Undocumented Immigrants Abuse Protection

Abuse of Undocumented Immigrants

Everyone can be affected by abuse or domestic violence, regardless of their economic, religious, or immigration status. Abusers often attempt to utilize a victim’s immigration status to exert control over them or engage in abusive behavior against the undocumented immigrant.

The government acknowledges that immigrant women who are victims of domestic violence may be more susceptible to the effects of the abuse. The immigration law protects immigrants who have suffered domestic abuse as part of efforts to end domestic abuse and prosecute the perpetrators.

Many undocumented victims are at risk because they are unfamiliar with their legal rights in the United States. Due to fear of deportation, immigrant victims of domestic violence frequently avoid reporting abuse to authorities or asking for help.

However, certain pieces of legislation allow immigrant spouses of citizens or legal permanent residents to petition for themselves to remove residence limitations.

One such statute is the Violence Against Women Act (VAWA). The Act allows victims who do not fall under any of the green card categories to submit a self-petition provided they meet specific eligibility requirements.

The victims of certain crimes, such as domestic abuse and human trafficking, can also apply for a U-Visa or T-Visa if they demonstrate that they will assist law enforcement throughout the investigation or prosecution.

Can Undocumented Domestic Violence Survivors Get the Same Help as US Citizens?

Undocumented domestic violence survivors face unique challenges when seeking help and protection, but they have the same right to access services and protections as US citizens and documented migrants. However, these individuals may be afraid to come forward and seek help because of their immigration status and fear of being deported.

In the United States, victims of domestic violence, regardless of their immigration status, can obtain restraining orders against their abusers and receive support from immigrant communities and hotlines. They can also access medical care, including forensic exams and treatment for physical injuries, and receive assistance from law enforcement and the criminal justice system to prosecute their abuser.

In addition to these resources, specific visa options may be available for undocumented survivors of domestic violence. For example, the U visa is a nonimmigrant visa for victims of certain crimes, including domestic violence, who have suffered substantial physical or mental abuse and are helpful to law enforcement in investigating or prosecuting criminal activity.

Human Trafficking Crimes Against Illegal Immigrants

Human trafficking is a type of contemporary slavery. People who are destitute, unemployed, underemployed, or lacking in the safety and security of strong social networks are frequently targets of traffickers.

Victims are frequently seduced with promises of lucrative jobs and better lives before being made to labor in cruel and inhumane conditions. Many people think human trafficking is a problem affecting only foreign nations, yet it also occurs in the United States.

The T nonimmigrant status (also known as the T visa) offers immigration protection to those who have been the victims of severe types of human trafficking and who support law enforcement in investigating and prosecuting such cases.

The following conditions must be met for victims to qualify:

• They must have fallen victim to a serious type of human trafficking

• Be physically present in the United States because of the trafficking

• Comply with any reasonable requests for help in the investigation or prosecution, or be a minor

• If expelled from the United States, they will suffer extraordinary hardship, including unusual and severe harm