Helping end domestic violence and sexual assault through empowerment, advocacy, education, awareness and social change

The Facts on Immigrant Women and Domestic Violence

Like all women, immigrant women are at high risk for domestic violence, but due to their immigration status, they may face a more difficult time escaping abuse. Immigrant women often feel trapped in abusive relationships because of immigration laws, language barriers, social isolation, and lack of financial resources. Despite recent federal legislation that has opened new and safe routes to immigration status for some immigrant women who are victims of domestic violence, abuse is still a significant problem for immigrant women, as it is for all women in the United States.

• A recent study in New York City found that 51 percent of intimate partner homicide victims were Foreign-born while 45 percent were born in the United States.

• Forty-eight percent of Latinas in one study reported that their partner’s violence against them had increased since
they immigrated to the United States.

• A survey of immigrant Korean women found that 60 percent had been battered by their husbands.

• Married immigrant women experience higher levels of physical and sexual abuse than unmarried immigrant women, 59.5 percent compared to 49.8 percent, respectively.

• Abusers often use their partners’ immigration status as a tool of control. In such situations, it is common for a batterer to exert control over his partner’s immigration status in order to force her to remain in the relationship.

• Immigrant women often suffer higher rates of battering than U.S. citizens because they maycome from cultures that accept domestic violence or because they have less access to legal and social services than U.S. citizens, additionally, immigrant batterers and victims may believe that the penalties and protections of the U.S. legal system do not apply to them.

• Battered immigrant women who attempt to flee may not have access to bilingual shelters, financial assistance, or food. It is also unlikely that they will have the assistance of a certified interpreter in court, when reporting complaints to the police or a 911 operator, or even in acquiring information about their rights and the legal system.

Stereotypes and Myths

Battered immigrant women face many barriers to getting assistance. One barrier you can take responsibility for is to try to rid yourself of any assumptions you may have about immigrant women. Prevalent stereotypes include the ideas that all immigrants:

are undocumented
are poor
are people of color
are heterosexual
have many children
cannot survive economically if undocumented
do not want to or will not use the legal system
have an immigrant status which cannot change
come only from certain countries

Prevalent myths include the ideas that immigrants:

have no right to be here
came here for welfare benefits
are passive
are childlike
married just to get a green card
are so-called "mail order brides"
come from cultures where domestic violence is part of or is acceptable in their culture

Many people assume that battered immigrant women are only battered by other members of their immigrant community. Others assume that battered immigrant women are only battered in mixed-race relationships. Be conscious that a battered immigrant woman and her abuser may be from the same or different communities.

Reading this list of stereotypes and myths is a preliminary step. We encourage you to contact immigrant groups in your community and locate written resources to educate yourself further about immigration and immigrants.

Cultural Issues

While cultural differences must be considered when one looks at the problem of domestic violence in various ethnic communities, remember that violence in the family is not the norm in any culture.

Most individuals, men and women alike, find it hard to leave any relationship. They want to believe in the positive aspects of the relationship and to minimize the bad. This may be particularly true for immigrant and refugee battered women who are trying to survive with their families in a new country. The battered immigrant woman may be, not only a victim of a violent man, but also of a culture that sanctions inequality between women and men and pressures her to accept this inequality. For her to decide to leave her home, she often must challenge the strict codes of ethics of her family, her upbringing, and her culture.

There may be a common belief in many immigrant and refugee communities that the close-knit nature of the family prevents domestic violence from occurring and that the family is the only appropriate forum for dealing with such problems. Outside interference is not encouraged or accepted. Some communities may resist acknowledging that domestic violence exists, that remedies should be sought, or that women have the right to seek alternatives independent of their abusive partners.

Those who work with battered immigrant women should recognize the cultural conflicts facing their clients. For instance, the western cultural assumption that women should be independent and free to make individual choices leaves many immigrant women feeling ambivalent, bewildered, or immobilized. Acting on this assumption of individual independence may cut them off from family ties and community support, and leave them far more isolated and vulnerable than it would a non-immigrant.

Frequently, many assumptions are made about a battered immigrant women's culture. For example, claims may be made that, "in her culture, domestic violence is accepted as normal behavior" or "in her culture, women are passive." While domestic violence happens all over the world, it is not more a part of culture in any other country than it is a part of culture in the United States. Domestic violence is not based on ethnicity, and it should not be tolerated in any community or society.

Be aware of what a battered immigrant woman may have gone through to come to the United States, and what it may mean for her to escape the violence. If she leaves the relationship, she may need to leave the only community she knows in the United States.

There are no simple answers to these dilemmas, except that legal and social service providers should view immigrant women both as individuals and as members of a community with its own customs and pressures. Training in cultural competency will better equip those who work with immigrant women to deal effectively with these issues.

Battered immigrant women face many difficult barriers.

The obstacles they encounter can be attributed to a combination of language, culture, citizenship status, or lack of access to services.

In addition to the physical violence, a battered immigrant woman may experience:

ISOLATION: The abusing partner often keeps his victim isolated from family and friends - and from anyone who speaks her language. He also may not allow her to learn English.

THREATS: He may threaten to report her to the Immigration and Naturalization Service (INS) and get her deported. Or he may threaten to withdraw the petition to legalize her immigration status.

INTIMIDATION: He may hide or destroy important papers (such as her passport, identification card, Green card, health insurance card). He also may destroy the only property she has from her country of origin, including important mementos.

CITIZENSHIP OR RESIDENCY PRIVILEGE USED AGAINST HER: The abusive husband may fail to file papers to legalize her immigration status, or withdraw (or threaten to withdraw) papers that have been filed.

ECONOMIC ABUSE: He may report her to the INS if she works "under the table" -- or threaten to do so. He may not let her obtain job training or schooling so she can become financially independent.

EMOTIONAL ABUSE: The abusive spouse may lie about her immigration status. He may write lies about her to her family and friends. He may call her racist names.

CHILDREN USED: He may threaten to take her children away from the United States, or to report her children to the INS. Or he may threaten to hurt them.

LANGUAGE BARRIERS: When a battered immigrant woman tries to get assistance from an agency, she may not be able to use the help that is offered because it is not in her language and no one is available to translate.

CULTURAL ISSUES: Services may not address relevant cultural issues, so an agency may propose ideas that are not culturally appropriate or may not be able to offer her the right kind of assistance.

LACK OF ACCESS TO SERVICES: An agency may not understand the intricacies of immigration law and issues, and therefore be unable to help her solve her problems. Immigration agencies or attorneys may not recognize the signs of domestic violence, or necessarily know how to help.

Power and Control Tactics Used Against Immigrant Women

The following describes some of the ways in which immigrant women are abused, although the experiences of individual victims will vary from case to case.EMOTIONAL ABUSE:

Lying about her immigration status.
Telling her family lies about her.
Calling her racist names.
Belittling and embarrassing her in front of family and friends.
Causing her to lose face.
Telling her that he has abandoned her culture and become "white," or "American."
Preventing her from visiting sick or dying relatives.
Lying about his ability to have the immigration status of his lawful permanent resident abuse victims changed.

ECONOMIC ABUSE:

Forcing her to work "illegally" when she does not have a work permit.
Threatening to report her to INS if she works "under the table."
Not letting her get job training or schooling.
Taking the money her family back home were depending upon her to send them.
Forcing her to sign papers in English that she does not understand-court papers, IRS forms, immigration papers.
Harassing her at the only job she can work at legally in the U.S., so that she loses that job and is forced to work "illegally."

SEXUAL ABUSE:

Calling her a prostitute or a "mail order bride."
Accusing her of trying to attract other men when she puts on make-up to go to work.
Accusing her of sleeping with other men.
Alleging that she has a history of prostitution on legal papers.
Telling her that "as a matter of law" in the United States that she must continue to have sex with him whenever he wants until they are divorced.

USING COERCION AND THREATS:

Threatening to report her to the INS and get her deported.
Threatening that he will not file immigration papers to legalize her immigration status.
Threatening to withdraw the petition he filed to legalize her immigration status.
Telling her that he will harm someone in her family.
Telling her that he will have someone harm her family members
Threatening to harm or harass her employer or co-workers.

USING CHILDREN:

Threatening to remove her children from the United States.
Threatening to report her children to the INS.
Taking the money she was to send to support her children in her home country.
Telling her he will have her deported and he will keep the children with him in the U.S.
Convincing her that if she seeks help from the courts or the police the U.S. legal system will give him custody of the children. (In many countries men are given legal control over the children and he convinces her that the same thing will occur here.)

USING CITIZENSHIP OR RESIDENCY PRIVILEGE:

Failing to file papers to legalize her immigration status.
Withdrawing or threatening to withdraw immigration papers filed for her residency.
Controlling her ability to work.
Using the fact of her undocumented immigration status to keep her from reporting abuse or leaving with the children.
Telling her that the police will arrest her for being undocumented if she calls the police for help because of the abuse.

INTIMIDATION:

Hiding or destroying important papers (her passport, her children's passports, ID cards, health care cards, etc.)
Destroying the only property that she brought with her from her home country.
Destroying photographs of her family members.
Threatening persons who serve as a source of support for her.
Threatening to do or say something that will shame her family or cause them to lose face.
Threatening to divulge family secrets.

ISOLATION:

Isolating her from friends, or family members.
Isolating her from persons who speak her language.
Not allowing her to learn English or not allowing her to communicate in a language she is fluent in.
Being the only person through whom she can communicat in English.
Reading her mail and not allowing her to use the telephone.
Strictly timing all her grocery trips and other travel times.
Not allowing her to continue to meet with social workers and other support persons.
Cutting off her subscriptions to or destroying newspapers and other support magazines.
Not allowing her to meet with people who speak her language or who are from her community, culture, or country.

MINIMIZING, DENYING, BLAMING:

Convincing her that his violent actions are not criminal unless they occur in public.
Telling her that he is allowed to physically punish her because he is the "man."
Blaming her for the breakup of the family, if she leaves him because of the violence.
Telling her that she is responsible for the violence because she did not do as he wished.

Questions & Answers for Immigrant and Refugee Women

You have a right to be free from violence in your own home

The Family Violence Prevention Fund has made this helpful brochure available in English, Spanish, Arabic, Chinese, Tagalog, Vietnamese, Russian, and Korean.

What is "domestic violence"?

Is your partner (husband, boyfriend, or "ex") extremely jealous and does he discourage you from speaking to friends or family? Does he prevent you from getting a job or learning English? Has your partner ever threatened to take away your children? Has he told you that he will have you deported?

Have you ever been hit by your partner? Has he forced you to have sex when you did not want to? Has he ever threatened to harm you with weapons like guns, knives or other objects?

Does your partner claim that his violence is your fault? Has he ever told you his violence is not serious? Does he blame drugs or alcohol for his violent behavior? Does he make you feel like you are crazy? Does he call you names that are hurtful and shameful to you?

If you answered yes to any of these questions, you are not alone. Many other women like you are in the same situation. Your partner's behavior is not your fault. Help is available to you.

Domestic violence tends to get worse over time. It does not go away on its own. We will outline some things you can do to protect yourself and your children from continuing violence.

We will refer to the abuser as "he." Some women are abused by other women, and some men are abused by women. While not all the legal remedies will apply to lesbian relationships, we will still provide some basic information about things you can do to make yourself safe. We will use the term "partner" to refer to a husband, boyfriend, or "ex" who may be abusing you.

What can I do?

There are a variety of services available to assist you to stop the violence in your home: shelters, hospitals, police, legal aid and other community services.

Should I leave my home if I am in danger?

YES. Go to a friend's house or a battered women's shelter. Shelters are usually free and often will have information about other services available in your community. If you stay with a friend or a family member, keep your location secret if possible. You have the right to keep your immigration status private.

If you leave your home, make every effort to take your children with you. It is also helpful if you can bring documents, such as:

driver's license
identification
passports
visas for yourself and your children
birth certificates
documents from any public assistance programs
rental agreements
checkbooks
credit cards
paycheck stubs
marriage license
copies of tax returns for yourself and your partner.

Information about your husband also can be helpful. If you cannot get a copy of his resident alien card or certificate of naturalization, copy down the information from those documents on a piece of paper. If you think you may need to leave in the future, pack these items in a bag so you can find them quickly as you leave or take them to a friend's home.

Should I call the police?

YES. Domestic violence is against the law. The police can escort you and your children out of the house if you want to leave and often can take you to a safe place. Officers may arrest your partner if they believe a crime has been committed. If the police officer does not speak your language, find someone other than your child or abuser to interpret for you.

Always ask the police to complete a report about the incident and get an incident report number so you can get a copy of the report. Also ask for and write down the name and badge number of the officer making the report. The police generally will not turn in a woman reporting domestic violence to the Immigration and Naturalization Service (INS).

If your partner is taken into custody, he may be released in as soon as two hours. Use this time to find a safe place to go.

I have heard of protection orders. What do they do?

A protection order can keep the abuser from coming near you, attacking, sexually assaulting or contacting you, your children, or other family members.

Along with this protection order, in most states you also can ask for custody of your children and child support. In most states, you also can ask that the batterer be removed from your home and that the batterer not interfere with your immigration status.

You do not need to be a citizen or legal resident to get a protection order. For a protection order to be effective, you must be willing to call the police to enforce the order.

Can I get protection even if I am not a U.S. citizen?

YES. You do not need to be a citizen or legal permanent resident to get a protection order. A lawyer may be helpful, but it is not necessary to have one in order to get a protection order.

Applications are generally available at courthouses, women's shelters, legal services offices, and some police stations. A court generally will not ask about your immigration status when you ask for a protection order, a child custody order, or a dissolution. Ask a legal services attorney (i.e., attorneys who provide free legal services to low-income individuals) or an immigrant advocacy group in your area about the policy in your court.

How can I get lawful permanent residency without my husband's help?

A law passed by the U.S. government called the Violence Against Women Act (VAWA) creates two ways for women who are married to U.S. citizens or lawful permanent residents to get their residency.

The first is called "self-petitioning." Instead of depending upon your husband to apply for your residency with INS, you can apply on your own for yourself and your children. Your husband plays no role in the process and does not have to know you are applying for residency.

However, because the law is complicated, you should not go to the INS without first consulting a shelter worker, immigration attorney, or a domestic violence or immigration agency for assistance.

The second way to obtain residency is called "cancellation of removal." This is available to you only if you are in, or can be placed into, deportation proceedings. If you qualify for cancellation, the court may waive your deportation and grant you residency. However, because you must be in deportation proceedings before you can apply, be certain to see an immigration attorney before proceeding.

If you don't seem to qualify under VAWA, don't despair. There may be other ways you could get immigration status, such as a new visa Congress has created for crime victims. The best thing to do is to discuss your situation with an immigration or domestic violence advocate (Do Not Call INS.).

My husband is threatening to take my children away if I leave him. What can I do?

If your partner is threatening to take your children away or take them to his home country, you should:

Immediately get a custody order. This order can include an order to prohibit your husband/intimate partner from removing the children from the country in which you live.
If the children are U.S. citizens, send a copy of this order to the embassy of your partner's home country and a copy to the U.S. Department of State to prevent the issuance of passports and visas for the children.
Give a copy of the order to the children's schools and tell the schools not to release the children to anyone but yourself.
Make sure that you have recent photos, passports and birth certificates for the children. Keep a list of addresses and phone numbers of your husband's/intimate partner's friends and relatives in his home country.

How can I support myself and my children if I leave my husband?

The law requires that the father of your children support them, even if you are living apart, even if you were never married to him, and without regard to immigration status. You should contact a family lawyer or a domestic violence advocate to find out how to obtain child support in your state. Some married women also may be eligible to receive spousal support or alimony.

Lawful permanent residents may use their "green cards" or resident alien cards to demonstrate their eligibility to work. Refugees and other immigrants must apply for authorization to work. An immigration attorney will be able to tell you whether you are eligible for work authorization. It is very important that you do not use false papers to work or make false claims of United States citizenship.

I am a legal permanent resident. Am I eligible to receive welfare and Medicaid?

Some legal permanent residents are eligible for Food Stamps, although most legal permanent residents are not. Eligibility for Medicaid, Temporary Aid to Needy Families, and general assistance by legal permanent residents varies from state to state. You should consult an immigration or domestic violence advocate in your area.

I am a refugee. Can I receive welfare and Medicaid?

In the first five years after they arrive in the United States, refugees are eligible for Food Stamps, Temporary Aid to Needy Families, Medicaid, and other public benefit programs to the same extent as U.S. citizens.

Most refugees who have been in the United States for five years or more will no longer be eligible for Food Stamps. Eligibility for Medicaid, Temporary Aid to Needy Families, and general assistance by refugees who have been in the United States for five years or more varies from state to state. You should consult an immigration or domestic violence advocate in your area.

I am undocumented. Can I receive welfare and Medicaid?

If you are a battered undocumented woman whose husband has applied for legal permanent residency on your behalf, or if you have applied for legal permanent residency under the Violence Against Women Act, you are eligible for the same benefits as a legal permanent resident.

If you are not eligible to apply for legal permanent residency, you will be ineligible for most forms of welfare. However, you are still eligible for emergency Medicaid. Contact an immigration or domestic violence advocate to help you find "safe" hospitals that will not report your undocumented status. You also are eligible for services from community groups, such as food distribution by churches, and assistance from domestic violence shelters.

Are my U.S. citizen children eligible for public benefits and Medicaid?

YES. Even if you are undocumented, your U.S. citizen children are eligible for public benefits just as other citizen children are. However, if you are undocumented, DO NOT reveal your immigration status when applying for benefits on behalf of your children, even if you are asked. The welfare office does not need to know what your status is in order to give benefits to your citizen children.

Will I be deported if I take any of the above actions?

If you are now a U.S. citizen, or you are a lawful permanent resident, or you possess a valid visa, you cannot be deported unless you entered the United States on fraudulent documents, violated conditions of your visa, or have committed certain crimes.

If you are undocumented or are unsure about your immigration status, you should seek the assistance of an immigration attorney to see if you can legalize your status. Until then, you should do what you need to do to make yourself safe.

Even if your husband/intimate partner were to report you to the INS, deportation may not follow, would not be immediate, and, in most cases, you would have the opportunity to present your case to a judge.

Will my husband/intimate partner be deported if I take action?

NO. If you seek assistance from a shelter or lawyer, it is extremely unlikely to result in the deportation of your partner.
If you contact the police and your partner is convicted of a crime, he may be deported, depending on his immigration status and the seriousness of the crime.

It is important to remember that you must keep yourself and your children safe. It is your partner that has put himself at risk by his actions.

Do I need to see an immigration attorney even if I cannot afford one?

Do not go to the INS without a lawyer or consulting with a lawyer. Your conversation with the attorney will be confidential, and he or she cannot report you to the INS. If you cannot afford to pay an attorney, contact the nearest legal services office or an immigration organization.

Human Trafficking: A Hidden Shame

Human trafficking is modern-day slavery involving people being bought, sold, and forced into slave labor and/or sexual exploitation. The United Nations recently reported that four million people are traded each year against their will to work in servitude in their own country or around the globe. Many are trafficked into the United States. It’s estimated that eighty percent of trafficking victims are women and girls. Such heinous crime must stop!

Much, much more visibility, education, outreach, collaboration, and funding are needed if we are to end human trafficking.

To help stop human trafficking you can:

Educate yourself
Tell your friends and family.
Contact your elected representatives – they need to hear from you.
Support anti-trafficking organizations.
Report a suspected case of trafficking.

To seek assistance for a trafficking victim, call the Department of Health and Human Services Human Trafficking Hotline at 1-888-373-7888 or the National Domestic Violence Hotline at 1-800-799-SAFE (help available in numerous languages).

For more information visit End Abuse/Immigrant Women

Skagit DV&SAS 24-HOUR HOTLINE	WA STATE HOTLINE	NATIONAL HOTLINE
1-800-726-6010	1-800-562-6025	1-800-799-SAFE