Immigrant Survivors of Domestic Violence, Sexual Assault & Trafficking Prepared by Gail Pendleton Updated by Aimee Clark Todd

Goals Identify who you can help Identify what you can do Identify who you will work with (or need to work with)

Questions Is being undocumented a crime? Can undocumented apply to work? Can undocumented apply to be US citizens? Who can apply for LPR?

Realities Language & accessibility Information/misinformation Potential for deportation Experience in the home country Economic barriers Cultural and religious pressure

How Immigration System Works DHS: Department of Homeland Security CIS: Citizenship and Immigration Services Administrative applications for “benefits” ICE: Immigration and Customs Enforcement Detaining and removing those inside US CBP: Customs and Border Protection Airports, border, 100 miles inside border

What Congress Has Done Basic Framework Family-based immigration Temporary and Permanent Employment-based immigration Temporary and Permanent Asylum Special routes to immigration status

What Congress Has Done Access to public benefits Access to legal services Access to services (LEP)

Special Options Special Immigrant Juveniles Self-petitioning, Cancellation of Removal, and Conditional Residence Waiver T & U Status Work authorization for nonimmigrant spouses

Special Immigrant Juveniles Neglected, abandoned, abused Eligible for long-term foster care Dependent of court or agency Not in best interests to deport Retain jurisdiction until gets status

Self-petition Under VAWA Self-petitioning for domestic violence victims: Created by VAWA 1994 Self-Petitioner must show: Battery or extreme cruelty to self or child Good moral character Citizen or lawful permanent resident spouse, parent or adult child abuser Married in good faith

Human Trafficking – T Status The term ''severe forms of trafficking in persons'' means: (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (Victims of Trafficking and Violence Prevention Act of 2000 can be found at

Human Trafficking “Whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any person for labor or services in peonage, slavery, involuntary servitude or forced labor...” US Criminal Law OR Anyone who is being manipulated or forced to work against his/her will or provide services for the benefit of someone else (involuntary servitude)

Requirements for U Status “Substantial physical or mental abuse” from criminal activity Possesses information concerning the criminal activity; Law enforcement certification “Is being, has been or is likely to be helpful” in the investigation or prosecution of

U Purpose To strengthen the ability of law enforcement to investigate and prosecute crimes listed To provide humanitarian relief to crime victims and their family members

U Visa Crimes Rape Torture Trafficking Incest Domestic violence Sexual assault Abusive sexual contact Prostitution Sexual exploitation Female genital mutilation Being held hostage Peonage Involuntary servitude Slave trade KidnappingAbduction Unlawful criminal restraint False imprisonment BlackmailExtortionManslaughterMurder Felonious assault Witness tampering Obstruction of justice Perjury or attempt, conspiracy, or solicitation, to commit any of the above mentioned crimes

Who can certify? T Petition Federal Law Enforcement Agency State or Local Law Enforcement Agency U Petition – Head of Agency or Designated Supervisor Federal, State or Local Law Enforcement Agency Prosecutor Judge Child Protective Services EEOC Dept of Labor Other investigative agencies

Important considerations “Any credible evidence” (except MUST have certification) Family members can get visas too Adult victims: Children and spouses Child victims: Parents, children, spouses and unmarried child siblings (application date)

Substantial Abuse Impairment of emotional or psychological soundness Factors include: the nature of the injury; severity of perpetrator’s conduct; severity of harm suffered; duration of infliction of harm; permanent or serious harm to appearance; health, physical or mental soundness. aggravation of a victim’s pre-existing conditions.

How will this help? Examples of people you’ve met? Who needs to be involved? Law enforcement certification (T & U) Mental/physical abuse Applicant’s declaration Legal application

What You Can Do What can you do? Who else do you need? How will you work together?

Building Collaborations What collaborations do you already have? What works and doesn’t in building and maintaining them? Who’s missing from your tables?

Building Collaborations: Practice Pointers identify common ground get "in their shoes“ examine your assumptions acknowledge differing priorities try to understand their concerns

respect & be clear on confidentiality & privilege sort out who does what BEFORE crises Formalize responsibilities

ask for institutional commitment do joint fundraising create accountability = put it in writing (MOUs, protocols)

Resources Legal assistance (immigration) (Aimee Clark Todd, Atlanta Chapter Vice- Chair, (immigration) (all low-income) (immigration) DV/SA/Trafficking Resources Family law, public benefits

Resources Comprehensive Materials Document Gathering Instructional: ment_Collection_for_VAWA_-_ILRC.pdf ment_Collection_for_VAWA_-_ILRC.pdf Overview of options for battered immigrant women: eServer?pagename=iwp_2 eServer?pagename=iwp_2