Fear Of ICE Is Silencing Domestic Abuse Victims, Study Shows

NEW YORK CITY -- Domestic Abuse victims emerged as the latest victims of heightened ICE presence in New York City courtrooms in a new report that details abusers threatening partners with deportation and survivors too afraid of authorities to report attacks.

Immigrant New Yorkers have become too fearful of the justice system to take advantage of programs that could protect them under the Trump administration as ICE enforcement in New York courthouses skyrocketed 1736%, according to a report from the ICE Out of Courts Coalitions released Wednesday.

“Many of our foreign-born clients are scared to seek what they are legally entitled to in this country – orders of protection from abusive partners, custody of their children, or financial support to raise those children,” said Hamra Ahmad, Director of Legal Services at Her Justice.

"They fear that, no matter their immigration status, they or their family members may get deported when trying to get help."

Legal practitioners reported an almost 80% increase in domestic abusers threatening to call ICE on partners seeking help from Sanctuary for Families, a group that helps survivors of domestic violence, sex trafficking and gender-based violence, the report shows.

The report also provides anecdotal evidence that shows victims have become increasingly fearful of reporting abuse.

One New York attorney told of a client who refused to ask for help after the father of her children raped her in a parking lot then beat her skull with a metal object.

“She has neurological damage and what appears to be permanent vision loss as a result," said Andrea Panjwani of the Center for Safety & Change, Inc.

"When I asked her why she did not report it or ask us to help her get a restraining order at Family Court, she told me she was afraid of being picked up by ICE.”

This fear of deportation has also rippled across New York City's criminal courts, according to the report.

Brooklyn saw a 67% drop in calls to the Brooklyn District Attorney's office Immigrant Affairs Unit, which investigates fraud against immigrants, from 431 in 2016 to 142 in 2018, according to District Attorney Eric Gonzalez.

Manhattan Family Court saw a 100% drop in requests for U Visa certification, which protects undocumented immigrant victims of crimes, Staten Island saw an 83% drop and Queens saw a 72% drop.

Upon release of the report, the coalition called on the Office of Court Administration to prohibit court employees from assisting ICE agents and require ICE agents to obtain warrants before entering courthouses.

“ICE enforcement in and around courthouses is dramatically impacting the ability of survivors and witnesses to come forward, seek safety and protection," said Evangeline M. Chan, Director of Safe Horizon's Immigration Law Project.

“We cannot allow this to continue any longer. We must protect the integrity of our courts so that everyone, regardless of their immigration status, has access to justice.”