Immigrant Issues Impacting Older Adults

1. Immigrant Issues Impacting Older Adults Philadelphia District Attorney’s Office Victim Witness Services Unit HIAS Pennsylvania Domestic Violence Project

2. Speaker Information Matthew Chea Victim/Witness Coordinator South Bureau Division/ Southeast Asian Project Victim/Witness Unit Philadelphia District Attorney’s Office 215-686-8034 matthew.chea@phila.gov

3. Speaker Information Lisa Hurlbutt, Staff Attorney Domestic Violence Project HIAS Pennsylvania 215-832-0900 lhurlbutt@hiaspa.org

4. What is immigration? Immigration is the movement of people from one country or region to another in order to make a new home.

5. Immigrants come into the U.S. for many reasons: • Unjust social structure • Civil war • Poverty • Political persecution • Family violence

6. Immigrant Victims Immigrant victims have unique needs and concerns that distinguish them from nonimmigrant victims.

7. Immigrant Victims Victim service providers need to be aware of the following issues when working with immigrant victims: Victimization is often connected to immigration status and culture; and Immigration status and culture may prevent victims from seeking protection.

8. Victimization is often connected to immigration status and culture In a family violence context: Victim fears the criminal justice process because assailant knows his/her status; Abuser controls victim by threatening deportation, and/or refusing to follow through with immigration applications; Documented abuser commits economic abuse through his/her ability to work lawfully as undocumented victim cannot work or access public benefits; Abuser obstructs newer arrival victim’s orientation to the USA and ability to make community connections (i.e. Abuser is the only connection to the community due to language); Abuser justifies abuse based on cultural assumptions (i.e. gender roles)

9. Immigration status and culture may prevent victims from seeking protection • Fear of authorities or deportation; • Lack of understanding of legal system; • Reliance on abuser for economic support and housing; and/or • Pressure on the victim not to seek help outside the community to preserve the family unit.

10. Common concerns for victims/witnesses involved in the criminal justice system • Immigration concerns • Language barriers • Lack of understanding of legal system and existence of services • Fear of government and law enforcement • Fear of retaliation • Cultural barriers • Culture of shame • Educational materials available only in English • Translation issues

11. Culturally competent communication Rapport building Use of titles Eye contact Facial expressions Tone of voice Body language/posture/distance Preferences regarding directness/indirectness Acceptable ways to get more information/ask for clarification Acceptable ways to make/grant/deny requests Acceptable/unacceptable emotions to express Acceptable ways to express emotions

12. Other cultural considerations Relationships to others (i.e., individualistic vs. collectivistic, or community-oriented) Family structures (i.e., hierarchies, or expectations between family members) Relationships to authority Concepts of justice Ideas of privacy Taboo subjects Accepted/preferred communication practices (i.e. greetings and introductions)

13. Language/Interpreter issues • Use a qualified, competent interpreter : • PA Supreme Court Interpreter Program http://www.pacourts.us/T/AOPC/ CourtInterpreterProg/InterpreterRoster.htm • Make sure that client is comfortable with his/her interpreter (i.e. Female clients may prefer to discuss sensitive issues with a female interpreter) • Check for conflicts, particularly if the client is from a small immigrant community

14. Language/Interpreter issuesexample 1 • A robber burglarized a home of an elderly Chinese woman, bound her, and placed her feet into two glass jars to immobilize her. After the robber escaped with the stolen items, the victim broke the jars and called her children to report the crime. The victim’s children then called police. The victim spoke a rare dialect and the court had to hire an special interpreter from NYC to assist her.

15. Language/Interpreter issuesexample 2 • An elderly theft victim came to court with his son, who spoke English. The son stated that his father needed a Cantonese interpreter. The interpreter came and stated that the victim preferred another language. Although the victim was ethnically Chinese, he was born in Cambodia, spoke several different languages, and he was more comfortable with Cambodian.

16. Types of Immigration Status U.S. Citizen (USC) Lawful Permanent Resident (LPR) Nonimmigrant (e.g. visitor, student) Other Undocumented Entered without inspection (EWI) or fraudulently Overstayed time authorized by visa Violated conditions of visa/visa revoked

17. How Do You Become aPermanent Resident? Family Petitions Employment Petitions Diversity Lottery Visa Humanitarian Petitions Including options for domestic violence and crime victims Other ways

18. Removal Proceedings Removal proceedings are to decide if a foreign national should be deported from the U.S. Who could be put in removal proceedings? What is the process? How do you avoid removal?

19. U.S. Immigration System Structure

20. Immigration Protections for non-citizen victims of interpersonal violence I-360 Self Petition for battered spouse/child/parent of USC or LPR * I-751 Petition to Remove Conditions on Residence (get 10 yr card) based on divorce or extreme cruelty/battery U Visa for victims of crime in the U.S. * T Visa for victims of trafficking VAWA-based Cancellation of Removal Gender – based asylum Special Immigrant Juvenile Petition

21. VAWA Self Petition • Available to: • Abused spouse of USC or LPR in a good faith marriage • Abused child under 21 (in some cases 25) of USC or LPR • Abused parent of USC age 21 or older • Must file with TWO YEARS of divorce, death, or abuser loss of status due to domestic violence • Leads to permanent status without abuser participation

22. U Visas • Available for victims of certain crimes who cooperate with law enforcement • Crimes include: • “domestic violence,” aggravated assault, sexual assault/rape, unlawful restraint/false imprisonment, blackmail/extortion, more • Must have suffered “substantial abuse” due to crime • Status lasts 4 years, must apply for permanent residence after 3 years

23. Confidential Process • The law protects the confidentiality of all VAWA and U visa petitions • Immigration may not rely on negative evidence provided by the abuser • Immigration may not disclose the existence or contents of this application • No requirement that the victim leave the relationship or household

24. What Could Be a Problemfor VAWA or U Visas? Red Flags Do not assume clients are not eligible Many special waivers and exceptions exist Always consult with an expert before filing!!

25. Talking to Victims About Immigration • Issue can be sensitive and frightening • If possible broach the subject once rapport is established • If you ask once the case is opened, explain why you are asking (determining possible relief) • Do not assume anything about immigration status

26. How Can I Help With Victims’ Immigration Issues? • Consider whether your clients may be eligible for immigration relief • Refer clients to REPUTABLE immigration service providers • HIAS, Nationalities Service Center, Esperanza, for e.g. • Help clients collect documents and other evidence to support their applications, explain to them attorney’s role

27. Should your non-citizen clients have police contact? It depends… Police in Philadelphia are not supposed to ask about victim’s immigration status In court, victims can be asked about immigration status by defense attorneys Any police contact can result in client being placed in removal (deportation) proceedings If possible, have client consult with immigration legal representative prior to calling police If client is in immediate danger, advise to call police Advocate for meaningful language access Help your clients know their rights Police contact can sometimes create a path to legal immigration status through a U or T visa

28. Fatou’s Case “Fatou” is originally from Morocco. Her native language is Arabic, but she also speaks French. She is illiterate. She is 65 years old and lives with her son – a US Citizen –his pregnant wife, and their three children. She came to the United States originally as a visitor in 2010 with a six-month authorized stay. She planned to return to Morocco after three months. However, her health began to deteriorate, making travel difficult, and she decided to stay to access health care here and to help her son and his wife with child care. She lacks health insurance. In the last several months, Fatou’s son has become stressed and upset about the cost of supporting his mother along with his growing family. He won’t take her to her medical appointments or help her with her medical bills. During a recent argument, her son pushed her and grabbed her by the arms, leaving marks. He has also threatened to hit her, waving his fists around her head. He threatens to have her deported if she tells anyone or calls the police. He insists that he does not have the money to sponsor her for immigration status. What concerns might Fatou have about seeking protection from the police or courts? What immigration options might she have?