The Violence Against Women by Illegal Aliens Act Will Harm Survivors of Domestic Violence

Yesterday, the House voted to pass H.R. 30, the “Violence Against Women by Illegal Aliens Act.” Although framed in the language of protecting women, the law, if enacted, would make it harder for immigrant victims of domestic violence to safely leave abusive situations. It would even make some victims, including those who are falsely accused of violence by their abusers, vulnerable to deportation.

Immigrant survivors of domestic violence already face substantial barriers leaving abusive situations. The fear of immigration enforcement is a powerful tool that abusers wield against their victims to prevent them from leaving or reporting abuse. Survivors of domestic violence are vulnerable to arrest and prosecution as perpetrators, either due to false accusations by their abusers or when they act in self-defense. They also can face prosecution for “failing to protect” their children from witnessing the abuse they experience—in effect punishing victims for being abused.

“The Women’s Refugee Commission has grave concerns about the impact this legislation would have on survivors’ ability to seek safety from abuse.” said Zain Lakhani, director of WRC’s Migrant Rights and Justice Program. “Its provisions are especially concerning in light of the Trump administration’s stated plans to rescind the U.S. Immigration and Customs Enforcement’s (ICE) Protected Areas (or Sensitive Zones) policy, which will allow ICE to enter locations like hospitals and domestic violence shelters to detain and deport migrants. Taken together, these and other policies force immigrant survivors into impossible choices between their immediate safety and arrest and deportation. They also hand a powerful tool for coercion back to abusers.”

Immigrant survivors need solutions that protect and support them, rather than legislation that worsens the problem it seeks to solve. WRC encourages members of Congress to support the WISE Act, which strengthens protections for survivors by expanding their access to immigration relief and the supportive services they need to rebuild their lives. Congress can also take vital action to protect immigrant survivors of domestic violence by protecting and expanding access to U visas (for victims of violent crime) and T visas (for victims of human trafficking) and passing legislation to protect sensitive zones. We must advance policies that keep everyone in our communities safe and provide real options and support for women.

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