Resources Available for Undocumented Survivors of Domestic Violence under Federal Immigration Law

When working with undocumented survivors, there are many legal matters to be considered before taking a step towards leaving the abusive relationship; family law, victim’s rights, and immigration law. It is important to know the legal avenues available and to support this legislation that aids the survivor.

The Violence Against Women Act (VAWA) was passed in September 1994. It was reauthorized in 2000 and again in 2005. VAWA will be up for reauthorization in 2011. Under VAWA, Congress recognized that an aggressor can use the spouse’s undocumented status against them as a form of abuse.  The VAWA legislation created a special resolution to keep US citizens and permanent residents from manipulating the immigration process and its laws to continue controlling their immigrant wife. VAWA allows the immigrant survivor to submit a self-petition and obtain permanent residence without the abuser’s help, protecting her from further abuse.

In October 2000, Congress created the U visa under the Victims of Trafficking and Violence Protection Act. The intent of this legislation was to “strengthen the ability of the law enforcement agencies to detect, investigate and prosecute” crimes against undocumented immigrants, such as domestic violence, as some non-citizen victims may be hesitant to come forward to collaborate in the investigation or prosecution of the crime for fear of adverse immigration actions. The U visa promotes assistance to law enforcement by providing undocumented crime victims an opportunity to obtain temporary legal status.

Part of our duty as advocates for battered women at PADV Atlanta is to educate our Latina clients of their legal options as it is essential to rebuild their lives and remain safe following the abuse. The most important thing to remember when considering these options is to consult an immigration attorney, act truthfully and in a timely manner. Additionally, remember no human being is illegal and everyone has the right to call the police and be safe, regardless of immigration status.

 

-Samantha M.

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