January 13, 2025
Honorable Members of the House,
The undersigned groups that serve and advocate on behalf of victims of domestic violence, sexual assault, dating violence, stalking, and human trafficking, write to voice our opposition to HR 30.
We oppose this legislation as it would expand the circumstances under which domestic violence, child abuse and neglect, stalking, and sex offenses would constitute grounds of inadmissibility, as well as expand the definition of domestic violence to be considered for inadmissibility or deportability grounds. These measures would negatively impact immigrant survivors of domestic and sexual violence, and fail to alleviate the primary barriers to safety and stability experienced by survivors seeking relief under the Immigration and Nationality Act.
We are especially troubled that this legislation fails to include waivers that take into account the needs of the victim or their family, and that it will limit the discretion that judges can exercise where the equities warrant, including situations where survivors who are inadvertently caught up in the criminal legal system will be harmed.
Unfortunately, immigrant victims are particularly vulnerable to being arrested and prosecuted for domestic violence if they acted in self-defense or are accused by an abuser of being a primary aggressor. A well-known tactic of abusers to maintain power and control over their victims is to report (and threaten to report) their partner to authorities, including local law enforcement, child protective services, ICE, and others–falsely claiming that their partner (the victim of their violence) is the one who is violent, neglectful, etc. These false reports (and the threats of them) are too often highly effective at keeping victims trapped in violent relationships.
Moreover, we know that parents of color are disproportionately accused of child abuse offenses, including abandonment and neglect. Domestic violence survivors are not infrequently charged with child neglect for having “failed to protect” their children from witnessing or exposure to an adult’s violence committed against the non-abusive parent, resulting in doubly penalizing the survivor and the children for violence committed by someone else. This legislation creates grounds of inadmissibility for these offenses without requiring a conviction, in circumstances where an individual admits that they committed acts that would constitute a crime.
Language and cultural barriers, fear of the abuser and the authorities, confusion, intimidation, a lack of awareness of rights, and a lack of access to advocates and other resources, all may prevent an immigrant victim from being able to communicate what really happened. Once in custody and/or facing trial, and desperate to be released and reunited with their children, these same factors – combined with poor legal counsel, particularly about the immigration consequences of criminal pleas and convictions – could lead to ineligibility for status, or the deportation of wrongly accused victims who may have pled to or been unfairly convicted of domestic violence charges.
The legislation’s expansion of the definition of domestic violence, which was expressly included in the Violence Against Women Act to allow for the provision of a greater array of victim services, to include circumstances that may not involve violence, physical force, or threats of such is also likely to sweep more survivors into the scope of the ground of inadmissibility or deportability. This will result in more victims being deported and/or bar them from obtaining lawful status. In so doing, it invites additional scrutiny of survivors during the course of their efforts to obtain immigration protections and safety from violence.
Furthermore, expanding the grounds of inadmissibility or ineligibility for status with no waivers would increase the risk that victims will decline to seek assistance from law enforcement or services if they fear that it will result in a family member being barred from legal status. When creating penalties, balance is key. Deterrence is critically important but will be ineffective if consequences are so severe that survivors will not come forward.
Although we are grateful for the efforts of lawmakers to seek to address the impact of domestic violence, sexual assault, dating violence, and stalking, we believe the best way to do so is by expanding accessibility of survivor-based immigration relief and related benefits to noncitizen survivors, and by eliminating the cap on visas available to petitioners for U and T nonimmigrant visas and the number of cases eligible for final adjudications of VAWA Cancellation of Removal. Rather than rushing to enact additional immigration penalties that could cause harm to survivors, we urge Congressional representatives to consult with service providers and survivors themselves to develop legislation that is responsive to their experiences and needs.
As a diverse coalition of organizations serving and advocating on behalf of victims of domestic violence, sexual assault, dating violence, and stalking, we thank you for paying vigilant attention to how this bill, by expanding the ways in which domestic violence arrests can prevent people from accessing or maintaining legal status, can ultimately have devastating consequences for immigrant victims of domestic violence.
Please do not hesitate to contact Cristina Velez from ASISTA at cristina@asistahelp.org or Irena Sullivan from the Tahirih Justice Center at IrenaS@tahirih.org for further information regarding these or related concerns.
Sincerely,
National Organizations
Asian Pacific Institute on Gender-Based Violence
ASISTA Immigration Assistance
Esperanza United
Tahirih Justice Center
AF3IRM
American Friends Service Committee (AFSC)
American Muslim Health Professionals
Autistic Self Advocacy
Black Women’s Blueprint
BWJP
Caminar Latino- Latinos United for Peace and Equity
Center for Constitutional Rights
Center for Gender & Refugee Studies
Center for Popular Democracy
Coalition on Human Needs
Coalition of Labor Union Women, AFL-CIO
Congregation of Our Lady of Charity of the Good Shepherd, U.S. Provinces
Freedom Network USA
Futures Without Violence
Gender-Based Violence Consulting
Human Trafficking Legal Center
IAmProSe
Immigrant Legal Resource Center
Japanese American Citizens League
Jewish Women International
Joyful Heart Foundation
Just Solutions
Justice and Joy National Collaborative (formerly National Crittenton)
Justice for Migrant Women
Legal Momentum
Lovelace Consulting
Mujeres Latinas en Accion
National Advocacy Center of the Sisters of the Good Shepherd
National Alliance to End Sexual Violence
National Association of Social Workers
National Center on Domestic Violence, Trauma, and Mental Health
National Council of Jewish Women
National Employment Law Project
National Indigenous Women's Resource Center
National LGBTQ Institute on Intimate Partner Violence
National Network to End Domestic Violence
National Resource Center on Domestic Violence
National Survivor Network
National Women's Law Center
Planned Parenthood Federation of America
Public Advocacy for Kids (PAK)
Reframe Health and Justice
Refugees International
Respect Together
Safe Havens Interfaith Partnership Against Domestic Violence and Elder Abuse
SAGE Empowerment
Sahiyo U.S.
Sisters of Mercy of the Americas Justice Team
South Asian SOAR
The National Domestic Violence Hotline
UltraViolet Action
VALOR
Youth First Justice Collaborative
YWCA USA
State, Territorial, and Local
Alabama
AshaKiran
Arizona
Arizona Coalition to End Sexual and Domestic Violence
William E. Morris Institute for Justice
Arkansas
Arkansas Coalition Against Sexual Assault
California
California Partnership to End Domestic Violence
Coalition to Abolish Slavery and Trafficking
Asian Law Alliance
Community Solutions
Empower Yolo
Haus of a Stranger
Healthy Alternatives to Violent Environments
Immigration Center for Women and Children
Justice At Last
Los Angeles LGBT Center
Maitri
North Coast Rape Crisis Team
Peace Over Violence
Project Sister Family Services
Rape Counseling Services of Fresno
Reach the Valley (REACH)
Verity
Wild Iris Family Counseling and Crisis Center
YWCA Golden Gate Silicon Valley
Colorado
Colorado Coalition Against Sexual Assault
Violence Free Colorado
American Friends Service Committee, Colorado
Compañeros: Four Corners Immigrant Resource Center
Colorado Immigrant Rights Coalition
El Corazón LLC
Swan Counseling Services
Denver Justice and Peace Committee
Connecticut
Connecticut Coalition Against Domestic Violence
Delaware
Delaware Coalition Against Domestic Violence (DCADV)
District of Columbia
DC Coalition Against Domestic Violence
Asian Pacific American Legal Resource Center
The Person Center
Florida
Florida Legal Services, Inc.
Georgia
Clayton County Association Against Family Violence, Inc.
Columbus Alliance for Battered Women, Inc. d/b/a Hope Harbour
Georgia Coalition Against Domestic Violence
International Women's House
Northwest Georgia Family Crisis Center, Inc.
Raksha, Inc.
Hawaii
Domestic Violence Action Center
Maui Economic Opportunity, Inc.
Illinois
Illinois Coalition Against Domestic Violence
Illinois Coalition Against Sexual Assault
Illinois Accountability Initiative
Illinois Alliance for Reentry and Justice
Arab American Family Services
Legal Aid Society of Metropolitan Family Services
The Porchlight Collective SAP
Indiana
Indiana Coalition Against Domestic Violence, Inc.
Indiana Coalition to End Sexual Assault and Human Trafficking (ICESAHT)
Family Service Association
ASSIST Indiana, Inc.
The Caring Place
Sheltering Wings
The Center for Women and Families, Inc.
The Stepping Stone Shelter
Iowa
Iowa Coalition Against Domestic Violence
EMBARC Iowa
Kansas
Kansas Coalition Against Sexual & Domestic Violence
Kentucky
Kentucky Association of Sexual Assault Programs
ZeroV
Louisiana
Louisiana Foundation Against Sexual Assault
Maine
Maine Coalition to End Domestic Violence
Maine Coalition Against Sexual Assault
Preble Street
Maryland
Maryland Coalition Against Sexual Assault
Network Against Domestic Violence
The Human Trafficking Prevention Project
University of Maryland SAFE Center
Massachusetts
Jane Doe Inc
Michigan
Michigan Coalition to End Domestic and Sexual Violence
SafeHouse Center
Minnesota
Violence Free Minnesota
Transforming Generations
Mississippi
Mississippi Coalition Against Domestic Violence
Montana
Montana Coalition Against Domestic and Sexual Violence
Nebraska
Catholic Charities of Omaha
Nebraska Coalition to End Sexual and Domestic Violence
Parent-Child Center
Rape and Domestic Abuse Program
Willow Rising
Nevada
Immigration Center for Women and Children - Nevada Office
Nevada Coalition to End Domestic and Sexual Violence
New Jersey
New Jersey Coalition to End Domestic Violence
New Mexico
Tewa Women United
New York
New York State Coalition Against Domestic Violence
Brooklyn Defender Services
Co-Counsel NYC
Catholic Migration Services
Jahajee Sisters
Her Justice, Inc.
Hope's Door
Northern Manhattan Improvement Corporation
Safe Horizon Immigration Law Project
The Legal Aid Society
Turning Point for Women & Families
urban justice center | domestic violence project
Violence Intervention Program
Womankind
North Carolina
North Carolina Coalition Against Domestic Violence
NC Coalition Against Sexual Assault
Family Abuse Services
Families First, Inc.
Friend to Friend
Kearah's Place Inc.
Our Voice
Ruth’s House
Safelight Inc.
Shining Light In Darkness
UCare, Inc.
Ohio
Ohio Alliance To End Sexual Violence
Ohio Domestic Violence Network
Advocating Opportunity
Oregon
Oregon Coalition Against Domestic and Sexual Violence
Pennsylvania
Pennsylvania Coalition Against Domestic Violence
Pennsylvania Immigration Resource Center
Pennsylvania Coalition to Advance Respect
Citizens Against Physical, Sexual, and Emotional Abuse, Inc. (CAPSEA, Inc.)
Congreso de Latinos Unidos
Domestic Violence Services of Southwestern Pennsylvania
Family Services Incorporated
Laurel House
Lutheran Settlement House
SEAMAAC, Inc.
Safe Monroe
Turning Point of Lehigh Valley, Inc.
Victims Resource Center
Women’s Center of Greater Pittsburgh
Women In Transition
The Women’s Center, Inc.
WRC
Puerto Rico
Casa Juana Colón
Centro de la Mujer Dominicana, Inc.
Rhode Island
Rhode Island Coalition Against Domestic Violence
Tennessee
Tennessee Coalition to End Domestic and Sexual Violence
Texas
Daya Inc.
Houston Immigration Legal Services Collaborative
Mosaic Family Services
Utah
Utah Coalition Against Sexual Assault
Utah Domestic Violence Coalition
Vermont
AWARE, Inc.
Mosaic Vermont
NewStory Center
Safeline, Inc.
Vermont Network Against Domestic and Sexual Violence
Virginia
Ayuda
Virginia Sexual and Domestic Violence Action Alliance
Washington
WA State Coalition Against Domestic Violence
API Chaya
Northwest Immigrant Rights Project
YWCA of Walla Walla
West Virginia
West Virginia Coalition Against Domestic Violence
Wisconsin
End Domestic Abuse Wisconsin
Wisconsin Coalition Against Sexual Assault
ASTOP, Inc. Sexual Abuse Center
BeLEAF Survivors
Benedict Center
Deaf Unity
FREE
Freedom, Inc.
FRIENDS, Inc.
Embrace Services, Inc.
Reach Counseling
Roots4Change Cooperative
UNIDOS Against Domestic ViolenceStepping Stones, Inc.
We All Rise AARC
Wyoming
Wyoming Coalition Against Domestic Violence and Sexual Assault