Foss, ‘The demise of the homosexual exclusion’, 1994

R. J. Foss, ‘The demise of the homosexual exclusion: New possibilities for gay and lesbian immigration’, 16 Immigration and Nationality Law Review 179, 1994

Abstract

The passage of the Immigration Act of 1990 and its subsequent signature by President Bush represent the closing of a shameful chapter in United States history. The new law repealed many of the exclusionary provisions of the Immigration and Nationality Act (INA),’ among them, the exclusion of homosexuals. 3 The quiet and unspectacular passage of the bill stands in sharp contrast to the private pain and suffering the provisions of the former law caused in the lives of many people. This Article is an obituary for the homosexual exclusion. Part I examines the history of immigration law through the paradigm of insurrectionist history, to show that xenophobia has underlain American immigration policy since the earliest days of the republic.4 Part II, in examining the enactment of the exclusion, considers the legislative history of the language that excluded homosexuals and discusses socio political factors such as the perceived communist-homosexual nexus. Part III considers the enforcement history of the exclusion and its repeal in 1990. Finally, Part IV looks to the future from a practitioner’s perspective, reviewing possible problems in lesbian and gay immigration, and celebrating the progres made toward making asylum available to persecuted gays and lesbians.