1 Immigrant Women and Domestic Violence Jewish Women International March 4, 2010 Leslye Orloff Immigrant Women Program (202)

2 Learning Objectives Recognize the dynamics of domestic violence experienced by immigrant women Help immigrant victims access help available to all immigrant victims both documented and undocumented Screen victims for immigration relief eligibility Identify public benefits victims and their children can access

3 U.S. Immigrant Demographics “Immigrant” defined as born outside the U.S. (and not a U.S. citizen) Today 25% of U.S. population are immigrants or children of immigrants 18% (5 and older) speak a language other than English at home 85% of immigrant families are “mixed status”, including at least 1 U.S. citizen, often a child

4 Immigrant Demographics 80% of immigrants are living in the U.S. legally 1/3 of foreign-born population are naturalized U.S. citizens 1/3 of permanent residents were at one time undocumented

5 Domestic Violence Prevalence Rates and Severity U.S. in general – 22.1% (NIJ) Immigrant women – 30-50% Research has found that immigrant victims –Stay longer –Have fewer resources –Sustain more severe physical and emotional consequences of abuse

6 Connection Between Abuse and Control Over Immigration Status Immigrant women lifetime abuse rates as high as 49.8% % reporting abuse married to citizens or lawful permanent residents 50.8% U.S. citizen spouse/ former spouse abuse rate rises to 59.5% Almost three times the national average

7 The Power of Control Over Immigration Status Of spouse who could have filed legal immigration papers for victims –72.3% never file immigration papers. –The 27.7% who did file had a mean delay of 3.97 years.

8 Immigration-Related Abuse Lock’s Immigrant Women in Abusive Relationships Keeps victims from –seeking help –Getting protection order –Calling police –Cooperating in prosecutions Affects victims documented and undocumented 65% of immigrant victims report some form of immigration related abuse (NIJ)

9 Immigration Related Abuse as a Lethality Factor 10 times higher in relationships with physical/sexual abuse as opposed to psychological abuse Lethality factor can predict abuse escalation Corroborates existence of physical and sexual abuse

10 Factors Affecting Immigrant Victim’s Willingness to Call Police for Help Positive Factors: –Length of time in the United States –She had spoken to 2 or more persons about the violence (46% know other women victims) –Her children witnessed the abuse –She had a protection order Negative Factor: –Victim’s immigration status

11 Immigration Status Affects Willingness to Call Police Significant difference between victims willingness to call the police related to their immigration status: –Stable (citizen/permanent resident) % –Temporary (temporary visa) % –Undocumented %

12 Protecting Immigrant Mothers, Protects Children –Immigrant victims who receive help including immigration relief child abuse likelihood drops significantly (77% to 23%). –Children of help seekers 20% less likely to have abuser threaten them –One third less likely to have abuser threaten to take them away from their mother

13 NIJ Funded CPO Study Found With advocates support immigrant victims will use and benefit from justice system assistance –60.9% first learned about CPOs from their advocates –81% got CPO with help from advocate –96% found them helpful –However, 68.3% of violations immigrant related abuse

14 Systemic Barriers Barriers are in systems not women Provide assistance-support to overcome and remove systemic barriers including: –Language access –Fear of deportation –Fear of losing custody/access to children –Misinformation about the legal system –Economic survival

15 Open to all immigrant victims (including the undocumented) Protection Orders Emergency Shelter Transitional Housing Legal Services Child Custody and Support Services for Domestic Violence, Child and Elder Abuse, Sexual Assault and Crime Victims Adult and Child Protective Services Police Assistance Have Their Abusers Criminally Prosecuted

16 Assistance for all immigrants Necessary to Protect Life and Safety Offered in-kind, at the community level, and not based on the individuals income or resources – –Crisis counseling and intervention –Child and adult protection services –Violence and abuse prevention –Victim assistance –Treatment of mental illness or substance abuse –Help during adverse weather conditions –Soup kitchens –Community food banks –Short-term shelter or housing assistance for the homeless, victims of domestic violence, or for runaway, abused, or abandoned children (*Includes emergency shelter and transitional housing up to two years.*) –Nutrition programs for seniors and those requiring special assistance

17 Health Care Open to All Immigrants Community health clinics State funded programs Post assault health care paid by VOCA funds Immunizations, testing, and treatment of communicable diseases Emergency Medicaid

18 Federally Qualified Health Centers Community Health Centers Migrant Health Centers Open to all Underserved populations unable to pay

19 Qualified Immigrant Access to Federal Public Benefits All qualified immigrants can access some federal public benefits Which benefits they can access depends on –Immigration status –When they entered the United States Pre or post 8/22/96? –What benefits are offered by the state NILC.org and legalmomentum.org (CHARTS) –Whether they meet heightened program requirements for some programs

20 Who are “Qualified Immigrants”? Lawful permanent residents Refugees and asylees Cuban/Haitian entrants Veterans Amerasians Persons granted conditional entry Persons paroled into U.S. one year or more Persons granted withholding of deportation or cancellation of removal Persons who (or whose child) has been battered or subject to extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent

21 Partial List of Federal Public Benefits/Community Programs Open to All Qualified Immigrants Public and assisted housing Post-secondary educational grants & loans Social services block grant programs Child care Low income energy assistance program Disability benefits Assistance to developmentally disabled Job opportunities for low income individuals

22 Federal Means-Tested Public Program Access Limited By: TANF (5 yr bar post 8/22/96) SSI (most restrictive) Medicaid (5 yr bar post 8/22/96) SCHIP (5 yr bar post 8/22/96) Exception to 5 year bar for under 21 year old lawfully residing children and pregnant women up to 60 days post partum

23 Food Stamps for Qualified Immigrant: Children under 18 –regardless of date of entry Receiving disability benefit –regardless of date of entry Persons who have been qualified immigrant for five years or more Refugees Human Trafficking victims

24 When one family member qualifies and others do not: If a family member qualifies for benefits as a citizen or qualified immigrant the benefits granting agency may only ask questions about the person’s eligibility No questions may be asked about the immigration status of the any family member not applying for additional benefits for themselves

25 History and Purpose of Violence Against Women Act Immigration Provisions

26 The Importance of Immigration Status Ability to work legally Path to lawful permanent residency and ultimately citizenship Protection from deportation Opens up more access to publically funded benefits, health care and services Severs dependence on potential abusers Better access to housing Ability to travel to and from the U.S. (with some exceptions) More access to protection orders Improved ability to win custody and protect children

27 Until VAWA Immigration Law Historically Gave: Employers and Family members the ability control the immigration status of an immigrant –Spouse –Child –Worker Citizen, permanent resident, work visa holder controls –Whether to file –When to file –Whether immigrant worker or family member can attain or keep legal immigration status

28 Potential Immigration Remedies Domestic Violence Abuse Victims Applications filed DHS –VAWA self petition –Battered spouse waivers Spouses of citizens with 2 year green cards avoids joint filing requirement –U visa (crime victim visa) –T visa (trafficking victim visa) Forms of relief from removal- granted by Immigration Judge – only for spouse or child abuse –VAWA cancellation of removal –VAWA suspension of deportation

29 General VAWA Self-Petitioning Requirements Subjected to Battery or Extreme Cruelty By a U.S. Citizen or Permanent Resident –Spouse (must file within 2 years of divorce) –parent, –adult son/daughter (over 21) With Whom self-petitioner resided –No time period required Good Moral Character –Generally requires lack of criminal history Good Faith Marriage –only if the abuser was a spouse or step-parent

30 Battering Under Immigration Law: All forms of physical violence Domestic violence Sexual assault Physical assault Attempts to do physical harm Criminal threats

31 Extreme Cruelty Under Immigration Law All physical and sexual abuse Emotional Abuse Economic Abuse Sexual Abuse Coercion Deportation threats Intimidation Social Isolation Degradation Possessiveness Harming pets Threats Attempts

32 VAWA self-petition process Prima facie determination  public benefits Approval of VAWA self-petition  employment authorization, no deportation After VAWA approval, file for permanent residency (green card) –If abuser is U.S. citizen, self-petitioner can immediately seek permanent residency –If abuser is permanent resident, self-petitioner may have to wait up to or over 7 years to file

33 Crime Victim (“U”) Visa Requirements Substantial physical or emotional abuse from criminal activity Possesses information about criminal activity in the US or violates US law Victim has been, is likely to be or is being helpful to detection, investigation or prosecution of criminal activity Must include certification from a government official Can lead to lawful permanent residency

34 Criminal activities covered by the “U” visa? Rape Torture Trafficking Incest Domestic violence Sexual assault Prostitution FGM Blackmail Extortion Manslaughter Murder Felonious assault Witness tampering Involuntary servitude Slave trade Being held hostage Kidnapping Abduction Peonage False Imprisonment Obstruction of justice Perjury Attempt, conspiracy or solicitation to commit any of these crimes Any similar activity

35 Who can certify? Police officer Prosecutor Judge Immigration Officer Other authority with responsibility for detection, investigation or prosecution of criminal activity Including but not limited to –Adult Protective Services –Child Protection Services –EEOC –Department of Labor

36 Substantial physical or emotional abuse? Case-by-case determination considering individual experience and the following factors: –nature of the injury inflicted or suffered; –severity of the perpetrator’s conduct; –the severity of the harm suffered; –the duration of the infliction of harm; –permanent or serious harm to victim’s appearance, health, physical, and mental soundness No one factor is required Can include pre-existing conditions

37 Lawful permanent residency for U visa holders Available to U visa holders who demonstrate –Humanitarian Need or –Family Unity –Public Interest, AND That the victim did not unreasonably refuse to cooperate in with law enforcement officials

38 VAWA confidentiality DHS barred from making inadmissibility or deportability decisions based solely upon information provided by abusers, including family members of abusers DHS cannot disclose VAWA information to anyone (except in limited circumstances)‏ Enforcement locational prohibitions

39 DHS barred from any part of an enforcement action occurring at: A shelter Rape crisis center Supervised visitation center Family justice center Victim services program or provider Community based organization Courthouse in connection with any –Protection order case, child custody case, civil or criminal case involving or related to domestic violence, sexual assault, trafficking, stalking

40 Safety Planning for Immigrant Victims and Their Children: Filing Early for Immigration Relief Family courts considering immigration status as a factor in custody cases State Abuse and Neglect agencies intervening to take children from undocumented parents Triggered by –reports from health care system, other government agencies (Maria Luis – Nebraska) –Increased immigration enforcement against immigrant parents (Encarnacion Bail – Missouri)

41 Immigrant Parents’ Constitutional Right to Custody of Their Children Constitution right to custody absent finding of unfitness Overriding presumption that parent child relationship is constitutionally protected and In child’s best interest to stay with/be reunited with their parent Applies to all families without regard to –Immigration status; and –Whether or not the parent is In immigration detention or deported Child’s best interests not comparison of natural vs. adoptive parent’s –cultures, countries, or financial means

42 Abuser’s Raising Immigration Status of Non-abusive Immigrant Parent in Custody Proceedings Presumptions against awarding custody to abusers in most state laws Abusers raise immigration status to gain advantage in custody cases Abusers will try to use discovery in the family law case to obtain information about VAWA immigration case –Hawke v. U.S. –Legal Momentum’s tool kit for family lawyers

43 Materials Available from Manuals on legal rights of immigrant domestic violence and sexual assault victims –Immigration relief –Family law issues –Public benefits –Language access Adult self-petitioning flow chart Child self-petitioning flow chart State by state benefits and health care charts U visa tool kits