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Immigration Article of the Day: ‘Helpfulness’ is a Two-Way Street: How the Commonwealth of Virginia Can Support Undocumented Survivors of Domestic Violence by Nicole Alanko

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‘Helpfulness’ is a Two-Way Street: How the Commonwealth of Virginia Can Support Undocumented Survivors of Domestic Violence by Nicole Alanko

Abstract

There are almost 950,000 immigrants living in the Commonwealth of Virginia, and an additional estimated 275,000 undocumented immigrants. Like all survivors of domestic violence, undocumented survivors of violence deserve protection from their abusers. However, many survivors fear working with law enforcement because they fear they will be deported. The Virginia General Assembly is in a unique position to assist immigrant survivors of crime. State-level legislation should be adopted to fill gaps where federal legislation is lacking and empower local officials to use the tools provided to them by the federal government. The General Assembly should adopt legislation that (1) makes federal definitions part of Virginia law, (2) includes a presumption of helpfulness for the purposes of Law Enforcement Certifications, (3) explicitly says that the conviction of the perpetrator or testifying at trial are unnecessary for helpfulness, (4) ensures that education on U and T Visas is part of police training, and (5) includes a data collection mechanism on U Visa certifications. This local legislation would drastically change the lives of survivors across the Commonwealth, increasing their willingness to work with law enforcement on cases and bringing stability to their lives.

KJ

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