Before today, every VAWA bill we've considered over the last 20 years had three things in common: they've all been bipartisan, they've all been written in consultation with the advocates and service providers on the front lines against…
Before today, every VAWA bill we've considered over the last 20 years had three things in common: they've all been bipartisan, they've all been written in consultation with the advocates and service providers on the front lines against domestic violence, and they've all increased protections for victims of domestic violence.
This bill, even as amended, shares none of those attributes. It actually reduces protections that exist in current law for victims of domestic violence, rape, and sexual assault. It was developed without any support or consultation from the minority or from the domestic violence advocates. And it is not bipartisan.
Now, the bill's opposed by every leading domestic violence organization. It's opposed by the National Association of Evangelicals and the Willow Creek Church, the U.S. Catholic Bishops Conference, all the leading women's groups. It's opposed by law enforcement officials with years of experience fighting domestic violence. It's opposed by tribal authorities, immigration advocates, LGBT groups. The list goes on and on.
So the question really is this: If everyone from the National Organization for Women and Planned Parenthood to the National Association of Evangelicals and the Catholic Church have extreme concerns about this bill, who thinks this is a step in the right direction?
And as far as I can tell, the only groups who openly support the bill and the amendments are groups like SAVE and A Voice for Men, who align themselves, not with battered women, but with the men who abuse them.
I will insert into the Record an article from Leith Anderson, the president of the National Association of Evangelicals, and Lynne Hybels, the co-founder of the Willlow Creek Community Church. This is what they say:
Nicole came to the U.S. from Indonesia on a temporary fiancee visa, expecting to enjoy life as a spouse. Instead was trafficked.
They oppose the bill.
[From CNN, May 16, 2012]
Protect Immigrant Women From Violence
(By Leith Anderson and Lynne Hybels)
Nicole came to the United States from Indonesia on a
temporary fiancee visa, fully expecting that she would enjoy
life in a new country with the U.S. citizen she intended to
marry. Instead, she found herself trapped as a victim of sex
trafficking.
Nicole (not her real name), like thousands of other women,
was forced to engage in commercial sex acts against her will.
We heard about her when she received support from the
Salvation Army STOP-IT Program in Illinois, which serves
victims who have been harmed by the sex trade. (The Salvation
Army is a denominational member of the National Association
of Evangelicals.) Eventually, Nicole escaped from her
trafficker and assisted law enforcement in the prosecution of
the crime committed against her.
Though Nicole's fiancee visa had lapsed, leaving her
susceptible to deportation, our nation's anti-trafficking law
provided a legal option for her to be granted permanent legal
status by helping law enforcement to prosecute her
trafficker. With the help of a nonprofit legal service
provider and the Salvation Army, Nicole was able to petition
on her own for legal status--and obtain it--through a special
``U'' visa for immigrant victims of crime, allowing her to
get back on her feet and begin rebuilding her life.
This week the House of Representatives is considering a
proposal to reauthorize the Violence Against Women Act, first
enacted in 1994, but in a new version that would
significantly undermine the same U visa program that provided
Nicole with safety and permanency in the United States.
The U.S. government estimates that as many as 17,500
foreign-born victims are illegally trafficked in from abroad
each year, and academic estimates suggest that at least
100,000 victims of human trafficking live in the United
States today.
By force, fraud or coercion, traffickers keep victims
enslaved in prostitution or forced labor.
If the House proposal is enacted, thousands like Nicole
could remain enslaved, too afraid to speak out because some
of their most effective safeguards will have disappeared. The
proposal introduced by Rep. Sandy Adams, R-Florida, would
dramatically roll back important protections for battered
immigrant women and their children. It could face a vote
Wednesday afternoon.
Several provisions would leave immigrant victims of human
trafficking and domestic abuse no legal way to break the
cycle of violence in which they are trapped.
Specifically, this version would remove the incentive of
permanent safe haven in the United States for women who help
bring abusers to justice. By changing the U visa from
permanent to temporary, the bill could validate an abuser's
threat that a call to police could result in deportation.
Many women would keep quiet rather than risk immigration
consequences.
The bill would also allow abusive partners in domestic
violence cases to provide input as to whether their victim
should qualify for immigration relief, stripping
confidentiality provisions that currently protect victims.
Abusive spouses, who are in a position to petition to adjust
the status of their immigrant wives through marriage, can
choose not to do so as a tool of abuse and fear. Abusers
frequently deny guilt and falsely accuse victims of fraud or
abuse.
We don't want a bill that endangers some of the women and
children it purports to help. Overall, this bill's proposed
changes to current law would discourage immigrant victims
from escaping abuse and reporting crimes, and make all of us
less safe.
Women--and, often, their children--come to our churches for
sanctuary and hope. We believe Adams' proposal would put more
lives in danger. It would perpetuate abusers' use of
immigration status as part of the cycle of exploitation.
As evangelical Christians, we are committed to Jesus' great
commandment to love God and to love our neighbor, with a
particular concern for those who are most vulnerable. Through
local churches and ministries, we extend that love when we
provide counseling and support for victims of human
trafficking and domestic violence. In doing so, we point to
the ultimate healing and restoration that we believe is found
only in Jesus.
We also love our neighbor by speaking up when laws are
proposed that could cause harm, intentionally or not. Loving
our neighbor not only means reaching out to those in need,
but also means addressing systemic problems that harm those
in need.
That's why we're asking Speaker John Boehner and the House
leadership to make sure that the Violence Against Women Act
continues to protect vulnerable immigrant women who are
victims of human trafficking or domestic violence. They need
our protection.
I think sometimes it's helpful to get into the nitty-gritty of legislation. This bill changes the law that exists today and reduces protection for immigrant women in key ways. Let me just talk about one of the ways.
If you are an immigrant temporarily here, or even without your documents, and you are a victim of domestic violence and the police want to keep you here because you're a witness or they need your help in a prosecution, the police can obtain what is called a U visa so you get to stay here. That's in the current law. It was bipartisan. It was done in the year 2000.
This bill changes that in important ways. Under current law, if you are a U visa holder, you have the possibility of applying for a permanent visa. Why is that important? Because otherwise, if you come forward to cooperate with the police, you could be voluntarily deporting yourself and be separated from your children, and that is a deterrent to people coming forward to work with the police. That's why it was crafted the way it was. Even under the manager's amendment, there is a diminution of that possibility, and it would lead to absurd results.
I'll give you an example.
Under the manager's amendment, you can only apply for the residence if your abuser had been deported to the country where you are from. So a U visa is for 4 years. If your abuser is serving a 5-year sentence, you have to be deported, and then your abuser will come after you the next year. It's a stupid provision, unfortunately. I can't believe that that's the intended result. I know Mrs. Adams is sincere, but that's what is in the bill. And that's why people object to the bill--that, among many other provisions that will endanger women and take us back from where we were.
I think that when you take a look at not just the groups that support the Senate bill instead of this, but the groups that support this bill, who embrace abusers, you know where you need to stand--and that's not with this bill, despite the sincerity of the author.