August 23, 2013
Mr. Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services Ms. Maria Odom, Ombudsman, U.S. Citizenship and Immigration Services Mr. Seth Grossman, Office of General Counsel, Department of Homeland Security cc: Lynn Rosenthal, White House Advisor on Violence Against Women
Felicia Escobar, Senior Policy Advisor, White House Domestic Policy Council
Laura Dawkins, USCIS, Chief, Regulatory Coordination Division, Office of Policy & Strategy
Maureen Dunn, USCIS, Division Chief, Office of Policy and Strategy Scott Whelan, USCIS, Adjudications Officer, Office of Policy and Strategy
Michelle Young, USCIS, Family Immigration &Victim Protection Division, Office of Policy & Strategy
Tracey Parsons, USCIS, Assistant Center Director, Vermont Service Center Karl Labor, USCIS, Section Chief
Colleen Renk Zengotitabengoa, USCIS, Associate Counsel, Office of Chief Counsel Dear Mr. Mayorkas, Ms. Odom, and Mr. Grossman:
The undersigned 135 groups that serve and advocate on behalf of survivors of domestic violence, sexual assault, dating violence, stalking, and human trafficking, write to voice our strong support for issuing work authorization for VAWA self-petitioners and T and U visa applicants while their applications are pending.
Immigrant survivors of domestic violence, sexual assault, human trafficking and other crimes are currently experiencing significant delays in the processing of their VAWA, U visa and T visa applications. For example, it now takes over a year for U.S. Citizenship and Immigration Services (USCIS) to adjudicate a VAWA self-petition.1 Such long waits for the adjudication of their cases, coupled with other debilitating constraints (a lack of access to work authorization or other financial supports, and lack of adequate access to public assistance, including public housing) can be devastating to survivors who face dire personal and economic hardship, and may possibly place them in the unconscionable position of having to remain in or return to violent homes, or to subject themselves to other abusive and exploitative situations as they struggle to survive.
A. Domestic Violence Context: VAWA and U Visas
Domestic violence is a leading cause of homelessness for women, as abusers are often the ones in control of financial resources.2 Immigrant women endure higher levels of violence than U.S. citizen women, and they are presented with many challenges accessing help due to cultural and
1 As of August 21, 2013, according to the processing times listed on the USCIS website for I-360 VAWA self-petitions at the Vermont Service Center, the Center is now processing petitions filed back on June 4, 2012 – meaning an 14-month wait for adjudication of the application. See https://egov.uscis.gov/cris/processTimesDisplayInit.do.
2 Futures without Violence. “The Facts on Housing and Violence,” available at:
linguistic barriers.3 Even when immigrant survivors are able to escape violent situations, their lack of employment authorization can jeopardize their ability to stay at domestic violence shelters or access other critical resources.
This issue is compounded for immigrant survivors who may not be eligible for financial supports or other resources to assist them. They often are economically dependent on abusers because they are ineligible for work authorization until their immigration applications are approved. The profound ripple effects of processing delays and the inability to achieve self-sufficiency or access social safety-net supports subject victims of crime to additional risks of violence, exploitation, and manipulation, including the loss of custody of their children.
In the summer of 2012, “Gisela’s” 4 husband strangled her and threatened her with a
knife in front of their two-year-old daughter and six-year-old son. This violent episode followed years of abuse. Gisela called the police, who arrested and jailed her husband. Gisela cooperated fully in the investigation and prosecution of the domestic violence crime against her. Gisela was completely financially dependent on her husband. Since her husband’s arrest, Gisela has lived in 4 shelters in less than a 1-year period because the shelters require her to work after a short grace period. Gisela applied for the U visa on November 28, 2012, but has not yet received work authorization because CIS has not yet adjudicated her application. Moving from shelter to shelter has magnified her already traumatized state. Gisela’s children also are unable to live in a stable, calm environment because they move so often to new shelters and schools.
B. Trafficking Context: T and U Visas
Advocates working with women who have escaped human trafficking often find their clients vulnerable to re-exploitation as they try to find a place to live and a way to survive while their applications are pending, and they have no work authorization that would enable them to be self-sufficient. It is particularly troubling that survivors of trafficking are thereby subjected to
continuing trauma and abuse in the workplace, rather than being able to access safe and legal employment, where their rights are respected and they can start to heal.
“Allison” 5 was tricked into coming to the United States when she was 16 years old. Her boyfriend told her that she would be working in a restaurant but instead she was forced into prostitution. Almost every day for six years, Allison was forced to engage in prostitution before she was finally able to escape. She connected with an attorney and her attorney filed a T visa application for Allison. Unfortunately, she had a very complex case, and Allison had to wait a very long time - years - before her T visa was approved. During that time, Allison took the only job she felt she could get, working in a café. She was paid very little (less than minimum wage) and she was regularly sexually harassed by her boss, having to endure persistent sexual comments and inappropriate touching. Allison felt trapped, and unable to complain or quit because she was afraid she would not find any other job so long as she did not have work authorization.
3Futures without Violence. “The Facts on Immigrant Women and Domestic Violence. “ Accessible at:
http://www.futureswithoutviolence.org/userfiles/file/Children_and_Families/Immigrant.pdf
4 Case contributed by the Immigration Center for Women and Children in California. Name changed for anonymity and safety.
Granting work authorization for pending VAWA, U and T visa applications would help survivors like “Gisela” and “Allison.” An expedited work authorization system would allow them to legally work, remain in one shelter or living situation for a longer period of time, and gradually re-build their lives destroyed by domestic violence, sexual assault, and trafficking. Timely work authorization is essential to helping immigrant survivors escape violence; the lack of timely work authorization is undermining the effectiveness of the remedies Congress created for immigrant survivors of violence.
On behalf of the courageous survivors of domestic violence, sexual assault, and human trafficking that our organizations serve, we urge you to issue work authorization documents to survivors with pending VAWA, U and T visa applications. Thank you for all the work you do on behalf of immigrant survivors; we hope you join with us in committing to removing this impediment to achieving safety and justice as a top priority.
Please do not hesitate to contact ASISTA Immigration Assistance for more information regarding these issues. You can reach Gail Pendleton at [email protected] or Cecelia Friedman Levin at
[email protected]. Sincerely,
National Signatories (23) Americans for Immigrant Justice
Asian Pacific Islander Institute on Domestic Violence ASISTA Immigration Assistance
Casa de Esperanza: National Latin@ Network for Healthy Families and Communities Center for Gender & Refugee Studies
Centro de los Derechos del Migrante, Inc. Equal Rights Advocates
Institute for Science and Human Values Jewish Women International
National Alliance to End Sexual Violence
National Asian Pacific American Women's Forum (NAPAWF) National Coalition Against Domestic Violence
National Domestic Violence Hotline and National Dating Abuse Helpline National Immigrant Justice Center
National Immigration Project of the National Lawyers Guild National Legal Aid and Defender Association (NLADA) National Network to End Domestic Violence
National Organization for Women
National Resource Center on Domestic Violence Tahirih Justice Center
Victim Rights Law Center Vital Voices Global Partnership Women of Color Network
State Signatories (112) Alabama
Hispanic Interest Coalition of Alabama
Alaska
Alaska Immigration Justice Project Law Offices of Lea McDermid Arizona
Arizona Coalition Against Domestic Violence Arkansas
Law Office of Mariana Collins-Romero California
California Partnership to End Domestic Violence Asian Pacific Islander Legal Outreach
Brent Peterson Law
Coalition to Abolish Slavery & Trafficking (CAST) Immigration Center for Women & Children (ICWC) Law Office of Anastacio Bolanos
Law Office of Helen Lawrence Law Office of Marcia I. Perez Law Office of Tanya Brannan
Legal Aid Society - Employment Law Center Legal Aid Society of San Mateo County Maitri
Rochelle A. Fortier Nwadibia, Law Office Connecticut
Connecticut Legal Services Inc. District of Columbia
DC Volunteer Lawyers Project Florida
Law Office of Roshani M. Gunewardene Georgia
Georgia Coalition Against Domestic Violence Idaho
Iowa
Latinas Unidas por un Nuevo Amanecer (LUNA) Nisaa Africa Women Project
Illinois
Justice for Our Neighbors - Northern Illinois Law Office of Carol A Waldman
Minsky McCormick & Hallagan PC Kansas
Kansas Coalition Against Sexual and Domestic Violence Advocates for Immigrant Rights & Reconciliation Washta'ge Peacemakers Men's Project
Kentucky
Kentucky Domestic Violence Association
Kentucky Coalition for Immigrant and Refugee Rights Office of the Immigrant Solidarity and Information Massachusetts
Catholic Charities-Archdiocese of Boston Jane Doe Inc.
Lutheran Social Services
Tri-City Community Action Program, Inc. Michigan
HAVEN Minnesota
Minnesota Coalition for Battered Women 360 Communities
AFSCME Council 5 Alexandra House, Inc. Anna Marie's Alliance Centro Campesino
Comunidades Latinas Unidas En Servicio (CLUES) Domestic Abuse Project
Immigrant Law Center of Minnesota
Interfaith Coalition on Immigration (ICOM, Mn) Jewish Community Action
Minneapolis Regional Labor Federation Minnesota AFL-CIO
Pillsbury United Communities
Someplace Safe-Parenting Time Center St. Stanislaus Church
UFCW Local 1189
Nebraska
Justice For Our Neighbors – NE St. Mary's Immigration Program Nevada
Nevada Network Against Domestic Violence JEGLAW LTD
New Jersey
Rutgers-Camden Immigrant Justice Clinic New Mexico
New Mexico Asian Family Center Reinhardt Law Firm PC
New York
African Services Committee CAMBA Legal Services CUNY School of Law Juan Neumann Center Portela Law Firm, P.C. Safe Horizon
Sanctuary for Families
Sex Workers Project at the Urban Justice Center Victim Resource Center of Finger Lakes, Inc. Violence Intervention Program
Worker Justice Center of New York North Carolina
Latin American Coalition Law Offices of Helen Jugovic North Carolina Justice Center Ohio
Ohio Domestic Violence Network
Abiola Akinwunmi Adesioye Law Firm, LLC Advocates for Basic Legal Equality
Oregon
Oregon Department of Human Services Pennsylvania
Hebrew Immigrant Aid Society Pennsylvania (HIAS PA) First Pittsburgh Chapter, National Organization for Women
South Carolina
South Carolina Victim Assistance Network Texas
American Gateways Artemis Justice Center
Human Rights Initiative of North Texas Immigrant Justice Alliance
Mosaic Family Services Refugio del Rio Grande Utah
JLJ Law Group
Peck Hadfield Baxter & Moore, LLC Perretta Law Office
Virginia
Virginia Chapter of the National Organization for Women Virginia Poverty Law Center
Vermont
Vermont Network Against Domestic and Sexual Violence Washington
Washington State Coalition Against Domestic Violence Crisis Support Network
Domestic Violence Services of Benton & Franklin Counties Ethnic Support Council
King County Sexual Assault Resource Center
Korean Women's Association, We Are Family Program Legal Voice
Lower Columbia Mental Health Center
New Hope Domestic Violence and Sexual Assault Services Safety Advocacy Growth Empowerment (SAGE)
Sammamish Consulting & Counseling Services Tacoma Community House
The Salvation Army Domestic Violence Programs, Seattle West Virginia
West Virginia Coalition Against Domestic Violence Wisconsin
