If
you are an immigrant to the United States, and you are a
victim of domestic violence or rape, here are some suggestions
we hope will help you.
1. You deserve
help, and as a crime victim, you have a right to all the same
crime victim services as any crime victim born in the United
States. Please don't be shy about calling police, using
women's shelters, calling rape crisis centers, applying for
victim assistance funds, or going to restraining order
clinics. You do not have to reveal your immigration status to
receive these services, and it is very unlikely you'll be
asked.
If you're still
afraid to call for help because you fear that authorities
might deport you, here's what you or a friend of yours can do.
You can call police, for example, don't give your name, and
say something like this. "I have a friend who is a victim of
domestic violence. But she's afraid to call police because
she's an immigrant in the United States and she doesn't have
documents. If my friend calls you for help, and you find out
she doesn't have documents, what will you do"?
But remember, we
only suggest this so you can convince yourself that
you won't be deported. In the past, it is true that some
immigrant women had this problem. But today, agencies that
give services to crime victims do not require that you are
legally in the United States in order for you to receive crime
victim services. In a recent informal survey we did of victim
advocates around the country, not one reported that they knew
of a case in the last five years where a woman with no
documents was reported to the INS because she had called the
police for help or sought other victim services.
2. What if the
person abusing you says that he will call INS and get you
deported if you call police or try to get help? It is
very, very common for violent men to make this threat to
immigrant women who are their victims. But it is virtually
impossible for these men to carry out this threat. To our
knowledge and experience, the INS does not act on calls from
one individual who calls up to report that another individual
is here in the United States illegally.
It's important to
take men's threats seriously. But in the case of this
common threat made by abusive men,- that they'll report you to
the INS and get you deported,- the men simply cannot carry it
out. So please don't let this threat stop you from getting
help.
And if you're
depending on your husband to petition for your green card and
he's abusing you, or he's threatening to stop the petition if
you leave him, remember that under U.S. federal law battered
immigrant women have the right to leave the abusive husband
and continue the petition on your own. The staff at battered
women's shelters and rape crisis centers can tell you how to
do it.
3. If you are
still afraid to seek help, ask someone to make the phone calls
for you, and to be with you when you deal with police and
other crisis workers. In fact, it's a very good idea when
you get help for domestic violence and rape to have someone at
your side as often as possible. Having someone with you makes
you feel safer, helps you remember information, and greatly
reduces the risk that officials might treat you badly or
ignore your needs. This is true even if the person who goes
with you doesn't speak a word of English and doesn't have any
idea how the system works.
4. What if you
can't think of anyone who can go with you or who can make
phone calls for you? It's very common for domestic
violence abusers and men who rape to very successfully isolate
you from human contact. This is especially easy for them to do
if you are newly arrived in the United States. Here are a few
suggestions for finding people who can help you make phone
calls or accompany you to more help. Remember, you don't have
to tell them everything in order to ask for their help. You
can simply say things like "Will you call this telephone
number for me and ask if they have somebody there who speaks
Spanish"? or "I've been a victim of a crime and I need to go
to court. Will you watch my children for the afternoon?" or
"My husband is abusive and I need a ride to police."
Here
are some people you should consider asking when you need help
making phone calls, help with transportation, or help with an
afternoon of childcare. Think about asking family members,
friends, neighbors, your minister or priest, people at your
church, co-workers, your children's teachers. Even if you
don't know the person well, if your intuition tells you the
person is kind, they will probably say yes, they will help.
And don't forget
to call the telephone operator for the telephone number of
your local rape or domestic violence center. These centers
have crisis phone lines that operate 24 hours a day, and most
of the time they have a staff member that speaks Spanish.
Again, if you're afraid to call, ask a friend to call for you.
5. Insist on
Good Translations
The United States Constitution says that all persons must
be given equal protection of the laws. The courts have
repeatedly ruled that this means everyone from native born
citizens to newly arrived immigrants whether or not that have
proper documentation. Every human being in the United States
has a right to equal protection of the laws.
The courts have
also ruled that in order to guarantee equal protection for
everyone public agencies must provide adequate translation for
people who don't speak English. This means that when you use
or need the services of public agencies such as police,
courts, and victim assistance centers, you have a right to an
interpreter.
High quality
translations are especially important for victims of violence
against women for many reasons. Your immediate safety depends
on the officer having a full understanding of what you're
saying. In addition, your statements to the police are the
central evidence in the criminal case, and they must be
accurately reported. And because it's so important that you
feel completely free to tell the officer everything, police
should not use other family members or neighbors to translate
your very personal story.
Here are some
other things that should help you better understand your
rights to good interpreting with police:
 | When you dial
911, if you don't speak English, tell the operator what
language you speak. All 911 operators have immediate
telephone access to highly qualified professional
interpreters in many languages. It shouldn't take more than
half a minute for the interpreter to join you on the line.
Don't hang up!
When the interpreter gets on the line with you and the
operator, stay on the line and keep answering the questions
with as much information as you can give. Don't hold back!
911 interpreters are always excellent interpreters. The
interpreter will pass on what you say to the 911 operator,
and the 911 operator will pass on what you say to the police
who are on their way to your call.
Keep talking. Tell the 911 interpreter and operator as much
as you can about your situation, tell them what the
perpetrator has said and done to you, tell them your fears,
and tell them if the perpetrator has hurt you before. Try to
keep talking on the 911 call until the police arrive at your
door.
|
| When police
arrive, ask the officer if he or she speaks your language.
If the officer speaks your language well, tell the officer
everything. If the officer doesn't speak your language well,
or doesn't speak your language at all, tell the officer as
best you can that you want an interpreter.
Even though you have a right to good translation from the
police, the reality is that some police still don't take
this obligation seriously. Be aware that the police officers
responding to your call have access to the same telephone
interpreter service as the 911 operator. And the police can
use any telephone to call the interpreter service. Police
can use a cell phone, the telephone at your home or the
telephone wherever you are. So push the police as much as
you can to get you an interpreter.
|
| If the police
try to use a family member, or a neighbor, or another member
of your household to interpret, tell the person to tell the
officer that you want a telephone interpreter so you can
feel more comfortable and so the officer can understand you
well. Your life deserves accuracy.
|
| If the officer
does not get you a professional interpreter, one thing you
can do is grab a piece of paper and write your statement in
your own language, and then hand the statement to the
officer. This way, even if the officer doesn't understand
you, you will have an accurate statement in the police
report.
|
| Another thing
you can do if the officer doesn't understand you is to call
911 again, either while the officer is still there or when
the officer has left. When the interpreter comes on the
line, tell the interpreter that the police officer didn't
understand you. Then tell the interpreter all the important
information that you want the police to know.
|
| The key thing
to remember is that the interpreters on 911 calls are always
quality, professional interpreters. Your safety depends on
good communication and you have a right to good
communication. So if police don't understand you completely,
don't hesitate a second to dial 911 as many times as you
need to get your story communicated and your safety secured.
|
