Hispanic crime victims Training: Day 1

1. Hispanic crime victims Training: Day 1 Confronting Issues and Implementing A Culturally Competent Community Response to An Undeserved Community Presented By: Hispanic Coordinating Committee of the Houston County Community Response Team

2. WELCOME EVERYONE! You are a vital part of this outreach team and we would like to thank everyone for collaborating and wanting to be a part of this team! Thank you for being here this morning and for your interest in working with the Hispanic Community!

3. iNTRODUCTIONS • Please provide your name and the agency you work for. • What experience do you have working with the Hispanic community and/or victims? • What is your motivation for doing this work? • What is one thing you really want to learn in this training?

4. Cultural consideration, identity, and competency

5. Objectives By the end of this section you will be able to: • Asses your personal cultural identity. • Confront your own assumptions and stereotypes of diverse communities and immigrants. • Identify the “isms” we encounter in our work & how they impact services for diverse immigrant communities. • Describe the complexity and multiplicity of cultural identity of all immigrants. • Evaluate the differential impact social services, systems, and policies on diverse immigrant communities.

6. Diversity: Georgia Perspective • Georgia is the 6th fastest growing state in the country one of the 10 states experiencing a rapid growth in our immigrant population, consisting of 42% of the population in GA (U.S. Census Bureau, 2008). • Hispanic is most rapidly growing minority group in the nation increasing by 3.3% between 2006 and 2007. • 3.9% of residents in Houston County are Hispanic • This do not account for residents who do not report to the Census Bureau

7. “Level the Playing Field”Exercise Hold on as long as you can!

8. General Prejudice and Cultural Awareness discussion

9. Definitions • Oppression - the systematic exploitation of one social group by another for its own benefit, which involve institutional control, ideological domination, and the imposition of the dominant’s group culture and the oppressed group. • It’s different that biases, discrimination, prejudice and/or bigotry in the because: • It is pervasive- woven between social institutions and embedded in an individuals consciousness • It is restricting- structural limits significantly shape the persons life chances and sense of available control • It is hierarchical – dominant, privileged group benefit from the disempowerment of subordinate, targeted group • The dominant group has the power to define what is “normal”, “real”, or “correct”

10. Definitions Continued… • Prejudice – a positive or negative attitude toward a person or group, formed without just grounds or sufficient knowledge. • Discrimination – Unequal treatment of people based on their membership to a group. To treat a person on the basis of prejudgment about that specific group. • Racism – racial and cultural prejudice and discrimination supported by institutional power and authority, which this support from institutional authority or power differentiates racism from prejudice and discrimination.

11. Culturally-Sensitive serviceis not… Color Blindness: “I haven’t noticed that you are different. We are all human. We all have the same feelings. I don’t care if you are pink, purple or green.” • Presumably with good intensions to treat everyone equally, such overtures are sometimes made by services providers. However, the role of racial experience and cultural history cannot be dissolved into a pot of generic humanity. • Color Blindness is the services providers inability to understand and articulate these differences and in turn minimizes the role of culture in the individuals life. • An individual experiences in culture, language, and identity serve to filter and shape how a person perceives events and reacts to both small and large life-events.

12. Cultural sensitivitty cont… Cultural Idiosyncrasies: • Servicing culturally diverse victims is not to memorize rigid “do’s” and “dont’s”. This would be a stereotypical approach to a victim which is simplistic and harmful. • Instead, attempt to learn the significance of major cultural forms. An example is the meaning of the person’s practicing traditions. • The service provider can thus begin to gain an understanding of the culture and gain knowledge of the people from the perspective in which they see themselves rather than focusing on isolated behaviors and “unusual thinking”.

13. Working aSSUMPTIONS Culturally Competent Assumptions: • All cultures are contrary – values can be both oppressive and nurturing at the same time. • Each victim is not only a member of her/his community, but a unique individual with their own response. The complexity of a persons response is shaped by multiple factors. • Each individual comes into any encounter with cultural experiences and perspectives that might differ from those present in the system. • All institutions have to develop specific policies and procedures to systematically build cultural competence.

14. Discussion and Group Questions

15. Hispanic Victims Issues: The Inability to Independently Seek Services

16. Common Barriers Even though there is a gamete of available resources and protections for Hispanic crime victims, they may not seek such sources due to accessibility barriers. Identifying these barriers will allow us as service providers to assist Hispanic victims in accessing such available resources as well as assist in establishing better rapport and relationships with the Hispanic community.

17. bARRIERS Common Barriers include: • Language comprehension and inability to efficiently communicate concerns • Mistrust in law enforcement, government, and/or other authorities figures (due to past experience with authority figures from country of origin) • Possible victimization and involvement in organized crime (ex. prostitution, forced labor, extortion, and fraud) • Fear of legal status and deportation • Lack of knowledge regarding their rights and eligibility for benefits • Low acculturation and social isolation • Discrimination (both community and institutional) and resistance in the community

18. Institutional challenges to Hispanic victims Despite available resources to victims of crime, many agencies in the United States are not providing competent services to diverse immigrant populations. In order to change the system to better service Hispanic or other diverse victims, we need to recognize and identify the challenges and provide methods to solve such challenges.

19. Challenges Exercise Identify, list, and discuss possible barriers presented to Hispanic victims when they attempt to obtain services from the following agencies: • Battered Women’s Shelters or Help Centers • The Police • Hospitals • Social Services or Public Benefit Departments • Community Services

20. Common challenges Challenges include: • Lack of personnel trained or certified to work with specific populations. • Lack of bilingual staff or interpreter type services • Lack of available public transportation (rural communities) • Lack of translated documentation with alternative explanation specifically tailored in context in which diverse community can comprehend agency information.

21. Importance of Language accessibility • Services and legal protections are closed to victims without language access • Medical records, counseling records, police reports, and benefit applications with incorrectly interpreted information can: • Lead to “conflicts: between testimony and written records • Undermine victim/witness credibility • With no access, agencies may be violating federal law

22. Language Barriers Issues with language barriers can: • Limit access to benefits or services • Limit victims understanding and exercising legal rights • Hinder compliance with responsibilities • Limit understanding of other information provided by federally funded programs and activities for diverse and immigrant populations

23. True or False? Are the following statements true or false? If you get federal funding, you are mandated to have an interpreter for all clients to access your services. • Failure to provide appropriate language assistance to LEP (Limited English Proficiency) individuals may constitute discrimination based on national origin. • Using bilingual staff is best practice in providing language accessibility. • Using a friend or a family member accompanying to interpret is a safe practice

24. Title vi Under Title VI of the federal Civil Rights Act • Recipients of federal financial assistance have a responsibility to take reasonable steps to provide LEP individuals with meaningful access to their programs and activities. • Failure to provide appropriate language assistance may constitute a form of discrimination on the basis of national origin because they do not have access to the same benefits, services, information, or rights.

25. Strategies to Target and Reach out to Specific Populations • Identify language needs of client and record information in case file • Identify points of contact in the program were language access is needed • Identify resources that will be needed to provide effective language assistance • Identify location and availability of language resources • Identify and develop relationship with LEP community members • Identify and develop relationships with “non-conventional” leaders in LEP community • Provide linkage between service provider and immigrant community • Hire proficient and available bilingual staff.

26. Meeting Federal Requirements • Hire bilingual staff or interpreters who are trained, skilled and competent in providing interpretive services • Contact outside interpreters trained, skilled, and competent • Arrange formally for services of voluntary community interpreters who are trained and competent. • Arrange/contact for use of telephone interpreters • Translate intake forms • Provide uniform procedures for timely effective communication between staff and LEP individuals • Include translated statements about services in available brochures, booklets, and outreach materials.

27. Benefits for Undocumented Immigrants

28. Assistance Exercise Identify all possible forms of assistance, support, and help undocumented immigrants may be able to receive: • State government funded • Federal government funded • Resources provided in kindness • Funded from other sources

29. All Immigrant Victim Regardless OF Status can Access: • Police Assistance • Have Abusers Criminally Prosecuted • Legal Services and Access to Federal Protections (VAWA, U-VISA, T-VISA) • Emergency Medicaid • Protective Orders • Child Custody and Support • Shelter • Transitional Housing

30. Attorney General List of REQUIRED Services to ALL IMMIGRANT • Crisis counseling and intervention • Child and adult protective services • Violence abuse and prevention • Victim assistance • Treatment of mental illness or substance abuse • Community food banks or soup kitchens • Short-term shelter, emergency, and/or transitional housing • Senior nutrition programs for those requiring special assistance.

31. When Children qualify but parents do not: • 1 in 5 children (20%) in the U.S. is the native or foreign-born child of an immigrant. • Immigrants who do not qualify themselves can file for their children who are: • U.S. citizens • Lawful permanent residence • Qualified immigrants • If a child qualifies for benefits, the benefit granting agency may only ask questions about the child’s eligibility. • No questions may be asked about the immigration status of the child’s parent if the parent is not applying for additional benefits for themselves

32. Discussion Scenario:Ana and Jorge Case Questions: • What do you think is going on with Ana? • What kind of approaches will be helpful with Ana? • What are Ana’s needs and how would you respond to her? • How would you deal with Jorge and his mother? • How dangerous is Jorge? • What approaches might be helpful with him and his mother?

33. Time for Reflection and discussion! Any questions, concerns, or anything anyone would like to add about today’s topics?

34. Hispanic crime victims Training: Day 2 Confronting Issues and Implementing A Culturally Competent Community Response to An Undeserved Community Presented By: Hispanic Coordinating Committee of the Houston County Community Response Team

35. WELCOME AGAIN EVERYONE! We again want to thank you for coming to our second and final day of training! You are a vital part of this outreach team and we would like to thank everyone for collaborating and wanting to be a part of this wonderful innitiative! Thank you for being here this morning and for your interest in working with the Hispanic Community! We are almost there!

36. Immigration relief for immigrant victims and their children

37. Children in Immigrant fAMILIES • 85% of immigrant families are of “mixed status” including at least 1 U.S. citizen, often a child. • 1 in 5 children is the child of an immigrant • 18% (5 and older) speak a language other than English at home

38. The Power of Control Over IMMIGRANT STATUS • Of those married to a citizen or lawful resident spouse who could have filed legal immigration papers • 72.3% never file immigration papers • The 27.7% who did file had a mean delay of 3.97 years • U.S. citizen current and or former spouse abuse rate rises to 59% • Almost three times the national rate.

39. Research among immigrant women • Similar results lifetime abuse rates for immigrant women in the U.S. (33 - 50%) • Immigrant women also have high rates of sexual assault particularly in during the first two years after arriving in the U.S. • Victimization of immigrant children also include child sexual abuse • NIJ Research found that 85% of immigrant victims report some for of immigration related abuse

40. Why is immigration relief critical for immigrant survivors?

41. Importance for IMMIGRATION RELIEF • Ability to work legally • Improved ability to win custody and protect children • More access to protective orders • Breaks isolation from abuser • Protection from deportation and removal • Better access to housing and federal and state benefits • Pathway to lawful permanent residency and ultimately citizenship.

42. Immigration relief and potential remedies • Application to DHS • VAWA (Violence Against Women Act) self petition • U-Visa (Domestic violence or Sexual assault victims) • T-Visa (Trafficking victims) • Asylum (Persecution based on protected classes) • Forms of relief from removal – granted by Immigration Judge • VAWA cancellation of removal • VAWA suspension of deportation

43. General VAWA Self-petitioningrequirements • Victim was subjected to Battery or Extreme Cruelty • By a U.S. citizen or Permanent Resident • Spouse • Parent • Adult son/daughter (over 21) • With whom self-petitioner resided • Displays Good Moral Character • Displays Good Faith Marriage

44. “Battery and Extreme Cruelty” • “[B]eing the victim of any act a threatened act of violence, including any forceful detention, which results or threatens the result in physical mental injury.” • “Psychological or sexual abuse or exploitation, including rape, molestation, incest, or forced prostitution shall be considered acts of violence.” • Other abusive actions may also be acts of violence under this rule. Acts or threatened acts that , in and of themselves, may not initially appear violent may be part of overall pattern of violence” 8 C.F.R. § 204.2(c)(1)(vi)(2005)

45. Proof of Extreme cruelty and battery • Medical records • Police reports • Emails, notes, letters, and voicemails of threats • Counselor reports • Mental health provider reports • Petitioner’s declaration • Witness declaration • DV service providers reports • Protective orders • Criminal court records • Photos of injuries and damaged property

46. Factors Constituting Extreme Cruelty • Social Isolation • Intimidation • Economic Abuse • Employment Related Abuse • Immigration Related Abuse (Mishandling of Papers) • Threats to: • Kill or cause bodily harm • Harm children or family member • To take away children • To take away money

47. U-visa Immigrant Crime Victims Visa Requirements: • Substantial physical or emotional abuse from criminal activity • Possesses information about criminal activity for investigative purposes • Criminal activity must have occurred in U.S. or otherwise violate U.S. law • Victims has been, is likely to be, or is being helpful to an investigation or prosecution of criminal activity.

48. Criminal activity coveredunder the u-visa • Rape • Torture • Trafficking • Domestic Violence • Sexual Assault (Adult and Child) • Prostitution • Involuntary Servitude • Murder • Felonious Assault • Witness Tampering • Extortion • Blackmail • Slave Trade • Being Held Hostage • Kidnapping • Abduction • Peonage • False Imprisonment • FGM • Perjury • Attempt, Conspiracy, or Solicitation to Commit Crimes

49. u-visa“Physical and Mental Abuse” • Injury or harm to victim’s physical person • Impairment of the emotional or psychological soundness of the victim • Nature of injury inflicted or suffered • Severity of the perpetrator’s conduct • Severity of harm suffered • Duration of the infliction of harm • Considers the severity of the perpetrator’s conduct even if the actual impact is less than intended by the perpetrator

50. Certification of U-VISA • Required for application process • Signed by agency responsible for detection, investigation, or prosecution of criminal activity • Certification includes: • Criminal activity occurred • Victim has been, is being, or is likely to be helpful in investigation • Who can certify? • Police officer ---- Immigration Officer • Prosecutor ---- Judge • Other authority figures responsible for investigation and prosecution of criminal activity (ex. Child Protective Services, Department of Labor, EEOC) • Investigation or Prosecution includes: • Detection, Investigation, Prosecution, Sentencing, or Conviction