Abused, Abandoned, or Neglected: Legal Options for Recent Immigrant Women and Girls
Date
2016
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Publisher
Pennsylvania State Journal of Law & International Affairs
Abstract
Special Immigrant Juvenile Status (SIJ) was created to benefit and protect children who had been abused, abandoned, or neglected, and ensures their continued safety in the U.S.. This article provides an overview of immigration relief available to help immigrant women and girls living in the U.S. and discusses how the process of applying for SIJ, in particular, requires involvement of both state family courts and the U.S. Department of Homeland Security’s Citizenship and Immigration Services (USCIS). This article discusses the legislative history and the social science research that supported both the creation of Special Immigrant Juvenile Status (SIJ) and the expansion of SIJ protections through the Violence Against Women Act of 2005 (VAWA) and the Trafficking Victim’s Protection and Reauthorization Act of 2008 (TVPRA). Women and children seeking safe haven in the U.S. are often fleeing severe forms of violence that they have suffered in their home countries. It is important for government agencies, attorneys, advocates, and law enforcement to be aware of and understand the rates of victimization among recent immigrants and be knowledgeable about immigrant victims’ legal rights in the U.S.. Advocates and attorneys play a crucial role in informing abused immigrants about their legal rights, supporting them through the legal process, safety planning, and encouraging those at greatest risk to turn to the justice system for help. A significant proportion of the immigrant and undocumented crime victims who, with support from advocates and attorneys, file immigration cases and seek protection orders embark on a path in which they develop trust of the justice system that greatly increases their willingness to call police and turn to the justice system for help. (from Author Introduction)
Description
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Keywords
child abuse, neglect, physical abuse, sexual abuse, law, policy
Citation
Fitzpatrick, M., & Orloff, L. E. (2016). Abused, Abandoned, or Neglected: Legal Options for Recent Immigrant Women and Girls. Pennsylvania State Journal of Law & International Affairs, 4, 614-814.