Crossing Borders: Immigrants and Domestic Violence
Domestic violence among immigrants in the U.S. is a serious, underrecognized and complex problem. The Alliance for Immigrant Survivors suggests fear of deportation, lack of financial resources, language barriers, education level, and cultural practices impact victim access to – and likelihood of engaging with – important resources. The National Network to End Domestic Violence finds that the legal system, in particular, presents multiple barriers for immigrants who speak limited English and who hail from cultures that frown upon disclosing personal information in public settings.
A 2023 study found the incidence of DV among immigrants in the U.S. to be far higher than in the general population. This is not entirely surprising, as the U.S. response to immigrant domestic abuse has historically supported male control. For example, the Doctrine of Couverture, developed over centuries in England and adhered to in the U.S., cemented female nationality as dependent upon the male. The couple was one; the female was couvert or “covered” with no independent identity. According to Deborah Weissman at the University of North Carolina School of Law, early immigration law allowed access to U.S. Citizenship or Lawful Permanent Resident (LPR) status, but required spousal consent. This left the abuser in the driver’s seat as they could refuse to attend obligatory interviews and hide, destroy or deny victims access to required legal documents like passports and birth certificates. Other options for citizenship, like sponsorships, diversity visas and “asylee” or refugee status, were limited and required “well-founded” proof that persecution would result from returning to one’s country of origin. Under the Immigration Marriage Fraud Act of 1986, women could not own property and had to give their wages to their husbands. A 1990 amendment allowed a move from conditional to LPR status without the husband’s permission, but victims had to prove abuse by supplying affidavits, shelter records and hospital records, options that might not exist if they did not seek help. With the advent of the Violence Against Women Act in 2000, women could self-petition, but this option involved a complicated application process and required solid proof that hardship would result were the victim deported. Subsequent U-visas through U.S Citizenship and Immigration Services provided four years of legal status and work authorization for immigrants willing to assist law enforcement in pursuing abuser prosecution, but the government did not start processing applications until 2009, and a cap of 10,000 visas annually resulted in a significant backlog.
Researchers at the Battered Women’s JUSTICE Project, among others, offer several thoughts for providers working with immigrant survivors. More English as a Second Language programs, training in culturally sensitive interventions for healthcare providers and law enforcement, and research on understudied populations like non-heterosexuals and non-binary immigrants are needed. Information on immigrant rights should be widely distributed and translated into several languages. Providers must recognize that sharing new information and perspectives may aggravate abusers and increase the risk of abuse, and should take this into account when offering support.
Domestic violence and sexual assault are illegal in Maine and the U.S. Under Title IV, everyone, regardless of race, color, religion, sex, age, ethnicity, sexual orientation, disability and national origin, is protected from abuse and can access shelters and other domestic violence resources.The Immigrant Legal Advocacy Project (ILAP) trains New Hope Midcoast staff in best practices for working with immigrant victims. Our residential team provides housing and case management services for asylum seekers and connects them with supportive resources like the Immigrant Resource Center of Maine (IRCM) and ILAP to secure affordable housing and financial literacy training. Our coordinated community response model helps build a sense of community for victims who hail from cultures where relationships are primary. Interpreter services ensure immigrant survivors can be included in and understand all aspects of our programming. Advocates routinely provide red cards, outlining constitutional legal rights and protections and how to exercise them. Staff also assist victims with obtaining protection orders and missing essential documents.
New Hope Midcoast staff remain committed to offering culturally-sensitive responses and resources for everyone in need. Like immigrant survivors themselves, domestic abuse among immigrants crosses many borders and intersects with several other social systems. The cumulative result requires attention, care and cultural awareness. To learn more about how New Hope supports victim-survivors of domestic abuse, visit www.newhopemidcoast.org. If you or someone you know is experiencing domestic abuse, call the New Hope Midcoast 24/7 helpline at 1-800-522-3304.
New Hope Midcoast is one of Maine’s Regional Domestic Violence Resource Centers and a member of the Maine Coalition to End Domestic Violence. The nonprofit organization supports people impacted by domestic abuse, dating violence and stalking through housing and legal advocacy, education and prevention programs, and a 24/7 helpline. The organization serves Sagadahoc, Lincoln, Knox and Waldo counties. New Hope continues to meet clients where they are and recognizes that the impact of domestic abuse is widespread. We are survivor-led and believe that, together, we can address social concerns that continue right here in our communities.

