Immigrant Victims of Domestic Violence Need to Hear This: Your Safety Matters More Than Your ICE Status

To understand the devastating impact the current political climate surrounding immigration has had on immigrant victims of domestic violence, you only need to look at the numbers

• 75 percent of domestic violence agencies report victims are reluctant to report their abuse to the police or appear in court due to their immigration status.
• 10 percent drop in reports of domestic violence, in Los Angeles this past March, and a 25 percent drop in reports of rape among Latinos compared to the same month last year.
• 42.8% decline in rapes reported by Latinos so far this year in Houston, compared to the year before and a 13% drop in all violent crime reported by Latinos, including domestic violence.

In January 2017, the Trump administration issued an Executive Order on Immigration that outlined a much broader and tougher stance on undocumented illegal immigrants, with the promise of higher numbers of deportations and the use of local police to flag undocumented immigrants to Immigration and Customs Enforcement (ICE) officers.

Former Homeland Security chief (and now White House chief of staff) John Kelly tried to mitigate fear at the time, saying that simply being in the U.S. illegally does not necessarily target someone for deportation. “It’s got to be something else…” like criminal activity, according to Kelly, that triggers deportation. And to be sure, the majority of undocumented immigrants who have been deported in 2017 have been known criminals.

Still, extreme hyperbole from Washington and frightening headlines are having a tragic impact on immigrant victims of domestic violence. Indeed, fear of ICE detention when seeking protection has become so widespread that even immigrants who are U.S. citizens or lawful permanent residents are worried about showing up in court. In a giant step backwards, it’s clear to see that those who are in greatest need of help and protection may now be more reluctant than ever to seek it.

The Los Angeles police have already recognized this impact, citing “deportation fears” as the reason their city has seen such a sudden and otherwise inexplicable drop in police reporting by Latino crime victims. The same drop has not been seen in non-Latino populations.

Our Duty to Victims of Domestic Violence

During these volatile and uncertain times, we have an obligation to ensure that all victims of domestic violence are able to receive the help and protection they need to keep themselves and their children safe. This is a moment when our community must come together to create a powerful voice to let immigrant victims know that they have rights and they can be safe. Let’s make it known that:

• Under U.S. law, any victim of domestic violence, regardless of immigration or citizenship status, may report a crime of domestic abuse or violence to the police.

• Victims are not required to disclose immigrant status to police or to a domestic violence agency in order to receive help. It is enough to identify oneself as a victim of domestic violence.

• Victims CAN get a restraining order: regardless of immigration or citizenship status, any victim of domestic violence can file to obtain a temporary restraining order (TRO). People have the right to be safe. TRO applications are available at local courthouses or police stations. Applications do NOT require disclosure of immigration status.

• Translations of restraining order applications may be available at local court houses or police stations. If not, many local domestic violence agencies are able to provide volunteer court companions to help immigrants navigate the restraining order process in a language that is comfortable for them.

• Undocumented immigrants who are victims of crimes, including domestic violence, can be eligible for special protections set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.

These clear-cut protections are further supported by the New Jersey Supreme Court’s previous ruling that family courts are NOT immigration courts and should refrain from making determinations as to a person’s immigration status. (H.S.P. v. J.K., 23 N.J. 2015).

New federal rules -- and especially the aggressive rhetoric that has accompanied them -- have increased risk for misunderstanding between local courts and local law enforcement and ICE. This makes it imperative for undocumented victims of domestic violence to obtain sound legal guidance about their rights and options.

Politics can seep into almost every aspect of society, but let’s keep the push-pull and volatility of today’s immigration debate out of our domestic violence services. Victims should only feel encouraged to find the path that takes themselves and their children to safety.

Let’s be the light that guides them there.