Donald Trump’s radical immigration policies putting just about any undocumented immigrant in the U.S. at risk of deportation add up to a domestic abuser’s dream come true. Fearing his deportation force, some undocumented women are opting to stay away from domestic violence courts and law enforcement agencies sworn to protect them. More from Mother Jones:
In the weeks since the president's immigration orders were first announced, undocumented domestic violence victims have backed out of cases for fear of drawing the attention of immigration enforcement agents. Four domestic violence cases in Denver were dropped recently after victims refused to cooperate with law enforcement. At least one domestic violence victim in Travis County, Texas, has hesitated to move forward with a case, citing similar concerns. More broadly, immigrants have begun to retreat from courthouses to avoid being detained and deported by ICE. There have been several recent reports of ICE arrests of undocumented immigrants in courthouses, although not of arrests of victims of domestic violence, outside of the El Paso case.
While immigrant women facing domestic abuse can qualify for work authorization and temporary legal status under the Violence Against Women Act, only a certain amount of visas are available each year. During the Obama administration, some immigrant women were able to avoid deportation while they awaited a decision on their applications. But under the Trump regime, that may not be the case anymore:
In an analysis of the DHS memos, the Tahirih Justice Center, a nonprofit serving immigrant women and girls fleeing gender-based violence, said that [DHS Secretary John] Kelly's directives appeared to rescind an ICE guidance issued in 2011 that protected immigrant victims of domestic violence and other crimes. That guidance said that "ICE officers, special agents, and attorneys should exercise all appropriate prosecutorial discretion to minimize any effect that immigration enforcement may have on the willingness and ability of victims, witnesses, and plaintiffs to call police and pursue justice."
“An ICE representative told Mother Jones that the protections from that guidance were still in effect,” but recent ICE actions terrorizing immigrant communities just don’t match ICE’s claim.
Earlier this year in Texas, a domestic abuser may have tipped off ICE to the whereabouts of his victim, a transgender woman. She was arrested as she was leaving court, where she was attempting to obtain a protective order against him. "My concern as we see these new executive orders and DHS guidance is that it leads to fear where people feel like they cannot access help," said one advocate from Casa de Esperanza, an organization that assists immigrant women in crisis.
This fear isn’t isolated to just domestic abuse cases, either. Pregnant immigrant women are giving birth at home in order to forgo reporting their names at hospitals and perhaps putting themselves at risk of deportation. Though “medical centers have traditionally been considered ‘sensitive locations,’ like schools and places of worship, where federal agents usually would not enter,” ICE agents recently arrested at least two immigrant men leaving a hypothermia shelter at a Virginia church.
“Domestic violence victims should never fear seeking protection from our courts and law enforcement,” tweeted Florida Congresswoman Val Demings. Women also shouldn’t have to choose between abuse or deportation, but that’s exactly what Donald Trump is forcing them to do. Think about that the next time he trots out Ivanka to show how much he cares about women’s issues.