Due to recent changes in immigration laws and the expiration of a provision that permitted immigrants to stay in the United States while awaiting their green cards, abusive citizens and permanent residents have once again gained control over their spouse's immigration status.  As a result, battered women who leave abusive relationships lose access to lawful immigration status and are forced to leave the United States in order to obtain lawful permanent residence.  

"Domestic abuse does not discriminate.  It is in every neighborhood and community throughout our nation.  Sadly though, immigrant women and their children who suffer every day at the hands of abusers face one more threat – deportation.  They are held hostage by their abusers," Schakowsky said.

The Battered Immigrant Women Protection Act of 1999 would restore and expand provisions in current law.  The bill would allow battered women, who are entitled to permanent residency, to file their own application for immigrant status and to remain in the United States while awaiting their green cards without requiring the cooperation of the abusive spouse.  The bill would also expand legal protections for battered immigrant women so that they may flee violent homes, obtain court protections, and cooperate in the criminal prosecution of their abusers without fear of deportation.

"Congress must act now to end the injustice, solve this problem, and help these women and their children.  It is un-American and downright shameful to stand idly by as battered women and their children are forced to choose between a black eye and broken arm or a one-way ticket out of the country," Schakowsky added.

The Battered Immigrant Women Protection Act of 1999 would provide battered women with greater access to benefits, work authorization, housing, and legal services programs.  In addition, the bill would make Violence Against Women Act (VAWA) funds available to train immigration judges and officers and others about the issues facing battered immigrants.

Furthermore, the bill would allow women who are victims of violent crimes, such as rape, torture, incest, battery, sexual assault, female genital mutilation, and forced prostitution, to remain temporarily in the United States. These women would then be able to apply for lawful permanent residency at a later date.  Giving these victims this opportunity to remain in the United States is an important step in the efforts of law enforcement to protect the victims and prosecute and investigate cases of domestic abuse and trafficking of aliens.

"These women are prepared to take charge of their lives, but they are being held back.  This bill provides them with the necessary legal tools to move away from their abusers and the support to build long-lasting economic self sufficiency," Schakowsky said.

The primary cosponsors of the bill are Representatives Connie Morella (R-MD) and Sheila Jackson-Lee (D-TX), ranking member on the Immigration and Claims Judiciary Subcommittee.  The legislation is supported by national and state organizations, including NOW Legal Defense and Education Fund, National Immigration Law Center, Ayuda, Illinois Center for Violence Prevention, Illinois Coalition for Immigrant and Refugee Rights, and Chicago Metropolitan Battered Women's Network.
 

Allows for adjustment of status for VAWA self-petitioners. Under current immigration laws, abused immigrants are forced to leave the U.S. to obtain their lawful permanent residence.  Traveling outside the U.S. deprives these women of the protection provided by courts, legislation, custody decrees, and law enforcement. This bill allows women to safely obtain permanent immigration status in the U.S.

Example: Marie is originally from Haiti.  She married a permanent resident when she came to the U.S.   He burnt her with cigarettes, hit her, and threw objects at her throughout their marriage.  She filed a protection order against him ensuring her safety within U.S. borders.  Marie is in the final stages of obtaining her green card.  She must travel back to Haiti to complete the filing process.  She fears that her husband will follow her to Haiti and she will not have the safety of her protection order or receive the same police protection as in the U.S.

Prevents changes in abuser's status from undermining victim's petitions. Under current immigration laws, abusers who are convicted of domestic violence crimes may be deported from the U.S.  One unintended effect is that the battered immigrant loses her access to permanent immigration status once her abusive spouse is deported for a crime of domestic violence.  This situation creates a perverse incentive for the battered immigrant to tolerate the abuse rather than report it. This bill allows the battered immigrant to access permanent immigration status and to fully cooperate with the criminal prosecution of her abuser even if her abuser is deported. 

Example: Marta was stabbed by her permanent resident spouse.  He was arrested.  Marta would like to cooperate in the criminal prosecution of her spouse, but is afraid since her immigration status is dependent on her husband's. He is subsequently convicted of a crime of domestic violence.  INS is now initiating deportation proceedings against her spouse.  Marta loses any opportunity to obtain permanent immigration status once he is deported.

Removes Barriers that Bar Access to Permanent Immigration Status.  Under current immigration laws, a battered immigrant must prove that her deportation from the U.S. will cause extreme hardship to herself or her children.  This extreme hardship requirement is a high evidentiary standard that many battered immigrants are unable to meet.  As a result, their applications for immigration status are denied.  Abused immigrants already have to prove that they are battered or subjected to extreme cruelty, that they married in good faith, and that they are persons of good moral character.  No such similar requirement is found in traditional immigration petitions for family members.  This bill removes the extreme hardship requirement for immigrant victims of domestic violence.

Example: Toni, a student from England, married a U.S. citizen who was her classmate.  After a few years, her spouse became physically and verbally abusive.  He isolated her by not allowing her to work or make friends.  Toni, however, has difficulty proving that she will suffer extreme hardship if she is deported.

Provides Permanent Immigration Status for Abused Sons and Daughters.  Under current immigration laws, only spouses or minor children of U.S. citizens or residents have access to permanent immigration status.  Abused sons or daughters over 21 years old have no access to permanent immigration status even though they have suffered years of domestic or sexual abuse perpetrated by their citizen or resident parent.  This bill contains provisions that extend immigration relief to individuals over 21 that can demonstrate that battery or extreme cruelty had occurred during their childhood prior to turning 21 years old.

Example: Sandra is the 22-year-old daughter of a U.S. citizen.  At 10 years old, she came with her mother when her mother married the U.S. citizen.  She was sexually abused for 8 years by her mother's husband.  This abuser has never filed immigration status for Sandra.  Under current laws, Sandra has no access to legal immigration relief.

Extends Access to Permanent Immigration Status to Divorced Victims. Savvy abusers often sprint to the courthouse for a quick divorce because they know this will cut off access to immigration relief, since only married immigrants can file an application.  This bill allows battered immigrants who are divorced from their abusers to file their applications for immigration status within 2 years of the divorce, death or loss of citizenship of the abuser.

Example: Mona, who is from Poland, married a U.S. citizen.  She was severely abused during the first year of her marriage.  She fled to a shelter and immediately her spouse sought a divorce to effectively cut her off from any permanent immigration status.  Mona will not have access to permanent immigration status if she had not submitted her application prior to the final divorce.

Allows VAWA applicants access to food stamps, SSI, housing, work permits, and immigration relief.  This section addresses gaps, errors and oversights in current legislation that impede battered immigrant women's ability to flee violent relationships and survive economically.  This bill ensures that battered immigrants with pending immigration applications are able to access public benefits, Food Stamps, SSI, housing, work permits, and immigration relief.

Protects Certain Crime Victims Including Crimes Against Women. Allows women who are victims of violent crimes, such as rape, torture, incest, battery, sexual assault, female genital mutilation, and forced prostitution, to remain temporarily in the United States. These women would then be able to apply for lawful permanent residency at a later date.  Giving these victims this opportunity to remain in the United States is an important step in the efforts of law enforcement to protect the victims and prosecute and investigate cases of domestic abuse and trafficking of aliens.