Weakening VAWA

The Violence Against Women Act (VAWA) was passed by the United States Congress to protect immigrant women in abusive relationships. These women are even more vulnerable since their status is held hostage by their partner. For example, imagine an immigrant woman married to a U.S. citizen, and having a child with her husband. In some cases the abusive husband will refuse to petition for his wife's residency and citizenship. This leaves the woman with very little power to contact authorities and look for help. It is especially heart-wrenching when the husband threatens the wife with deportation and keeping the child. In some cases I've seen, the man will hide his wife's foreign passport, which means that she couldn't leave the country if she tried. She and her child are held prisoner. VAWA is supposed to give the woman an option where, if she can prove her eligibility, she can leave her abusive husband and petition for her own residency and citizenship. It is an extremely important tool for those advocating for abused women and children.

Even though the act was passed in 1994, Immigration has been very slow in taking it on. Adding insult to injury, in the last couple of months, officials have been interpreting the law as applicable only for legal immigrants. According to immigration officials, undocumented women who apply for citizenship under VAWA must first leave the U.S. and return to their home country and obtain a VISA. If they lived "illegally" in the U.S. for a year or more, they have to and wait an additional 10 years before entering the country again.

Some lawmakers contend that this interpretation is completely opposite from the original intent of the law and they are demanding answers. Rep. Zoe Lofgren and Sen. Edward Kennedy have written a letter to the United States Citizenship and Immigration Services (USCIS) insisting that this penalty (leaving the country and possibly waiting 10 years before returning) shouldn't apply to victims of domestic violence. Indeed, VAWA will lose most of its purpose otherwise.