Domestic Violence and Immigrants in Family Court

• Date: 01 January 2012
• Published date: 01 January 2012
• Author: Veronica T. Thronson
• DOI: http://doi.org/10.1111/j.1755-6988.2011.01072.x

Domestic Violence and Immigrants in Family Court

By Veronica T. Thronson

ABSTRACT

Immigrants, particularly women and children, are at greater risk for domestic violence

not only because of their immigration status, but because of the way U.S. immigration law

is structured. This article explores important aspects of the link between domestic violence

and immigration law. First, it analyzes the way in which U.S. immigration law frameworks

enable domestic violence and empower abusers. Second, it outlines the current relief options

available in immigration law that use domestic violence as a factor. The article discusses the

ways in which these issues may arise in family court proceedings and suggests approaches

for addressing these issues to prevent the further victimization of vulnerable women and

children.jfcj_107263..76

INTRODUCTION

The close relationship between domestic violence and U.S. immigration law is well

established, if not widely understood by family court judges and advocates. Of some familiarity

to many courts and advocates are some of the multiple avenues for immigration relief that are

associated with domestic violence, such as immigration-related provisions of the Violence

Against Women Act. These complex and constantly evolving immigration law provisions

create links between immigration status options for victims and proof of various forms of

domestic violence, and thus highlight the connection between immigration and domestic

violence on a functional level. Less fully appreciated are the underlying reasons why such relief

is needed. Immigration relief provisions are not simply mechanisms to provide a humanitarian

bonus to persons who have survived domestic violence. Instead, they are a concerted effort to

counteract the manner in which immigration law itself contributes to the perpetuation of

domestic violence.

Immigrants, particularly women and children, are at greater risk for domestic violence

not only because of their immigration status, but because of the way U.S. immigration law is

structured.1As newcomers, immigrants often are less aware of their rights to protection and

assistance. Immigrants without lawful status are outsiders in society and face uncertainty about

1 Because an overwhelming number of abused victims are women and children, gender references in this

article refer to women. Most of the forms of immigration relief discussed in this article are gender neutral and

available to male victims as well.

Veronica T. Thronson, J.D., is an Assistant Clinical Professor of Law and Director of the Immigration Law

Clinic at Michigan State University College of Law. Previously she served as Directing Attorney of the Domestic

Violence Project at the Legal Aid Center of Southern Nevada and as the Director of Training and Legal Services at

the New York Immigration Coalition. Correspondence: veronica.thronson@law.msu.edu

Juvenile and Family Court Journal 63, no. 1 (Winter) 63

© 2012 National Council of Juvenile and Family Court Judges