As the Trump administration ramps up enforcement against immigrants, one already vulnerable group — domestic violence victims — is facing new challenges accessing support services and legal help, local advocates say.
Some survivors are now afraid to show up in court to testify against an abuser. Others are avoiding support groups, local advocates say. The administration has also rolled back immigration enforcement protection for “sensitive zones,” including women’s shelters, which could lead survivors to stay away.
This comes on top of language barriers, cultural stigma and lack of family support that already make immigrant women vulnerable in domestic violence situations, local attorneys say.
“Being a victim of domestic violence or a survivor — anybody feels isolated, not sure what to do, conflicted because they may love the partner,” said Lenore Millibergity, senior attorney at the Immigrant Law Center of Minnesota. “But with an immigrant, there’s just that extra added layer of vulnerability.”
Schools, churches and courthouses were considered sensitive areas protected from immigration enforcement three months ago, she said. But Trump rescinded that order on his first day in office.
Since the start of his second presidential administration, more clients are expressing concern about the risk of showing up in court, said Sonya Tecker, legal services manager at Tubman, a Minneapolis-based advocacy and social services organization.
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Comfort Dondo said she lived through several years of domestic violence before founding her nonprofit to help other African women dealing with similar issues. Her Twin Cities nonprofit, Phumulani, provides therapy circles and other services for domestic violence survivors.
She said that she’s noticed a drop in attendance at therapy groups. Some survivors who have temporary legal status have expressed concern about going to church, she added.
“A lot of the survivors we serve, they’re really not showing up,” she said. “For us, the solution to that is educate, educate, educate, so people know their rights and what’s going on.”
The fear of deportation is a key reason why immigrant victims of domestic violence are less likely to seek help or report abuse, local attorneys say.
Oftentimes, an abusive partner will threaten to call ICE on the other partner to report their undocumented status or fraud on a marriage visa, said Andy Low, staff attorney at StandPoint, a St. Paul legal advocacy group focused on domestic violence cases.
“Since most people don’t really know the details of immigration law, that [threat] can be an effective abusive tool,” he said.
He pointed out that abusers cannot authorize deportation and they have no control over how the federal government operates.
“If they tell us a spouse, ‘I am going to get you deported’ — really, the only thing they control is whether they call ICE,” he said. “They [abusers] do not decide if an immigration application is received or not.”
Millibergity said federal law prohibits immigration officials from using information provided solely by abusers or their family members to determine deportation or admission in the United States.
Other common tactics that local attorneys say they’ve seen abusers use against their partner is hiding important immigration documents such as a passport, or forcing them to work without proper authorization.
Low said he’s seen many immigrant victims of domestic violence be admitted to the United States through a K-1 visa, also known as a fiancé(e) visa, to marry a U.S. citizen.
After the couple is married, the partner will then apply for an adjustment of status to be a green card holder, allowing them to work and live permanently in the states.
“There are laws in place to allow them to break away from that relationship and submit a different immigration application to allow them to continue and still likely get a green card or some form of legal status,” Low said.
Anybody who entered on a K-1 visa but didn’t end up getting married to the U.S. citizen may be considered undocumented and they can apply for other legal options if eligible, he added.
Other visas include:
- Green card for Violence Against Women Act: The abuser has to be a U.S. citizen or permanent resident spouse, parent or adult child. If approved, the petitioner receives work authorization, protection from deportation and the ability to apply for permanent status.
- U visa: Up to four years of temporary nonimmigrant status for victims of domestic violence and serious crimes. Law enforcement has to certify that the petitioner helped with an investigation or the prosecution of that crime. This visa grants work authorization and the ability to apply for permanent status.
- T visa: Up to four years of temporary nonimmigrant status for victims of trafficking. Abusers often make threats against a victim forcing them to perform labor. If approved, the petitioner receives federal social services, work authorization and the ability to apply for permanent status.
Some groups serving domestic violence victims provide a legal advocate to help them navigate the court system. The advocates attend court hearings with victims, draft and submit orders of protection, and answer questions about the legal process, Tecker said.
Some service providers say they’re preparing for federal funding cuts.
Pamela Zeller, executive director of Women’s Initiative of Self Empowerment, said she expects to scale back some of the nonprofit’s programs if cuts occur later this year. WISE is a St. Paul-based advocacy, education and resource organization for immigrant and refugee women.
“We also do gender-based violence work and all of that is being targeted at the federal level,” she said. “We have to be intentional in the decisions we make, but no, we’re not making decisions out of fear, and we also are not buying into those kinds of abusive tactics.”
