Understanding Immigration Issues: S.T.O.P. in Action in Alaska
In a previous blog post, we gave a brief introduction to the S.T.O.P. in Action booklet. The book highlights success stories from the S.T.O.P. Formula Grants Program in each state and territory. Each week we will post one of these stories. Make sure to check back next week to see if your state is featured or follow us on Twitter for these and other updates. This week’s story comes out of Alaska, where an agency assists a survivor of domestic violence with abuse and immigration legal issues:
Joan1, a Barbados citizen, entered the United States on a visitor's visa in April 2007. She married Roy1, a U.S. citizen, about a year-and-a-half later in New York. She has two daughters, ages fifteen (15) and four (4,) and is pregnant with Roy's child. Roy has a long history of criminal convictions and domestic violence, a fact that Joan did not know until later in their relationship. Prior to meeting Joan, three different women had filed domestic violence protective orders against Roy and he has twice been convicted of domestic violence-related assaults.
Roy started physically abusing Joan approximately two months after they were married. The assaults were brutal, occurred on a daily basis, and left bruises and black eyes.
Neighbors called the police during one assault; the officers who arrived at the house later contacted U.S. Immigration and Customs Enforcement (ICE). ICE agents came to the house, but did not arrest Joan. They told her to report to the immigration office in New York on the following day. She did so and was served with a Notice to Appear in court for her deportation hearing. The Notice to Appear did not contain the date on which she needed to appear in court. A letter with the hearing date was mailed sometime later, but due to Roy's continued abuse, Joan did not receive it and was unaware that the hearing was set for February 2009. Joan did not appear at the hearing, and the immigration judge issued a deportation order against her.
Soon after this, Joan and Roy moved to Anchorage, Alaska, and lived with Roy's mother. Roy continued to abuse her. The final incident of abuse occurred in July 2009 during which Roy beat and strangled Joan until she lost consciousness. Joan reported the abuse to the police and Roy was arrested. Joan sought a civil protective order.
In retaliation for Joan's report of abuse to the police, Roy's family members contacted immigration authorities. ICE officers arrested her at the courthouse while she was preparing to testify at her protective order hearing. She was detained for 12 days. During this period of time, her two children had no place to live and no one to care for them.
Joan had previously worked with the Alaska Immigration Justice Project (AIJP) on her immigration case, and she contacted them again after her arrest. AIJP staff2 immediately took action to prevent her from being deported and to find proper care for her children. AIJP asked the Anchorage Police Department to sign a U-Visa form certifying that Joan was being helpful in the prosecution of the domestic violence crime committed against her. Because of the training they had previously received from AIJP (funded with STOP dollars), the police department knew about and understood the importance of the certification form; they signed it within twenty-four hours of Joan’s detention. The certification form was instrumental in securing Joan’s release and in preventing her deportation. AIJP also coordinated with attorneys in New York to file pleadings addressing the deportation order, and located a friend of Joan’s and arranged for the children to stay with her while Joan was detained.
AIJP is currently in the process of working to terminate Joan’s deportation case. Joan’s children are back with her, she employed, and has secured housing with the assistance of AIJP. Attorneys at the agency will continue to represent her until she receives her immigration documents.
Joan’s protective order against Roy is still active and he has not violated it. He was criminally charged for the July 2009 assault and is awaiting prosecution.
View the S.T.O.P. in Action film to take a deeper look at the promising S.T.O.P. funded work. For more information on ALSO’s STOP Technical Assistance to Administrators Resource (STAAR) Project, click here.
1Not their real names.
2 STOP Grant funds supported a portion of an attorney’s time and a portion of an advocate’s time.