As an organization that builds the leadership of immigrant survivors of domestic violence, sexual assault, and human trafficking, We express our opposition to the bill HR 30 (called the so-called “Illegal Aliens” Violence Against Women Prevention Act)We join more than 200 organizations working with survivors of violence in opposing this appalling and misleading bill. We have adapted the statement below from a letter sent to Congress by the National Task Force to End Sexual and Domestic Violence (NTF), whom we thank for their important advocacy on this issue.
We oppose this legislation as it would expand the circumstances under which domestic violence, child abuse and neglect, stalking, and sex offenses would constitute grounds of inadmissibility, as well as expand the definition of domestic violence to be considered for inadmissibility or deportability grounds. These measures will, ironically, have a negative impact on immigrant survivors of domestic and sexual violence.
Unfortunately, immigrant victims are particularly vulnerable to being arrested and prosecuted for domestic violence, if they acted in self-defense or are accused by an abuser of being a primary aggressor. A well-known tactic of abusers to maintain power and control over their victims is to report, or threaten to report, their partner to authorities, including local law enforcement, child protective services, and ICE. Perpetrators far too often falsely claim that their partner -- the victim of their violence -- is the one who is violent, neglectful, etc. These false reports, and the threats of them, are too often highly effective at keeping victims trapped in violent relationships.
Moreover, we know that parents of color are disproportionately accused of child abuse offenses, including abandonment and neglect. Domestic violence survivors are not infrequently charged with child neglect for having “failed to protect” their children from witnessing or exposure to an adult’s violence committed against the non-abusive parent, resulting in doubly penalizing the survivor and the children for violence committed by someone else. This legislation could lead to a survivor being found ineligible to legalize their immigration status, or even deported, without requiring a conviction, in circumstances where an individual admits that they committed acts that would constitute a crime.
Language and cultural barriers, fear of the abuser and the authorities, confusion, intimidation, a lack of awareness of rights, and a lack of access to advocates and other resources, all may prevent an immigrant victim from being able to communicate what really happened.
Once in custody and/or facing trial, and desperate to be released and reunited with their children, these same factors – combined with poor legal counsel, particularly about the immigration consequences of criminal pleas and convictions – could lead to the deportation of wrongly accused victims who may have pled to or been unfairly convicted of domestic violence charges.
Unfortunately, the bill was passed this week by the House of Representatives. Now, we need to stop it in the Senate.
Take action now! Call 202-224-3121 and tell your Senator to VOTE NO on this harmful bill.
“Hi, my name is [name] and I live in [city, state]. I am asking you to vote NO on HR 30, the Preventing Violence Against Women by “Illegal Aliens Act.” This bill undermines survivor protections and fails to address the real barriers to safety. Instead of adding harmful immigration penalties, Congress should consult with survivors and service providers to create solutions that truly support their needs.”
Our thanks to the National Network the End Domestic Violence for preparing this call to action. Please email us to let us know that you made the call, so we can know you are with us.