Lesbian mom ordered deported
03.31.2009 3:14pm EDT
(San Mateo, California) A Northern California family is expected to be torn apart on Friday when Shirley Tan is scheduled to be deported back to the Philippines, leaving behind her life partner and their 12 year old twin sons.
Tan and Jaylynn “Jay” Mercado were married in San Francisco in 2004. Their marriage was voided, but even if it still were in effect the federal Defense of Marriage Act prevents Mercado from sponsoring her partner of 23 years for immigration.Were the women a married opposite-sex couple, Tan could be legal.
“From the moment my sons were born we have never been apart. It’s tearing me apart to have to leave without them,” said Tan.
Legislation was re-introduced in Congress last month that would allow Americans in a same-sex relationship to sponsor their “permanent partners” for legal residency in the United States.
The Uniting American Families Act was filed in the House by Rep. Jerrold Nadler (D-NY) and in the Senate by Sen. Patrick Leahy.
With Democrats now in Control of the Congress and the White House LGBT advocates are hopeful the measure will become law.’
“Shirley Tan’s unacceptable situation is just one example of why Congress must pass immigration equality legislation. The Uniting American Families Act, which I co-sponsored, will allow lesbian and gay Americans to sponsor their permanent partners for residency in the United States,” said Rep. Jackie Speier, one of 110 cosponsors.
“In the near term, I am confident that any official who examines the facts in Shirley Tan’s case will come to the conclusion that this hard-working mother of two should not be sent to a country where she has no support network and was the victim of a horrific act of violence.”
“Until the UAFA passes, families like Jay and Shirley’s are at terrible risk,” said Immigration Equality Executive Director Rachel B. Tiven. “We are hopeful their members of Congress will introduce a private bill that would spare their twin boys and the boys’ grandmother from having the country they love tear their family apart.”
It is doubtful though that any legislation could be passed before the Friday deadline.
Across the country, 37,000 couples face similar circumstances.
Last week, the White House issued a statement about the Uniting American Families Act, saying “[President Obama] thinks Americans with partners from other countries should not be faced with a painful choice between staying with their partner or staying in their country.”
Victoria Neilson, Immigration Equality’s Legal Director, stated, “There may be no options for Jay and Shirley under existing law. How can they explain to their children that the U.S. Government does not consider them a family?”





Very sad indeed. Just shows how heartless our enemies are.
Thank you pro family California and USA. This country is a disgrace.
Tragic, infuriating, heartless. Makes me want to scream!
This is heart-breaking.
I’ve thought for a long time, if there’s a single best issue to challenge DOMA and Federal discrimination against homosexuals on, immigration status is it. The provision certainly doesn’t pass strict scrutiny and I don’t believe it passes rational basis, either. This is purely and simply discrimination against people because they are homosexual and the majority opinion in Lawrence v. Texas went to great lengths outlining why that’s unConstitutional.
I am sick of comments, what I want to know is,
(WHEN ARE WE GOING TO DO SOMETHING ABOUT IT)
We have to start taking actions, we need something like act up, all we do is complain how were being treated, lets all do something, anything, continually, non stop, until we get what we deserve. ENOUGH!
I’m in the same situation with my partner who is a UK national. Funny that the Philippines was once a US colony and the US was once a British colony – and the UK allows civil partnership.
Hold President Obama accountability!
If he is sincere in his belief that “ Americans with [same-sex] partners from other countries should not be faced with a painful choice between staying with their partner or staying in their country.” then CALL, WRITE, E-MAIL HIM TO INTERCEDE on behalf of Shirley Tan to at least delay her deportation until Congress can pass legislation allowing her to stay.
I really don’t understand. They hate us for loving someone and tolerate or ignore all kinds of inhumane acts.
And who supports this kind of action? Hypocrites who claim to be “pro-family” and yet are liars trying to break families apart. Hypocrites who claim to be “christian” and yet support hate and who wouldn’t know Christ if he walked in the door and stood in front of them.
These two women are not the first and won’t be the last. We need federal rights. NOW!
I simply don’t understand how they can see loving someone as evil and yet they tolerate and at times even endorse all kinds of inhumane acts.
Is this what the religious right calls being pro-family?
This just makes me sick to my stomach. I can’t even imagine what this would feel like.
Absolutely heartbreaking
Hey ladies, come to Canada and get refugee status…. this type of sh*t doesn’t happen here!! We have human rights!! That’s the difference between world leader and World Leader!