1 IMMIGRANTS AND DOMESTIC VIOLENCE IN CHARLOTTE-MECKLENBURG By Dr. Claire Schuch, Melissa Siegel-Barrios, Stefania Arteaga, Betsabe Rojas, Zeke Van Dehy and Tahlia Hanna-Martinez November 2019 Project Summary This report examines domestic violence (DV) among immigrants - particularly those who are undocumented - in Charlotte-Mecklenburg, North Carolina. We set out to investigate four main questions. To answer these questions, we collected data from the Charlotte Mecklenburg Police Department (CMPD), the Mecklenburg County Court, and various domestic violence and immigrant-serving organizations. We also interviewed 12 local experts. 1. What are the estimates of immigrants going through the reporting and legal action DV processes in Mecklenburg County, and how has this changed over time? Data obtained for this report was informative but found inconclusive to answer this question. It appears that the number DV cases reported to CMPD has been steadily increasing the past 15 years, likely as a result of the overall population increase. However, a slight decrease from 2017-2019 was noted overall in DV criminal court cases, especially among Latinos or individuals with foreign last names. Since 2011, it has become more difficult to get a U-visa because there are fewer local certifiers, victims are more frequently discouraged to apply, and the USCIS processing time can be around a decade. While we anticipated it would be difficult to offer accurate estimates based on undocumented immigrants being a ‘hidden’ population in data collection (i.e. data on immigration status is typically not collected), this was not the only challenge we faced. Additional difficulties in answering this question are: ● Knowing exactly what data each entity has, including which variables they measure, and for what time frames. ● Obtaining requested data from different organizations. Some sources did not provide (comprehensive) data. Generally, the main issue was not a lack of willingness but rather lack of response about the data they agreed to provide or responding with only partial data. ● Piecing the data together. No single organization has all the relevant data. We tried to collect data that were complementary and, together, depicted a clearer picture of the topic, but gaps remained. ● The data that were obtained were sometimes unreliable due to changes and inconsistencies in data collection and variables over time, making it difficult to draw conclusions about what trends are occurring. Consequently, while we believe the quantitative data in this report are informative, the qualitative data in this study were more reliable and comprehensive overall in terms of answering our research questions.
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1
IMMIGRANTS AND DOMESTIC VIOLENCE IN CHARLOTTE-MECKLENBURG
By Dr. Claire Schuch, Melissa Siegel-Barrios, Stefania Arteaga, Betsabe Rojas, Zeke Van Dehy
and Tahlia Hanna-Martinez
November 2019
Project Summary
This report examines domestic violence (DV) among immigrants - particularly those who are
undocumented - in Charlotte-Mecklenburg, North Carolina. We set out to investigate four main
questions. To answer these questions, we collected data from the Charlotte Mecklenburg Police
Department (CMPD), the Mecklenburg County Court, and various domestic violence and
immigrant-serving organizations. We also interviewed 12 local experts.
1. What are the estimates of immigrants going through the reporting and legal action DV
processes in Mecklenburg County, and how has this changed over time?
Data obtained for this report was informative but found inconclusive to answer this question. It
appears that the number DV cases reported to CMPD has been steadily increasing the past 15
years, likely as a result of the overall population increase. However, a slight decrease from
2017-2019 was noted overall in DV criminal court cases, especially among Latinos or
individuals with foreign last names. Since 2011, it has become more difficult to get a U-visa
because there are fewer local certifiers, victims are more frequently discouraged to apply, and
the USCIS processing time can be around a decade.
While we anticipated it would be difficult to offer accurate estimates based on
undocumented immigrants being a ‘hidden’ population in data collection (i.e. data on
immigration status is typically not collected), this was not the only challenge we faced.
Additional difficulties in answering this question are:
● Knowing exactly what data each entity has, including which variables they measure, and
for what time frames.
● Obtaining requested data from different organizations. Some sources did not provide
(comprehensive) data. Generally, the main issue was not a lack of willingness but rather
lack of response about the data they agreed to provide or responding with only partial
data.
● Piecing the data together. No single organization has all the relevant data. We tried to
collect data that were complementary and, together, depicted a clearer picture of the
topic, but gaps remained.
● The data that were obtained were sometimes unreliable due to changes and
inconsistencies in data collection and variables over time, making it difficult to draw
conclusions about what trends are occurring.
Consequently, while we believe the quantitative data in this report are informative, the
qualitative data in this study were more reliable and comprehensive overall in terms of
answering our research questions.
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2. What is the process for reporting DV and pursuing legal action in Mecklenburg County?
As demonstrated in our flow chart (figure 9), there are various start and end points when it
comes to reporting DV and pursuing legal action. The main entities involved in these processes
are CMPD, the Courts, the Magistrate’s Office, Safe Alliance, Community Support Services, and
the DV Healthcare Project at Atrium. Referrals are made to these services (e.g. by local
community organizations), within these services, and by these services (e.g. to CCLA). Most of
these services have Spanish-language staff or interpreters. For other languages, a phone
interpretation system may be used.
3. What challenges do undocumented immigrants specifically encounter in these
processes?
There are an array of challenges people face when reporting and pursuing legal action for DV.
Some of these challenges apply to all victims; many Mecklenburg County residents are unaware
of the DV services available and how to navigate them. In the process of seeking services, they
may face difficulties with transportation, child care, and work schedules. Foreign-born residents
may face additional challenges, such as language and cultural barriers, different cultural
understanding of what DV is, and stereotyping by authorities. Undocumented immigrants are
particularly vulnerable to DV and fearful of reporting and pursuing legal action because the lack
of trust in authorities and fear of deportation of the victim and/or the perpetrator.
4. What can be done to make the system more navigable for immigrants?
Immigrant communities in Charlotte-Mecklenburg should be informed on what DV is and what
services are available to them in ways that are culturally aware and recognize the fears of
deportation. This requires entities such as Safe Alliance, CSS and the CMPD DV unit to invest
in community education and engagement efforts. Professionals serving DV victims should be
trained on a regular basis on how to deal specifically with immigrant and undocumented clients,
since they have unique experiences and backgrounds. At the same time, immigrant-serving
community organizations such as Project 658, the Latin American Coalition and immigrant
respective faith communities can benefit from training on how to assist DV victims since these
are places where immigrants may feel safe to disclose DV. More broadly, reducing anti-
immigrant laws and creating more welcoming, immigrant-inclusive environments will help
reduce fear among undocumented immigrants, making them more likely in general to cooperate
and engage with DV services and local law enforcement.
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Contributors
Claire Schuch, Ph.D., is a National Science Foundation postdoctoral fellow at the University of
North Carolina at Charlotte and the lead on this study. For the past eight years, she has initiated
and contributed to studies about Latinx health, entrepreneurship, civic engagement, labor
market access, and inclusion in Charlotte-Mecklenburg, in collaboration with local residents and
community-based organizations. An immigrant to the US, Claire has lived in the UK, the
Netherlands, Singapore, Chile and Minnesota prior to arriving in Charlotte.
Stefania Arteaga is an organizer based out of Charlotte, North Carolina who focuses on the
expansion of the deportation pipeline in local communities through ICE/local law enforcement
collaboration. Stefania has worked on campaigns for education access for undocumented
students in NC, deportation defense campaigns, and most recently, a successful anti-287g
campaign in Mecklenburg County. She is the co-founder of Comunidad Colectiva, a grassroots
immigrant rights organization group that organizes for pro-immigrant policies in Mecklenburg
County, the Immigrant Rights' Organizer for the ACLU of NC, and the recipient of the 2019 Z
Smith Reynolds foundation All for NC fellowship.
Melissa Siegel Barrios is an expert on domestic violence and teen dating violence and currently
works as an evaluation consultant with NC Coalition against Domestic Violence (NCCADV) and
NC Coalition against Sexual Assault (NCCASA). Melissa brings knowledge about the DV
landscape (entities, experts, policies) in Charlotte-Mecklenburg.
Betsabe Rojas is an undergraduate research assistant for the University of North Carolina at Charlotte. After being selected to participate with the 2019 Charlotte Community Scholars program, she was matched to work with Dr. Claire Schuch on her domestic violence research project. Being an immigrant herself, this project was special for her because of how it relates to her personal story and family. She is currently a sophomore studying pre-business in the honors business program and a Martin Scholar at UNCC. Zeke Van Dehy is a UNC Charlotte Levine Scholar working on a degree in Computer Science.
During the 2018-2019 academic year, Zeke assisted with developing research materials and the
IRB, analyzing U visa data, attending stakeholder interviews, summarizing interview data, and
gathering relevant background materials.
Tahlia Hanna-Martinez is a senior at Cornell University where she is majoring in Development
Sociology. She was selected for a 2019 Summer Research Experience for Undergraduates in
Charlotte through a collaboration of three institutions: Davidson College, Johnson C. Smith
University, and University of North Carolina Charlotte. Through this program’s network she was
able to meet Dr. Claire Schuch and join the research team.
Acknowledgements
We would like to thank the individuals and organizations who were willing to meet with us for
interviews and/or share their data.
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INTRODUCTION
On July 9th, 2018, Maria and her 16-year-old son were detained by Immigration and Customs
Enforcement (ICE) officers in the Mecklenburg County courthouse. Maria, a domestic violence
survivor, chose to report her abuser and took legal action. She was in the domestic violence
courtroom floor when she was followed and detained by Immigration and Customs Enforcement
(ICE). As the National Immigration Project of the National Lawyers Guild (2018) reported: “The
arrests of Maria and her son sparked a national outcry over the chilling effects of ICE
courthouse arrests on violence survivors and the criminal justice system. Additionally, the
arrests coincide with a national effort by ICE to step up enforcement at courthouses across the
country, in spite of multiple studies showing that such courthouse arrests make victims,
witnesses and defendants are less willing to seek protection and pursue justice.” As of
November 2019, New York, Oregon and Massachusetts are the only two states preventing ICE
from entering the courthouses.
Maria’s case sparked a need to look more closely into the processes, options, and challenges
that undocumented immigrants face when victim to domestic violence. This led to the research
presented in this report. The main questions are:
1. What are the estimates of undocumented immigrants going through the reporting
and legal action DV processes in Mecklenburg County, and how has this
changed over time?
2. What is the process for reporting domestic violence and pursuing legal action in
Mecklenburg County?
3. What challenges do undocumented immigrants specifically encounter in these
processes?
4. What can be done to make the system more navigable for immigrants?
Findings presented in this report are derived from data of several Charlotte-Mecklenburg public
offices and programs, including data on U-Visa certifications applications and domestic violence
court cases. We also conducted interviews with 12 local experts working in the areas of
immigration and domestic violence. This data was collected between September 2018 and July
2019. Though this work is ongoing, the goal of this report is to present what we have learned so
far and encourage actions and conversations around this topic.
BACKGROUND INFORMATION
In the US, an estimated 1 in 4 women and 1 in 9 men experience DV (NCADV). According to
the 2010-2012 National Intimate Partner and Sexual Violence Survey (NISVS), an estimated
47% of men and women will be victims of psychological aggression by an intimate partner in
their lifetime. 32% of women will be victims of physical violence, and 16% of sexual violence by
an intimate partner (NCVRW 2018). An estimated 80% of victims do not receive services from
victim service agencies. Although all victims of DV are vulnerable to harm from their offender,
undocumented female immigrants are a particularly vulnerable population experiencing DV. A
variety of factors unique to this population work in concert to prevent them from reporting their
The fear of deportation is the greatest barrier preventing undocumented women from reporting abuse to the authorities (Erez 2000, 2009; Menjívar & Salcido, 2002; Rodriguez 2000; Reina & Lohman, 2015; Vidales, 2010). Especially since the election of President Trump, law enforcement officials across the country have noted a decrease in the numbers of immigrants reporting domestic violence. They attribute this to a growing fear of deportation amid the current anti-immigrant socio-political agenda of the Trump administration (Medina, 2017). In May 2019, out of a coalition of over 600 advocates and attorneys from different national organizations, 76.25% reported that immigrant survivors fear contacting the police, believing that, “any contact with law enforcement puts them in a more dangerous position than staying silent” (Tahirih Justice Center, 2019). Indeed, 52% of the advocates experienced their clients drop their cases due to fear of deportation (Tahirih Justice Center, 2019). Meanwhile, the Trump administration has zeroed in on toughening immigration through encouraging local law enforcement officers to become involved in federal immigration enforcement (287(g) Program, special ordering agreements, etc.), eliminating reasonable deportation priorities, adopting “zero tolerance” prosecution, separating and detaining families, and narrowing pathways to asylum. These policy changes have created a chilling effect amongst immigrants, contributing to a dangerous climate of fear where undocumented immigrants avoid engagements with authorities at all costs (Advocate Survey). The 287 (g) program has a particularly strong impact on preventing immigrant survivors from seeking legal assistance. The 287 (g) Program is an agreement between local law enforcement agencies and ICE to develop a partnership in which crime and immigration control responsibilities are shared, as well as enabling state and local law enforcement officials to carry out civil immigration enforcement (Nguyen & Gill, 2010). As of July 2019, ICE has 287(g) agreements with 79 law enforcement agencies across 21 states (U.S. Immigration and Customs Enforcement). North Carolina consistently ranks amongst the highest of all the states in its cooperation with ICE and its implementation of 287 (g) Program and is only second to Texas in the highest number of County 287 (g) agreements across the country (Nguyen & Gill, 2010; Schindler, 2018). Indeed, Mecklenburg County was a long-term signatory to 287 (g), causing over 16,000 people to be processed for deportation over the past 13 years; however, upon the election of Sheriff Garry McFadden in December 2018, the county’s voluntary participation with 287(g) was halted. Nevertheless, ending cooperation does not prevent ICE from executing raids in Mecklenburg County and may even provoke them to target the county more (De La Canal, 2018). One avenue of protection for immigrant survivors of DV is the U-Visa Program under the Violence Against Women Act (VAWA).1 The U-Visa Program was put in place in order to provide undocumented immigrants who witnessed or were victim to a crime (including DV) an opportunity to apply for legal residency, under the conditions that they are willing to participate in the investigation and/or prosecution processes of the alleged criminal (Department of Homeland Security). However, the probability of crossing paths with the Secure Communities of the Immigration and Customs Enforcement (ICE) increases during legal processes, causing the applicant for the U-Visa to be at risk for deportation (Gill, 2012; Murshid & Bowen, 2018). Furthermore, if their application for a U-Visa is denied they are also at risk for deportation (Murshid & Bowen, 2018).
1 VAWA is in its 25th year and is due for reauthorization. The House reauthorized the Violence Against Women Act with bipartisan support, passing H.R. 1585. But Senate leaders refuse to bring the bill for a vote. For more information, visit https://www.renewvawa.org/.
Figure 9: Flow chart describing the processes for DV reporting and legal action in Mecklenburg Count
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Figure 10 shows the informational card given to Spanish-speaking DV victims with an overview
of local services.
Figure 10: Handout with local DV resources and services
Challenges undocumented immigrants specifically encounter in these processes
This section outlines the challenges undocumented immigrants face as they decide to and go
about reporting and taking legal action on DV. This information was gathered through the
interviews with local experts and are broken down by area, similarly as on the flow chart above.
Some aspects may apply more broadly to DV victims, immigrants and non-English speakers
(i.e. they may not only apply to undocumented residents).
Disclaimer: We wish to acknowledge and applaud the tireless and important work that many
organizations across Charlotte-Mecklenburg are doing. Through this report, we learned a
number of things about challenges that victims of DV are facing and have included all of them
regardless of potentially conflicting information in different interviews. Our true goal in sharing
such challenges is to work together as a community to improve services offered to them. To that
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effect, we have shared a list of recommendations as a part of this report.
Challenges with law enforcement: ● When an officer arrives, the victim may be weary to be removed from their homes and
taken to a shelter. ○ “They feel like they are being removed from their homes and not be able to come
back” (voluntary removal)
● Some officers are helpful and understanding, but others may be unsympathetic towards victims.
○ Calls and interviews with police can be invading in that it may be triggering for
survivors to speak about their abuse.
○ Stereotyping, racial prejudice, and sexism encountered by police or other
officials.
● Police reports are at the police officer’s discretion so they may choose not to make a report.
○ “Sometimes a police officer will be called out, but won’t make the police report”
○ “I had to go over to a sergeant to get the police report and I just could not
understand why”
● A victims’ injuries (e.g. strangulation) may not be physically visible at the time of the call, so the officer cannot make an arrest.
○ “Most victims don’t have hand marks on their necks, broken blood vessels, or are of darker complexion”
● Language may be a barrier if a bilingual staff-person is not on site. Meanwhile, while there are language-lines, these can be inconvenient to call in emergency situations, and the police departments may avoid their use due to cost. That can lead to officers using the abuser to translate if bilingual, or even, at times, a child.
○ “It’s hard enough to explain to someone else what has happened to you. Much less someone who doesn’t speak your language.”
○ “There is no rule to that (using children as translators) so yes you can but we
always say ideally don’t use children but if that's all you have than you use what
you have
○ “It takes a long time for us to get a translator and it costs more money”
○ “If it’s an emergency situation, then they will use the child (...) I have known
officers to do that before.”
○ “If it can be done over the phone [language line], then the officer will do it over
the phone.”
● Even once a criminal report is filed, it can be challenging for the CMPD DV unit to reach the victim because they may not pick up or decide not to seek services.
● Mistrust of police is prevalent, causing individuals to not make the call, especially if they are afraid to be deported. Today’s anti-immigrant socio-political climate may increase the fear immigrants have of police officers. Furthermore, individuals may not realize that the police in counties that do not implement 287(g) do not ask for documentation status.
○ “I’d rather live here and maybe get killed, than for sure get deported back home
and where I am going to get killed”
○ “People are being careful to not open the door for police”
○ “People just don’t trust the government right now”
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○ “They [immigrants] do what they can to protect themselves and unfortunately that
means not calling the police when they have to”
Challenges with DV services: ● In some countries and cultures, DV is legal or more generally accepted and immigrants
may not know it is unlawful here in the US and what exactly qualifies as DV. ○ “Assaulting my wife or my partner is what we do where we’re from.”
○ “You are getting arrested for something you are accustomed to”
● A victim who speaks Spanish will meet with an available Spanish-speaking advocate. If all Spanish-speaking advocates are busy, the victim will have the choice to either work with the next available advocate through the language line or wait for a Spanish-speaking advocate.
○ “I’ve seen some ladies go there and come back with blank forms”
○ “Where is the translation line they are supposed to have?”
● If clients cannot provide an address where they can have the defendant served with a 50b DVPO they may not be assisted with completing the 50b DVPO paperwork but will be offered all of the available services. A valid address can include a home or work address, jail if the defendant is in custody, or an upcoming court date. The statute governing DVPOs and the US constitution requires that defendants be served with legal documents. The serving sheriffs need to be able to locate and serve defendants in order for the process to continue
○ “The people go there, and they told them that if they don’t have an address to
send the documents than they can’t file a complaint”
● Clients may only be partially helped with receiving the resources they need (e.g. receive help with hospital, therapy, etc. but do not get help filing for U-visa). VACP provides appropriate referrals to a victim needing immigration assistance.
○ “She went to court, she received therapy, she was in the hospital unconscious because of what happened, but she never received assistance for the U-Visa and I don’t understand why”
● Latina women may feel isolated, unwelcomed, and afraid at the shelter. The Shelter has Spanish-speaking staff as well as a language line to assist Spanish-speaking victims residing in the shelter.
○ “A group of females were so lost inside the shelter” ○ “Apparently the social worker who was bilingual and was supposed to work with
them, they did not have a good relationship with him” ○ “They do not feel supported because even the Spanish social worker that you
have isn't supporting you so how can I expect anyone else to” ○ “There was a lady with a work permit and social security and was still living in the
shelter because somehow she felt that she was still undocumented” ○ “Need to have a conversation with families so they know how long they can be
there” ● The shelter only has 120 beds and is full every day of the year. Victims may have to go
to shelters in other Counties. ● Staff turn-over, which results in a lack of consistency over time and need for continuous
training. ● Among immigrants, there may be a lack of knowledge that Safe Alliance and CSS are
available and how to access or navigate these free resources. ○ “Community education is one of the biggest barriers in Mecklenburg County”
● It can be emotionally draining.
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○ “By the time they come here (Safe Alliance) they’ve already talked to at least one person about it”
Magistrate’s Office and Courthouse challenges:
● Paperwork has to be filled out correctly and independently, which may lead to problems and delays if it is not filled out right.
○ “They have to go straight to magistrate's office where they have to go through
gruesome paperwork”
○ “They’re sitting there for hours on end trying to fill out all this paperwork”
○ “Some people don’t even know what a protective order is”
● The process can be tedious if an individual does not have a car or has to bring their children along.
○ “They’re driving all over town and that’s not even counting if they’re able to drive themselves”
○ “They have to sometimes get kids to school and figure out who is going to pick them up from school (...) or they have little ones they have to drag around town”
● Can be emotionally draining to go through the process shortly after violent incident occurred.
○ “You are going through filling out all the forms and have no idea what’s going on because you have just gone through one of the most traumatic events in your life”
● If the paperwork is not filled out on time they may have to wait until the next day to be heard by a judge or VACP/LRP is available Monday through Friday from 8AM to 5PM to assist victims. After hours and on the weekend, a victim can call the Greater Charlotte Hopeline at 980-771-4673.
● If an individual requires a translator, it can hurt their credibility. ● The magistrate may steer people to only get a DVPO, instead of also helping them file
for criminal proceedings which can create significant obstacles for victims during the U-visa application process.
● If a victim doesn't come to criminal court, their case may be dismissed, and the DA won't sign the U-visa certification.
● Gender and power dynamics with law enforcement and in the Courts can be triggering. ○ “Those police, those judges, the magistrates, and the men who are in a position
of power behave in the same way your mate does.”
○ “You begin to be afraid of the men you come into contact with who are supposed
to be helping you”
● Sometimes victims are afraid of going to court. This corresponds with a Ceres Policy Research survey from 1000 people across 11 states which found that "41% of people from immigrant families avoid domestic violence-related hearings when they have been a victim" (Irvine et al. 2019).
○ Victims have been arrested at criminal court before (rarely, but still happens). ○ ICE has said that if they aren't allowed into jails, they're going to step up
courthouse arrests. ○ “The GOP, which is the party of small government, is trying to make sure the
federal government has more access to local and state resources to conduct ICE
activities”
● Many people do not know the magistrate has a translator. ● An interpreter may not be available, causing the victim to be left waiting all day to then
be told to come back tomorrow.
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● Loss of wages or employment can occur if the legal process is causing the victim to miss multiple days of work.
○ “Now they’re picking between going to get the court order or keeping their job”
● Many people are not aware that they can go to the magistrate’s office to file for a DVPO. ○ “They work 24/7 and they really don’t go around their community to see the
resources”
Criminal and civil charges challenges:
● In order for the case to move forward, it is required that the defendant be served and receive their summons. However, oftentimes undocumented immigrants are well adept at keeping their location hidden, which may prove difficult in serving them, leading to case dismissal.
● There are several policies within the court system that create barriers for undocumented victims specifically.
○ If the defendant is deported before their summons it will be nearly impossible for the applicant to receive their U-Visa or DVPO.
○ “Those policies that are being put in place or not put in place, create a culture where it’s okay for there to be hate against this group of people”
● When the court cannot move forward with criminal charges because there is no defendant, then the charges are dismissed and cannot be brought back, therefore, if the perpetrator returns there is no legal protection for the victim.
○ “She was turned away because she did not have his address” ● Language and cultural barriers in court proceedings are heightened because even for
those who speak English there are difficulties navigating through the legal system. This intensifies for non-English speakers. Due to the different legal cultures in immigrants’ native countries, it makes it very difficult for them to navigate the system and get help.
● Pending federal public charge rule means undocumented immigrants are afraid of using public benefits and services (even if they are eligible for them) because they fear this may interfere with future chances of getting a visa.
● Sometimes people don't want to go through criminal proceedings because they don't want ICE to target the victim as being deported may lead them to be in a worse predicament than they are already in.
○ “I’d rather live here and maybe get killed, than for sure get deported back home
and where I am going to get killed”
● A DVPO can hurt the defendants’ application if they are in the process of changing their immigration status.
● If purely civil, deportation is not likely to happen, but if they get arrested or put in criminal DV proceedings, ICE will find out and try to deport them. Even if the defendant has the charges against them dropped or before criminal court can even begin, ICE comes in and takes them.
● ICE can also deport the victims, regardless of their case status. ○ “The fact that on record, there has been a DV survivor who was picked up by
ICE”
○ “There’s always been mistrust of police with the communities of color, but I think
that the extra angle of anti-immigrant hate rhetoric at the federal level just makes
it worse”
○ CMPD and Courts cannot control ICE activity so cannot make promises about whether ICE will be somewhere or protect people from ICE
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● U-visa: only about 10,000 are granted a year in the entire US. If the case is denied, the applicant risks deportation. Also, it takes many years (4-12) to process. Someone can get deported even if they have a pending U-visa application (if approved, they can come back).
○ “Then you have people telling these victims ‘Oh you’re only doing this for a U-VISA’ not knowing it doesn’t work like that”
● For U-visa eligibility, there has to be specified criminal charges levelled against the aggressor, so if one of the specified criminal charges aren't pursued or if the magistrate or officers steer people misleadingly to the DVPO instead they won't be able to apply for U-visa. U-Visas require that the applicant aid a state entity in the investigation or prosecution of a specified crime. One of the specified crimes is domestic violence.
● When a criminal case is carried out the DA has to certify the U-visa as opposed to the police officer, which lengthens the process. Ideally this is to help ensure cooperation and willingness of victim to come to court so aggressor can be charged, but realistically it delays the process and gives more time for ICE to come in and seize DV aggressors or victims. Then it is up to the DA over whether to certify the U visa, which they typically don't if someone is seized by ICE.
○ “Yes, you have to do your job and deport people, but our expectation is for you to
still follow the letter of the law.”
● In counties which implement 287(g), ICE knows when the criminal proceedings happen. Although 287(g) was terminated in Mecklenburg County, ICE will likely ramp up their efforts, especially for heightened courthouse activity by ICE
○ “Lack of courage among a lot of local policymakers”
○ “Maybe they don’t agree with what is happening, but they would rather sit and
stay silent than actually take a stand and do anything”
● Again, difficulties arise in pursuing legal processes if there is a lack of transportation, free time, or child care available to the victim.
● Victims may fear that they could possibly lose their children if they or the abuser are deported.
○ “Some of these people are undocumented and their abusers know that so they're like ‘you know what I’m gonna call ICE and you’re never going to see your kids again’”
○ “So they are weighing all of these factors on top of the fact that this might be the primary breadwinner”
● A lack of knowledge about the legal system in the US may prevent victims from reporting DV.
○ “Sometimes they don’t know that no contact means no contact.” ○ “I think the downfall sometimes happens when they go to court (...) because in
their country it might not be a crime.” ○ “You are being arrested in front of a judge for something that you are
accustomed to.” ○ “It becomes difficult because it seems like to them that we are saying that
everything you have been taught is wrong.” Community resources challenges:
● Within the faith community spiritual leaders are not properly trained in counseling on dynamics of IPV. Specifically, characteristics of power and control. Thus, victims of IPV are often at a significantly higher risk of experiencing additional violence by a spouse. For instance, rather than advocating for the victim’s safety, the pastor will encourage the victim to stay in the relationship and to pray for their spouse. Furthermore, the national
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trend is that most churches are not trained to handle DV cases, often putting the victim and the perpetrator in the same room without victim's direct request to do so.– which violates basic DV training.
○ Victim may be “handed a bible” ○ “They are more likely to go to church, and to go to immigrant-run service
providers”
○ “They often put the perpetrator and the victim in the same room which is like
basics you don’t do that”
○ “Generally speaking, the national trend is that they’re not prepared”
○ “When you add the religious lens that you have to stay together, that can
heighten the issue”
● Victim’s religion, combined with influences from the church community, may become a dilemma to women when deciding whether to move forward with court proceedings.
○ “They are more likely to go to church, than to go to immigrant-run service
providers (LAC)”
● In general, DV victims may not want the perpetrator to get punished due to: ○ Financial reasons (they are the sole or main provider) ○ Shared parenting ○ Not wanting to be alone ○ Loving the person
● Such fears are often heightened for undocumented families due to deportation fears. ○ “Why would I invite this [ICE] into my front door?” ○ “We have super hostile immigration court” ○ “I’d rather live here and maybe get killed, than for sure get deported back home
and where I am going to get killed”
● For undocumented communities, the fear of ICE is so great that if an individual were to play a hand in the deportation of their abusive spouse it can lead to feelings of betrayal within the community.
● Latino families are typically close-knit and that family dynamics can add a lot of pressure on the victim to not leave their partner or press charges.
● Many immigrants are socially isolated within their ethnic communities, leading them to feel isolated from the rest of the world and can cause them to stay in their abusive relationship.
○ “I never called the police because I wanted him arrested. I called the police
because I wanted him to stop.”
○ “When you are an immigrant in this country, you are disposable”
○ “You show how much you care by showing where you put your time and your
money, and the city is showing they don’t care”
○ “You don’t speak the language you don’t call 911”
● Lack of knowledge about the services available and how to access and navigate them ○ “I don't know if they understand the gist” (Immigrants) ○ “I can read it but that does not mean they know what it means”
Recommendations
First, we wish to highlight several promising upcoming local efforts to better serve DV victims.
Second, we share some ways to prevent DV in immigrant households. Third, based on the
findings presented in this report, we offer various suggestions for education, practice, policy and
research to facilitate the processes of reporting and taking legal action on DV for immigrants. As
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with the challenges listed, some of the recommendations will benefit all DV victims, whereas
other suggested are tailored more specifically to undocumented victims.
Upcoming local efforts that are anticipated to be beneficial for (immigrant) DV survivors
● E-filing at Safe Alliance-The process of submitting a DVPO will become easier with e-
filing, because the victim will not have to go to different locations to seek emergency
protection from their perpetrator. E-filing reduces transportation barriers for victims living
in the Lake Norman area and also the number of people lost between VACP/LRP and
the courthouse. In addition, it reduces the risk of the victim running into the perpetrator
while seeking an ex-parte DVPO (temporary 10-day PO) (that said, they will still have to
face the perpetrator at the courthouse to gain a DVPO for up to one year).
● Family Justice Center-This promising initiative of co-locating many services for DV
victims including some services from agencies including Safe Alliance, Community
Support Services, CMPD, DA office, and others provides a wrap-around, holistic
approach to addressing DV and serving survivors. There has been a campaign launched
with the hopes that an FJC model will be open and running within the next several years.
This approach has worked very well in other communities (started in San Diego and now
has 32 affiliates nationally, with 3 in North Carolina), especially for immigrants, because
it reduces transportation and referral barriers.
● Early conversations have started to form a Latino or immigrant sub-committee of the
Mecklenburg County DV Advisory Council. The Domestic Violence Advocacy Council
(DVAC) is composed of representatives from various local and statewide agencies and
advocates to solve problems, increase public awareness and support educational efforts
for victims of domestic violence.
● CMPD will be hosting a strangulation training at the Latin American Coalition.
Preventing DV in immigrant households
● Reducing stigma around mental health and offering access to mental health services.
Violence often emerges from stress and generations of violence. Breaking those cycles.
● Promoting culturally appropriate ways to shift the way we think about the relationship
between men and women, and intimate partners.
● Talking more openly about this topic as a community to reduce the stigma. It is important
to get more men involved in bringing solutions to the table to show that not only women
are affected by and care about this issue.
○ “How many people have to die before its deemed important enough?”
● We recognize that we mostly talk about women as victims - because the majority are
female - but that does not mean men cannot be victims as well. In addition, these
conversations need to be inclusive of LGBTQ individuals and same-sex couples. In fact,
recent studies have shown that trans women of color are most at risk for victimization
but are often ignored in conversations about domestic violence.
● For prevention and education, create cross-organizational networks between DV
services, local (immigrant) media, grassroots and faith-based organizations, etc.
● Prevention of domestic violence is not possible without also addressing the systems of
oppression that exist in our society. Both racism and xenophobia in our society greatly
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impact this population and their existence makes domestic violence more likely to occur
in our society as a whole.
● Addressing risk and protective factors for perpetration of violence through systematic
prevention programming is one step necessary to end overall violence for all
populations. Community organizing/coordination of resources and community
connection are protective factors that relates to many of our recommendations here.
Facilitating DV reporting and legal action in the areas of education, policy, practice and research
● Education:
○ Outreach to immigrant communities to make people aware of the DV services in
the county and how to navigate these services. This includes distinguishing who
does what.
■ CMPD, Sheriff, ICE all lumped together. “The community does not hear
DV CMPD Unit, they hear ‘police’”
○ Victims speaking up (men and women) so that others can see you can get out of
DV situation and that they are not alone.
○ Educating (undocumented) immigrants on their rights, including what to do if ICE
shows up at their home, workplace or courtroom. Clarifying the different ways
that people can come into contact with ICE through the criminal justice system
and the way in which ICE does or does not collaborate with local law
enforcement.
● Policy:
○ Advocate to make climate more friendly towards immigrants so they don't fear
engaging with authorities, reporting crimes, etc.
■ This can be small actions (e.g. sharing the purpose of police presence) to
larger actions (e.g. revamping how agencies look and staff make
up/language access)
○ Not requiring victims to show US ID (accepting foreign ID if identification is
needed) or asking for social security number.
○ More transitional and affordable housing so victims can get out of unsafe homes.
○ Preventing ICE from entering Family Justice Center and other places
○ Develop policies and procedures ensuring proper jurisdictional authority between
agencies (i.e., responding to ICE presence).
● Practice:
○ Regular trainings for professionals (in DV agencies, law enforcement, legal
services, etc.) who deal with DV victims on the immigrant experiences, different
immigration statuses, mixed-status families, and how to best serve immigrants.
■ You’re serving undocumented Latina clients and you have no idea what’s
going on in terms of how ICE operates and how they can enter a facility”
■ “Problem with the mainstream organizations is that only lately have they
been pushing to not only serve one group of people”
○ Regular trainings for immigrant-serving organizations and community (including
faith) leaders on how to best advise and refer someone who reveals they are
dealing with DV.
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○ Ensuring agencies have staff who are culturally competent and speak multiple
languages.
○ Using the language line if needed, rather than relying on victim’s abuser or
children to interpret.
○ Spanish volunteers in the courtroom to help immigrants accurately fill paperwork,
communicate with authority, and feel more comfortable to share their story.
○ More beds available in shelters, since the shelter has only 120 beds and is full
every day of the year.
○ Organizing donation items to women shelters, like menstrual products, diapers,
etc.
○ Additional funding for services, e.g. Safe Alliance (Breakfast of Hope October 15
fundraiser)
○ Novant needs a program like Atrium (DVHP).
○ Enhancing cross-agency collaborations, e.g. DV services and immigrant/refugee-
serving organizations.
● Research:
○ More accurate and consistent data collection across agencies and over time.
■ Often, data is limited and difficult to obtain, which can make it difficult to
assess problems and possible solutions.
■ We have many different bits and pieces of data from various government
and non-governmental agencies but no comprehensive source.
■ Data not tracked accurately or in the same way or over longer periods of
time which limits our ability to see trends over time and make accurate
assessments of certain patterns.
■ This includes referral data because currently there is no data on how
many victims agreed to get services and their experience of services after
they have been informed or referred.
○ Collecting stories of immigrants who have experienced DV themselves. There
appears to be a disconnect between what agencies and policies say and how it is
experienced by immigrant community members themselves - at least, with the
anecdotal evidence we have available. In order to further examine this, we would
have to conduct interviews with immigrant DV survivors.
○ Dig deeper into the role of grassroots community organizations in dealing with
DV. Since a lot of immigrants do not pursue official reporting and legal action,
talk to more churches, immigrant-serving organizations and clinics where
immigrants may disclose DV.
What’s next?
We hope our report can spur conversations and actions based on the suggestions we outlined.
We are willing to present our findings in English and Spanish to various local audiences,
including DV professionals, immigrant community members, and people working with
immigrants. We also plan on sharing our findings with national academic audiences and state-
wide advocates for immigrants and DV prevention. We are open to additional ideas on how we
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can improve and share this information. We hope stakeholders will take charge in implementing
some of our recommendations and that we can identify funders to continue this research.
References
Advocate Survey Final (2019). Immigrant Survivors Fear Reporting Violence.