How Immigration Reform Can Reduce Abuse and Exploitation for Immigrant Women

How Immigration Reform Can Reduce Abuse and Exploitation for Immigrant Women
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Speakers Sonia ParrasKonrad ASISTA Immigration Assistance Michelle M Ortiz Lucha Project, Americans for Immigrant Justice Rosie Hidalgo Casa de Esperanza: National Latin@ Network for Healthy Families and Communities Royce Bernstein Murray National Immigrant Justice Center Facilitated by: Jen Smyers Church World Service

Subject Matter Experts Eunice Cho, National Employment Law Project Jennifer Podkul, Women’s Refugee Commission Stephanie Richard, Coalition to Abolish Slavery and Trafficking

Sponsors Americans for Immigrant Justice Asian & Pacific Islander Institute on Domestic Violence ASISTA Immigration Assistance Casa de Esperanza: National Latin@ Network for Healthy Families and Communities Coalition Against Slavery and Trafficking Columban Center for Advocacy and Outreach Church World Service Disciples of Christ The Episcopal Church Jewish Women International Leadership Conference of Women Religious Lutheran Immigration and Refugee Service Minnesota Coalition for Battered Women National Advocacy Center of the Sisters of the Good Shepard National Employment Law Project National Immigrant Justice Center National Network to End Domestic Violence NETWORK The Sisters of Mercy of the Americas Sojourners Tahirih Justice Center United Church of Christ United Methodist Church, General Board of Church & Society Women’s Refugee Commission YWCA

Agenda Background and overview of vulnerabilities and challenges that immigrant women may face How the bipartisan Senate immigration reform bill would reduce these vulnerabilities Stories of how immigration reform would provide real life benefits for survivors of abuse Updates on immigration reform efforts in the House of Representatives How YOU can advocate on behalf of immigrant women

Challenges and Vulnerabilities

Background Bipartisan efforts to achieve immigration reform in 2007 fell short States and localities have increasingly passed legislation targeting undocumented immigrants Harmful impact on women, families & communities Everyone acknowledges that the current immigration system is broken Some new momentum after 2012 elections

Heightened Enforcement Programs Increase Vulnerability 287(g) and Secure Communities Programs, among others shifts mission of local policing from community safety to immigration enforcement Abusers, traffickers and exploitative employers keep immigrant women in fear

Harmful Impact of Immigration Detention Separates immigrant women from their children Children in foster care or with abuser Reduces access to services and legal relief Amplifies trauma and exacerbates mental-health needs of survivors Vulnerable to sexual victimization in detention

Increased Vulnerability of Undocumented Immigrant Women More likely to experience exploitation when crossing the border Increased exploitation while working Limited access to services and safety net Increased risk of violence in the home Increased vulnerability to losing their children Increased vulnerability in immigration detention

Vulnerabilities to Exploitation in the Workplace Immigrant women without work authorization Work for substandard wages Are fearful to access employment protections Primarily work in child, elder and disabled care; cleaning homes; providing labor that fuels the service industry and middle-class comforts May be vulnerable to sexual violence, sexual assault, sexual harassment in the work place May be vulnerable to human trafficking

Vulnerabilities to Abuse in the Home Aggregated study results indicate that immigrant survivors suffer more severe abuse, more often. Abuse rates in marriages between U.S. citizens and immigrant women may be 3X higher than in the general U.S. population. Nearly 75% of abused undocumented women in one survey said that their spouse had never filed immigration papers for them. Abusers who eventually filed petitions for their immigrant spouses waited almost four years to file. Common tactic: 65% of 157 immigrant survivors of abuse interviewed reported their abuser had threatened deportation

Special Vulnerabilities of Immigrant Women to Abuse Practical Factors: Survivors face difficulties accessing protection and services due to isolation, lack of knowledge of resources/rights, lack of a support network and language barriers Cultural Factors:Survivors may not seek assistance due to cultural perceptions of law enforcement, court system, outside assistance, divorce, or if domestic violence denied/excused in their culture or for fear of disgrace. Economic Factors: Survivors are often economically dependent on the abuser or do not possess work authorization Legal Factors: Survivors often do not report abuse for fear of deportation, loss of custody of children, or retaliation from the abuser (e.g. withholding filings/documents). Immigration-related forms of abuse are pervasive.

Survivor Stories Why Immigration Reform is Needed

Survivor Stories: How Immigration Reform Can help MARIA:In the fall of 2012, Maria’s husband strangled her and threatened her with a knife, all in front of their two-year-old daughter and six-year-old son. This final violent episode followed years of abuse. Maria called the police, who arrested and jailed her husband. Maria cooperated fully in the investigation and prosecution of the crime against her. Maria was completely financially dependent on her husband. Since her husband’s arrest, Maria has lived in 4 shelters in less than a 1-year period because the shelters require her to work after a certain grace period. Maria applied for the U visa in January, 2013, but she can’t get work authorization yet. Moving from shelter to shelter has magnified her already traumatic state. Also, Maria’s children are unable to live in a stable, calm environment because they move so often to new shelters and schools. Under current processing times, Maria will not receive work authorization until May of 2014.

Survivor Stories: How Immigration Reform Can help CLAUDINE:Claudine works in a chicken processing plant in Florida to support herself and her 4 year-old-daughter. She earns less than minimum wage for a scheduled 40 hour work week, but she does not get paid for extra work and typically works 60 hours a week, and often forced to work without breaks. She doesn’t dare ask for fewer hours or to be paid for all hours worked – she can’t even ask for a bathroom or lunch break without been told by her manager that she can only take a break if she will have sex with him. Many of her female coworkers experience the same. Like many undocumented workers, she has not made any formal complaints of her working conditions or her manager’s sexual advances. Claudine fears she will be fired and will not be able to find another job because she has no papers. Above all, Claudine fears her employer will call immigration and she will be deported to earthquake-ravaged Haiti. She and her undocumented co-workers continue to be exploited, and their employer and Claudine’s manager continue to engage inegregious violations of federal labor laws and to escape punishment. Current law does not provide a means for Claudine to gain legal status that would empower her to speak out, hold her employer accountable, and protect other women from suffering the same harassment and exploitation.

Survivor Stories: How Immigration Reform Can help JOHNNY:Johnny came to the United States when he was 16 years old after his mother, Julia, made the difficult decision to flee violence and poverty in Honduras. Johnny quickly adapted to life in the U.S. – graduating from high school and working to help support his three siblings and his mother. When Johnny was 20, his mother was brutally raped by the owner of one of the homes she cleaned. Since the rape, Julia has been unable to work because she suffers from extreme anxiety, panic attacks, and depression. As a result, Johnny takes care of his mother and has become the sole provider for his family. Unfortunately, while current law can provide a rape survivor like Julia with a U visa (based on her cooperation in the prosecution of her attacker), it does not extend far enough to provide legal status to some family members likeJohnny who provide critical support to survivors. By the time Julia became aware that she was eligible for a U-visa, Johnny had already turned 21, and no longer qualified as a derivative on her U-visa petition. Johnny also does not meet the cut-off date for deferred action for childhood arrivals (DACA).

How the bipartisan Senate immigration reform bill can help reduce these vulnerabilities

How does S. 744 enhance protections for all immigrants overall, and thus survivors? Creates Registered Provisional Immigrant (RPI) Status & Path to Citizenship Strengthens protections for non-citizens in child protection cases Eliminates one-year filing deadline for asylum Creates additional waivers for bars to legal status Limits immigration enforcement at sensitive locations (schools, hospitals/clinics, churches, crime victim services) Ensures screening of unaccompanied immigrant children at the border to identify victims of persecution or trafficking Improves to treatment while in ICE/CBP custody; requires female officers to escort female detainees during transport Bolsters protections for workers recruited abroad by contractors

Specific protections for survivors of abuse Protections for Abused Spouses of Temporary Visa Holders Increases number of available U visas Work Authorization for applicants with pending VAWA, U and T applications Makes LPR spouses “immediate relatives”

Specific protections (Cont’d) 4. Expansion of U visa qualifying crimes Child abuse Elder abuse Serious civil workplace violations Preserving access to public housing programs for qualified VAWA self-petitioners Special protections for abused RPI spouses

Why Should We Care about Immigration Reform? Obtaining legal status lessons vulnerabilities to abuse and exploitation that many undocumented women face Survivors of violence will feel safer contacting police Window of opportunity now to enact comprehensive reform, not piecemeal or patchwork Important opportunity to seek specific enhancements to protections for immigrant survivors of violence

Why existing immigration protections for survivors are not enough Current Federal protections include: VAWA: self-petitions for survivors U Visa: victims of certain serious crimes T Visa: victims of human trafficking These protections are good but offer protections aftervictimization has occurred. Why should immigrants have to wait for the harm to occur before protections are available?

Real Impact of Senate bill Maria: If the Senate immigration reform bill were law, Maria may obtain a work permit after her U visa has been pending for a certain amount of time. This would provide her and her family a path to secure permanent housing, and gradually re-build her life. Claudine: The bipartisan Senate immigration reform bill would allow workers like Claudine to expose abuse without fear of retaliation or deportationby strengthening protections for immigrant workers and adding serious workplace abuses to the list of qualifying crimes for U-visas. Johnny: The bipartisan Senate bill provides a path to citizenship for individuals like Johnny, whose family members have legalized, but who remain in the shadows because of aging out or failing to meet cut off dates through no fault of their own.

Reform Efforts in the House of Representatives

How Could the House SAFE Act (HR 2278) Harm Survivors? Can subject domestic violence shelters to criminal penalties of up to 5 years for “harboring” undocumented immigrant victims Increases state/local police enforcement of immigration laws (but does not require training, nor prevent reporting/arresting victims), so many survivors would not report crime for fear of deportation Subjects any undocumented immigrant who entered “without inspection” or violated admission conditions for ≥90 days to 6 months+ in jail Imposes other steep criminal penalties – e.g., using a false passport or immigration papers could mean 15 years in jail, no exceptions Adds or increases other bars to legal status, and increases detention – including indefinite detention – of documented and undocumented immigrants

How YOU could make a difference

Reach out to your Representative! In August, your member of Congress will be back in their districts. Show your support of immigration reform by: Scheduling a meeting with other community groups to show the importance of immigration reform in your area. Attending town hall meetings and mention why immigration reform is crucial to your community Calling or visiting the Member’s office to let them know you support immigration reform.

Contact House Leadership Your Member of Congress: 202-225-3121 Speaker Boehner: 202-225-6205 Majority Leader Cantor: 202-225-2815 Judiciary Chairman Goodlatte: 202-225-5431 Immigration Subcom Chair Gowdy: 202-225-6030 Carter (TX): 202-225-3864 Johnson (TX): 202-225-4201 Diaz-Balart (FL): 202-225-4211 Yarmuth (KY): 202-225-5401 Becerra (CA): 202-225-6235 Lofgren (CA): 202-225-3072 Gutierrez (IL): 202-225-8203

Sample Script “My name is ___________, and I am calling from [City, State]. I support comprehensive immigration reform because I care about protecting immigrant women in their homes and work places from abuse. I urge [Member’s name] to to advance immigration reform to protect vulnerable immigrants in my community from abuse and exploitation.”

Resources: More Information We are seeking stories to show why immigration reform is important for survivors of violence! If you work directly with immigrant survivors, please help us collect stories: http://bit.ly/13hamOi For more information on how immigration reform affects survivors of violence, visit www.asistahelp.org For more information on the SAFE Act: http://www.nilc.org/safeactsummary.html We Belong Together Campaign: Organizational sign-on letter for Women and Immigration Reform due TODAY at 5pm ET: http://bit.ly/12ZX1Xc Rape in the Fields Documentary: http://www.pbs.org/wgbh/pages/frontline/rape-in-the-fields/ Interfaith Immigration Coalition: www.interfaithimmigration.org

How Immigration Reform Can Reduce Abuse and Exploitation for Immigrant Women