As a bilingual advocate and immigration attorney working together at a community-based domestic violence program, we learned early on that we were not the experts in defining safety in domestic violence situations. The women we accompanied soon made us realize that for immigrant survivors of domestic violence, sometimes the abusive partner was not the biggest concern. Fear of deportation, lack of safety due to lack of language access in hospitals and with police, and lack of freedom of movement were some of the biggest safety risks facing our clients. One of our first advocacy events with our immigrant survivor clients was travelling to the state capitol to testify not about domestic violence or family law changes, but about how access to drivers’ licenses would make undocumented immigrant victims safer.
These early moments in our careers taught us lessons that are still relevant today for attorneys and advocates assisting non-citizen survivors of domestic violence.
Define Safety Broadly
Legal solutions for the client must be framed based on their specific cultural experience and understanding the complexities of being a non-citizen in their rural area, town, or city. Safety planning and legal decisions must consider risks and barriers faced by the client. Does the client fear reporting to law enforcement because in their area, law enforcement are known to collaborate with immigration services? Does the client fear reporting the violence because of threats to their family in the home country? If so, the lawyer should craft specific safety plans and legal actions considering the risks and barriers and evaluating safety options for family members in the home country.
Ensure Language Justice
Lawyers can play a valuable role in empowering survivors to know their rights under Title VI of the Civil Rights Act of 1963 which guarantees that all agencies receiving federal funds provide meaningful access to individuals with “limited English proficiency.” In practical terms, this means that nearly every agency that the client will contact for their safety—law enforcement, courts, victim services, health care, schools, and public benefits offices—should provide free, competent interpretation. Lawyers can assist clients in becoming self-advocates by talking to them about requesting interpreters and using “I speak” cards at appointments to ensure that their language needs are specified in their file. At no point should survivors be put in the position where their children, family members (including the abusive partner) are put in the position of serving as an interpreter. Lawyers and advocates can continually remind clients and even rehearse or practice asserting their rights with other professionals to increase safety and independence.
Lawyers also must ensure that we use interpreters in our interactions with clients. I will never forget an experience of accompanying a Russian speaking client to her green card interview at the Citizenship and Immigration Services office. We were waiting for the Russian interpreter I had contracted for to arrive, and I thought I could ask the simple question of “how are you?” in English. As soon as I had uttered these words, a look of anxiety rapidly crossed my client’s face and she began to speak to her 5-year-older daughter in Russian. The daughter then turned to me and asked me what I had said. In an instant, I realized that what for me appeared to be a simple, innocuous question was extremely stressful for my client. From her perspective, her immigration attorney was asking her a question before her green card interview. I had not intended to cause her harm, nor had I intended to put her daughter in the position of an interpreter, but the impact of my actions was harmful. This was a hard, but valuable lesson to always wait for the competent interpreter and to think from the perspective of the individual with limited English proficiency.
Increase Awareness of Immigration Protections for Survivors
Lawyers can increase safety and agency of their clients by providing them information about immigration law. While it is always vital to partner with an experienced immigration attorney, it is possible and advisable for all attorneys to share information about Violence Against Women Act self-petitioning, U and T visas and other remedies for immigrant survivors. There are resources and know your rights materials widely available from immigrant advocacy organizations online, often in multiple languages.
Partner with Advocates from Culturally Specific Organizations
Lastly, but perhaps most importantly, effectively representing immigrant survivors of domestic violence requires that we partner with advocates from domestic violence agencies, and if possible, agencies that provide culturally specific services. The success of our advocacy with immigrant survivors was based on a holistic approach that recognized that while the legal remedy was important, the safety planning, counseling, cultural competency, and accompaniment that the advocate provided was vital to keep the client engaged, safe and growing in agency and independence.
Working with immigrant survivors of domestic violence can often be challenging due to the multiple barriers faced by our clients, including lack of trust, fear of deportation, and lack of language access. It is important to remain patient, measure success in small steps and build strong, collaborative relationships. Working together, lawyers, advocates, and survivors can transform systems to increase holistic safety, language justice, and independence and agency.
