Experiencing Domestic Violence as an Undocumented Immigrant
Many immigrants come to the U.S. fleeing violence. At Oasis, most of our clients have experienced violence in their countries of origin—some from family as children, others from intimate partners, and many from government officials and police. Unfortunately, this cycle of violence can continue even after arriving in the U.S., leaving many isolated, vulnerable, and afraid. Undocumented LGBTQ+ immigrants, in particular, face unique challenges when seeking safety from domestic violence, including fear of deportation and law enforcement, guilt about reporting fellow immigrants, poverty, language and cultural barriers, and a lack of information about domestic violence resources. Further lacking is support for domestic violence survivors, whereby access to healing and overcoming past trauma is limited, and requires high levels of individual resiliency. Otherwise, the lack of processing the past harm can lead to long-term psychological distress.
Fear of Deportation and Law Enforcement
For undocumented individuals, abusive partners may exploit the fear of deportation, using it to maintain control, and that fear intimidates many from coming forward and seeking help. Many asylum seekers have faced persecution at the hands of government and law enforcement in their countries of origin, making them distrustful of authorities. One potential immigration relief option available to undocumented victims is a U-Visa, designed for individuals who have suffered physical or mental abuse and are willing to seek out and help law enforcement with an investigation. However, while this visa is a lifeline for many, it requires trust in authorities—a trust that many victims, especially those fleeing violence, understandably lack. The fear of deportation or of drawing the attention of U.S. border enforcement agencies discourages many undocumented abuse survivors from coming forward.
Another option for undocumented victims whose abuser (spouse, parent or child) is a United States citizen or lawful permanent resident, is to petition for lawful status through the VAWA (Violence Against Women Act) process. If the abuser could have petitioned for the victim but did not, then the victim can submit their own application for lawful permanent residence in order to obtain a green card and a path to citizenship. LGBTQ+ immigrants who fall under this category are encouraged to contact Oasis.
Guilt for Reporting Fellow Immigrants
Additionally, many immigrants feel immense guilt about reporting fellow immigrants (family members or intimate partners) for abuse, knowing that deportation is often a possible outcome. For those who live in fear of deportation themselves, exposing another person to that fate—even an abuser—feels unbearable. Choosing their own safety over exposing others to the same kind of outcome they themselves fear is a difficult decision to make for many immigrant survivors of domestic violence. Social workers supporting domestic violence victims often need to help undocumented immigrants untangle these emotional ties when navigating next steps towards long-term safety.
Poverty, Language and Cultural Barriers as Undocumented Immigrants
Unfortunately, the economic and social factors that can make it challenging to report domestic violence are amplified for undocumented and LGBTQ+ people. This is because undocumented and LGBTQ+ victims of violence are unable to access safety net systems that address their unique needs. Statistics show that 14% of immigrant people experience problems accessing support for domestic violence survivors due to immigration issues, like being denied services for lack of proper identification.
Undocumented immigrants are more likely to live in poverty than native-born citizens because they often earn less than U.S. citizens and have higher unemployment rates due to lack of employment authorization. Additionally, with cultural and linguistic barriers, they face more obstacles to government support and are more likely to lack health insurance.
Poverty, language barriers, and a lack of information can keep undocumented immigrants trapped in cycles of abuse. For example, although research shows that 1 in 3 women experiences domestic violence, the rate of domestic violence for women is nearly 3 times higher among those within the lowest income quartile versus those in the highest quartile.
Poverty, Language and Cultural Barriers as Queer and Trans Community Members
Similarly, across multiple datasets, research shows that a higher percentage of LGBTQ+ people have incomes below the federal poverty level than non-LGBTQ+ people. Queer and trans people face anti-LGBTQ+ discrimination both on an interpersonal level and an institutional level. Unfortunately, stereotypes about typical gendered domestic violence scenarios harm LGBTQ+ survivors of domestic violence—many are ignored or not believed when they do seek help, as their demographic background may not match a stereotypical victim narrative (a woman being abused by a man). Nonetheless, although domestic violence in LGBTQ+ relationships is underreported, gay and bisexual men experience abuse at a comparable rate of domestic violence experienced by heterosexual women. Lamentably, for those who live in poverty, the lack of financial and social safety nets further exacerbate their situation.
LGBTQ+ immigrants exist at the intersection of multiple systems of oppression, facing compounded factors in accessing support and resources to survive domestic violence.
For all these reasons, obtaining legal immigration status serves as a critical form of domestic violence prevention, providing access to resources that promote health, wellness, and safety. Without this protection, undocumented immigrant victims are often unable to leave an abusive situation, nor can they access steps towards healing and recovery upon escaping.
No one should have to choose between their safety and their future in this country. Providing immigrants with legal status is a vital step toward preventing violence, ensuring that individuals can live free from fear and abuse regardless of their immigration status. It is our mission at Oasis to support all qualifying LGBTQ+ immigrants to obtain legal status and find permanent safety in the U.S.
For more information about the “unique” types of abuse immigrant survivors may suffer, click here.
Published August 31, 2024