IMMIGRATION POLICY VIOLENCE AGAINST WOMEN ACT (VAWA)

SOC 290

Courtney Fugate Chris Petto

OCTOBER 8, 2013
THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL

Female immigrants are more likely to work in the informal labor market as domestic workers, caretakers, etc. and are less able to be protected under current laws. Immigrant women workers are also vulnerable to rape, sexual abuse, harassment, and other gender-motivated exploitation in and out of the workplace. Some immigrant women are brought to the United States through unsafe networks or to be reunited with a spouse. These avenues can provide unfavorable conditions like abuse, in this case domestic. Both documented and undocumented immigrant women may face domestic violence, especially if their immigration status depends upon an abusive spouse. For example, immigrant women may depend on a U.S. citizen spouse to petition for them through the family-based immigration system or their legal status may be tied to their spouses employment-based immigration status. This places immigrant women in a state of dependency on their spouse and leaves them vulnerable to the spouses threats and manipulation of deportation. Meaning, abusive spouses who file immigration petitions for their abused spouses and children often delay, revoke, or fail to file petitions for their family members then use it as a way of coercion using the threat to report their victims to immigration authorities. These victims then become fearful of reporting abuse of exploitation to authorities for fear that they will be deported and separated from their families. The Violence Against Women Act and its amendments allow immigrant victims of domestic violence to obtain immigration relief independent of their abusive spouse through a process called self-petitioning. The Battered Immigrant Protection Act, an amendment to the original VAWA, created new forms of immigration relief for immigrant victims of violent crime and sexual assault or trafficking through two types of visas: U-visas and T-visas. These visas allow the noncitizen to live and work in the United States, usually with their children. There are up to 10,000 U-visas and 5,000 T-visas available each year for applicants. To qualify for these visas, a noncitizen must have suffered substantial physical and/or mental abuse as a result of criminal activity and/or domestic abuse. These visas last up to four years and can be extended.

Another avenue of protection a noncitizen victim can access is the Battered Spouse Waiver with helps applicants for marriage-based green cards escape the conditional permanent resident status of two years if they are in an abusive relationship. They then can file for residency on their own, usually with their children, and away from the abuser. This VAWA self-petition provides the applicant work authorization and separate themselves. VAWAs initial ratification brought about many changes for both men and women in the United Sates. The 1994 legislations primary goal of reducing domestic violence led to a decline of intimate partner violence by 67% in 2010. Homicides between partners also have been reduced, with 35% less towards females and 46% less towards men. VAWA led to the creation of the National Domestic Violence Hotline, which receives approximately 22,000 calls every month. It has also worked to create relief for immigrants who may have been unable to seek out help otherwise. Such reasons include being undocumented. Before VAWA and the National Domestic Violence Hotline, an abused undocumented immigrant would have no way to seek out help without fear of deportation. Temporary visas (also called U-visas) after often given to such victims, which allow them safely and legally remain in the country. Lastly it has led to states passing more strict antiabuse and rape laws. The most recent (2013) iteration of VAWA protects men, women, immigrants, members of Native American reservations, and LBGQT persons. The benefits of VAWA for those people are quite clear; it has worked to help protect citizens and immigrants from domestic abuse though legislation in addition to giving victims outlets for help. It is difficult to name a specific group of was hurt by the legislation beyond the convicted abusers who have faced imprisonment and other criminal charges. Though not directly harmed by the legislation, it worth noting that it has been opposed routinely by conservative Republicans and groups such as the US Conference of Catholic Bishops, who typically cite its coverage of LBGQT groups and immigrants.

Works Cited: http://www.whitehouse.gov/sites/default/files/docs/vawa_factsheet.pdf http://www.futureswithoutviolence.org/userfiles/file/ImmigrantWomen/Background%2 0on%20Laws%20Affecting%20Battered%20Immigrant%20Women.pdf http://www.immigrationpolicy.org/just-facts/violence-against-women-act-vawaprovides-protections-immigrant-women-and-victims-crime http://www.immigrationpolicy.org/sites/default/files/docs/A_Womans_Struggle_062810. pdf