By Lori Lee
NDG Contributing Writer
Federal funding reductions are hurting nonprofits, as some seek alternative funding, reduce staffing and consider even shutting their doors, PBS reported. Government isn’t always able to take care every need in a community, noted Patima Komolamit, executive director of the Center for the Pacific Asian Family (CPAF), speaking at a recent American Community Media (ACoM) briefing. That’s where nonprofits need to step in to fill the unmet need.
The Office of Violence Against Women has been a strong partner of CPAF, said Komolamit. Yet, nonprofit and gender-based violence sectors are often on the fringe of any potential government cuts because these social services tend not to be prioritized.
Societal norms are now being controlled by the powers in Washington. “I think that perpetuates this notion of going back to a time before a lot of our civil rights and standards for equality were in place,” she said.
As victims of domestic violence seek protection, efforts to help them have been put on the back burner as the federal government focuses in on deportation. With little funding available and increased application requirements and restrictions, victims seeking asylum have fewer survival options.
As Executive Director of the Survivor Justice Center, Carmen McDonald, explained at the ACoM briefing, fear keeps people away from the help they need, this spilling over to the victim’s community, making it less safe, she said. It’s a phenomenon that can be seen in the declining number of discrimination and abuse reports since the Immigration and Customs (ICE) raids began. A similar decline was found during the pandemic, also related to fear, she noted.
“When survivors are silenced, abusers go free, and when immigrants are too afraid to call the police, everyone is less safe.”
Every day, McDonald and her colleagues help people who’ve been abused in their homes, as well as victims of sexual assault and human trafficking. Their organization helps victims navigate the changing immigration laws, and its interns accompany victims to public agencies to help them file police reports and access benefits.
As persons in abusive homes look around and see agents, police or hear of bounty hunters in their neighborhoods, fear of the authorities can dominate fears of their abusers. A lack of control dominates their lives, their fear understandable since any of them could easily be targeted, given that over 65% of detainees have no criminal records, the CATO Institute reported.
Immigrants are expressing fears more than ever, said McDonald. They are avoiding public transport, failing to go to the DMV to renew IDs, and avoiding appearing in court, data indicating many are even afraid to appear remotely.
Domestic abuse survivors have always had barriers preventing them from leaving their abusers, she said. Now, fear of being arrested can be added to their list of concerns, like where to shelter, how to feed their children, and how to make enough money to support themselves.
As Komolmait explained, the intimate partner, as the person in their space at all times, tends to take coercive control over the victim, immigrants being particularly vulnerable due to limited English and employment history, making them easy targets for exploitation using immigration status.
The new restrictions create an added layer of barriers, said Komolamit. Some are sociopolitical, created to prevent funding from being used for elective abortions or to prevent gender ideology from painting men as generally abusive. Other barriers create new financial hurdles as federal changes increase victims’ costs, adding new fees, and doubling, even tripling existing ones.
Getting protection grows harder every day, added Morgan Weibel, director of client advocacy and legal services at the Tahiti Justice Center, this as extreme vetting and interviews are added to the application process. Now required to be judged on a case by case basis, the new conditions create much more work for attorneys, meaning gaining asylum without a lawyer is next to impossible.
Attorney General Pam Bondi has walked back women’s human rights to the year 2018, said Weibel, when Attorney General Sessions declared women who flee domestic violence should be denied asylum.
“We know that women who come to the United States seeking safety and protection are brave. They’re powerful, and they’re courageous,” said Weibel. They’re saving themselves and their children’s lives by standing up to violence in this country.
Yet, In the U.S., there are supposed to be laws to protect them thanks to the 1994 bipartisan Violence Against Women’s Act (VAWA).
Sadly, early on in the Trump Administration, exemptions for survivors were eliminated. Now, VAWA applicants, and even approved applicants, can be detained and deported, this, as denied applicants await removal proceedings before a judge, Weiball explained.
The recent changes have set up justification for those inclined to reject cases, she added. “The most determinative factor in a survivor’s chance at success may now be based on the location in which they file their application, so much now left to the federal circuit courts.” Treatment varies widely across the country, she said, California’s Ninth Circuit having much better case law on women’s claims than the Fifth Circuit in Texas.
Should geography really determine the fate of a survivor’s safety? she asked. Victims are being deported to countries where they face risks of femicide and homicide, with many now calling on Congress for a sixth ground for asylum based on gender. This would make the legal basis for gender based claims more durable, preventing cases from hinging so much on political leanings, she said.
“There are some really serious due process concerns,” she added. Some suggest the Administration is encouraging judges to deny motions for online hearings, making people more susceptible to arrest, and a recent case allowed pretermit asylum decisions, meaning cases can be kicked out of court without even a hearing.
“The current political environment manipulates fear, added Komolamit. I can’t say that it’s black and white because it never is.” I think the Administration is trying to create fear and achieve unquestioned acquiescence, as well as a lack of understanding and dialogue.
It’s important that immigrants are aware of the U.S. laws set up to protect them and of the legal help available, McDonald urged. There are hotlines, protections for children and education, mental health support, and relief for those who have been separated from their families.
Our job is to be able to help the most vulnerable survivors, added Komolamit. “We do what we can because it is a necessity and because we save lives.”
Lots of communities are afraid, but there are folks out there to help, and the rights remain, Komolamit reminded. there are still legal rights. There are still lawyers, and there are still laws.
