04/22/23

Immigrant Issues Immigrant Issues Impacting Older AdultsImpacting Older Adults

Philadelphia District Attorney’s OfficePhiladelphia District Attorney’s OfficeVictim Witness Services UnitVictim Witness Services Unit

HIAS PennsylvaniaHIAS PennsylvaniaDomestic Violence ProjectDomestic Violence Project

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Speaker Information

Matthew CheaVictim/Witness Coordinator

South Bureau Division/Southeast Asian Project

Victim/Witness UnitPhiladelphia District Attorney’s

Office215-686-8034

matthew.chea@phila.gov

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Speaker Information

Lisa Hurlbutt, Staff AttorneyDomestic Violence Project

HIAS Pennsylvania215-832-0900

lhurlbutt@hiaspa.org

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What is immigration?What is immigration?

Immigration is the movementImmigration is the movementof people from one countryof people from one country

or region to another in orderor region to another in orderto make a new home.to make a new home.

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Immigrants come into Immigrants come into the U.S. for many the U.S. for many

reasons:reasons:Unjust social structureUnjust social structureCivil warCivil warPovertyPovertyPolitical persecutionPolitical persecutionFamily violenceFamily violence

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Immigrant VictimsImmigrant victims have Immigrant victims have uniqueunique

needs and concerns thatneeds and concerns thatdistinguish them fromdistinguish them fromnonimmigrant victims.nonimmigrant victims.

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Immigrant VictimsVictim service providers need to be Victim service providers need to be aware of theaware of the

following issues when working with following issues when working with immigrantimmigrant

victims:victims:Victimization is often connected to Victimization is often connected to

immigration status and culture; andimmigration status and culture; and Immigration status and culture may Immigration status and culture may

prevent victims from seeking prevent victims from seeking protection.protection.

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Victimization is often Victimization is often connected to immigration connected to immigration

status and culturestatus and culture In a family violence context:In a family violence context:

Victim fears the criminal justice process because assailant Victim fears the criminal justice process because assailant knows his/her status;knows his/her status;

Abuser controls victim by threatening deportation, and/or Abuser controls victim by threatening deportation, and/or refusing to follow through with immigration applications; refusing to follow through with immigration applications;

Documented abuser commits economic abuse through Documented abuser commits economic abuse through his/her ability to work lawfully as undocumented victim his/her ability to work lawfully as undocumented victim cannot work or access public benefits;cannot work or access public benefits;

Abuser obstructs newer arrival victim’s orientation to the Abuser obstructs newer arrival victim’s orientation to the USA and ability to make community connections (i.e. Abuser USA and ability to make community connections (i.e. Abuser is the only connection to the community due to language); is the only connection to the community due to language);

Abuser justifies abuse based on cultural assumptions (i.e. Abuser justifies abuse based on cultural assumptions (i.e. gender roles)gender roles)

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Immigration status and Immigration status and culture may prevent culture may prevent victims from seeking victims from seeking

protectionprotection Fear of authorities or deportation;Fear of authorities or deportation; Lack of understanding of legal Lack of understanding of legal

system;system; Reliance on abuser for economic Reliance on abuser for economic

support and housing; and/orsupport and housing; and/or Pressure on the victim not to seek Pressure on the victim not to seek

help outside the community to help outside the community to preserve the family unit.preserve the family unit. 9

Common concerns for Common concerns for victims/witnesses involved in victims/witnesses involved in the criminal justice systemthe criminal justice system

Immigration concernsImmigration concerns Language barriersLanguage barriers Lack of understanding of legal system and existence of Lack of understanding of legal system and existence of

servicesservices Fear of government and law enforcementFear of government and law enforcement Fear of retaliationFear of retaliation Cultural barriersCultural barriers Culture of shameCulture of shame Educational materials available only in EnglishEducational materials available only in English Translation issuesTranslation issues

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Culturally competent Culturally competent communicationcommunication

Rapport buildingRapport building Use of titlesUse of titles Eye contactEye contact Facial expressionsFacial expressions Tone of voiceTone of voice Body language/posture/distanceBody language/posture/distance Preferences regarding directness/indirectnessPreferences regarding directness/indirectness Acceptable ways to get more information/ask for clarificationAcceptable ways to get more information/ask for clarification Acceptable ways to make/grant/deny requestsAcceptable ways to make/grant/deny requests Acceptable/unacceptable emotions to expressAcceptable/unacceptable emotions to express Acceptable ways to express emotionsAcceptable ways to express emotions

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Other cultural Other cultural considerationsconsiderations

Relationships to others (i.e., individualistic vs. Relationships to others (i.e., individualistic vs. collectivistic, or community-oriented)collectivistic, or community-oriented)

Family structures (i.e., hierarchies, or Family structures (i.e., hierarchies, or expectations between family members)expectations between family members)

Relationships to authorityRelationships to authority Concepts of justiceConcepts of justice Ideas of privacyIdeas of privacy Taboo subjectsTaboo subjects Accepted/preferred communication practices (i.e. Accepted/preferred communication practices (i.e.

greetings and introductions)greetings and introductions)

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Language/Interpreter Language/Interpreter issuesissues

Use a qualified, competent interpreter :Use a qualified, competent interpreter : PA Supreme Court Interpreter ProgramPA Supreme Court Interpreter Programhttp://www.pacourts.us/T/AOPC/http://www.pacourts.us/T/AOPC/CourtInterpreterProg/InterpreterRoster.htmCourtInterpreterProg/InterpreterRoster.htm

Make sure that client is comfortable with Make sure that client is comfortable with his/her interpreter (i.e. Female clients may his/her interpreter (i.e. Female clients may prefer to discuss sensitive issues with a prefer to discuss sensitive issues with a female interpreter)female interpreter)

Check for conflicts, particularly if the client Check for conflicts, particularly if the client is from a small immigrant communityis from a small immigrant community

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Language/Interpreter Language/Interpreter issuesissues

example 1 example 1 A robber burglarized a home of an elderly A robber burglarized a home of an elderly

Chinese woman, bound her, and placed her feet Chinese woman, bound her, and placed her feet into two glass jars to immobilize her. After the into two glass jars to immobilize her. After the robber escaped with the stolen items, the victim robber escaped with the stolen items, the victim broke the jars and called her children to report broke the jars and called her children to report the crime. The victim’s children then called the crime. The victim’s children then called police. The victim spoke a rare dialect and the police. The victim spoke a rare dialect and the court had to hire an special interpreter from NYC court had to hire an special interpreter from NYC to assist her.to assist her.

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Language/Interpreter Language/Interpreter issuesissues

example 2 example 2 An elderly theft victim came to court with his An elderly theft victim came to court with his

son, who spoke English. The son stated that his son, who spoke English. The son stated that his father needed a Cantonese interpreter. The father needed a Cantonese interpreter. The interpreter came and stated that the victim interpreter came and stated that the victim preferred another language. Although the victim preferred another language. Although the victim was ethnically Chinese, he was born in was ethnically Chinese, he was born in Cambodia, spoke several different languages, Cambodia, spoke several different languages, and he was more comfortable with Cambodian. and he was more comfortable with Cambodian.

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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

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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

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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?

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U.S. Immigration System Structure

Department of

Homeland Security

U.S. Citizenship

andImmigration

Services(USCIS)

U.S. Customs

andBorder

Protection(CBP)

U.S.Immigration

andCustoms

Enforcement(ICE)

Department of Justice

Federal Courts

Executive Office for Immigration Review

Board of Immigration Appeals

ImmigrationCourt

Department of State

National Visa Center

U.S. embassies / consulates abroad

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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

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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

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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

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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

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What Could Be a Problem

for VAWA or U Visas?Red Flags

Do not assume clients are not eligibleMany special waivers and exceptions

existAlways consult with an expert before

filing!!24

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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

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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

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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

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Fatou’s CaseFatou’s Case““Fatou” is originally from Morocco. Her native language is Arabic, but she 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 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 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 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 stay. She planned to return to Morocco after three months. However, her health began to deteriorate, making travel difficult, and she decided to stay 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. to access health care here and to help her son and his wife with child care. She lacks health insurance. She lacks health insurance. In the last several months, Fatou’s son has become stressed and upset about 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 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. 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, 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 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 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 police. He insists that he does not have the money to sponsor her for immigration status. immigration status. What concerns might Fatou have about seeking protection from the What concerns might Fatou have about seeking protection from the police or courts? What immigration options might she have?police or courts? What immigration options might she have?

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