Violence in Immigrant Women - Essay Example

Issues of Immigration and Concerns Regarding Violence on Immigrant Women: An Overview. I. Introduction II. ment of the Problem III. Review of Literature IV. Immigration and Immigration Policy V. The Violence on Immigrant Women VI. Reforming Immigration and Criminal Justice System VII. Conclusion Issues of Immigration and Concerns Regarding Violence on Immigrant Women: An Overview. I. Introduction The growing immigration to the United States has given rise to a number of social, economic, political, and cultural issues and concerns. The violence on the immigrant women is one of the crucial immigration issues, which has been hotly debated among the policy makers, media persons, and the general public for a long period of time. The transcendent nature of domestic violence has been well documented. Domestic violence as a widespread form of gendered violence on women is characteristically transcendental as it occurs even in communities which are otherwise progressive or advanced. Wood (2004) sees domestic violence as a ‘crime that does not recognize racial, cultural, or socioeconomic barriers’. In brief, economic, cultural or political development of a given community does not automatically ensure the protection of the rights of women against being the victims of various types of gendered violence. Although domestic violence and other types of violence on women are prevalent among almost all the social groups, its nature and degree are different from community to community. Thus, the violence on immigrant women is so rampant and involves issues and concerns that are radically different from those pertaining to other social sections. It means that the social settings in which an immigrant woman is uniquely placed makes her more vulnerable for being the victim of various types and degrees of sexual and gendered violence than other sections of women citizenry. In addition, the conditions of undocumented immigrant women are even more exploitative and oppressive as they are systemically exempted from the cover of the law of the land. The introduction of Violence Against Women Act (VAWA) in 1994 has marked a turning point on the legal debate over the issue of increasing violence on immigrant women and its social consequences. The merits and drawbacks of the VAWA are on the focus of attention since its very introduction. Demands for amendments to the VAWA have been raised from around the corners for not only making it more effective but also casting off its perceived and real ills. Even, it is possible to identify a ‘VAWA discourse on the violence on immigrant women’ that encompasses almost all the possible aspects of the concerns pertaining to the human rights of immigrant women. The purpose of this paper is to overview the issues of immigration and the violence on immigrant women and analyzes it as a policy matter that must address unique social, political, economic, and cultural factors and include concerns which are originating from generally accepted ideas on human rights, gender rights, and rights of the immigrants, especially the rights of undocumented immigrant women. The paper would propose changes need to be brought in in order to reform the immigration policy framework in general and the criminal justice system in particular from the standpoint of mitigating the violence on immigrant women. II. Statement of the Problem Understanding the issues and concerns on the violence on immigrant women (both documented and undocumented) by examining related social, economic, political, and cultural factors and propose the necessary and adequate policy changes to the immigration policy framework in order to eliminate the root causes of the issue, i.e. illegal immigration and policy recommendations for updating the criminal justice system for making it more effective in dealing with the issues of mitigation, prevention and punishment of violence on immigrant women. Aspects of Violence Against Women Act, 1994 and subsequent amendments to it would be extensively consulted as a primary reference point on the subject matter. III. Review of Literature There are ample of researches on the issue of immigration and illegal immigration. The need to reform the immigration policy has been raised by many theorists from various perspectives. Wasem (2007) provides a brief synthesis of the immigration reform issues and concerns from balanced but critical viewpoint in his well known report. While most of the studies are critical to the present immigration policy in its existing framework, there is no agreement on the way in which the policy must be reformed. Diametrically opposite proposals and suggestion have come up as part of the so called great immigration debate. Some are of the view that immigration policy must be more rigorous to prevent illegal immigration while contending theorists argue that there must be less strict provisions to encourage legal immigration. Jasso et.al (2008) have contributed to the estimation of the extent of illegal immigration to the United States. The social consequences of immigration has been the focus of attention of theorists of various hues. Levitt (2007) in his well known work provides a clear picture of the changing American religious landscape with relations to immigration. Moreover, Maher & Pandeleton’s (2000) report on domestic violence and immigration in the criminal justice system examines various concerns and aspects of the issue from a criminal justice policy perspective. Dutton et.al (2000) have documented the ‘lived-in experiences’ of battered immigrant Latinas and the related legal and policy implications. Wood (2004) brings out the concerns over Violence Against Women Act and its drawbacks with relation to the protection of the rights of battered immigrant women. However, none of these studies has come up with concrete and pragmatic policy solutions regarding the issues under consideration. IV. Immigration and Immigration Policy The phenomenon of immigration is characteristic to the United States as it is a kind of society that essentially looks upon the benefits and positives of immigration than its perils and negatives. Historically speaking, the very social foundations of American people are laid upon immigration. The great American Dream itself proclaims that anyone could come to America and gain whatever s/he wants through hard work. Since the United States of America is a well developed democratic country and generally accommodative to immigrants from across the world, the question of an adequate but a just immigration policy regime is a crucial one. Obviously, immigration to the United States is a priority for both skilled and unskilled workers from the developing countries of the global south. Nevertheless, it would be grave mistake to think that the United States has nothing to gain from immigration. The United States needs an immigration policy that is open and inclusive as it is a matter of greater American prosperity and progress. However, enhanced legal control over immigration is the need of the day because unrestrained immigration, be it of legal or illegal, could contribute to the ongoing economic crisis. Moreover, illegal immigration could adversely affect the security of the nation and its people by allowing (potential) terrorists and illegal combatants to easily enter the United States. The survival of the present social security system of the United States could itself be questioned if the expenses caused by immigration are not controlled. Furthermore, illegal immigration causes the near collapse of the Rule of the Law. Illegal immigration to the United States involves an array of practices and techniques such as illegal entry, visa overstay and false representation. Still, there are differing opinions as to whether illegal immigration is a law and order issue or not. Also, illegal immigration helps the mafia sections of the population which engages in activities ranging from illegal arms trade to human trafficking. Illegal immigration rackets that are active in the southern borders of the country also reportedly engage in drug smuggling, prostitution and gang wars. V. The Violence on Immigrant Women There are different types of gender-motivated violence. Among them, domestic violence and sexual assault are predominant. It significantly affects the economy of the U.S. in terms of unnecessary costs and losses occur as by product of the crime on women. Domestic violence very badly affects the immigrant women, especially if they happened to be undocumented. Gender animus is the primary motivation for domestic violence against women in general and immigrant women in particular. There are particular concerns regarding gender motivated violence against the immigrant women since their experiences are relative different from women from other sections of the population. They come across a number of unique and distinct hurdles in fighting against violence and battering. It is possible to see that the undocumented immigrant community is highly vulnerable to domestic violence. The extent of legal protection available to such people is comparatively less. There exist many tensions between federal immigration law and American criminal law which further deteriorate the conditions of these weaker sections. Even if one is an undocumented immigrant, her right to be protected by the law of the land is unquestionable. However, undocumented immigrants do not often enter into the enforcements of their legal rights against domestic violence as they think that it would affect their stay in the United States. For an undocumented woman, the chances to be deported and the consequent separation from her children is very much a real possibility if she report the violence committed on her. The 103rd congress enacted the Violence Against Women Act (VAWA) in1994. VAWA attempts reshape the way criminal justice system responds to cases involving domestic as well as sexual violence. The law has helped to divert significant federal resources to deal with cases of this type. Although, the men too could be the victims of domestic violence, women are the victims in majority of such cases. The Violence Against Women Act and subsequent amendments to it do not fully mitigate the problems of undocumented immigrants. It is a matter of fact that the Congress amendment has been successful in providing greater protection to undocumented immigrants. VAWA 2000 § 1502(a)(1), 8 U.S.C. § 1101 note (2000) argues that “goal of the immigration protections for battered immigrants included in the Violence Against Women Act of 1994 was to remove immigration laws as a barrier that kept battered immigrant women and children locked in abusive relationships”. Wood (2004) indicates the failures of the statute as “the protections that U.S. immigration law currently affords to battered immigrants depend largely upon marriage to a U.S. citizen or a lawful permanent resident”. There are no reasons to not extend the hands of legal protection to the women who happened to be illegal aliens but the victims of gendered violence. The question is about the commitment of government to the matter of humanitarian aspects of American immigration law. The important issue is that immigrant women legal as well as unlawful tend not to report the crimes of domestic violence much lesser than they resorting to legal enforcement on other types of crimes. Furthermore, the immigrants in general seek less legal protection than other sections of the population. The cultural orientations of immigrant women too are hurdle for legal enforcement on matters of gendered violence. However, it is here intended only to examine the structural aspects of VAWA that prevent or burden the women with vulnerable immigration status from resorting to legal enforcement against the violence occurred on them. The situation arises from the fact that the women who happened to be dependents of their spouses are left out of any other solution than relying on their partners to remain or become legal immigrants. There could also be the fear that the partners themselves would report against the victimized women if they resort to legal enforcement. Immediate family relationship is a widely practiced method for legal immigration. Women constitute the majority of immigrant spouses. They are dependent on their sponsoring husbands or partners for obtaining legal immigration. Immigration Marriage Fraud Amendments of 1986, Pub. L. No. 99-639, 100 Stat. 3537 (1986) impose a two year period for the immigrant spouse to obtain unconditional permanent resident status, based on the notion that spouse-sponsored immigration is tool for circumventing the immigration law. Also, the law makes such activities liable to criminal penalties. Wood (2004) convincingly argues that 1986 amendment introduced provisions such as two-year period of conditional permanent resident status, the filing of a second petition, and participation of both the spouses at an INS interview “increase the power that the sponsoring spouse wields over the immigration status of the noncitizen spouse”. In other words, the 1986 amendments enable the spouse with citizenship or permanent resident status to effectively control the life of the immigrant spouse in the two year period of conditional permanent resident status. Immigration Act of 1990, Pub. L. No. 101-649, § 701, 104 Stat. 4978, 5085 (1990) made it legal to apply as a self-petitioner, thereby enabled the battered spouses to break the fetters put up by their partners. Otherwise, the women would have been trapped in their lives with abusive partners caused by the Immigration Marriage Fraud Amendments. VI. Reforming Immigration Policy and Criminal Justice System The present immigration policy regime in the United States needs comprehensive revisions and sophisticated adaptations in order to make it capable of addressing the challenges of twenty first century America. The immigration policy in general must be more rigorous to prevent both the legal and illegal entry of the undesired elements to the country. The immigration of highly skilled and well educated people must be encouraged up to the maximum in order to enhance the economic capabilities of the United States. Free market policies must be adopted in the realm of immigration too. The goal of encouraging immigration must be for helping in the United States to retain its competitive edge in the global free market. The policy of accepting refugees from riot torn areas must not be a priority. Rather, they should be internally settled with the foreign aid of the United States. The United States could endeavor to promote the development of democracy and free market in developing countries and, thereby, solve the root cause of both legal and illegal immigration to the United States. The enhanced population growth through immigration should be well documented and the government must take actions to make this phenomenon controllable. The provision of citizenship at birth in the United States even for the child of an illegal immigrant needs to be reviewed. Furthermore, there needs to be elaborate measures to identify the undocumented immigrants in the country. Once they are found, their immediate trial must be enforced. The illegal entry to the United States must be considered as a punishable criminal act. There should be a major crackdown on the forces that helps illegal immigration to the country. Increased border security itself would substantially decrease illegal immigration to the United States. VII. Conclusion Reforming the immigration policy cannot be done in isolation. It must go hand in hand with the reforms of criminal justice policy. Immigration policy and criminal justice policy are complexly interrelated. The criminal justice system should be rigorous enough to enforce the immigration policy properly. Preventing illegal immigration cannot be made real only through a comprehensive immigration policy. The criminal justice policy must amended to make it illegal immigration is a criminal act and the offenders must be punished accordingly. The perpetrators of violence on immigrant women must be severely punished with the help of an extended legal protection to whosoever needs it. Bibliography Dutton, M. A. et. al. (2000) Characteristics of Help-Seeking Behaviors, Resources and Service Needs of battered immigrant Latinas: Legal and Policy Implications. Geo. J. On Poverty L. & Pol’y.Vol. 7. pp. 245-251 Jasso, G et.al. (2008). From Illegal to Legal: Estimating Previous Illegal Experience among New Legal Immigrants to the United States. International Migration Review, 42, 4, 803-843. Levitt, P. (2007). God Needs No Passport: Immigrants and the Changing American Religious Landscape. New York. The New Press. Maher, H. and Pendleton, G. (2000) Domestic Violence and Immigration in the Criminal Justice ystem. in ABA Commission On Domestic Violence Report 1. pp. 17-25 Wasem, R. E (2007). Immigration Reform: Brief Synthesis of Issue, Retrieved: October 6, 2008 from < http://fpc.state.gov/documents/organization/91856.pdf.> Wood, S.M, (2004). VAWA’s Unfinished Business: The Immigrant Women Who Fail Through the Cracks. Duke Journal of Gender Law & Policy. Vol.11. pp.141-155. Read More