WASHINGTON, D.C. (July 18, 2017) — U.S. Senators Tom Udall and Martin Heinrich sent a letter to U.S. Department of Homeland Security (DHS) Secretary John Kelly expressing their serious and growing concern that DHS personnel have taken steps to erode longstanding protections for immigrant survivors of domestic violence, sexual assault, human trafficking, and other crimes, undermining the bipartisan Violence Against Women Act (VAWA), the Trafficking Victim Protection Act (TVPA), and other state and federal laws enacted to protect survivors.

"Survivors of domestic violence, sexual assault and trafficking often face extraordinary barriers to escaping abuse and any efforts by DHS, ICE, or CBP should be carefully thought out to make sure they do not discourage reporting or enable abusers to continue their abuse," wrote the senators. "The recent changes in enforcement priorities, your February 20, 2017 memorandum implementing President Trump's executive order on interior enforcement (2017 Kelly Memo), and reports of U.S. Immigration and Customs Enforcement (ICE) agents in the field, cast this sense of certainty in question."

In their letter, the senators emphasized the importance of providing immigrant survivors of domestic violence and other crimes a sense of certainty and safety about coming forward to law enforcement.

Additionally, the senators raised concern over the Trump Administration's immigration enforcement priorities, citing a recent report that Immigration and Customs Enforcement (ICE) agents showed up in a courtroom for human trafficking victims. The administration's new enforcement practices are creating fear and confusion within communities across New Mexico.

Previously, ICE recognized that trust between law enforcement and survivors of crime is critical to bringing perpetrators to justice. The senators demanded that existing protections remain in place for survivors, and for DHS to clarify for the public what policy Customs and Border Protection (CBP) and ICE will rely on when enforcing immigration laws for survivors of domestic violence, sexual assault, trafficking, and other crimes and in sensitive locations.

The full letter can be found here and below.

The Honorable John F. Kelly
Secretary
U.S. Department of Homeland Security
3801 Nebraska Avenue, NW
Washington, D.C.

Dear Secretary Kelly:

We write to express our serious and growing concern that U.S. Department of Homeland Security personnel have taken steps to erode longstanding protections for immigrant survivors of domestic violence, sexual assault, human trafficking, and other crimes, undermining the bipartisan Violence Against Women Act ("VAWA"), the Trafficking Victim Protection Act ("TVPA"), and other state and federal laws enacted to protect survivors.

Congress has taken many actions to protect survivors and to remove from the hands of abusers the ability to use immigration enforcement as a tool of control. Under VAWA, spouses, children, and parents of U.S. citizens or lawful permanent residents may "self-petition" to obtain lawful permanent residence. These commonsense provisions allow individuals the right to petition for an immigrant visa in order to seek safety and independence from an abuser, without the abuser's involvement. Congress created the U and T visas in 2000 to "strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of domestic violence, sexual assault, trafficking(...)and other crimes (...) committed against aliens, while offering protection to victims of such offenses in keeping with the humanitarian interests of the United States."

Previously, U.S. Immigration and Customs Enforcement ("ICE") recognized that trust between law enforcement and survivors of crime is critical to bringing perpetrators to justice. The ICE memorandum issued by then ICE Director John Morton ("Morton Memo") advised that ICE officers, special agents, and attorneys should exercise all appropriate prosecutorial discretion to curtail any effect that immigration enforcement may have on the willingness of survivors, witnesses, and plaintiffs to call the police and pursue justice, which included survivors of domestic violence, sexual assault, human trafficking, and other crimes. The Morton Memo provided undocumented survivors a sense of certainty and safety about coming forward to law enforcement to report crimes.

However, the recent changes in enforcement priorities, your February 20, 2017 memorandum implementing President Trump's executive order on interior enforcement ("2017 Kelly Memo"), and reports of ICE agents in the field, cast this sense of certainty in question. While the U.S. Customs and Border Protection ("CBP") website continues to state that, "ICE and CBP conduct their enforcement actions consistent with the Department of Homeland Security's November 20, 2014 memorandum prioritizing the removal of national security, border security, and public safety threats," the 2017 Kelly Memo states "the Department no longer will exempt classes or categories of removable aliens from potential enforcement."

Furthermore, all immigration enforcement guidance issued by previous Administrations that conflicts with the 2017 Kelly Memo were rescinded, with two stated exemptions listed. It remains unclear whether the Morton Memo is considered "in conflict" and has subsequently been rescinded in its entirety, or remains in effect. Together, the Morton Memo and CBP's Sensitive Locations FAQs proved valuable for organizations supporting survivors to understand enforcement practices and how best to protect the people they serve. This lack of clarity calls into question how CBP and ICE will interact with survivors of domestic violence, sexual assault, trafficking, and other crimes. These concerns were magnified last week, when it was reported that ICE agents showed up in a courtroom for human trafficking victims. Inevitably, this complicates immigration enforcement practices, leaving the Department, Congress and, most importantly, the public, confused and unclear regarding ICE and CBP's policies related to survivors of abuse and enforcement at sensitive locations.

We hope these protections remain in place for survivors, but to clarify for the public what policy CBP and ICE rely on when enforcing immigration laws for survivors of domestic violence, sexual assault, trafficking, and other crimes and in sensitive locations, we request you provide the following information no later than July 31, 2017:

  1. A detailed description of any change in DHS policy or procedures, since January 19, 2017, that allows for DHS agents to detain a survivor or witness of domestic violence, sexual assault, human trafficking, or other enumerated crime listed in INA §101(a)(15)(U), and under what conditions.
  2. A detailed description of how DHS and ICE conducts oversight of its immigration enforcement actions in the field, including as it pertains to individuals enumerated in 8 USC §1367 or in locations enumerated in 8 USC §1229(e), including individuals who were detained "collaterally" to other enforcement targets.
  3. A copy of any written policies or standard practices DHS and ICE personnel follow when they are presented with information about a potential survivor or a person described in 8 USC §1367.
  4. A description of how the Executive Order pertaining to interior enforcement will be implemented by local DHS personnel, ICE agents, and ICE trial attorneys, as it relates to survivors and witnesses who may fall into the enumerated enforcement priorities, and what guidance local DHS personnel, ICE agents, and ICE trial attorneys were provided on this matter.
  5. A detailed description of how expansion of INA §287(g) agreements and reinstatement of the Secure Communities program, as described in the interior and border enforcement Executive Orders, will address training, policy, and protocol relating to individuals eligible for protections under VAWA and the TVPA.
  6. A detailed description of how the Executive Order pertaining to interior enforcement will be implemented as it relates to the Privacy Act and personally identifying information about non-citizens who may be survivors of domestic violence, sexual assault, stalking, human trafficking or other crimes, but not yet identified or otherwise indicated as a survivors in DHS' record systems. In your response, address disclosures of survivor information made on the Victim Information and Notification Exchange ("VINE"), including what actions DHS is taking to ensure any information about the identity or location of a survivor is protected.
  7. A detailed description of how the Executive Order pertaining to interior enforcement will be implemented as it relates to the Victims of Immigration Crime Engagement ("VOICE") Office, and non-citizen survivors of domestic violence, sexual assault, human trafficking, and other crimes and witnesses who are potentially eligible for protections under the VAWA, TVPA, Special Immigrant Juveniles, and other humanitarian immigration protections.
  8. Specific clarification as to whether the June 2011 Morton Memo was rescinded.

In the future, we urge you and the Department's personnel to carefully consider the impact of any change to DHS, ICE, or CBP enforcement policy on survivors of domestic violence, sexual assault, trafficking, and other crimes, before any decision is made. Survivors of domestic violence, sexual assault and trafficking often face extraordinary barriers to escaping abuse and any efforts by DHS, ICE, or CBP should be carefully thought out to make sure they do not discourage reporting or enable abusers to continue their abuse.
Thank you for your prompt attention to this matter.

Sincerely,

Content on the Beat

WARNING: All articles and photos with a byline or photo credit are copyrighted to the author or photographer. You may not use any information found within the articles without asking permission AND giving attribution to the source. Photos can be requested and may incur a nominal fee for use personally or commercially.

Disclaimer: If you find errors in articles not written by the Beat team but sent to us from other content providers, please contact the writer, not the Beat. For example, obituaries are always provided by the funeral home or a family member. We can fix errors, but please give details on where the error is so we can find it. News releases from government and non-profit entities are posted generally without change, except for legal notices, which incur a small charge.

NOTE: If an article does not have a byline, it was written by someone not affiliated with the Beat and then sent to the Beat for posting.

Images: We have received complaints about large images blocking parts of other articles. If you encounter this problem, click on the title of the article you want to read and it will take you to that article's page, which shows only that article without any intruders. 

New Columnists: The Beat continues to bring you new columnists. And check out the old faithfuls who continue to provide content.

Newsletter: If you opt in to the Join GCB Three Times Weekly Updates option above this to the right, you will be subscribed to email notifications with links to recently posted articles.

Submitting to the Beat

Those new to providing news releases to the Beat are asked to please check out submission guidelines at https://www.grantcountybeat.com/about/submissions. They are for your information to make life easier on the readers, as well as for the editor.

Advertising: Don't forget to tell advertisers that you saw their ads on the Beat.

Classifieds: We have changed Classifieds to a simpler option. Check periodically to see if any new ones have popped up. Send your information to editor@grantcountybeat.com and we will post it as soon as we can. Instructions and prices are on the page.

Editor's Notes

It has come to this editor's attention that people are sending information to the Grant County Beat Facebook page. Please be aware that the editor does not regularly monitor the page. If you have items you want to send to the editor, please send them to editor@grantcountybeat.com. Thanks!

Here for YOU: Consider the Beat your DAILY newspaper for up-to-date information about Grant County. It's at your fingertips! One Click to Local News. Thanks for your support for and your readership of Grant County's online news source—www.grantcountybeat.com

Feel free to notify editor@grantcountybeat.com if you notice any technical problems on the site. Your convenience is my desire for the Beat.  The Beat totally appreciates its readers and subscribers!  

Compliance: Because you are an esteemed member of The Grant County Beat readership, be assured that we at the Beat continue to do everything we can to be in full compliance with GDPR and pertinent US law, so that the information you have chosen to give to us cannot be compromised.