Title: Language Access: Complying with Title VI of the 1964 Civil Rights Act
1Language Access Complying with Title VI of the
1964 Civil Rights Act
- Isela Arras
- Immigration Project Administrator
- KDVA
- (502) 209-5382 ext. 21
- iarras_at_kdva.org
2 Learning Objectives for 4.2
- 1. Define language accessibility
- 2. Explain the proper way to use an interpreter
3The Goal
All staff serve all persons. All persons receive
equal services. Agency Responsibility!
4Title VI
- Federal Fund Recipients
- Language National Origin
- Meaningful Access / Competent Language Services
5Responsibilities of FFR
- Meaningful Access
- Notice
- Policy / Procedure
- Periodic Training and Monitoring
- Multilingual Materials
- Competent Interpreters / Translators
6(No Transcript)
7When to use an Interpreter
- Persons who cannot speak, read, write or
understand the English language at a level that
permits them to interact effectively with
providers - Persons who request an interpreter
- May understand more than speak
- May speak more than understand
- Language proficiency decreases in crisis
8Interpretation Options
- Telephone Interpretation Services
- Language Advocates
- Multilingual Staff
- Volunteer Interpreters
- Paid Interpreters
9Interpreter vs. Translator
- Interpreter
- Translator
- Language is important!
- Skill
- Linguistic ability
10Competent Interpreters / Translators
- Cost and Available resources
- Distinctions
- Code of ethics (Quality and Professionalism)
- Role of the interpreter
- Non-bilingual provider guidelines
11Who should NOT Interpret?
12Who should NOT Interpret? (Cont)
- Family member of a victim
- Family member of a perpetrator
- Friend of the family
- Interpreter used by the perpetrator
- Perpetrator
13Who Should Interpret?
- Someone who has a commitment to interpreter
ethics. - Received training in interpreter skills
- Proficient in both languages.
- Non Judgmental
- Adult
14The Role of the Interpreter
15(No Transcript)
16(No Transcript)
17Guidelines for Non-bilingual Staff
- Begin with a pre-session
- Speak directly to the person
- Do not permit side conversations
- Purposeful seating
- Maintain Control
18Three Presumptions
19(No Transcript)
20Language Access and U Visas Serving Immigrant
and Refugee Victims Effectively
- Gretchen Hunt, Esq.
- Training Coordinator
- Kentucky Association of Sexual Assault Programs
21Goals of workshop
- Become familiar with language access, cultural
considerations and immigration protections as
potential options for your clients - Review the kinds of documentation needed for the
immigration case - Understand the process of applying for relief
from Immigration (or why does it take so long?)
22Opportunities
- Provide more safety and stability to immigrant
victims - Strengthen ability of law enforcement to enforce
laws - Inform more victims of their rights
- Reduce power of abusers to use threats of
deportation
23What are the barriers to immigrants and refugees
reporting sexual assault and domestic violence in
your area?
24The Role of an Advocate
- To inform client of options
- To support client
- To connect client with attorney other necessary
resources (e.g. counseling) - It is not the advocates job to file the
immigration case or contact immigration
25Cultural Considerations
- Culturally Competent premises in our work with
survivors of Sexual Assault and Domestic Violence -
- All persons have the right to live free from
violence. - The perpetrator is responsible for the violence.
- All victims have the right to safety and
self-determination, including staying. - Domestic violence, sexual assault, and violence
against women are present in all cultures,
cutting across race, ethnicity, class, sexual
identity, religion, etc. - Culture is not an excuse for violence.
- All cultures are contradictory in that there is
both widespread acceptance of domestic violence /
sexual assault and traditions of resistance and
empowerment. - Each survivor is not only a member of his/ her
community, but a unique individual with their own
responses. The complexity of a persons response
to domestic violence is shaped by multiple
factors. - Differences exist both between and within
cultures. - Just because we perceive someone to be of the
same culture as ourselves does not mean we can
make assumptions about their experience. - All communities and individuals can take
preventative action against domestic violence and
sexual assault. - Source Sujata Warrior
26National Origin Discrimination
27Sources of Law
- Title VI of the Civil Rights Act
- National origin discrimination includes language
discrimination - Executive Order of 2000 signed by President
Clinton - Department of Justice LEP Guidance of 2002
- Agency specific guidance and policy (e.g. DOJ,
HHS)
28Title VI of Civil Rights Act of 1964
- Prohibits federal funding recipients from
discrimination based upon race, color or national
origin - National origin discrimination includes
discrimination based on language - ALL AGENCIES THAT RECEIVE FEDERAL FUNDING ARE
RESPONSIBLE FOR COMPLIANCE
29Executive Order 13166
- All recipients of federal funding (including
contract agencies) must provide language access
to persons with Limited English Proficiency
(LEP) - Must ensure MEANINGFUL ACCESS to services
applicants and beneficiaries. - No difference in services
- No unreasonable delay in services
30What is LEP?
- Limited English Proficiency
- English is not primary language
- Limited ability to read, write, speak or
understand English - Language for LEP individuals can be a barrier to
accessing important benefits or services,
understanding and exercising important rights,
complying with applicable responsibilities, or
understanding other information provided by
Federally funded programs and activities. - Determination is by person, not by agency
31Policy Guidance 65 Fed. Ref. 50123
- The Department of Justice tasked with developing
guidance for agencies - Enforcement of Title VI of the Civil Rights Act
of 1964--National Origin Discrimination Against
Persons with Limited English Proficiency Policy
Guidance - Spells out concrete requirements
- Offers tips and guidance to agencies
32Policy Guidance
- Must provide access to LEP individuals
- Agencies or entities conduct the following
analysis to determine what is compliance - Number or proportion of LEP individuals served or
encountered in the eligible service population - Frequency of contacts
- The nature and importance of the program,
activity or services - Resources available
33What is the Number or Proportion of LEP
Individuals in Your Service Area?
- Must include language minority populations that
are eligible for programs or activities but may
be underserved because of existing language
barriers. - How determine number of LEP individuals?
- Census data, data from school systems and from
community organizations, and data from state and
local governments. - Community agencies, school systems, religious
organizations, legal aid entities, and others
can often assist in identifying populations for
whom outreach is needed and who would benefit
from the recipients' programs and activities
were language services provided.
34What is the Frequency of Contact with LEP Persons
within your Agency?
- LEP persons contacting agency on a daily basis
means higher responsibilities - But even recipients that serve LEP persons on an
unpredictable or infrequent basis should have a
plan to provide access - EX being prepared to use telephonic
interpretation services to obtain immediate
interpreter services. - Recipients should take care to consider whether
appropriate outreach to LEP persons could
increase the frequency of contact with LEP
language groups.
35What is the Nature and Importance of the Program,
Activity, or Service Provided by your Program?
- Will the denial or delay of access to services
or information have serious or even life-
threatening implications for the LEP individual? - Ex safety, law enforcement services or
services that impacts rights vs. recreational or
less urgent services
36What Resources Are Available?
- Cost is not defense to non-compliance, but
programs can look to cost-sharing strategies - Share resources with other community groups
- Train bilingual staff to act as interpreters and
translators - Use telephonic and video conferencing
interpretation services - Pool resources and standardize documents to
reduce translation needs - Use qualified translators and interpreters to
ensure that documents need not be fixed'' later
and that inaccurate interpretations do not cause
delay or other costs - Develop formal use of qualified community
volunteers
37Oral vs. Written Options
- Recipients have two main ways to provide
language services - Oral interpretation either in person or via
telephone interpretation service. - Written translation, likewise, can range from
translation of an entire document to translation
of a short description of the document. - Need to translate VITAL DOCUMENTS
- Example A police department in a largely
Hispanic neighborhood may need immediate oral
interpreters available and should give serious
consideration to hiring some bilingual staff.
38Competency of Interpreters
- A COMPETENT INTERPRETER WILL
- Demonstrate proficiency in and ability to
communicate information accurately in both
English and in the other language - Identify and employ the appropriate mode of
interpreting (e.g., consecutive, simultaneous,
summarization, or sight translation) - Have knowledge in both languages of any
specialized terms or concepts peculiar to the
entity's program or activity - Understand and follow confidentiality and
impartiality rules - Understand and adhere to their role as
interpreters without deviating into a role as
counselor, legal advisor, or other roles
(particularly in court, administrative hearings,
or law enforcement contexts) - FRIENDS OR FAMILY MEMBERS, ESPECIALLY CHILDREN
ARE NOT COMPETENT INTERPRETERS !
39PEOPLE WHO SHOULD NOT INTERPRET IN DOMESTIC
VIOLENCE/SEXUAL ASSAULT CASES
- Children Putting a child in the middle of a
parental conflict creates incredible pressure on
the child, who is likely to feel torn regarding
whom to side with the child may be fearful of
the batterer and feel pressured to interpret in
his failure children may not have vocabulary
sufficient to translate legal information to the
parent. - Family member of the victim Despite the fact
that a family member of the victim offers to
volunteer, he or she may be blaming the victim
for the abuse and not have a sufficient
understanding of domestic violence to effectively
provide support to the victim. The family member
also might exaggerate the victims testimony in
order to support her, which can lead to
discrediting the victim-witness on
cross-examination. Additionally, the family
member might not have sufficient vocabulary to
translate legal information to the victim.
40PEOPLE WHO SHOULD NOT INTERPRET IN DOMESTIC
VIOLENCE/SEXUAL ASSAULT CASES (Continued)
- Family member of the perpetrator/primary
aggressor A family member of the
perpetrator/primary aggressor could intentionally
volunteer to interpret in order to control what
the victim says or manipulate the victims words.
A family member of the defendant might blame the
victim for the abuse. The family member also
might not have a sufficient understanding of
domestic violence to effectively provide support
to the victim. - Friend of the family As with family members, a
friend who offers to interpret may wish to
control what the victim says, reporting back tot
he family what the victim is saying or blaming
the victim for the abuse. A friend might not
have a sufficient understanding of domestic
violence to effectively provide support to the
victim. He or she also might not have sufficient
vocabulary to translate legal information to the
victim. - Interpreter used by the perpetrator / primary
aggressor A person who interprets for the
batterer should not be asked or allowed to
interpret for the victim. This would create a
significant risk of replicating the dynamic of
power and control that is used in a battering
relationship. It could also inhibit what the
victim is willing to discuss with the court and
with court personnel. - Source Cultural Considerations in Domestic
Violence Cases. Family Violence Prevention
Fund.1999
41Timeliness of Services
- Interpretation should be provided in a timely
manner. - Language assistance should be provided at a time
and place that avoids the effective denial of
the service, benefit, or right at issue or the
imposition of an undue burden on or delay in
important rights, benefits, or services to the
LEP person. - In providing law enforcement, health, and safety
services, and when important legal rights are at
issue, a recipient would likely not be providing
meaningful access if it had one bilingual staffer
available one day a week to provide the service - In cases involving victims, timeliness is of the
utmost importance !
42Implementation of Language Access Plan
- Identifying individuals who have limited English
proficiency and need assistance - Deciding on the ways to provide language
assistance - Training Staff
- Notifying persons with limited English
proficiency - Monitoring and updating the policy
43Examples of Prohibited Practices
- Language Access Plan that provides only for
services in Spanish (failure to adequately assess
needs in area) - Asking client to bring own interpreter
- Having a plan in place but failing in
implementation (staff are not trained, do not
know of policy, are not authorized to access
interpreters) - Providing unequal access (interpreter on site one
day a week, Hispanic court day) - Using children as interpreters for provision of
services dealing with safety or rights
44Complaint Procedure
- Complaint form through Office of Civil Rights,
Compliance and Review - Department of Justice will look favorably on
intermediate steps that recipients take given
that compliance will take time
45Additional Legal Concerns
- Confidentiality
- Agencys own policy
- HIPPA
- Violation of other duties
- Ex Law enforcement in domestic violence
situations has duty to provide information to
victim about victim services and rights - Crime Victim Bill of Rights
46Resources
- Know Your Rights brochures in different languages
- I SPEAK Cards to identify language
- www.lep.gov
- Policy guidance for specific agencies
- Demographic data
- Model programs
47Basic Access to Services
- Access to Services Necessary to Life and Safety
All individuals present in the United States,
including undocumented immigrants, are guaranteed
access to services necessary to life and
safety. - Source ( Attorney General Order No. 2353-2001,
Final Specification of Community Programs
Necessary for Protection of Life or Safety Under
Welfare Reform Legislation.) - Among those services are access to EMS, police,
fire, child and adult protective services,
domestic violence and rape crisis programs, short
term emergency housing, emergency medical care
and vaccinations and treatment for communicable
diseases. - Agencies that deny such services risk violating
civil rights and fair housing laws.
48Immigration Options for Victims
- Battered Spouse Waiver for conditional residents
- VAWA Self-Petitioning for Abused Spouses and
Children of US Citizens/Lawful Permanent
Residents - U Visa for victims of serious crimes
(rape/dv/trafficking) - T Visa for victims of severe form of trafficking
in persons - Special Immigrant Juvenile petition for children
who are in foster care/guardianship due to abuse,
abandonment or neglect - Gender Based Asylum
49Intake
- Screens for immigration history
- Identifies problem areas/red flags
- Identifies possible immigration remedies
- Should be faxed/sent to immigration attorney ASAP
50A Little Herstory
- Marriage Fraud Amendment (1990) Battered spouse
waiver for conditional residents - VAWA 1994 Congress created self-petitioning for
spouses and children of abusive U.S. citizen or
Lawful Permanent Resident spouses or parents - Victims did not have to choose between staying
silent in an abusive relationship and being
deported.
51Conditional Resident Waiver
- Individual has married to USC for less than 2
years - When spouse petitions for non-citizen spouse, she
receives conditional residency, good for two
years. - Husband and wife must jointly file to remove this
condition and make her green card permanent. - However, there are waivers of joint filing
requirement - if marriage was in good faith but was terminated
due to divorce - if spouse was subject to battery or extreme
cruelty - if non-citizen would suffer extreme hardship if
forced to return to home country
52VAWA Self-Petitioning
- Some spouses and children of US citizens or
lawful permanent residents, however, have never
had anything filed on their behalf by the
relative. - Undocumented women and children who have been
subjected to battering or extreme cruelty by a
spouse or parent (USC or LPR) may self-petition
for their permanent residency. - If unmarried, but have child in common, may also
be able to apply. - Even if divorced, may apply within two years of
the divorce.
53Elements of Self-petition
- Identity and that of their children (children may
be included on mothers application) - Identity and status of spouse
- Good Faith Marriage
- Residence with Abusive Spouse
- Residence in USA (or if outside, residence with
military spouse) - Battering and Extreme Cruelty
- Good Moral Character
54Battering and Extreme Cruelty
- Being the victim of any act or threatened act of
violence, including any forceful detention, which
results or threatens to result in physical or
mental injury. . .acts of violence include
psychological or sexual abuse or exploitation,
including rape, molestation, incest, or forced
prostitution as well as other abusive actions
that, in and of themselves, may not initially
appear violent but that are part of an overall
pattern of violence. - Actions against some other person or thing may
also qualify if these acts were deliberately used
to perpetrate extreme cruelty against the
self-petitioner or the self-petitioning spouses
child.
55Documentation
- Affidavit or history of client, detailing all
incidents of abuse - Affidavit of domestic violence counselor
- FAP records
- Military or other protective order
- Police Reports (need to use interpreter to get
detailed information) - Hospital Records
- Shelter Records (because of CISs strict
confidentiality, batterer may never obtain
records) - Affidavits of friends and family members
- Diaries, photos of abuse and destruction of
property
56Affidavit of Advocate
- Important tool in documenting abuse when there is
little primary evidence (photos, police reports,
hospital records) - Includes counselors back ground in DV/SA
- Details counselors interaction with survivor,
including assessment of credibility of client and
of clients good moral character
57Good Moral Character
- Need to avoid mutual protective orders, findings
of abuse or neglect, drug or alcohol abuse, and
any arrests for criminal activity - Waivers for good moral character problems and
crimes of domestic violence may be available if
applicant can show - not primary aggressor and
- violation of protective order designed to protect
heror - acting in self-defenseor
- crime not result in serious injury
58Immigration Documents
- Form I-360 ( or fee waiver)
- Form I-765 ( or fee waiver)
- Form I-485 ( or fee waiver)
- After submitted, and prima facie notice is
issued, eligible for public benefits - May request additional documentation
- When approved, work permit is issued, and/or
greencard
59U Visa A Long Road
- Created in 2000
- Regulations implementing the visa were not issued
until 9/17/07 (effective date 10/17/07) - Before regulations, victims could apply for
interim relief of deferred action, which would
enable them to apply for employment
authorization. Ended 10/17/07 - A victim from Kentucky was one of the first to
receive interim relief in the country!
60U Visa Requirements
- Alien is victim of qualifying crime/criminal
activity - Suffered substantial physical or mental abuse as
a result - Criminal activity occurred in US or violated US
law - Alien (or in case of alien under 16, parent,
guardian or next friend) possesses information
concerning criminal activity - Alien (or child under 16, parent, guardian or
next friend) has been helpful, is being helpful,
or is likely to be helpful to federal, state or
local authorities investigating or prosecuting
the crime
61Direct Victim
- 8 CFR 214.14 (a)(14)
- Victim directly and proximately harmed by
qualifying criminal activity - Example Irena, a 22 year old undocumented
housekeeper, was raped by her employer. She
calls the police, goes for a rape exam and
provides testimony leading to a plea deal by the
offender.
62Indirect Victims
-
- 1) Parent, legal guardian or other family member
of child under 16 may apply for principal U
status - Example Ivan Cano case in Louisville, KY, where
mother of abducted four year old boy (who was a
U.S. citizen) cooperated with law enforcement in
his murder investigation and prosecution. - 2) Bystander, unrelated to direct victim if
witnessing the crime led to direct injuries - Example Pregnant woman witnesses shooting and
is so traumatized she suffers a miscarriage.
63Witness Tampering, obstruction of justice and
perjury
- Who is a victim of these crimes?
- Individuals who are harmed when a perpetrator
commits one of these 3 crimes in order to avoid
or frustrate the efforts of law enforcement - OR individuals who are harmed when the
perpetrator uses the legal system to exploit or
impose control over them - NOTE No nexus required with one of the other
enumerated crimes
64Culpability of Victim
- A person who is culpable for the qualifying
criminal activity being investigated or
prosecuted is EXCLUDED from being considered a
victim - Does not exclude all individuals who have
committed crimes - Ex victim who agrees to be smuggled into the
U.S. but then is held in involuntary servitude is
still a victim
65Derivatives
- Can apply within the U.S. or from abroad at U.S.
consulates - If principal applicant is over 21, spouse and
children are derivatives - If under 21, spouse, parents and brothers and
sisters (18 at age of filing principal petition)
66Crimes
- Rape Being held hostage
- Torture Peonage
- Trafficking Involuntary servitude
- Incest Slave trade
- Domestic violence Kidnapping
- Sexual assault Abduction
- Abusive sexual contact Unlawful criminal
- Prostitution restraint
- Sexual exploitation False imprisonment
- Female genital mutilation
67Crimes, continued
- Blackmail
- Extortion
- Manslaughter
- Murder
- Felonious assault
- Witness Tampering
- Obstruction of Justice
- Perjury
- Attempt, conspiracy or solicitation to commit any
of these crimes - or any other similar activity also encompassed
by statute for related, non-enumerated crimes
68Occurred in U.S. or violated U.S. law
- Includes U.S. territories
- Includes Indian lands and military bases
- Crime may have occurred overseas and violated
U.S. law with extrajudicial reach (ex sexual
abuse of minor overseas)
69Possesses Information
- Has knowledge and details about crime of which
the person is a victim - If under 16, incapacitated or incompetent,
parent, guardian or next friend may possess
information - Law enforcement may end up charging other crime
- Ex Victim of domestic violence calls 911 and
reports crime to police. While there, police
discover narcotics and charge perpetrator with
drug crimes, rather than domestic violence.
Victim can still be certified.
70Suffered Substantial Physical or Emotional Abuse
- Injury or harm to the victims physical person or
- Harm to or impairment of the emotional or
psychological soundness of the victim - Substantial refers to either severity of injury
suffered by victim or the severity of the abuse
inflicted by the perpetrator
71Substantial Physical or Mental Abuse (continued)
- Case by case approach using several factors
- Nature of injury inflicted or suffered
- Severity of perpetrators conduct
- Severity of harm suffered
- Duration of the infliction of the harm
- Extent to which there is permanent or serious
harm to the appearance, health or physical or
mental soundness of the victim - Pre-existing physical or mental injury of victim
- Series of acts that occur over time--consider in
totality - NO SINGLE FACTOR IS A PREREQUISITE
72Certification
- Certifying agencies
- Local, state, federal law enforcement
- Prosecutor
- Judge
- Child Protective Services
- Equal Opportunity Commission
- Department of Labor
73Certification
- Certifying official
- Head of agency
- Designated supervisor
- What does the agency certify?
- Victim of crime
- Possesses information about crime or criminal
activity - Crime occurred in U.S or violated U.S. law
- Helpfulness
74Helpfulness
- Detection, Investigation or Prosecution
(including conviction and sentencing) - Has been helpful, is being helpful, or is likely
to be helpful in investigation OR prosecution - Victim may apply at different stages of the
investigation or prosecution - Prosecution may not be possible in all situation
75Ongoing requirement for helpfulness
- Victim cannot refuse to cooperate
- Recanting victim cannot apply (but make sure that
another crime has not occurred, e.g. witness
tampering) - CERTIFICATE can be withdrawn and U Visa status
revoked if victim does not cooperate
76Admissibility
- Applicant (and derivatives) must be admissible to
the United States - May seek waiver of grounds of inadmissibility
EXCEPT the ground applicable to participants in
Nazi persecutions, genocide, acts of torture or
extrajudicial killings
77Waivers
- Form I-192
- Waiver available if in public or national
interest - Discretionary decision
- Balance adverse factors with social and humane
considerations present - Favorable discretion should not be exercised for
waivers involving violent or dangerous crimes,
except in extraordinary circumstances
78Victim Statement
- VERY IMPORTANT
- Should include
- Nature of criminal activity
- When the criminal activity occurred
- Who was responsible
- Events surrounding the criminal activity
- How the criminal activity came to be investigated
or prosecuted - What substantial physical or mental abuse was
suffered as a result of having been the victim of
criminal activity
79Additional Documentation
- Police reports, court records of disposition
- Protective orders
- Letters from counselors, friends, childs
teacher, pastors - Shelter records
- Photographs taken to document physical abuse
- News articles (if crime received media attention)
- Hospital records
- Other documents showing cooperation and abuse
(ANY CREDIBLE EVIDENCE STANDARD)
80U Visa Application
- Form I-918 ( or fee waiver request)
- Supplement A (qualifying family members)
- Supplement B (law enforcement certificate)
- Fingerprinting
- Applicable waivers
- Victim Statement
- Other Supporting Documentation
- Filed at Vermont Service Center, VAWA Unit
- 10,000 cap each year (not include derivatives)
81If U Visa approved
- Non-Immigrant Visa for up to four years
- Authorization to work
- Can apply to adjust status in 3 years if in
public interest, family unity or humanitarian
82Adjustment of Status
- After three years
- Application fee waivers
- Must not have unreasonably refused to provide
assistance in a criminal investigation or
prosecution - Admissibility
- Discretionary decision
- Humanitarian grounds
- To ensure family unity or
- In the public interest
83T VISA
- Visa available for victims of severe form of
trafficking in persons - Need certification of law enforcement
- Must comply with all reasonable requests of law
enforcement (if 18 or over) - Present in US on account of trafficking
- Would face extreme hardship of an unusual nature
if removed - 4 year visa apply for permanent residency after
three years of continuous presence person of
good moral character - Family members may be included
84T VISA Process
- I- (fee or fee waiver request)
- I-485 adjustment of status application (after 3
years)
85Gender Based Asylum
- Door Opens for Battered Immigrant Women Seeking
Asylum - In a case involving a Mexican woman seeking to
escape brutal domestic violence in her home
country, Obama - Administration officials have taken a position
that may open a door to asylum in the United
States for some victims of - severe abuse. The Family Violence Prevention
Fund, Center for Gender and Refugees Studies, and
other advocates for - victims of violence have long advocated this kind
of move. The cautious position was laid out in a
legal brief from the - Department of Homeland Security (DHS) this spring
in the case of L.R., a Mexican woman who
requested asylum - because she feared her common-law husband would
kill her. The brief only recently became public.
- L.R. is a teacher whose husband repeatedly raped
her at gunpoint, held her captive, stole her
earnings, and tried to - burn her alive when he discovered that she was
pregnant. Local police dismissed her reports of
violence, and a judge - from whom she sought help tried to seduce her,
the court papers say. DHS did not recommend
immediate asylum for - L.R., but in its brief government lawyers
conclude that it is possible that L.R. and
other applicants who have - experienced domestic violence could quality for
asylum. That may open a narrow path for some
battered women to - receive asylum in the United States. The brief
argues that abused women who can show that they
are treated as - subordinates or property by their abusers, in a
country where domestic abuse is widely tolerated
and no institutions - provide protection, should be granted asylum. The
change does not affect women fleeing female
genital cutting, - whose cases have been accepted in the law since
1996.
86Gender Based Asylum (continued)
- At present, U.S. law requires that any applicant
for asylum or refugee status demonstrate a well- - founded fear of persecution based on race,
religion, nationality, political opinion or
membership in a - particular social group. Victims of gender-based
violence are often not persecuted for their race,
- religion, nationality or political opinion, so in
order to win asylum they need to be recognized as
- members of a social group. When the government
declines to find them to - be social group members, they are denied asylum
or left in limbo. - One such person is Rody Alvarado Peña, who came
to the United States from Guatemala in 1995 after
- suffering vicious abuse at the hands of her
husband for more than a decade. At age 16,
Alvarado - Peña had married a career soldier who raped and
beat her, broke mirrors over her head, caused her
- to miscarry, and beat her unconsciousness.
Divorce was impossible without her abusive
husbands - consent, and with no shelters or other supports
available, Alvarado Peña fled to the United
States. - She was granted asylum in 1996, but in the years
since immigration courts have made conflicting - rulings that left her in limbo.
87Special Immigrant Juvenile
- Under 21 and unmarried
- Committed to state custody (foster
care/guardianship) due to abuse, abandonment or
neglect - Eligible for long term foster care/no hope for
reunification - May apply for permanent residency
- Form I-360
88Legal Services
- International Center
- 806 Kenton Street
- Bowling Green, KY
- (270) 781-8336
- Catholic Charities
- Office of Immigration Services
- 2911 S. Fourth Street
- Louisville, KY 40208
- (502) 637-9097
- Kentucky Refugee Ministries
- 969B Cherokee Rd.
- Louisville, KY 40204
- phone 502.479.9180
- fax 502.479.9190
- Legal Aid of the Bluegrass
- 859-233-4558
89Additional Resources
- ASISTA, http//asistahelp.org/
- Family Violence Prevention Fund, www.endabuse.org
- Immigrant Legal Resource Center, www.ilrc.org
- Campaign to Rescue and Restore Victims of Human
Trafficking, www.acf.hhs.gov/trafficking
90Immigrant Women Workers Resources
- Sexual Harassment http//www.eeoc.gov/laws/types/
sexual_harassment.cfm (complaints, filing
deadlines) - Exploitation of Immigrant Women Workers
Injustice on Our PlatesImmigrant Women in the US
Food Industry, www.splcenter.org - KY Labor Cabinet http//labor.ky.gov/Pages/Labor
Home.aspx (wage and hour laws, filing a
complaint) - Language Access www.lep.gov (guidance,
resources, filing a complaint) - ICE Raids/Know Your Rights http//www.ilrc.org/f
or-immigrants-para-inmigrantes/know-your-rights - Immigration Protections for Victims
www.asistahelp.org (technical assistance,
resources)
91Questions?