Filipino Lesbian Faces Deportation

April 1, 2009
Filipino lesbian mother faces deportation from US
By News Editor Fridae

A 43-year old woman faces likely deportation to the Philippines on Friday leaving behind her partner of 23 years and two twelve-year-old twin sons in Pacifica, California.
A 43-year old woman faces likely deportation to the Philippines on Friday leaving behind her partner of 23 years and two twelve-year-old twin sons who were conceived invitro using her American partner's eggs.

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Top: Shirley Tan and her twelve-year-old son Jashley Mercado. Photo from San Jose Mercury News web site. Bottom: Lawyer Melanie Nathan wrote on her blog, O-blog-dee-o-blog-da, that the picture was taken before Shirley Tan knew that she was in fact out of legal status in the USA, and the family had ''requested a visit to the White House and were apparently cleared - while there was an deportation order in effect.''
Shirley Tan and her partner Jay Mercado, a naturalised citizen born in the Philippine, were married in San Francisco in 2004 but their marriage was voided among the other 4,000 marriages performed by the city of San Francisco. The California's Supreme Court ruled that Mayor Gavin Newsom overstepped his authority when he ordered city hall officials to begin issuing marriage licences to gay couples.

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 pair a married opposite-sex couple, advocates say, Tan could be legal.

The couple are both the legal parents of their boys who are US citizens. Tan now wears an ankle bracelet assigned by Immigration and Customs Enforcement agents who knocked on the front door at 6.30 am on Jan 28 this year, according to media reports.

Immigration Equality released a press statement on Mar 27 highlighting the US’ discriminatory immigration laws saying: "We hope the press will generate US government interest in staying the deportation, and understanding of the need for passage of the Uniting American Families Act to stop the destruction of our families."