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VICTIMS OF VIOLENCE: LEGAL AND SOCIAL SERVICES
The Need
Giving abused and victimized newcomers a new beginning in safety and freedom.
CLINIC's Response
CLINIC supports legal and social-service programs to help foreign-born women
escape from abusive spouses and obtain legal residence on their own, while
assisting them with shelter, long-term housing, food, clothing, employment, job
training, and mental health and legal counseling.
CLINIC advocates with federal immigration authorities for effective implementation of
the new "U" visa for victims of trafficking, and provides training to its member
agencies on "T" and "U" visa applications.
Violence Against Women
Foreign-born women have been found to stay in abusive personal relationships if
they rely on being married to a U.S. citizen or permanent resident to legalize their
immigration status. Without this status, undocumented women cannot legally work or
become economically independent. Victims of domestic violence are often trapped in
violent relationships because they fear deportation, separation from their children and
impoverishment. Too often, their plight is unseen, unheard and unresolved.
However, fear of being alone, poverty, lack of resources, and cultural and language
barriers are obstacles to seeking help. In addition, there is an immense need for
expanded outreach and legal immigration services.
Domestic violence impacts one in every three women in the United States. Immigrant
survivors of violence are particularly vulnerable to the power and control of abusers
because they typically need to rely upon their permanent-resident or U.S. citizen
spouses to legalize their immigration status. The Violence Against Women Act
(VAWA), signed into law in 1994, allowed immigrant victims of domestic violence to
self-petition for legal residence and also provided them with a special form of relief
from removal. In addition, Special Immigrant Juvenile Status grants lawful permanent
residence to children who are determined to be dependent upon juvenile courts, if it is
determined that it is not in the child’s best interest to return home. However, poverty,
lack of resources, cultural and language barriers, and lack of awareness remain
obstacles to seeking help.
Congress further responded to the problem of gender-based violence by enacting "U"
and "T" temporary (nonimmigrant) visas in 2000, with very helpful amendments in
2005. The U visa will grant lawful status to victims of domestic abuse, rape,
blackmail, assault, and certain other forms of crime. While U visas are not yet being
granted, potential beneficiaries may obtain interim relief and employment authorization,
allowing them to remain in the United States until they are able to apply for the visa.
Lawful status is also available for survivors of human trafficking through the T visa,
which also makes survivors eligible for the same public benefits available to
refugees. CLINIC is now working on disseminating information about the new U and T
provisions.
Another benefit of the enactment of U and T provisions was that they helped
establish a framework for interaction between immigrant communities and law
enforcement. To receive the visas, victims assisted in the investigation or prosecution
of the crime, which not only helped build a foundation of trust between authorities and
immigrants, but raised awareness among law enforcement and legal professionals of
the types of relief available for other victims.
As part of its program to help victims of violence, CLINIC provides both technical
assistance and direct services. In particular, CLINIC offers advocate training
sessions on the types of immigration relief available to victims of abuse or other crime,
as well as direct technical assistance to Catholic Charities' offices around the country
that represent victims of crime. CLINIC has also recently initiated a project called
Training Florida Law Enforcement to Help Abused Immigrants, through a generous
grant from the Florida Bar Foundation. This project will provide much-needed training,
mentoring, and other assistance to law enforcement officials in Florida who help
immigrant victims of domestic abuse and crime obtain special immigration legal relief.
Moreover, CLINIC is one of the authors of two important and widely-used manuals for
advocates representing victims of abuse and crime. These are The VAWA Manual:
Immigration Relief for Abused Immigrants, written with the Immigrant Legal Resource
Center under a generous grant from the California Endowment, and A Guide for Legal
Advocates Providing Services to Victims of Human Trafficking, written with MRS and
the Legal Aid Foundation of Los Angeles, under generous grants from the U.S. ORR.
CLINIC also participated in a community-wide collaborative in which immigration
attorneys provided or referred victims of abuse and crime to shelter care, long-term
housing, food and clothing, employment and job training, mental health counseling,
restraining orders, and child custody and support payments.
Trafficking and Enslavement
Another form of violence against migrants is human trafficking and enslavement.
Victims of human trafficking have migrated to the United States because of desperate
economic circumstances in their home countries. Trafficked workers find themselves
enslaved or indentured for many reasons. Most must pay off immense transportation
debts or risk violence to themselves or their families. Others are lured to the United
States with the promise of a well-paying job, but instead find themselves forced to
work in sweatshops, agricultural fields or as prostitutes.
Dislocated women and children separated from family and friends are often targeted
to be victims of crimes. Their undocumented status makes it more difficult for them to
come forward and identify themselves as victims in need of help.
Fortunately, the Victims of Trafficking and Violence Protection Act of 2000 recognized
this problem by creating a new nonimmigrant visa classification so victims can report
crimes, participate in the prosecution of the criminals, and begin to normalize their
lives. The "T" visa applies to victims of severe forms of human trafficking who are
also able to participate in the prosecution of the trafficker. The "U" visa applies to non-
citizens who suffer substantial physical or mental abuse ranging from a wide range
of criminal activity against them, including trafficking and domestic abuse.
CLINIC works with government agencies to ensure that these measures effectively
address victims' needs and do not add hurdles in their way. CLINIC provides training
and has produced a manual, Immigration Relief for Abused Immigrants, for its
member agencies on "T" and "U" visa applications. CLINIC also participates in a
consortium of 22 Catholic social service and policy agencies working in tandem on
outreach and education to eradicate human trafficking.
CLINIC launched a Victims of Trafficking/"U" Visa Working Group through its Midwest
Field Office in Chicago with startup funding from the Hospital Sisters of the Third
Order of St. Francis. This working group educates Chicago community-based
organizations about the law's potential benefits for victims of trafficking. Human
trafficking undermines the dignity of humanity and exploits the poverty to which many
in the world are subjected.
The Need
Giving abused and victimized newcomers a new beginning in safety and freedom.
CLINIC's Response
CLINIC supports legal and social-service programs to help foreign-born women
escape from abusive spouses and obtain legal residence on their own, while
assisting them with shelter, long-term housing, food, clothing, employment, job
training, and mental health and legal counseling.
CLINIC advocates with federal immigration authorities for effective implementation of
the new "U" visa for victims of trafficking, and provides training to its member
agencies on "T" and "U" visa applications.
Violence Against Women
Foreign-born women have been found to stay in abusive personal relationships if
they rely on being married to a U.S. citizen or permanent resident to legalize their
immigration status. Without this status, undocumented women cannot legally work or
become economically independent. Victims of domestic violence are often trapped in
violent relationships because they fear deportation, separation from their children and
impoverishment. Too often, their plight is unseen, unheard and unresolved.
However, fear of being alone, poverty, lack of resources, and cultural and language
barriers are obstacles to seeking help. In addition, there is an immense need for
expanded outreach and legal immigration services.
Domestic violence impacts one in every three women in the United States. Immigrant
survivors of violence are particularly vulnerable to the power and control of abusers
because they typically need to rely upon their permanent-resident or U.S. citizen
spouses to legalize their immigration status. The Violence Against Women Act
(VAWA), signed into law in 1994, allowed immigrant victims of domestic violence to
self-petition for legal residence and also provided them with a special form of relief
from removal. In addition, Special Immigrant Juvenile Status grants lawful permanent
residence to children who are determined to be dependent upon juvenile courts, if it is
determined that it is not in the child’s best interest to return home. However, poverty,
lack of resources, cultural and language barriers, and lack of awareness remain
obstacles to seeking help.
Congress further responded to the problem of gender-based violence by enacting "U"
and "T" temporary (nonimmigrant) visas in 2000, with very helpful amendments in
2005. The U visa will grant lawful status to victims of domestic abuse, rape,
blackmail, assault, and certain other forms of crime. While U visas are not yet being
granted, potential beneficiaries may obtain interim relief and employment authorization,
allowing them to remain in the United States until they are able to apply for the visa.
Lawful status is also available for survivors of human trafficking through the T visa,
which also makes survivors eligible for the same public benefits available to
refugees. CLINIC is now working on disseminating information about the new U and T
provisions.
Another benefit of the enactment of U and T provisions was that they helped
establish a framework for interaction between immigrant communities and law
enforcement. To receive the visas, victims assisted in the investigation or prosecution
of the crime, which not only helped build a foundation of trust between authorities and
immigrants, but raised awareness among law enforcement and legal professionals of
the types of relief available for other victims.
As part of its program to help victims of violence, CLINIC provides both technical
assistance and direct services. In particular, CLINIC offers advocate training
sessions on the types of immigration relief available to victims of abuse or other crime,
as well as direct technical assistance to Catholic Charities' offices around the country
that represent victims of crime. CLINIC has also recently initiated a project called
Training Florida Law Enforcement to Help Abused Immigrants, through a generous
grant from the Florida Bar Foundation. This project will provide much-needed training,
mentoring, and other assistance to law enforcement officials in Florida who help
immigrant victims of domestic abuse and crime obtain special immigration legal relief.
Moreover, CLINIC is one of the authors of two important and widely-used manuals for
advocates representing victims of abuse and crime. These are The VAWA Manual:
Immigration Relief for Abused Immigrants, written with the Immigrant Legal Resource
Center under a generous grant from the California Endowment, and A Guide for Legal
Advocates Providing Services to Victims of Human Trafficking, written with MRS and
the Legal Aid Foundation of Los Angeles, under generous grants from the U.S. ORR.
CLINIC also participated in a community-wide collaborative in which immigration
attorneys provided or referred victims of abuse and crime to shelter care, long-term
housing, food and clothing, employment and job training, mental health counseling,
restraining orders, and child custody and support payments.
Trafficking and Enslavement
Another form of violence against migrants is human trafficking and enslavement.
Victims of human trafficking have migrated to the United States because of desperate
economic circumstances in their home countries. Trafficked workers find themselves
enslaved or indentured for many reasons. Most must pay off immense transportation
debts or risk violence to themselves or their families. Others are lured to the United
States with the promise of a well-paying job, but instead find themselves forced to
work in sweatshops, agricultural fields or as prostitutes.
Dislocated women and children separated from family and friends are often targeted
to be victims of crimes. Their undocumented status makes it more difficult for them to
come forward and identify themselves as victims in need of help.
Fortunately, the Victims of Trafficking and Violence Protection Act of 2000 recognized
this problem by creating a new nonimmigrant visa classification so victims can report
crimes, participate in the prosecution of the criminals, and begin to normalize their
lives. The "T" visa applies to victims of severe forms of human trafficking who are
also able to participate in the prosecution of the trafficker. The "U" visa applies to non-
citizens who suffer substantial physical or mental abuse ranging from a wide range
of criminal activity against them, including trafficking and domestic abuse.
CLINIC works with government agencies to ensure that these measures effectively
address victims' needs and do not add hurdles in their way. CLINIC provides training
and has produced a manual, Immigration Relief for Abused Immigrants, for its
member agencies on "T" and "U" visa applications. CLINIC also participates in a
consortium of 22 Catholic social service and policy agencies working in tandem on
outreach and education to eradicate human trafficking.
CLINIC launched a Victims of Trafficking/"U" Visa Working Group through its Midwest
Field Office in Chicago with startup funding from the Hospital Sisters of the Third
Order of St. Francis. This working group educates Chicago community-based
organizations about the law's potential benefits for victims of trafficking. Human
trafficking undermines the dignity of humanity and exploits the poverty to which many
in the world are subjected.
415 Michigan Ave., NE
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
e-mail me
(202) 635-5810
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
e-mail me
(202) 635-5810
Case Study
"Maria," a native of Mexico, came to the United
States at the urging of her U.S. citizen husband
"John." John promised to file a lawful permanent
resident application on her behalf. John regularly
beat Maria, routinely threatened to kill her, and
kept her in isolation. She avoided seeking help
because she feared her husband and immigration
authorities.
When John broke her jaw and three ribs, she went
to the emergency room where medical staff
referred her to law enforcement and a local
Catholic Charities immigration program. A Catholic
Charities immigration counselor presented Maria
with legal, social service and immigration options.
Maria promptly entered a shelter with her two
children. After Maria pressed charges, John was
sent to prison. The Catholic Charities immigration
counselor determined that Maria qualified to apply
for lawful permanent resident status without
John's assistance. Maria's application was
approved within six months. As a result, she took
her children out of the shelter, obtained work
authorization, found employment, learned to drive,
and made friends in the community. Today, she is
safe and self-sufficient.
"Maria," a native of Mexico, came to the United
States at the urging of her U.S. citizen husband
"John." John promised to file a lawful permanent
resident application on her behalf. John regularly
beat Maria, routinely threatened to kill her, and
kept her in isolation. She avoided seeking help
because she feared her husband and immigration
authorities.
When John broke her jaw and three ribs, she went
to the emergency room where medical staff
referred her to law enforcement and a local
Catholic Charities immigration program. A Catholic
Charities immigration counselor presented Maria
with legal, social service and immigration options.
Maria promptly entered a shelter with her two
children. After Maria pressed charges, John was
sent to prison. The Catholic Charities immigration
counselor determined that Maria qualified to apply
for lawful permanent resident status without
John's assistance. Maria's application was
approved within six months. As a result, she took
her children out of the shelter, obtained work
authorization, found employment, learned to drive,
and made friends in the community. Today, she is
safe and self-sufficient.
Photo: Human Issues Collaborative
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