Barriers and Remedies for Asian Victims of Violence SAHELI

1. Barriers and Remedies for Asian Victims of ViolenceSAHELI

2. Map Of Asia

3. Facts about Asia & Asians in Texas • 48 countries • 2,197 languages are spoken around Asia according to Linguistic Society of America • Asians represent 3.8% of the population in Texas (Source: U.S Census Bureau) • Predominant groups include: Indians, Chinese, Filipino, Japanese, Korean, Vietnamese

4. Challenges Facing Immigrants • Immigrants commonly experience challenging or distressing circumstances in their home countries, during migration, and/or after resettling in the U.S. • They may leave their country of origin to escape extreme poverty, war, or human rights abuses. • For some, the migratory journey itself is a physical and mental hardship. • In their new communities, immigrants face challenges adjusting to a new environment.

5. Immigrant Stressors Stressors may include: • learning a new language • adapting to a new culture • navigating new institutional systems • securing housing and employment • encountering prejudice or discrimination • mediating their ties with their ethnic community and their acculturation into American life (American Psychological Association)

6. Additional Stressors Historical Social Political

7. Lifetime Spiral of Gender Violence

8. Immigrant Power and Control Wheel

9. Immigration As Control Mechanism • Threats to take away children • Not filing immigration application • Refusing to support family in home country • Misinformation about the legal system • Threats of deportation • Isolation from community and family • Refusing to allow victim to learn English • Forcing victim to work illegally and then threatening to call UCSIS.

10. Barriers Facing Immigrant Survivors of Domestic Violence Cultural Structural Economic Institutional

11. Cultural Barriers • Collectivism • Collectivistic vs. Individualistic society • Honor and Shame • Family honor • Keep it quiet • Not air dirty laundry in public • Taboo Topics • Dating • Sex • Sexual abuse • Rape

12. Cultural Barriers • Entrenched Male Privilege • Husband as head of the family and sons/brothers having control over the women in the family • Religion • Divorce is not condoned • Obey your husband/husband is God • Family Structure and the Extended Family • Multiple batterersin the home, particularly in-laws • Push & pull factorswhere women experience being pushed out of the relationship

13. Structural Barriers for Victims • Language • Misperception of law enforcement and legal system • Lack of understanding of the role of social services • Fear of deportation

14. Limited English Proficiency • Most immediate obstacle that prevents battered immigrants from obtaining the needed social and legal services • Lack adequate language skills/correct vocabulary to communicate need • Abuser working as the interpreter • Children being used to interpret

15. Misperception of Legal System Immigrants may perceive law enforcement and the legal system to be: • Tyrannical • Abusive • Corrupt • Not trustworthy

16. Misunderstanding of Social Services • Lack of awareness about the existence of social service organizations • Unfamiliarity with the role of these organizations • Distrust of the motivation of such agencies

17. Fear of Deportation • Immigrants may be unsure of their immigration status • Not aware of their rights and privileges • Fear risk of deportation if they call the police for help • Batterers use this as a method of control

18. Economic Barriers • Often victims do not seek help because they believe they believe they cannot afford services • Income is needed to support family in home country • May be working illegally • Peonage • Involuntary servitude

19. Institutional Barriers Service providers lack understanding of the immigrants’ cultural norms May not have funds to provide interpreters

20. Remedies Available to Immigrant Victims Of Crime

21. Institutional Remedies Civil Rights Act of 1964—Title 6 • Executive Order 13160: Nondiscrimination on the basis of Race, Sex, Color, National Origin, Disability, Religion, Age, Sexual Orientation, and Status as a Parent in Federally Conducted Education and Training Programs • Executive Order 13166: Improving Access to Services for Personswith Limited English Proficiency

22. Legal Remedies • Protective Orders • VAWA – Violence Against Women Act • U-VISA – Crime Victim’s Visa • T-VISA – Human Trafficking • Asylum

23. VAWA: Violence Against Women Act • Drafted by Senator Joe Biden and signed into law in 1994 by President Bill Clinton • First major legislation to appropriate significant federal funding to programs • Reauthorized in 2000 • First significant focus on barriers for immigrant victims and increased resources for immigrant victims • Reauthorized in 2005 • Heavy emphasis on underserved communities

24. VAWA Requirements • Survivors of family violence (men & women) • Married to USC or LPR • Children & parents of abusive USCs & LPRs • Resided together • Suffered physical, psychological, and/or sexual abuse by spouse • Good moral character

25. U-Visa Requirements • Victim of qualifying criminal activity • Possesses crime information • Has been, is being, is likely to be helpful in investigation or prosecution of the crime (certification) • Crime occurred in the U.S. or violated U.S. law

26. U-Visa Qualifying Criminal Activity • Rape • Torture • Trafficking • Incest • Domestic Violence • Sexual Assault • Abusive sexual conduct • Prostitution • Sexual exploitation • Female genital mutilation • Being held hostage • Peonage • Involuntary servitude • Slave trade • Kidnapping • Abduction • Unlawful criminal restraint • False imprisonment

27. U-Visa Qualifying Criminal Activity • Blackmail • Extortion • Manslaughter/Murder • Felonious assault • Witness tampering • Obstruction of justice • Perjury **Includes attempts, conspiracy, or solicitation to commit any of the above

28. T-Visa Requirements Is/has been victim of severe form of human trafficking • Sex trafficking in which a commercial sex act is induced by force, fraud or coercion, or in which the person induced has not attained 18 years of age • The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery

29. T-Visa Eligibility Requirements • Physical presence in the U.S. • Compliance with any reasonable request for assistance in the investigation or prosecution of acts of trafficking • Alien would suffer extreme hardship involving unusual and severe harm upon removal

30. Asylum • Very rarely used • Has to be part of a Persecuted Social Group • Current administration has opened new doors for battered women

31. Advocate Preparedness • Acknowledge advocate discomfort • Analyze own misconceptions, stereotypes and projections about sexual violence • Address lack of language or vocabulary skills • Learn history of client’s ethic group to identify barriers faced by the client • Anticipate what community responses can be expected based on cultural norms, e.g. victim blaming, being forced to marry rapist

32. Advocate Preparedness • Anticipate what community attitudes will be towards perpetrators • Prepare to counter cultural defenses that justify violence against women • Be prepared to face barriers and ostracism within own community in terms of bring up the issue of sexual violence

33. SAHELI • Support • Advocate • Heal • Empower • Listen • Inform Hotline 1.877.281.8371