Preventing Violence Against Women By Illegal Aliens Act

Floor Speech

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Ms. JAYAPAL. Mr. Speaker, here we are, once again, with my Republican colleagues bringing a bill to the floor that does absolutely nothing to address the needs of the American people.

My Republican colleagues made lots of campaign promises to lower costs for everyday Americans, but not a single bill so far has done anything like that. Instead, this week appears to be a week where they say they are protecting women, yet their actions tell a different story.

Today, we are discussing a bill that takes the Violence Against Women Act, a bill meant to protect victims of domestic violence, and weaponizes it against domestic violence victims.

Mr. Speaker, that is exactly why 200 local and national advocacy organizations for survivors of domestic violence from across the country with deep expertise in this area have come out so strongly to oppose this bill.

I am talking about the National Task Force to End Sexual and Domestic Violence, the National Alliance to End Sexual Violence, the National Network to End Domestic Violence, the Asian Pacific Institute on Gender-Based Violence, and groups that serve domestic violence survivors in more than 40 States across the country.

Let me be very clear once again. Under our current laws, those who are convicted or admit to domestic violence or crimes listed in this bill are already deportable and inadmissible to the country. There is actually no gap in the law that needs to be fixed.

Instead, in a perverse move, this bill would make it easier to label survivors of domestic violence as perpetrators to make them removable from the country and eliminate existing legal safeguards that protect survivors. Once again, this is a bill that widens the highway to Donald Trump's mass deportation plans.

I want to talk through an example. The police show up to a domestic violence call. The victim was attacked by her abuser, and she fought back in self-defense. Maybe the abuser has some scratches on his face.

It is common practice for the police to arrest both parties in that situation when responding to a domestic violence incident. The police write a report, describing how the victim hit her abuser in self- defense.

Under this bill, that is an admission constituting the elements of domestic violence, and this woman is now inadmissible and subject to deportation. Even if she is never charged, even if a judge later rules that she did not commit any crime, that so-called admission in the police report that she responded in self-defense to hit her abuser is enough to make her inadmissible under this bill.

Again, that is why more than 200 advocacy organizations for domestic violence survivors, deeply ensconced in the material of what happens every day across the country far too often, are all deeply opposed to this legislation. They know that this expansive bill that eliminates the existing safeguards for domestic violence survivors will harm those exact survivors and create a chilling effect for reporting future crimes, empowering abusers to go after immigrant women and children.

Right now we are only talking about immigrant survivors. Is this bill the start of a dangerous road, watering down protections for all victims of domestic violence across the country? Who is next?

The Violence Against Women Act is a landmark piece of legislation, a testament to a time when Democrats and Republicans could actually come together and legislate on issues of fundamental importance to this Nation, despite our differences.

The initial iteration of VAWA passed the House by voice vote. Can you imagine that? It passed by voice vote. It reshaped how we as a country talk about gender-based violence and how we treat survivors.

The Violence Against Women Act recognized that we cannot be serious about eliminating violence against women if we are not equally serious about eradicating violence against everyone, regardless of immigration status.

There are so many reasons why individuals in domestic violence situations are unjustly forced into the criminal legal system. We have seen the data. Too often survivors are arrested alongside their abuser, and they are charged and even convicted of crimes involving violence which later prove to be in self-defense or unjustly charged. This bill makes it more likely that we harm the very people we want to protect.

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Ms. JAYAPAL. Mr. Speaker, here is the cruel irony. In the same week that Republicans are putting forth the nomination of a Secretary of Defense who won't even say that sexual assault is disqualifying, Republicans want to fool you into thinking that they care about domestic violence and sexual assault survivors.

I suppose I shouldn't be surprised. Despite VAWA's bipartisan history, we now have to fight tooth and nail to reauthorize it. It was Republicans who let the Violence Against Women Act languish and expire for 3 years. The leader of the Republican Party is once again a man who was found liable for sexual misconduct and bragged about grabbing and forcibly kissing women without their consent.

Last year, we celebrated the 30th anniversary of VAWA's enactment. Today, we have to watch our colleagues across the aisle make another cheap attempt to divide us and play gotcha politics. We should work together to eradicate domestic violence.

My bill, the WISE Act, would strengthen protections for survivors. I wish we could do that here and not this harmful, misleading bill. I urge my colleagues to oppose it.

Mr. Speaker, I include in the Record a letter from over 200 local and national domestic violence organizations who oppose this bill. National Task Force To End Sexual & Domestic Violence January 13, 2025.

Honorable Members of the House, The undersigned groups that serve and advocate on behalf of victims of domestic violence, sexual assault, dating violence, stalking, and human trafficking, write to voice our opposition to HR 30.

We oppose this legislation as it would expand the circumstances under which domestic violence, child abuse and neglect, stalking, and sex offenses would constitute grounds of inadmissibility, as well as expand the definition of domestic violence to be considered for inadmissibility or deportability grounds. These measures would negatively impact immigrant survivors of domestic and sexual violence, and fail to alleviate the primary barriers to safety and stability experienced by survivors seeking relief under the Immigration and Nationality Act.

We are especially troubled that this legislation fails to include waivers that take into account the needs of the victim or their family, and that it will limit the discretion that judges can exercise where the equities warrant, including situations where survivors who are inadvertently caught up in the criminal legal system will be harmed.

Unfortunately, immigrant victims are particularly vulnerable to being arrested and prosecuted for domestic violence if they acted in self-defense or are accused by an abuser of being a primary aggressor. A well-known tactic of abusers to maintain power and control over their victims is to report (and threaten to report) their partner to authorities, including local law enforcement, child protective services, ICE, and others--falsely claiming that their partner (the victim of their violence) is the one who is violent, neglectful, etc. These false reports (and the threats of them) are too often highly effective at keeping victims trapped in violent relationships.

Moreover, we know that parents of color are disproportionately accused of child abuse offenses, including abandonment and neglect. Domestic violence survivors are not infrequently charged with child neglect for having ``failed to protect'' their children from witnessing or exposure to an adult's violence committed against the non-abusive parent, resulting in doubly penalizing the survivor and the children for violence committed by someone else. This legislation creates grounds of inadmissibility for these offenses without requiring a conviction, in circumstances where an individual admits that they committed acts that would constitute a crime.

Language and cultural barriers, fear of the abuser and the authorities, confusion, intimidation, a lack of awareness of rights, and a lack of access to advocates and other resources, all may prevent an immigrant victim from being able to communicate what really happened. Once in custody and/or facing trial, and desperate to be released and reunited with their children, these same factors--combined with poor legal counsel, particularly about the immigration consequences of criminal pleas and convictions--could lead to ineligibility for status, or the deportation of wrongly accused victims who may have pled to or been unfairly convicted of domestic violence charges.

The legislation's expansion of the definition of domestic violence, which was expressly included in the Violence Against Women Act to allow for the provision of a greater array of victim services, to include circumstances that may not involve violence, physical force, or threats of such is also likely to sweep more survivors into the scope of the ground of inadmissibility or deportability. This will result in more victims being deported and/or bar them from obtaining lawful status. In so doing, it invites additional scrutiny of survivors during the course of their efforts to obtain immigration protections and safety from violence.

Furthermore, expanding the grounds of inadmissibility or ineligibility for status with no waivers would increase the risk that victims will decline to seek assistance from law enforcement or services if they fear that it will result in a family member being barred from legal status. When creating penalties, balance is key. Deterrence is critically important but will be ineffective if consequences are so severe that survivors will not come forward.

Although we are grateful for the efforts of lawmakers to seek to address the impact of domestic violence, sexual assault, dating violence, and stalking, we believe the best way to do so is by expanding accessibility of survivor-based immigration relief and related benefits to noncitizen survivors, and by eliminating the cap on visas available to petitioners for U and T nonimmigrant visas and the number of cases eligible for final adjudications of VAWA Cancellation of Removal. Rather than rushing to enact additional immigration pe4alties that could cause harm to survivors, we urge Congressional representatives to consult with service providers and survivors themselves to develop legislation that is responsive to their experiences and needs.

As a diverse coalition of organizations serving and advocating on behalf of victims of domestic violence, sexual assault, dating violence, and stalking, we thank you for paying vigilant attention to how this bill, by expanding the ways in which domestic violence arrests cad prevent people from accessing or maintaining legal status, can ultimately have devastating consequences for immigrant victims of domestic violence. Sincerely, National Organizations

Asian Pacific Institute on Gender-Based Violence, ASISTA Immigration Assistance, Esperanza United, Tahirih Justice Center, AF31RM, Alliance of Tribal Coalitions to End Violence, American Friends Service Committee (AFSC), Americans for Immigrant Justice, American Muslim Health Professionals, Autistic Self Advocacy, Black Women's Blueprint, BWJP, Caminar Latino-Latinos United for Peace and Equity, Caring Across Generations, Center for Constitutional Rights, Center for Gender & Refugee Studies, Coalition for Humane Immigrant Rights (CHIRLA), Center for Popular Democracy, Coalition on Human Needs, Coalition of Labor Union Women, AFL-CIO, Congregation of Our Lady of Charity of the Good Shepherd, U.S. Provinces, Freedom Network USA, Futures Without Violence, Gender-Based Violence Consulting, Human Trafficking Legal Center, IAmProSe, Immigrant Legal Resource Center, Japanese American Citizens League, Jewish Women International, Joyful Heart Foundation, Just Solutions, Justice in Aging, Justice and Joy National Collaborative (formerly National Crittenton).

Justice for Migrant Women, Legal Momentum, Lovelace Consulting, Mujeres Latinas en Accion, National Advocacy Center of the Sisters of the Good Shepherd, Nationat Alliance to End Sexual Violence, National Association of Social Workers, National Center on Domestic Violence, Trauma, and Mental Health, National Council of Jewish Women, National Employment Law Project, National Indigenous Women's Resource Center, National LGBTQ Institute on Intimate Partner Violence, National Network to End Domestic Violence, National Resource Center on Domestic Violence, National Survivor Network, National Women's Law Center, Planned Parenthood Federation of America, Public Advocacy for Kids (PAK), Reframe Health and Justice, Refugees International, Respect Together, Safe Havens Interfaith Partnership Against Domestic Violence and Elder Abuse, SAGE Empowerment, Sahiyo U.S., Sisters of Mercy of the Americas Justice Team, South Asian SOAR, The National Domestic Violence Hotline, UltraViolet Action, VALOR, Youth First Justice Collaborative, YWCA USA. State, Territorial, and Local Alabama:

AshaKiran. Arizona:

Arizona Coalition to End Sexual and Domestic Violence, William E. Morris Institute for Justice. Arkansas:

Arkansas Coalition Against Sexual Assault. California:

California Partnership to End Domestic Violence, Coalition to Abolish Slavery and Trafficking, Al Otro Lado, Asian Law Alliance, Community Solutions, Empower Yolo, Haus of a Stranger, Healthy Alternatives to Violent Environments, Immigration Center for Women and Children, Justice At Last, Los Angeles LGBT Center, Maitri, North Coast Rape Crisis Team, Peace Over Violence, Project Sister Family Services, Rape Counseling Services of Fresno, Reach the Valley (REACH), Verity, Wild Iris Family Counseling and Crisis Center, YWCA Golden Gate Silicon Valley. Colorado:

Colorado Coalition Against Sexual Assault, Violence Free Colorado, American Friends Service Committee, Colorado Companeros: Four Corners Immigrant Resource Center, Colorado Immigrant Rights Coalition, El Corazon LLC, Swan Counseling Services, Denver Justice and Peace Committee. Connecticut:

Connecticut Coalition Against Domestic Violence. Delaware:

Delaware Coalition Against Domestic Violence (DCADV). District of Columbia:

DC Coalition Against Domestic Violence, Asian Pacific American Legal Resource Center, Bend the Arc: Jewish Action, The Person Center. Florida:

Florida Legal Services, Inc. Georgia:

Georgia Coalition Against Domestic Violence, Clayton County Association Against Family Violence, Inc., Columbus Alliance for Battered Women, Inc. d/b/a Hope Harbour, International Women's House, Northwest Georgia Family Crisis Center, Inc., Raksha, Inc. Hawaii:

Domestic Violence Action Center, Maui Economic Opportunity, Inc. Idaho:

Idaho Coalition Against Sexual and Domestic Violence. Illinois:

Illinois Coalition Against Domestic Violence, Illinois Coalition Against Sexual Assault, Illinois Accountability Initiative, Illinois Alliance for Reentry and Justice, Arab American Family Services, Legal Aid Society of Metropolitan Family Services, The Porchlight Collective SAP. Indiana:

Indiana Coalition Against Domestic Violence, Inc., Indiana Coalition to End Sexual Assault and Human Trafficking (ICESAHT), Family Service Association, ASSIST Indiana, Inc., The Caring Place, Sheltering Wings, The Center for Women and Families, Inc., The Stepping Stone Shelter. Iowa:

Iowa Coalition Against Domestic Violence, EMBARC Iowa. Kansas:

Kansas Coalition Against Sexual & Domestic Violence. Kentucky:

Kentucky Association of Sexual Assault Programs, ZeroV. Louisiana:

Louisiana Foundation Against Sexual Assault. Maine:

Maine Coalition to End Domestic Violence, Maine Coalition Against Sexual Assault, Preble Street. Maryland:

Maryland Coalition Against Sexual Assault, Network Against Domestic Violence, The Human Trafficking Prevention Project, University of Maryland SAFE Center. Massachusetts:

Jane Doe Inc. Michigan:

Michigan Coalition to End Domestic and Sexual Violence, SafeHouse Center. Minnesota:

Violence Free Minnesota, Transforming Generations. Mississippi:

Mississippi Coalition Against Domestic Violence. Montana:

Montana Coalition Against Domestic and Sexual Violence. Nebraska:

Nebraska Coalition to End Sexual and Domestic Violence, Catholic Charities of Omaha, Parent-Child Center, Rape and Domestic Abuse Program, Willow Rising. Nevada:

Nevada Coalition to End Domestic and Sexual Violence, Immigration Center for Women and Children--Nevada Office. New Jersey:

New Jersey Coalition to End Domestic Violence. New Mexico:

Tewa Women United. New York:

New York State Coalition Against Domestic Violence, Brooklyn Defender Services, Co-Counsel NYC, Catholic Migration Services, Jahajee Sisters, Her Justice, Inc., Hope's Door, Northern Manhattan Improvement Corporation, Safe Horizon Immigration Law Project, The Legal Aid Society, Turning Point for Women & Families, urban justice center | domestic violence project, Violence Intervention Program, Womankind. North Carolina:

North Carolina Coalition Against Domestic Violence, NC Coalition Against Sexual Assault, Family Abuse Services, Families First, Inc., Friend to Friend, Kearah's Place Inc., Our Voice, Ruth's House, Safelight Inc., Shining Light in Darkness, UCare, Inc. Ohio:

Ohio Alliance To End Sexual Violence, Ohio Domestic Violence Network, Advocating Opportunity. Oregon:

Oregon Coalition Against Domestic and Sexual Violence. Pennsylvania:

Pennsylvania Coalition Against Domestic Violence, Pennsylvania Immigration Resource Center, Pennsylvania Coalition to Advance Respect, Citizens Against Physical, Sexual, and Emotional Abuse, Inc. (CAPSEA, Inc.), Congreso de Latinos Unidos, Domestic Violence Services of Southwestern Pennsylvania, Family Services Incorporated, Laurel House, Lutheran Settlement House, SEAMAAC, Inc., Safe Monroe, Turning Point of Lehigh Valley, Inc., Victims Resource Center, Women's Center of Greater Pittsburgh, Women In Transition, The Women's Center, Inc., WRC. Puerto Rico:

Casa Juana Colon, Centro de la Mujer Dominicana, Inc. Rhode Island:

Rhode Island Coalition Against Domestic Violence. South Carolina:

South Carolina Coalition Against Domestic & Sexual Assault. Tennessee:

Tennessee Coalition to End Domestic and Sexual Violence. Texas:

Daya Inc., Houston Immigration Legal Services Collaborative, Mosaic Family Services. Utah:

Utah Coalition Against Sexual Assault, Utah Domestic Violence Coalition. Vermont:

Vermont Network Against Domestic and Sexual Violence, AWARE, Inc., Mosaic Vermont, NewStory Center, Safeline, Inc. Virginia:

Virginia Sexual and Domestic Violence Action Alliance, Ayuda. Washington:

WA State Coalition Against Domestic Violence, API Chaya, Northwest Immigrant Rights Project, YWCA of Walla Walla. West Virginia:

West Virginia Coalition Against Domestic Violence. Wisconsin:

End Domestic Abuse Wisconsin, Wisconsin Coalition Against Sexual Assault, ASTOP, Inc. Sexual Abuse Center, BeLEAF Survivors, Benedict Center, Deaf Unity, FREE, Freedom, Inc., FRIENDS, Inc., Embrace Services, Inc., Reach Counseling, Roots4Change Cooperative, UNIDOS Against Domestic ViolenceStepping Stones, Inc., We All Rise AARC. Wyoming:

Wyoming Coalition Against Domestic Violence and Sexual Assault.

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