2010 National District Attorneys Association 20 th Annual National Multidisciplinary Conference on DV presentation on

1. 2010 National District Attorneys Association 20th Annual National Multidisciplinary Conference on DV presentation on “Working with Immigrant Survivors of Domestic Violence Wanda Lucibello Chief, Special Victims Division Office of the District Attorney of Kings County & Gail Pendleton Co-Chair, Asista Immigration Technical Assistance Project Co-Chair, National Network to End Violence Against Immigrant Women

2. Introduction • Battering is the leading cause of injury to women in the U.S. and affects women of every race, culture, economic class & sexual orientation. • Domestic violence is an escalating pattern of abuse where one partner in a relationship controls another through force, intimidation or threat of violence. • Immigrant women who are battered share all the problems of non-immigrant women abused by their partners. However, these problems are magnified many times by factors related to immigrant status.

3. IMMIGRATION STATUS Issues facing documented and undocumented aliens. Fear of deportation. Institutional bias. CULTURAL CONCERNS Language. Impact of community reaction. Religious beliefs. Ability to divorce. Availability of family support. Isolation. ‘Culture Shock’. Access to resources, knowledge of U.S. system. Experience of systems of authority in country of origin. Fear of police and justice system ECONOMIC DEPENDENCY & EMPOWERMENT Access to work authorization. Access to public benefits. Language skills and education level. Requirement to provide income for family in home country. CHILDREN Belief that partner will abduct children to another country. Lack of knowledge of family or civil law proceedings. Unique Issues

4. Working With Refugee, Immigrant & Migrant Battered Women • Focus on her strengths, not her weaknesses. • Develop a thorough understanding of issues involved. Take time to address her concerns. • Who and where are her support systems. • Provide information on remedies available. • Provide access and referrals to agencies and professionals who can assist with legal and social service needs. • Work to ensure that the institution/agency is responsive to the special needs of this population. • Support legislation that addresses the needs of refugee, immigrant and migrant battered women.

5. Why Culturally Competent Services? • New York City Department of Health study • Among Hispanic victims, killings more likely committed by intimates. • Asian women - 7% killed by an intimate vs. 4% by non-intimate. • White victims - skewed the other way - 37% victims of intimate, vs. 63% victims of non-intimates.

6. Brooklyn Family Justice Center • Partnerships with on-site no-for-profit organizations serving underserved populations • Tamkeen: Works with Arabic Women • Substantially increased our client visits of Arabic and Muslim women • Thirty U Visa applications over three year period • Asian Women’s Center • Each day of the week represents a different language

7. Brooklyn Family Justice Center Foreign Born Clients Country of Origin - Most Frequently Indicated: • Mexico • Trinidad & Tobago • Jamaica • Dominican Republic • Russia • Haiti • Guyana • China

8. Brooklyn Family Justice Center • Importance of partnering with nonprofit victim advocates which reflect the cultural and linguistic needs of the community: Tamkeen (Arabic), Dwa Fanm (Haitian Creole). NYAWC (Asian), JBFCS (Russian), Met Council (Hebrew) • VSU/KCDA – Project NYET, early outreach program, Project Eden

9. Brooklyn Family Justice Center • Importance of on-site civil legal immigration services provided by Sanctuary for Families (SFF) at the FJC – U Visas, Self-Petitions, Battered Spouse Waiver • Importance of multi-lingual staff and Language Line • FJC Key Documents are now available in 7 key languages [Arabic, Bengali, Chinese, Haitian-Creole, Korean, Russian and Spanish), 6 more languages will be added in Spring 2010.

10. Successes • Homicide Reduction: • In 2006, homicides reduced by 30% while adjacent jurisdiction increased by same amount

11. Barrier Free Justice–Sexual Assault and Domestic Violence • Partnership with the only shelter in NYC fully accessible to folks with disabilities. • Partnership with family court lawyers • Increased numbers of people who access our office through prosecution.

12. Central Brooklyn Task Force • Reached over 9,000 people • Partnership with DWA Famn, a Haitian supportive services network. • Increased substantially the numbers of victims reporting to the police.

13. Prosecutorial Results • Approximately 17% fewer dismissals of cases when victims spoke with social workers within 24 hours of arrest. • Approximately 6% fewer dismissals when social workers spoke with victims after 24 hours but before the first court date. • Approximately 75% resulted in corroborating affidavits when social worker intervention took place within 24 hours of arrest. • Approximately 15% of these cases were ultimately dismissed.

14. A Few Immigration Concepts Immigrants & Nonimmigrants Immigrating family members “Noncitizens” Who is Undocumented?

15. How Immigration System Works • DHS: Department of Homeland Security • CIS: Citizenship and Immigration Services • Administrative applications for “benefits” • ICE: Immigration and Customs Enforcement • Investigation/Enforcement inside US • Detention & removal • CBP: Customs and Border Protection • Enforcement coming into US • Airports, border, 100 miles inside border • EOIR: Executive Office for Immigration Review

16. What Congress Has Done • Access to public benefits • Access to legal services • Access to services =Limited English Proficiency Civil Rights Requirement • If you get federal $$$ must have a plan

17. Congress -- Special Options Special Immigrant Juveniles Conditional Residence Waiver Self-petitioning & Cancellation U & T Visas Self-petitioning for parents of US citizens Work authorization for nonimmigrant spouses

18. U Visa Purpose • Strengthen investigation and prosecution • Protect victims of crime

19. U Visa Crimes Abduction Unlawful criminal restraint False imprisonment Blackmail Extortion Manslaughter Murder Felonious assault Witness tampering Obstruction of justice Perjury or attempt, conspiracy, or solicitation, to commit any of the above mentioned crimes • Rape • Torture • Trafficking • Incest • Domestic violence • Sexual assault • Abusive sexual contact • Prostitution • Sexual exploitation • Female genital mutilation • Being held hostage • Peonage • Involuntary servitude • Slave trade • Kidnapping

20. How to Analyze Crimes • List of qualifying crimes is “general categories” not what crime is titled • What is example of DV crime not called DV? • Law enforcement (LEO) may investigate qualifying criminal activity though they charge something else: examples? • Prosecution may be for the non-qualifying criminal activity alone: example of when this happens?

21. Certification: Applicant. . . Is a victim of a qualifying crime Possesses info on the crime Is being, has been or is likely to be helpful NOT substantial abuse and not LEO’s job to decide this = CIS’ job NOT admissible, so crimes by victim do not preclude cert; CIS will decide later

22. Key Evidence = Certification • Certification by LEO is essential • If not enumerated crime, LEO must explain on form or attachment why cited crime fits an enumerated category based on the facts • If LEO investigated many crimes, should cite qualifying crime and explain why charged something else • Supply copy of qualifying crime statute

23. Helpfulness: Certification is Key • Victim “has been, is being, or is likely to be helpful” in investigation or prosecution • INA § 101(a)(15)(U)(i)(III) • Cannot refuse or fail to provide reasonably requested info or assistance • New 8 CFR § 214.14(b)(3) • CIS may contact the Certifying Official • Certifying official can withdraw the LE Certification

24. What is Helpfulness? • Helpfulness can be defined many ways. • A phone call? • Providing pictures? • Enough to write a report? • Enough to make a case? • Case does not need to be filed.

25. Who can certify? The Law says Police officers Prosecutor Judge DHS Officer State or Federal Agency Employee

26. The Regs Say. . . • Must be head of certifying agency, or supervisory person, or specially designated by head of certifying agency (call them the “U supervisor”) • Other agencies that may certify: • Child Protective Services • Equal Employment Opportunity Commission • Department of Labor

27. What Victims & What to Do? • Who do you see now that may qualify? • How can you help? • Who do you need to connect with in your community?

28. Outreach OUTREACH TO COMMUNITIES • Radio stations for specific ethnic audiences • Newspapers • – small, local, language-specific • Salon Project: “Cut-it-Out” • Cosmetologists trained to recognize DV in clients and refer them to service.

29. Disclosure Issues • U-Visa Certification: Protection for victims of designated crimes from being preyed upon by criminals who target and exploit un-statused victims in order to silence them from using the justice system. • Disclosure: What is the state of law in your jurisdiction?

30. New York State: People v. Colon13 NY 3rd 343, 2009 • Court of Appeals refers to the prosecutor’s duty to disclose assistance in relocation of witness’s grandparents, among other “benefits”.

31. Disclosure Issues • Witness Prep is crucial • U-Visa Certification not a guarantee of status • Subject to federal scrutiny • Requires extensive documentation • Voir Dire is crucial • Motion in Limine • Timing and Wording of disclosure

32. The Tough Questions • Quid pro quo problem? • Ways to address institutionally? • Answering re credibility • Your role is limited • DHS decides status, not you • Applicants must prove other things • Not signing in exchange for testimony

33. Resources • For latest updates and information • Asista Immigration TA (OVW funded) • www.asistahelp.org • questions@asistahelp.org • Gail.l.pendleton@gmail.com