Hi there, it's me again. Sorry, I realize this is the 3rd diary I've written about this topic in 24 hours, but it doesn't seem to be getting much traction here for some reason. And I think part of that is my fault. I'm having a hard time writing about this for a couple of reasons:
1. It's pretty complex, in terms of how policy is enacted.
2. It hits home for me, in a very personal way.
Either way, this is kind of a BFD, so I'm going to try again. If you haven't been engaged by this yet please follow me below the squiggle-do and find out why this is so serious and why we really need to fight back to make sure this doesn't get passed. Preferably before people lose their lives.
The Cantor/Adams Version of VAWA
(Yes, it is really this bad)
For some background on how this legislation came to pass-The Violence Against Women Act, or VAWA, was first passed in 1994. Since it's passage, annual incidents of domestic battery have fallen by 53%, and reporting rates have increased by 51%. Bottom line-this law WORKS. That's why it has always been passed without controversy, in a bipartisan way.
Until this year. Until this congress.
What happened this year is that, after getting feedback from Domestic Violence workers, law enforcement agencies and prosecutors offices, new provisions were added to make the bill more inclusive. The 2012 version, Senate Bill 1925, covers ALL victims of violence, including increased protections for LGBTQ, Immigrant, and Native American survivors.
But as a result of extensive lobbying by a coalition of homophobes, bigots, wife-batterers, mail-order bride companies, and "Mens Rights" organizations the Cantor/Adams version that passed the House on Wednesday not only stripped out ALL of the language that benefits these groups, it actually REVERSED the existing provisions that keep immigrant women safe from their batterers.
While there are many levels of fail to contend with here, I'm going to focus on the one that is the scariest-the one that actually has the potential to be lethal, as my title suggests.
The Mail-Order Bride Amendment
(Webpage of Encounters International, Mail-order bride service and congressional lobbyists)
I am giving it this title because it came as the result of lobbying from the organization Stop Abusive and Violent Environments (SAVE), who's treasurer is the founder of a Mail-Order bride company with a financial interest in reducing immigrant protections. The lovely picture you see above is their website, where one of the selling points of their Russian brides is "as wives...they stick with the marriage even when times get tough and things stop being "fun"". In the case of at least one Russian woman, that "fun" included being beaten by her American husband, and not informed by Encounters International of the laws in place under VAWA that would protect her from abuse. She succesfully sued the company for $434,000 in compensatory and punitive damages. The case was affirmed upon appeal.
This kind of situation is far from uncommon. Abusers of immigrant victims frequently use immigration status, ignorance of American laws, and the threat of deportation as a weapon against them.
Enter the self-petition process. A VAWA self-petition allows a victim of violence to apply for lawful status on her own behalf privately, without relying on her abusive spouse. Note that she can only apply IF she can prove that she has been a victim of violence at the hands of her husband who is a U.S. citizen or lawful permanent resident. These applications are closely screened, and require extensive documentation in order to be approved.
But as a direct result of the aformentioned lobbying efforts, the Cantor/Adams version of this legislation reverses this provision. If passed, it would mean that immigration officials would notify abusers that the victim is seeking protection from their abuse. This is particularly dangerous for victims who are still living with their abusers or have children, as many immigrant victims have very limited options to leave an abusive situation until they obtain legal status. To seek asylum, the victim would also reveal her whereabouts-even if she managed to escape.
In addition, HR4970 would make a major change to how these applications are processed. HR4970 decentralizes the processing of these applications and gives local immigration offices authority to adjudicate VAWA petitions.
For many years now, VAWA adjudications have been centralized in the Vermont Service Center. Staff in Vermont receive extensive and highly specialized training on domestic violence, sexual assault, and trafficking and are trained to process these petitions without re-traumatizing the victims. Many local district offices are simply NOT equipped to handle these highly sensitive cases, and abuse victims would fall through the cracks.
HR4970 also ignores the deficiant access to legal counsel and language barriers many immigrant victims of violence face.
Punishing Victims
But perhaps most appallingly,
it exacts severe punishment for anyone who makes a mistake in the application process. HR4970 raises the standard of proof required to succeed in a VAWA application to a standard higher than has been set for ANY other asylum applicants. In addition, if the government finds “material misrepresentation” in an application, the petitioner and her co-applicants- including young children- would be permanently barred from all immigration protections. She will also be referred to the FBI for criminal prosecution, and will be swiftly deported on an "expidited basis"
This bears repeating:
This bill would criminally prosecute victims of violence who make a mistake on their application for protection.
To provide further punishment, applicants’ children also would also be permanently barred from immigration benefits. Since the children of most immigrants are American citizens, this means that going forward would involve not only the very serious risk of being prosecuted and deported, but of losing their children in the process. Losing their children to a violent spouse-a risk that most parents would not be comfortable taking. I certainly wouldn't.
In the words of Mony Ruiz-Velasco of the National Immigrant Justice Center (NIJC)
"Under these circumstances, as an immigration attorney who has handled hundreds of these cases over more than 15 years, I cannot imagine a situation where I would advise a client to apply for protection under VAWA if HR 4970 becomes the law. The risk to their safety would be too great and they would not be able to achieve permanent protection from dangerous abusers, which will be extremely dangerous."
Why this is so dangerous
Immigrant women are at increased risk for domestic violence.
Estimates show that nearly sixty percent of married immigrant women are in abusive relationships. They are also less likely to report abuse than documented or nonimmigrant women. While 55% of all domestic violence victims report their abuse to law enforcement officials, only 30% of documented immigrants turn to law enforcement for help.
The number drops to 14% for undocumented women.
Victims of domestic violence are at greatest risk when they separate or are considering leaving their abuser. This bill would notify their abuser of their intent to leave, and put their safety in jeopardy at the very moment they are most vulnerable.
Please take action before it is too late.
Action Steps
SIGN MY PETITION AT Change.org
Call Your Senator and urge them to pass the original version of H.R. 4970
See how your Representative Voted here- Call them and let them know how you feel about their vote.
Contact Representative Gwen Moore and say THANK YOU for standing up for the rights of women!
Washington DC Office
2245 Rayburn House Office Building
Washington, DC 20515
Phone: (202) 225-4572
Fax: (202) 225-8135
District Office
219 N Milwaukee St STE 3A
Milwaukee, WI 53202
Phone: (414) 297-1140
Fax: (414) 297-1086
UPDATE #1
IANAL. I've done my best to report on this accurately, using these sources:
House Bill on Violence Would Hand Power to Abusers of Immigrant Women and Allow Criminal Prosecution of Victims
H.R. 4970 Would Leave Immigrants More Vulnerable, and In Some Cases Endanger their Lives.
The House’s Immigrant Betrayal With New Violence Against Women Act
Kishik has shared a report that details the issues with the House version of this law. Please read for more information
UPDATE #2
A new report from Human Rights watch has been released detailing the appalling conditions that undocumented women and children face in this country. The findings are pretty stunning.
US: Sexual Violence, Harassment of Immigrant Farmworkers
UPDATE #3
Wow, 68 signatures so far! Thank you!
Sat May 19, 2012 at 2:27 PM PT: 82 signatures-almost 10% there! Thank you!
UPDATE #4 100 signatures on the petition! Awesome!