2010
National District Attorneys Association
20th Annual National Multidisciplinary Conference on DV
presentation on
“Working with Immigrant Survivors
of Domestic Violence
Wanda Lucibello
Chief, Special Victims Division
Office of the District Attorney of Kings County
&
Gail Pendleton
Co-Chair, Asista Immigration Technical Assistance Project
Co-Chair, National Network to End Violence Against
Immigrant Women
Introduction
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Battering is the leading cause of injury to women in
the U.S. and affects women of every race, culture,
economic class & sexual orientation.
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Domestic violence is an escalating pattern of abuse
where one partner in a relationship controls another
through force, intimidation or threat of violence.
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Immigrant women who are battered share all the
problems of non-immigrant women abused by their
partners. However, these problems are magnified
many times by factors related to immigrant status.
Unique Issues
IMMIGRATION STATUS
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Issues facing documented and
undocumented aliens. Fear of
deportation.
Institutional bias.
CULTURAL CONCERNS
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Language.
Impact of community reaction.
Religious beliefs. Ability to divorce.
Availability of family support.
Isolation.
‘Culture Shock’.
Access to resources, knowledge of U.S.
system.
Experience of systems of authority in
country of origin. Fear of police and
justice system
ECONOMIC DEPENDENCY
& EMPOWERMENT
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Access to work authorization.
Access to public benefits.
Language skills and education
level.
Requirement to provide income for
family in home country.
CHILDREN
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Belief that partner will abduct
children to another country.
Lack of knowledge of family or civil
law proceedings.
Working With Refugee, Immigrant
& Migrant Battered Women
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Focus on her strengths, not her weaknesses.
Develop a thorough understanding of issues involved.
Take time to address her concerns.
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Who and where are her support systems.
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Provide information on remedies available.
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Provide access and referrals to agencies and professionals
who can assist with legal and social service needs.
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Work to ensure that the institution/agency is responsive
to the special needs of this population.
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Support legislation that addresses the needs of refugee,
immigrant and migrant battered women.
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Why Culturally Competent Services?
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New York City Department of Health
study
 Among Hispanic victims, killings more
likely committed by intimates.
 Asian women - 7% killed by an
intimate vs. 4% by non-intimate.
 White victims - skewed the other way 37% victims of intimate, vs. 63%
victims of non-intimates.
Brooklyn Family Justice Center
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Partnerships with on-site no-for-profit
organizations serving underserved populations
Tamkeen: Works with Arabic Women
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Substantially increased our client visits of Arabic and
Muslim women
Thirty U Visa applications over three year period
Asian Women’s Center
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Each day of the week represents a different language
Brooklyn Family Justice Center
Foreign Born Clients Country of Origin Most Frequently Indicated:
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Mexico
Trinidad & Tobago
Jamaica
Dominican Republic
Russia
Haiti
Guyana
China
Brooklyn Family Justice Center
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Importance of partnering with nonprofit
victim advocates which reflect the cultural
and linguistic needs of the community:
Tamkeen (Arabic), Dwa Fanm (Haitian
Creole). NYAWC (Asian), JBFCS (Russian),
Met Council (Hebrew)
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VSU/KCDA – Project NYET, early outreach
program, Project Eden
Brooklyn Family Justice Center
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Importance of on-site civil legal immigration
services provided by Sanctuary for Families (SFF)
at the FJC – U Visas, Self-Petitions, Battered
Spouse Waiver
Importance of multi-lingual staff and Language
Line
FJC Key Documents are now available in 7 key
languages [Arabic, Bengali, Chinese, HaitianCreole, Korean, Russian and Spanish), 6 more
languages will be added in Spring 2010.
Successes
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Homicide Reduction:
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In 2006, homicides reduced by 30% while adjacent
jurisdiction increased by same amount
Barrier Free Justice –
Sexual Assault and Domestic Violence
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Partnership with the only shelter in NYC
fully accessible to folks with disabilities.
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Partnership with family court lawyers
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Increased numbers of people who access
our office through prosecution.
Central Brooklyn Task Force
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Reached over 9,000 people
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Partnership with DWA Famn, a Haitian
supportive services network.
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Increased substantially the numbers of
victims reporting to the police.
Prosecutorial Results
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Approximately 17% fewer dismissals of cases
when victims spoke with social workers within
24 hours of arrest.
Approximately 6% fewer dismissals when social
workers spoke with victims after 24 hours but
before the first court date.
Approximately 75% resulted in corroborating
affidavits when social worker intervention took
place within 24 hours of arrest.
Approximately 15% of these cases were
ultimately dismissed.
A Few Immigration Concepts
Immigrants & Nonimmigrants
Immigrating family members
“Noncitizens”
Who is Undocumented?
How Immigration System Works
DHS: Department of Homeland Security
CIS: Citizenship and Immigration Services
Administrative applications for “benefits”
ICE: Immigration and Customs Enforcement
Investigation/Enforcement inside US
Detention & removal
CBP: Customs and Border Protection
Enforcement coming into US
Airports, border, 100 miles inside border
EOIR: Executive Office for Immigration Review
What Congress Has Done
Access to public benefits
Access to legal services
Access to services =Limited English
Proficiency Civil Rights Requirement
If you get federal $$$ must have a plan
Congress -- Special Options
Special Immigrant Juveniles
Conditional Residence Waiver
Self-petitioning & Cancellation
U & T Visas
Self-petitioning for parents of US citizens
Work authorization for nonimmigrant
spouses
U Visa Purpose
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Strengthen investigation
and prosecution
Protect victims of crime
U Visa Crimes
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Rape
Torture
Trafficking
Incest
Domestic violence
Sexual assault
Abusive sexual contact
Prostitution
Sexual exploitation
Female genital mutilation
Being held hostage
Peonage
Involuntary servitude
Slave trade
Kidnapping
Abduction
Unlawful criminal restraint
False imprisonment
Blackmail
Extortion
Manslaughter
Murder
Felonious assault
Witness tampering
Obstruction of justice
Perjury
or attempt, conspiracy, or
solicitation, to commit any of
the above mentioned crimes
How to Analyze Crimes
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List of qualifying crimes is “general
categories” not what crime is titled
What is example of DV crime not called DV?
Law enforcement (LEO) may investigate
qualifying criminal activity though they charge
something else: examples?
Prosecution may be for the non-qualifying
criminal activity alone: example of when this
happens?
20
Certification: Applicant. . .
Is a victim of a qualifying crime
Possesses info on the crime
Is being, has been or is likely to be helpful
NOT substantial abuse and not LEO’s job to
decide this = CIS’ job
NOT admissible, so crimes by victim do not
preclude cert; CIS will decide later
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Key Evidence = Certification
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Certification by LEO is essential
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If not enumerated crime, LEO must explain on
form or attachment why cited crime fits an
enumerated category based on the facts
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If LEO investigated many crimes, should cite
qualifying crime and explain why charged
something else
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Supply copy of qualifying crime statute
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Helpfulness: Certification is Key
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Victim “has been, is being, or is likely to be
helpful” in investigation or prosecution
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INA § 101(a)(15)(U)(i)(III)
Cannot refuse or fail to provide reasonably
requested info or assistance
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New 8 CFR § 214.14(b)(3)
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CIS may contact the Certifying Official
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Certifying official can withdraw the LE
Certification
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What is Helpfulness?
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Helpfulness can be
defined many ways.
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A phone call?
Providing pictures?
Enough to write a report?
Enough to make a case?
Case does not need to be
filed.
Who can certify? The Law says
Police officers
Prosecutor
Judge
DHS Officer
State or Federal Agency Employee
The Regs Say. . .
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Must be head of certifying agency, or
supervisory person, or specially designated
by head of certifying agency (call them the
“U supervisor”)
Other agencies that may certify:
Child Protective Services
 Equal Employment Opportunity Commission
 Department of Labor
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What Victims & What to Do?
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Who do you see now that may qualify?
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How can you help?
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Who do you need to connect with in your
community?
Outreach
OUTREACH TO COMMUNITIES
 Radio stations for specific ethnic audiences
 Newspapers
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– small, local, language-specific
Salon Project: “Cut-it-Out”
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Cosmetologists trained to recognize DV in
clients and refer them to service.
Disclosure Issues
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U-Visa Certification:
Protection for victims of designated crimes from
being preyed upon by criminals who target and
exploit un-statused victims in order to silence
them from using the justice system.
Disclosure:
What is the state of law in your jurisdiction?
New York State: People v. Colon
13 NY 3rd 343, 2009
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Court of Appeals refers to the prosecutor’s
duty to disclose assistance in relocation of
witness’s grandparents, among other
“benefits”.
Disclosure Issues
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Witness Prep is crucial
 U-Visa Certification not a guarantee of status
 Subject to federal scrutiny
 Requires extensive documentation
Voir Dire is crucial
Motion in Limine
Timing and Wording of disclosure
The Tough Questions
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Quid pro quo problem?
Ways to address institutionally?
Answering re credibility
Your role is limited
 DHS decides status, not you
 Applicants must prove other things
 Not signing in exchange for testimony
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Resources
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For latest updates and information
Asista Immigration TA (OVW funded)
www.asistahelp.org
questions@asistahelp.org
Gail.l.pendleton@gmail.com