Protecting Immigrant Women and Girls Fleeing Violence

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2 Immigration Remedies for Survivors of Sexual and Domestic Violence Presented by: Kathryn Finley Immigration Staff Attorney Tahirih Justice Center

3 Objectives Provide overview of Tahirih Justice Center services. Review the dynamics of sexual and domestic violence for immigrant survivors. Familiarize participants with the immigration remedies available to survivors of sexual and domestic violence.

4 Tahirih s Mission The Tahirih Justice Center is a national non-profit organization that protects courageous immigrant women and girls who refuse to be victims of violence, by providing holistic legal services and advocacy in courts, communities, and Congress. Tahirih engages in direct litigation, public policy advocacy, and education and outreach to ensure systemic change that protects women and girls from violence.

5 Tahirih s Offices Washington, DC area (Falls Church, VA) (since 1997) Houston, TX (since 2009) Baltimore, MD (since 2010)

6 PROTECTING IMMIGRANT AND GIRLS FLEEING VIOLENCE: A THREE-PRONGED APPROACH DIRECT SERVICES We provide immigrant women and girls with a range of free legal services, and we connect them to the vital social services they need to rebuild their lives in safety and with dignity, including emergency housing, food assistance, and health care. TRAINING AND EDUCATION We educate thousands of frontline professionals - including attorneys, judges, police officers, healthcare staff, and social service providers - to create a community that is better able to respond to the unique needs of immigrant women and girls. POLICY ADVOCACY We engage in national and local public policy advocacy, elevating our clients often unheard voices to important public debates across the country and transforming law and policies to ensure systemic, lasting change.

7 True Justice Requires Holistic Services Tahirih Client Legal services Social needs Medical needs Immigration Law Family Law Shelter, Housing Employment Urgent care Dental care Impact Civil Litigation Food, clothing Child care Primary and Specialty care Counseling Education Expert testimony

8 To Make a Referral Individuals interested in Tahirih s services should call our main phone line, (571) on Tuesdays from 10am 2pm to speak with someone about their immigration case. Individuals who are accepted for full representation may be eligible for the full range of Tahirih s services including family law representation and social services case management.

9 Domestic Violence and the Immigrant Survivor

10 Power and Control Looks Different for Immigrant Survivors

11 Emotional Abuse Refusing to allow her to learn English Threatening to call immigration Threatening to have children taken away (CPS or deportation) Hiding or destroying documents Using racial or ethnic slurs Insulting religious beliefs or practices

12 Sexual Abuse Trafficking Calling her a prostitute or mail order bride Alleging that she has a history of prostitution on legal papers Telling her that US law requires her to have sex with her spouse

13 Economic Abuse Taking her wages Not allowing her to send money overseas Control of household finances Threatening to report her if she works under the table Not letting her get job training or schooling Destroying property from country of origin

14 Case Example: Saniya Saniya grew up in a small town in India. When she was 20, her parents arranged for her to marry Manoj, a US citizen of Indian descent. Saniya agreed to be married, and within two weeks, the couple was married in a traditional ceremony. Manjor went back to the US but was able to bring Saniya over six months later.

15 Case Example: Saniya Adjusting to life in the United States was difficult for Saniya. She spoke very little English and did not know anyone other than Manoj. They lived in a rural area of Fairfax County where there was no public transportation. At first, Manoj was kind he took Saniya shopping and drove her around town to show her the sites. But after a few months, he no longer brought friends over or took her out of the house for get-togethers, and he became distant and cold. Manoj refused to let Saniya leave the house without him. He mocked her and told her she was there to be a good wife, to cook, clean, and take care of him. Manoj monitored her phone calls and sometimes hid the phone so she could not call anyone.

16 Case Example: Saniya A few months later, Saniya got pregnant. She was thrilled, and believed that Manoj would be excited, too. But Manoj wasn t thrilled. He said they weren t ready to have children yet, and berated Saniya for not taking birth control and being more careful. Throughout Saniya s first trimester, Manoj grew more abusive. He refused to buy Saniya food or to take her to the doctor. Manoj threatened to divorce Saniya and send her back to India. Saniya knew that if she returned to India as a divorced woman, she would have no way to support herself and would have to return to parents home, which would be deeply shameful. She would be scorned in her community.

17 Case Example: Saniya One day, Saniya begged to go to the doctor because she was in horrible pain. Eventually, when she started to bleed, Manoj took her. The doctor confirmed that she had suffered a miscarriage and asked if everything was OK at home. Saniya did not disclose the abuse because Manoj was in the room the entire time and the doctor was a man.

18 Saniya s Story What tactics of domestic violence has Saniya experienced? What barriers does she face to seeking help?

19 Why Immigration Status is a Tool of Abuse Legal immigration status largely depends on the victim s relationship to their abuser Abusers often use their power over their spouse or child s immigration status to control, threaten, isolate, harass and coerce the immigrant victims 19

20 Why Immigration Status is a Tool of Abuse Vulnerable status deters victim from taking action to protect herself Abusers own vulnerable immigration status may deter victim from accessing the criminal justice system

21 How Immigration Status is Used as a Tool of Abuse Failing to file in order to legalize her status Threatening to withdraw a pending application Lying to her about his ability to apply for her Threats to report her to ICE or local police 21

22 How Immigration Status is Used as a Tool of Abuse Using lack of immigration status in child custody proceedings Lying about her ability to access the civil and criminal justice system Forcing her to violate immigration lawsi.e. work illegally, already married but forces her to come in on visitors visa/fiancé visa

23 Why do Survivors Stay in Abusive Situations? Fear that leaving will precipitate even more violence Lack of financial resources Concern about effects of separation on children Love, hope the relationship will improve Denial of abuse, failure to recognize abuse Physical/social isolation from family, friends, resources Cultural expectations or religious beliefs Feelings of shame Lack of knowledge of legal rights Fear of deportation of self or abuser

24 Saniya s Story Continued Following the miscarriage, Saniya continued to suffer abuse in her marriage to Manoj. On one occasion, when Saniya tried to refuse sex shortly after the miscarriage, Manoj called her a prostitute, grabbed her by the hair, and pushed her to the bed. Before he could do more, Saniya managed to run toward the front door. She saw Manoj s phone on the table, grabbed it, and managed to dial 911 before Manoj snatched it away from her and hung up.

25 Saniya s Story Continued A police officer, however, did arrive a few minutes later. Manoj did all the talking, explaining that his wife had been depressed and acting crazy lately. The police officer suspected something else might be going on, so after calling for back up, they separated Manoj and Saniya and interviewed each separately. Saniya, however, traumatized by fear, couldn t explain exactly what had happened and didn t know that what Manoj had done to her might be a crime in the US. Frustrated, the officer took Saniya to the station and Saniya filed for an emergency protective order. Subsequently, Manoj was made to leave the home until the final protective order hearing.

26 Saniya s Story Continued When Manoj was served with the protective order, he was furious. He showed up at the house and told Saniya that if she went through with the protective order, he would have her deported back to India, and that he would make sure everyone in her hometown knew that she was a bad wife. He threatened to accuse her of infidelity and of having an abortion to shame her and her entire family.

27 Saniya s Story Continued Terrified, Saniya agreed. Saniya did not appear at the protective order hearing, and it was dismissed. Manoj went back to the home and locked Saniya out. When a neighbor found her sleeping in a nearby park, she took Saniya to a homeless shelter, where she was finally connected to legal and social services to assist her.

28 Saniya s Story How was immigration used by Saniya s abuser against her? What options might be available to Saniya at this point?

29 Immigration Remedies for Victims of Sexual Assault and Domestic Violence

30 Objectives Outline forms of relief available to immigrant survivors of domestic violence, sexual violence, and human trafficking Understand the elements for each form of relief Understand the benefits that each form of relief can bestow upon survivors

31 Violence Against Women Act (VAWA): Immigration Relief for Victims of Domestic Violence

32 Purpose of the Violence Against Women Act (VAWA) Provides relief to: immigrants; in abusive familial relationships (child/spouse/parent) with US citizens or lawful permanent residents (LPRs or green card holders ); on whom their own legal status would otherwise have depended.

33 Who Qualifies for VAWA? Abused spouses of USCs and LPRs, including their children as derivatives o If filed within two years of divorce or abuser s loss of status o Eligible if marriage would have been legal but for bigamy of abuser Non-abused spouses of USCs or LPRs where their child is abused Abused children (natural born/adopted/stepchildren) of USCs (up to age 25) Abused parents of adult USCs (over age 21) * Men can also claim VAWA relief.

34 Three Types of VAWA Relief Self-Petitions: for victims who do not yet have permanent residency ( green card ) Battered Spouse Waivers: for victims who currently hold conditional residency ( 2 year green card ) VAWA Cancellation/Suspension of Removal: for victims who are currently in Immigration Court Proceedings and ineligible for other forms of VAWA relief

35 VAWA Self-Petition Requirements Status of the Abuser (US Citizen or LPR) Good Faith & Legal Marriage (evidence that the couple married for purposes other than immigration status) Shared Residence (evidence that the couple cohabitated) Battery or Extreme Cruelty (evidence of physical, mental and/or sexual abuse) Good Moral Character (of the Petitioner)

36 Benefits of an Approved VAWA Self-Petition Green card: Applicants who are/were married to a USC are immediately eligible to apply for permanent residency Deferred action: Permission to remain in the U.S. and legally work. Applicants who are/were married to a LPR can apply for permanent residency in the U.S. (or at a U.S. Consulate/Embassy abroad) when a visa becomes available. Derivatives: unmarried children under the age of 21 (and those over 21 who are protected under the Child Status Protection Act)

37 The U Visa: Immigration Relief for Domestic Violence and Sexual Assault Victims

38 Background/Policy Congress created the U Visa in an effort to strengthen the ability of law enforcement agencies to detect, investigate and prosecute crimes against immigrants and protect victims. -Victims of Trafficking and Violence Prevention Act of 2000

39 Eligibility for the U Visa Applicant: is a victim of a qualifying crime in the United States; possesses information concerning that qualifying crime; has been helpful, is being helpful, or is likely to be helpful to a law enforcement official; has suffered substantial physical or mental abuse.

40 Rape, sexual assault or abusive sexual contact, stalking Kidnapping, abduction, false imprisonment, or unlawful criminal restraint trafficking torture Qualifying Criminal Activity One or more of the following or any similar activity in violation of Federal, State, or local criminal law: female genital mutilation blackmail, extortion Domestic violence Felonious assault manslaughter, murder prostitution peonage, involuntary servitude, slave trade witness tampering, obstruction of justice, and perjury + Attempt, conspiracy, or solicitation to commit any of the above

41 Substantial Abuse Resulting from Crime Can be physical or mental Factors include: nature of injury severity of criminal conduct severity of harm duration of infliction of harm permanence or seriousness of harm to appearance, health, or physical or mental soundness of victim Case-by-case determination

42 Helpfulness The U Visa is available to those who are helpful (in the past, present, or future) regardless of whether the investigation or prosecution results in a conviction. Ongoing responsibility to cooperate; certifying official can withdraw certification DHS can contact certifying official A parent or guardian can fulfill the cooperation requirement for incompetent or incapacitated victims, or victims under 16 at the time of criminal activity

43 Law Enforcement Certification Certification Form (I-918, Supp B) is signed by: Police or prosecutors Judges Other agencies with criminal investigative jurisdiction, such as: Child Protective Services Equal Employment Opportunity Commission Department of Labor Must be signed by either the head of the agency or an individual specifically designated by the head of the agency. Certifying official can withdraw certification.

44 Benefits of the U Visa Legal status and work authorization for 4 years Can petition for derivatives (I-918 Supplement A) For applicants under 21: spouse, children, parents and unmarried siblings < 18 years For applicants 21 or older: spouse, children Can apply to adjust status to Lawful Permanent Resident ( green card ) after 3 years

45 The T Visa: Immigration Relief for Victims of Human Trafficking

46 What is Human Trafficking? Sex Trafficking induced to perform a commercial sex act by force, fraud, or coercion, OR under the age of 18 and induced to perform a commercial sex act Labor Trafficking 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.

47 Identifying Victims: Factors to Consider Control of documents Debt Working conditions Payment of wages Voluntariness of work Living conditions Isolation Threats Psychological manipulation Disorientation Fear and submission Language/cultural barriers Control Ability to come and go Physical or sexual abuse

48 Where are Trafficked Persons? Domestic services Embassies In servile marriages Construction Factories Agricultural fields Laundromats Motel housekeeping Massage parlors Hair and nail salons Strip clubs Brothels POTENTIALLY ANYWHERE!

49 Identifying Victims: Force, Fraud, or Coercion? Control of documents Debt Working conditions Payment of wages Voluntariness of work Living conditions Isolation Threats Psychological manipulation Disorientation Fear and submission Language/cultural barriers Control Ability to come and go Physical or sexual abuse

50 Applicant: Eligibility for the T Visa is or has been a victim of a severe form of trafficking is physically present in the United States on account of trafficking complied with any reasonable request for assistance in the investigation or prosecution (if over 18)* would suffer extreme hardship involving unusual and severe harm if removed from the United States *Exception for those unable to cooperate due to physical and psychological trauma

51 Benefits of the T Visa Legal status and work authorization for four years Eligible for same public benefits as a refugee Can apply to adjust status to Lawful Permanent Resident ( green card ) after three years or upon conclusion of investigation and prosecution of criminal case

52 Benefits of the T Visa Can petition for derivatives (I-914 Supplement A) For applicants under 21: spouse, children, parents and unmarried siblings < 18 years For applicants 21 or older: spouse, children, or any parent or unmarried sibling who faces danger of retaliation from trafficker Certain adult and minor children of derivative relatives: Principal s grandchildren, stepchildren, nieces, nephews, and siblings can qualify if they face a present danger of retaliation as a result of the principal applicant s escape from the trafficking situation or cooperation with law enforcement

53 Asylum: Immigration Relief for Victims of Gender-Based Violence

54 Who Qualifies for Asylum? any person who is outside any country of such person s nationality... and who is unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

55 Gender-Based Asylum Actual or imputed political opinion: about women s roles in society and control over their own bodies. Religious beliefs: that differ from her persecutor s religious beliefs concerning the proper role of women in society. Membership in a particular social group: of women with shared immutable characteristics. (i.e. who are of a certain age and tribe and have not undergone FGM or who are in domestic relationships and treated as property by virtue of their relationship).

56 Harm Constituting Persecution Threats to life or Freedom Torture Severe Economic Persecution Physical Harmbeatings/assault Female Genital Mutilation/Cutting Rape or Sexual Assault Servitude or Child Soldier Prolonged Detention or Confinement Forced Marriage *Psychological harm may not be persecution in the Fourth Circuit

57 Failure of State Protection Government must be either: a) the persecutor, or b) unwilling or unable to protect the applicant from non-state actors. Government has not taken reasonably effective steps to control harm or suffering Applicant s attempts to seek government assistance would be futile.

58 Bars to Asylum One year filing deadline Not applicable to unaccompanied minors Exception= Changed/Extraordinary Circumstances Safe Third Country = Canada Firm Resettlement (offer of permanent residency) Persecution of others Conviction for a particularly serious crime Terrorism grounds

59 Benefits of Asylum Legal status and work authorization Eligible for same public benefits as a refugee Can petition for derivatives (I-730) spouse (non-abuser), unmarried children who were under the age of 21at the time of filing Can apply to adjust status to Lawful Permanent Resident ( green card ) after one year

60 Special Immigrant Juvenile Status (SIJS): Immigration Relief for Unaccompanied Minor Victims

61 Eligibility for SIJS Unmarried and under age 21 (usually under the age of 18) Unaccompanied =not viable to reunify with a parent or both parents Abuse, abandonment, neglect, or similar maltreatment Not in best interest of child to return to country of origin Dependent on juvenile court or placed in custody, in accordance with state law

62 Benefits of SIJS Status as a Lawful Permanent Resident ( green card ) No derivative status available

63 Questions? Kathryn Finley Immigration Staff Attorney (571)