'Helpfulness' is a Two-Way Street: How the Commonwealth of Virginia Can Support Undocumented Survivors of Domestic Violence

Abstract

Domestic violence is not limited to one race, ethnicity, socioeconomic status, nationality, or religion, nor to one town, city, or region. Immigrant survivors of domestic violence residing in the United States face barriers to reporting the violence they have experienced similar to U.S. citizen survivors, such as a fear of more violence upon leaving the relationship, religious and social pressure, and a fear of being “outed” as LGBTQ+ by their partner. However, these barriers may be exacerbated or seem insurmountable because of their immigration status, or lack thereof. In 2000, Congress created the U Visa to help support undocumented immigrant survivors of crimes—including domestic violence—by creating a path to lawful status if they worked with law enforcement in the investigation or prosecution of the crime. Because of the increased collaboration between local law enforcement and immigration enforcement authorities, it is imperative that states, including Virginia, pass legislation that meets survivors halfway. Survivors overcome layering barriers to seeking help in cases of domestic violence, and especially in reporting to law enforcement. In recognition of the barriers that survivors face in reporting domestic violence cases, states like Virginia should pass legislation that (1) makes federal definitions of key terms in the U Visa regulations part of Virginia law, (2) includes a presumption of helpfulness for the purposes of Law Enforcement Certifications, (3) explicitly says that the conviction of the perpetrator or testifying at trial are unnecessary for helpfulness, (4) ensures that education on U and T Visas is part of police training, and (5) includes a data collection mechanism on U Visa certifications. This localized legislation would drastically change the lives of survivors across the Commonwealth of Virginia, bringing stability to the lives of survivors and rebuilding trust between survivors and law enforcement.