Schakowsky, Jayapal, Espaillat, Panetta Introduce Legislation to Protect Immigrant Survivors of Domestic Violence

WASHINGTON - U.S. Representative Jan Schakowsky (IL-09), a Senior Chief Deputy Whip and member of the Tom Lantos Human Rights Commission, introduced the Working for Immigrant Safety and Empowerment (WISE) Act, alongside U.S. Representatives Pramila Jayapal (WA-07), Adriano Espaillat (NY-13), and Jimmy Panetta (CA-20), which will protect immigrant survivors of domestic violence, human trafficking, and gender-based violence.

The bill would ensure that immigrants have access to protections intended by the bipartisan Violence Against Women Act (VAWA), the Trafficking Victim Protection Act (TVPA), and other federal and state laws. The bill would also move to ensure survivors pursuing relief are not detained or deported before their applications are fully adjudicated.

“Immigrant women faced with domestic violence make up one of the most vulnerable populations in this country. These women should not feel forced to stay in violent, life-threatening intimate partner relationships because of their tenuous immigration status,” said Congresswoman Jan Schakowsky. “I am proud to co-lead the WISE Act to help ensure that all victims of domestic violence, regardless of immigration status, have access to the public resources and support they need to escape abuse.”

“Protections for survivors of crime goes beyond immigration—this is about the safety and well-being of communities and families across the country. Survivors of gender-based violence, child abuse, human trafficking, and crime must be able to come forward without fear to seek safety and we must provide them with the necessary support to leave abusive situations. With this bill, we are reiterating our commitment to protect immigrant survivors, to empower them to seek help, and to ensure their safety is not tied up with their ability to stay in this country,” said Congresswoman Pramila Jayapal.

“Immigrant victims of domestic violence, trafficking, and gender-based assaults deserve protections regardless of their immigration status,” said Congressman Adriano Espaillat. “Immigrant survivors are less likely to report a crime in fear of detention and deportation, which makes them even more vulnerable to abuse and exploitation. These crimes are dehumanizing and reprehensible. We must do what it takes to ensure protections are in place and victims feel empowered to seek assistance. I am proud to join my colleagues in this effort to reaffirm our commitment to victims of violence when they need our help the most.” 

“Victims of crimes, documented or undocumented, deserve justice.  However, in order to ensure that our justice system works for all victims and to hold perpetrators of crimes accountable, victims need to trust our justice system, cooperate with the police and prosecutors, and be assured that there will be no further harm incurred to them, including the threat of deportation.  U and T Visas provide undocumented victims with the security to stay here and the confidence to work with and trust law enforcement so that they receive the assistance and justice that they deserve,” said Congressman Jimmy Panetta. “My Immigrant Witness and Victim Protection Act would expand the protections and increase the number of U and T Visas, and, ultimately, the trust of undocumented victims.  I’m proud that my bill is included in the WISE Act and look forward to working with Representatives Jayapal, Schakowsky, and Espaillat to push the bill to become law, protect undocumented victims, and promote their cooperation with law enforcement so that our system of justice works for everybody in our communities.”

Immigrant women and children are particularly vulnerable to domestic violence, and immigrant women face intimate partner violence at three times the national average. And while domestic violence remains a widely underreported issue, immigrant survivors of crime are less likely to report a crime committed against them due to fear of detention and deportation.

The WISE Act would strengthen protections for immigrant survivors by:

• Eliminating arbitrary caps on the U Visa and Special Immigrant Juvenile Status (SIJS).
• Expanding qualifying crimes for the U Visa to include hate crimes, child abuse, and elder abuse as well as grant protections for abused children, stepchildren, spouses, and parents of immigrant survivors.
• Granting work authorization to survivors while their applications are pending.
• Prohibiting detention and deportation of immigrant survivors while their cases are pending.
• Limiting the use or disclosure of information pertaining to a pending immigrant survivor’s VAWA, T, U, or SIJ applications.
• Limiting immigration enforcement at certain protected locations including any domestic violence shelter, rape crisis center, supervised visitation center, family justice center, or victim services providers, among other locations. 
• Ensuring survivors have the support necessary to thrive and reduce reliance on abusers by providing access to certain assistance, including Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), Social Services Block Grant (SSBG), and Medicaid.

Additional cosponsors of the legislation include U.S. Representatives: Nanette Diaz Barragán (CA-44), Earl Blumenauer (OR-03), Judy Chu (CA-27), Jesús “Chuy” García (IL-04), Sheila Jackson Lee (TX-18), Henry C. “Hank” Johnson, Jr. (GA-04), Barbara Lee (CA-13), Andy Levin (MI-09), Carolyn B. Maloney (NY-12), James P. McGovern (MA-02), Grace Meng (NY-06), Gwen Moore (WI-04), Jerrold Nadler (NY-10), Grace F. Napolitano (CA-32), Eleanor Holmes Norton (DC), Alexandria Ocasio-Cortez (NY-14), Ilhan Omar (MN-05), and Rashida Tlaib (MI-13).

###