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Jul 21, 2010
DV and the Arizona Immigration Law
The Arizona immigration legislation SB1070 has been the subject of much criticism and debate. Politicians, NGOs, and citizens alike are speaking out on the harmful effects of the bill, as well as the many unintended negative consequences. While racial profiling tops the list of complaints about SB1070, the law’s negative impact on immigrant victims of abuse must be addressed.
The proposal was signed into law on Friday, April 27th with the intention of identifying, prosecuting and deporting illegal immigrants. The law allows police officers to ask anyone they suspect of being in the U.S. illegally to present an alien registration card. The law not only targets immigrants, it also criminalizes transporting, harboring, concealing, or shielding an illegal alien in Arizona by any means. These acts are punishable by fines of at least $1,000.
This second provision—transporting or harboring an illegal alien—is the biggest impediment to helping victims of domestic violence, according to attorneys Joanna McCallum and Christopher DuPont from Legal Momentum. They are the defense team from a prominent legal defense and education fund that advocates for the rights and advancement of women and girls. They argue that criminalizing the concealment or transport of an illegal alien prevents advocates from women’s shelters and rape crisis centers from helping victims of domestic abuse and rape. Advocates cannot offer shelter, bring alien victims to court meetings with prosecutors, or even to the hospital for treatment of life-threatening injuries. The law provides no protection for domestic violence shelter workers (though there are exceptions for child protective services and first responder emergency workers).
This provision is particularly troubling because it denies illegal aliens who are victims of domestic abuse from the federal protections granted to them under the Violence Against Women Act (VAWA). According to VAWA, non-citizen victims of domestic violence can petition for lawful permanent residence, cancel an impending deportation, or apply for a U Visa, which would allow them to remain in the USA if they assist the police in prosecuting their abuser. (The U Visa is designed for noncitizen crime victims who (1) have suffered substantial physical or mental abuse from criminal activity; (2) have information regarding the criminal activity; (3) assist government officials in the investigation or prosecution of such criminal activity; and (4) the criminal activity violated US law or occurred in the United States or its territories.) The Arizona immigration law undermines all these federal protections—police could detain abuse victims before they are informed of their rights under VAWA, and fine any case worker who attempts to give the woman advice on their legal rights.
These discriminatory practices may be spreading. In Albuquerque, New Mexico homeless shelters and domestic violence victims cannot legally allow illegal aliens fleeing abuse to stay in their facilities. What is worse, tthe federal immigration officials share resources with the local police department. New Mexico is one of 26 states to have such an agreement that delegates immigration control to local police agencies. This acts as a strong disincentive for abuse victims to report their abusers to police, for fear of being instantly deported.
Legal Momentum is not the only established initiative combating SB1070. Phoenix Mayor Phil Gordon is bringing a lawsuit against the state to stop SB1070, featuring Colombia musician Shakira as the spokeswoman for the lawsuit. In an interview with E-News Shakira said, “I wasn't born in this country, and I know what a great country this is. It depends greatly on creating union, not division, and I think this law will create chaos and create division instead of progress and union, and I don't think it's fair.”
Despite receiving threats, Governor Gordon pledged to fight the law until it is changed: “This is America, this is Arizona, this is 2010. We are not going backwards, we need to go forward. We will fight this.”
Here are seven ways you can stop SB1070 in Arizona.
The proposal was signed into law on Friday, April 27th with the intention of identifying, prosecuting and deporting illegal immigrants. The law allows police officers to ask anyone they suspect of being in the U.S. illegally to present an alien registration card. The law not only targets immigrants, it also criminalizes transporting, harboring, concealing, or shielding an illegal alien in Arizona by any means. These acts are punishable by fines of at least $1,000.
This second provision—transporting or harboring an illegal alien—is the biggest impediment to helping victims of domestic violence, according to attorneys Joanna McCallum and Christopher DuPont from Legal Momentum. They are the defense team from a prominent legal defense and education fund that advocates for the rights and advancement of women and girls. They argue that criminalizing the concealment or transport of an illegal alien prevents advocates from women’s shelters and rape crisis centers from helping victims of domestic abuse and rape. Advocates cannot offer shelter, bring alien victims to court meetings with prosecutors, or even to the hospital for treatment of life-threatening injuries. The law provides no protection for domestic violence shelter workers (though there are exceptions for child protective services and first responder emergency workers).
This provision is particularly troubling because it denies illegal aliens who are victims of domestic abuse from the federal protections granted to them under the Violence Against Women Act (VAWA). According to VAWA, non-citizen victims of domestic violence can petition for lawful permanent residence, cancel an impending deportation, or apply for a U Visa, which would allow them to remain in the USA if they assist the police in prosecuting their abuser. (The U Visa is designed for noncitizen crime victims who (1) have suffered substantial physical or mental abuse from criminal activity; (2) have information regarding the criminal activity; (3) assist government officials in the investigation or prosecution of such criminal activity; and (4) the criminal activity violated US law or occurred in the United States or its territories.) The Arizona immigration law undermines all these federal protections—police could detain abuse victims before they are informed of their rights under VAWA, and fine any case worker who attempts to give the woman advice on their legal rights.
These discriminatory practices may be spreading. In Albuquerque, New Mexico homeless shelters and domestic violence victims cannot legally allow illegal aliens fleeing abuse to stay in their facilities. What is worse, tthe federal immigration officials share resources with the local police department. New Mexico is one of 26 states to have such an agreement that delegates immigration control to local police agencies. This acts as a strong disincentive for abuse victims to report their abusers to police, for fear of being instantly deported.
Legal Momentum is not the only established initiative combating SB1070. Phoenix Mayor Phil Gordon is bringing a lawsuit against the state to stop SB1070, featuring Colombia musician Shakira as the spokeswoman for the lawsuit. In an interview with E-News Shakira said, “I wasn't born in this country, and I know what a great country this is. It depends greatly on creating union, not division, and I think this law will create chaos and create division instead of progress and union, and I don't think it's fair.”
Despite receiving threats, Governor Gordon pledged to fight the law until it is changed: “This is America, this is Arizona, this is 2010. We are not going backwards, we need to go forward. We will fight this.”
Here are seven ways you can stop SB1070 in Arizona.
- Call Governor Jan Brewer’s office: Tell her to veto the bill. Tel: 1-(800) 253-0883
- Send an email to the Governor
- Post a message on the Governor’s website
- Fax a letter: (602) 542-1381
- Sign Petitions: NNIRR/Presente petition
- Spread the word on Facebook and organize others
- Participate in upcoming events and/or organize your own!
This article is part of a series by passionate allies for the cause. The author is Sara Aucker, a 2010 Becky's Fund intern.