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NATIONWIDE SURVEY: a Window Into the Challenges Immigrant Women and Girls Face in the United States and the Policy Solutions to Address Them

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NATIONWIDE SURVEY: a Window Into the Challenges Immigrant Women and Girls Face in the United States and the Policy Solutions to Address Them NATIONWIDE SURVEY: A Window Into the Challenges Immigrant Women and Girls Face in the United States and the Policy Solutions to Address Them January 31, 2018 This survey was conducted through the generous support of the Ford Foundation, through a contract from NEO Philanthropy. 1 TABLE OF CONTENTS EXECUTIVE SUMMARY 2 INTRODUCTION 3 FINDINGS 4 The Most Urgent Challenges Confronting Immigrant Women and Girls in the U.S. 4 Prevalence of Challenges Faced by Immigrant Women and Girls in the U.S. 8 Policy Solutions to Address the Most Urgent Challenges Confronting Immigrant Women and Girls 10 CONCLUSION 12 WORKS CITED 13 1 EXECUTIVE SUMMARY The Tahirih Justice Center is the largest multi-city direct service and policy advocacy organization focused on assisting immigrant women and girls in the United States. Over the last 20 years, Tahirih has provided free legal and case management assistance to more than 22,000 immigrant women and children fleeing human trafficking, domestic abuse, rape, and other gender-based violence. At the request of the Ford Foundation, Tahirih issued a nationwide survey in October 2017 asking immigration advocates, immigrant women, and legal and social service providers what they see as the most urgent systemic challenges facing immigrant women and girls. Over 150 individuals, representing 108 entities in 23 states, provided input in English and Spanish through the online survey and telephone interviews conducted by Tahirih. Survey participants were asked to identify and rank challenges facing immigrant women in order of urgency and impact, and to provide suggestions for policy solutions. While the survey sought to document the experience of immigrant women and girls generally, participants overwhelmingly discussed the experiences of immigrant women who have endured domestic or other gender-based violence. This report presents the results of the survey. The most urgent challenge facing immigrant women and girls, according to survey participants, is the exceedingly narrow pathway to legal immigration status even for those who desperately need protection. Lack of safe and affordable housing, language barriers, and fear of police were cited by participants as both urgent and widespread challenges facing immigrant women and girls. Participants overwhelmingly agreed that federal legislative change, as opposed to other approaches, is needed most in order to achieve fair and adequate protection for all immigrant women and girls. 2 INTRODUCTION In October 2017, the Ford Foundation sought assistance from the Tahirih Justice Center in an effort to examine the systemic issues that intensify vulnerabilities for immigrant women and evaluate strategies to effect change. To this end, Tahirih issued the nationwide survey, “Assessing the Challenges Immigrant Women and Girls Face in the U.S. and the Policy Solutions to Address Them,” to a wide audience of immigration advocates, legal and social service providers, and immigrant women in other sectors. Over 150 individuals, representing 108 entities in 23 states, provided input through both the survey as well as telephone interviews conducted in English and Spanish.1 Most participant organizations, including Tahirih, have been serving immigrants for over 20 years, with 22% focusing on immigrant women as their client base. Within each organization, individuals from Central America and Mexico comprise the majority of service seekers, with the breakdown of client regions of origin as follows. Eastern Europe Sub-Saharan Africa Middle East/North Africa Southeast Asia East Asia South Asia South America Central America Mexico 0 1 2 3 4 5 6 7 8 9 3 FINDINGS THE MOST URGENT CHALLENGES 1 Lack of legal remedies to prevent CONFRONTING IMMIGRANT deportation WOMEN AND GIRLS IN THE U.S. Participants describe how extremely narrow legal standards prevent even those in dire need of Survey participants evaluated the urgency of a protection from receiving asylum. Clients facing variety of challenges confronting immigrant women deportation suffer intense fear for their safety, and girls in the United States. The challenges anticipating retaliation from persecutors in the identified as most urgent are described below, with form of kidnapping, rape, and torture upon return numbers one, two, and four pertaining specifically home. Some note that our immigration laws lag to the pursuit of immigration relief. behind because they fail to reflect the reality of While the survey sought to document the targeted gang and cartel violence, with immigration experience of immigrant women and girls generally, judges unwilling to consider these very real threats it is noteworthy that the results overwhelmingly to health and safety as a valid basis for protection. reflect challenges faced by immigrant women who Asylum reform, as well as broader immigration have endured domestic abuse or other gender- reform, is cited as necessary to alleviate this based violence. Immigrant women who come to the problem. United States often endure violence and trauma Immigration detention and in their home countries, causing them to flee. accompanying challenges such Sometimes the violence happens during migration; 2 as abuse, lack of legal access, between 60 and 80% of female migrants traveling impact of confinement itself, and through Mexico are raped on their way to the separation from children United States.2 Many immigrant women and girls also survive domestic abuse, trafficking, and On any given day, thousands of women and other forms of gender-based violence while in this children are incarcerated across the United States country. As one advocate put it: “Everyone we work because of their lack of immigration status. with has Post-Traumatic Stress Disorder.” Some are mothers with their children crossing the border to find protection, while others are arrested 4 by immigration officers in their homes, in their a chronically unsafe, threatening situation not communities, and during raids. Survey participants only prolongs a woman’s trauma but directly report that severe abuses in immigration detention impacts her immigration case as well. Under these are pervasive. One service provider notes that circumstances, it is very difficult for a woman to two clients needed surgery for conditions that communicate freely with service providers and developed during detention. Another describes a attend critical appointments and court hearings. lack of accountability for officers who are dishonest A woman may also struggle to provide her attorney or who manipulate detainees into saying things with the explicit details of abuse and other that later harm their cases, because they are evidence needed to complete her application for so traumatized and/or do not understand the immigration relief. process. Others cite clients with valid claims for The complexities of our housing system are immigration relief, who nonetheless opt to take daunting, and immigrant women are especially deportation orders because ongoing detention vulnerable to exploitation by unscrupulous and separation from their children is too traumatic. landlords. Women end up renting overpriced Even clients who are able to secure representation single rooms in apartment complexes only to find are often unable to meaningfully participate in themselves living in squalid, subhuman conditions their cases because of detention-related anxiety with no recourse. Overcrowding at shelters for those and very limited opportunities for communication. who are able to escape drives others back onto the Where electronic ankle monitoring devices are streets. used as an alternative to confinement in detention facilities, clients report health consequences such Inability to obtain competent, as difficulty sleeping, urinating, and breastfeeding. 4 affordable counsel Lack of safe and affordable 3 The consequences of criminal proceedings and civil housing immigration proceedings are similar in severity; for some women and children, deportation is Homelessness is one of the most significant tantamount to a death sentence. Yet, unlike those obstacles to safety and the satisfaction of basic charged with crimes, immigrants have no right to human needs and human rights for all immigrant counsel at government expense. Immigration law is women and girls. This is particularly acute for those so complex that counsel is essential for meaningful without lawful status and for those who have been access to the immigration system. The lack of recently released from detention. For many women affordable and competent counsel available to and their children, the lack of safe, affordable immigrants facing deportation is crushing, even housing means their only alternative to living on in metropolitan areas. Worse, detention facilities the street is to live with an abuser. Remaining in 5 are often located in highly remote areas where interpreters means that an interpreter “is often both private and pro bono counsel is scarce. someone the victim knows personally. I’ve even As one advocate reports: “On any given day in had cases where the only available interpreter Arizona, there are approximately 3,000 adults was the accused perpetrator of the crime.” This detained by Immigration & Customs Enforcement. can, and often does, result in a dual arrest (i.e., Approximately 90% of those individuals will not arrest of the victim herself), where the perpetrator be able to find an attorney.” The few who do serve fabricates a claim against the victim, or accuses detainees are overwhelmed, and most detained her of fabricating
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