Trump Administration to Deny Visas to Same-Sex Partners of Diplomats, U.N. Officials The Trump administration on Monday began denying visas to same-sex domestic partners of foreign diplomats and United Nations employees, and requiring those already in the United States to get married by the end of the year or leave the country. The U.S. Mission to the U.N. portrayed the decision—which foreign diplomats fear will increase hardships for same-sex couples in countries that don’t recognize same-sex marriage—as an effort to bring its international visa practices in line with current U.S. policy. In light of the landmark 2015 Supreme Court decision legalizing same-sex marriage, the U.S. extends diplomatic visas only to married spouses of U.S. diplomats. “Same-sex spouses of U.S. diplomats now enjoy the same rights and benefits as opposite-sex spouses,” the U.S. mission wrote in a July 12 note to U.N.-based delegations. “Consistent with [State] Department policy, partners accompanying members of permanent missions or seeking to join the same must generally be married in order to be eligible” for a diplomatic visa. But critics says the new policy will impose undue hardships on foreign couples from countries that criminalize same-sex marriages. Samantha Power, a former U.S. ambassador to the United Nations, denounced the new policy on Twitter as “needlessly cruel & bigoted.” “State Dept. will no longer let same-sex domestic partners of UN employees get visas unless they are married,” she tweeted, noting that “only 12% of UN member states allow same-sex marriage.” In July, the U.S. mission sent out diplomatic notes to the United Nations and representatives for foreign diplomatic missions explaining the new policy, which reversed a 2009 decision by then-Secretary of State Hillary Clinton to grant visas to domestic partners of U.S. and foreign diplomats. The contents of the diplomatic note were first reported in August by the Washington Blade. The 2009 policy, however, did not allow a heterosexual domestic partner of a U.S. or foreign diplomat to enter the country on a diplomatic visa. The new policy —which enters into force Monday—requires that foreign domestic partners of diplomats and U.N. officials posted in the United States must show the State Department proof of marriage by Dec. 31, or leave the country within 30 days. As of today, domestic partners of diplomats and U.N. officials based abroad will need to show they are married in order to enter the country on a diplomatic visa. The latest policy change, the United States explained in the note, was aimed at ensuring all couples were treated equally. “The Department of State will not issue a G-4 visa for same-sex domestic partners,” the U.N. human resources chief explained in a note distributed to staff last month. “As of 1 October 2018, same-sex domestic partners … seeking to join newly arrived U.N. officials must provide proof of marriage to eligible for a G-4 visa or to seek a change in such status.” There are currently at least 10 U.N. employees in the United States who would need to get married by the New Year to have their partners’ visas extended. The new policy poses a number of risks for same-sex partners, according to Alfonso Nam, the president of U.N. Globe, a U.N. LGBTI staff advocacy organization. Same-sex couples already inside of the United States could go to city hall and get married. But they could potentially be exposed to prosecution if they return to a country that criminalizes homosexuality or same-sex marriages. The United States informed foreign governments that they would allow “limited exceptions” to its new policy in cases involving diplomats from countries where same-sex marriage is illegal. But that government would have to provide documentation proving that same-sex marriage was illegal and commit to accepting same-sex partners of U.S. diplomats. Yet that exception was not offered to U.N. officials. “With this change, the State Department is enforcing parity in the way they recognize opposite-sex partnerships and same-sex partnerships,” U.N. Globe said in a statement. “It is an unfortunate change in rules, since same-sex couples, unlike opposite-sex couples, have limited choices when it comes to marriage.” This story has been updated.<doc-sep>President Donald Trump's administration began denying visas to the unmarried, same-sex partners of foreign diplomats and officials and employees of the United Nations this week — making marriage a requirement to be eligible for a visa. The policy was made effective Monday. It comes despite the fact that the majority of countries do not recognize same-sex marriage and many same-sex couples face prosecution in their own countries. The shift was detailed in a memo circulated at the United Nations' headquarters in New York last month but unveiled in July, according to the State Department. The policy shift gives the same-sex partners of foreign diplomats and U.N. workers until the end of the year to get married or leave the country. The State Department said in a briefing Tuesday that the policy will affect about 105 families in the USA, 55 of which have links to various international organizations. It was not clear how many foreign diplomats and U.N. employees with pending U.S. posts will be affected by the policy change. Twelve percent of the 193 U.N. member states represented in New York allow same-sex marriage, according to Samantha Power, a former U.S. ambassador to the United Nations who served under President Barack Obama. The Trump administration said the new policy is more consistent with the Supreme Court ruling in 2015 that legalized same-sex marriage. The heterosexual partners of foreign diplomats and U.N. employees are also not eligible for U.S. visas. Critics of the move argued the policy would create hardship for gay couples from countries that ban same-sex marriage or offer only civil unions. Those who marry in the USA to secure their visa status could face criminal proceedings once they return to their home nations. "Those not yet in the country will need to show they’re married to secure a visa, potentially forcing those living in countries without marriage equality to choose between a posting at UN headquarters or family separation," Akshaya Kumar, deputy U.N. director at Human Rights Watch, wrote in a blog post. UN Globe, which advocates for non-discrimination of LGBTI staff at the United Nations and in its peacekeeping operations, said it was an "unfortunate change in rules, since same-sex couples, unlike opposite-sex couples, have limited choices when it comes to marriage." Power, the former ambassador, described the policy in a tweet as "needlessly cruel and bigoted." The State Department said the rule change would promote equal treatment. It said it recognized that not all countries permit same-sex marriage and it was prepared to work with individual cases to find a solution for those not able to marry. But Diane Klein, a legal scholar at the University of La Verne who first wrote about the policy change in a blog post in July, said: "What remains unclear, both to employees inside affected agencies, and to legal commentators from the outside, is whether visa holders who marry their partners in the U.S., but whose marriages would not be recognized by their home countries, will enjoy continuing access to these partner visas." On Friday, nearly 120 House Democrats signed and sent a letter to Secretary of State Mike Pompeo pressing him and the administration to reverse what they say is a discriminatory policy. “The United States must maintain its historical moral leadership on all human rights issues, including those affecting LGBTQI people,” wrote the lawmakers. “This policy sends the wrong message that the U.S. is not welcoming of all people.” “It also needlessly excludes UN personnel, and places an unnecessary burden on diplomats from countries that do not currently allow same-sex marriage. We urge the State Department to reconsider its decision,” the lawmakers added. Rep. Ted Deutch, D-Fla., who was among the lawmakers to sign the letter, said it is “particularly offensive that [the administration] would dare announce this policy in the name of equality.” “Progress has been made in this country despite, not because of, this Administration,” he said. “Secretary Pompeo should swiftly reverse this decision and lift the burden on partners of foreign diplomats coming from countries where same-sex marriage is illegal." More:Court: Korean-born girl must leave USA because she was adopted by her Kansas uncle a year too late<doc-sep>
The Trump administration is now denying visas to unmarried same-sex domestic partners of foreign diplomats and United Nations employees, while ordering those who are already in the U.S. to either get married by the end of the year or leave the country. The policy came into effect on Monday, with partners of diplomats and U.N. workers given until December 31 to show the State Department proof of marriage or leave the country within 30 days, according to Foreign Policy magazine, which first reported the story. The U.S. mission to the U.N. has reportedly explained the move as an effort to update its international visa practices to reflect current U.S. policy. Since the Supreme Court ruled in favor of legalizing same-sex marriage in 2015, U.S. policy has dictated that diplomatic visas only be available for married spouses. "Same-sex spouses of U.S. diplomats now enjoy the same rights and benefits as opposite-sex spouses," the U.S. mission reportedly wrote in a July 12 memo to U.N.-based delegations. "Consistent with [State] Department policy, partners accompanying members of permanent missions or seeking to join the same must generally be married in order to be eligible [for a diplomatic visa]," the memo said. Some have argued that while that may be true, the new policy could be dangerous for couples whose home countries have criminalized same-sex marriage. "Those not yet in the country will need to show they're married to secure a visa, potentially forcing those living in countries without marriage equality to choose between a posting at UN headquarters or family separation," Akshaya Kumar, deputy United Nations director at Human Rights Watch, said in a blog post. Former U.S. Ambassador to the United Nations Samantha Power also hit out at the policy on Twitter, calling it "needlessly cruel and bigoted." The former ambassador noted that only 12 percent of U.N. member states allow same-sex marriage, meaning those who do marry in the U.S. to secure visa status could face criminal charges if and when they return to their home countries. According to Foreign Policy, at least 10 unmarried U.N. employees currently in the country will need to get married before the end of the year in order for their partners' visas to receive extensions.