Being a Resource for

Undocumented/
Immigrant Survivors
(Supplemental Training to the
UndocuAlly Training Series)

Winter 2018 Office of University Diversity and Inclusivity | Cal Poly Dream Center 1
 Objectives

1. Examine the context of undocumented/immigrant survivors in the world of

SA/DV advocacy
2. Understand the role of cultural competency within SA/DV advocacy
3. Understand Legal Basics — Common Forms of Relief for Survivors
4. Identify next steps to support undocumented students who are survivors
5. Recognize resources available to undocumented survivors at a county,
state and national level

Winter 2018 Office of University Diversity and Inclusivity | Cal Poly Dream Center 2
 Introduction: Terms to Know
GENDER-BASED VIOLENCE (GBV): Gender-based violence is an umbrella term for any harmful act that is perpetrated
against a person’s will, and that is based on socially ascribed (gender) differences.

INTIMATE PARTNER VIOLENCE (IPV): Intimate partner violence is a pattern of assaultive and coercive behaviors,
including physical, sexual, and psychological attacks, as well as economic coercion, that adults or adolescents, of any
social identity, use against their intimate partners.

SEXUAL VIOLENCE: Sexual violence is defined by WHO as any sexual act, attempt to obtain a sexual act, unwanted
sexual comments or advances, acts to traffic, or acts otherwise directed against a person’s sexuality, using coercion,
by any person, regardless of their relationship to the victim.

SURVIVOR/VICTIM: These terms refer to a person who has experienced any form of GBV. These terms are often used
synonymously.

Winter 2018 Office of University Diversity and Inclusivity | Cal Poly Dream Center 3
 Terminology
Preferred Terms
● Undocumented Student
● Undocumented Immigrant

Dehumanizing Terms
● Illegal
● Illegal Alien

Term You May Hear

Many news organizations like the Associated Press, New York Times,
● AB 540 student LA Times, and NBC News have all established style guides to
eradicate these dehumanizing terms, in favor of the preferred terms.
● DACAmented
● Dreamer
Winter 2018 Office of University Diversity and Inclusivity | Cal Poly Dream Center 4
The Current Climate
 Activity: Looking at Current Climate
Research
Purpose is to:
(1) get in touch with our conceptions about
the undocumented survivors population;
and
(2) begin to understand some of the
challenges that undocumented survivors
experience.

Instructions:
Work with the people around you to share your
thoughts and feelings about the research
summary.
http://vawnet.org/news/survey-reveals-impact-increased-immigration-enforcement-
victims-experiencing-domestic-violence

Winter 2018 Office of University Diversity and Inclusivity | Cal Poly Dream Center 6
2017 Advocate and Legal Service Survey
Regarding Immigrant Survivors

http://vawnet.org/news/survey-reveals-impact-increased-immigration-enforcement-
victims-experiencing-domestic-violence
 In Perspective:
IPV in San Luis Obispo
County

Winter 2018 Office of University Diversity and Inclusivity | Cal Poly Dream Center 8
A Range of Experiences
● The undocumented survivor
experience varies widely,
especially when considering the
various intersecting identities
someone might exist in.

● Depending on the types of

protections and benefits students
and survivors are eligible for, they
will face different challenges.
http://www.freireproject.org/wp-
content/uploads/2013/06/Sprinkle-Volume-10-Final-
Draft.pdf

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 Cultural Considerations
in SA/DV Advocacy

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 “We argue that research on domestic violence within minority groups
must not solely focus on victims, perpetrators, communities, or cultures,
but rather must be viewed within the political, historical, and economic
context in which domestic violence takes place. The intersectionality
framework provides a multilevel analysis of multiple systems of
oppressions, namely, race, class, gender, and sexuality to explain power
dynamics and the structures and mechanisms that undergird oppression
in our society.”
- “He Said They’d Deport Me”: Factors Influencing Domestic Violence Help-Seeking
Practices Among Latina Immigrants by Angelica S. Reina, Brenda J. Lohman, and
Marta María Maldonado
A Range of Experiences: Cultural Considerations
● Someone’s culture can affect their experience with gender based violence and the
decisions they make on handling their situation.

● We need to ensure we are not stereotyping people while remaining conscientious

of their culture.

● Each victim is not only a member of their community, but a unique individual with
their own responses. The complexity of a person’s response to gender-based
violence is shaped by multiple factors.

● All cultures are contradictory in that there are both widespread acceptance of
domestic violence as part of society and traditions of resistance.

Source: Sujata Warrier

 Legal Basics

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 VAWA U Visa

(1994, 2013) (2000, Victims of

Self-Petitioning Trafficking and
Violence Protection
Act)

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Violence Against Women Act
• The Violence Against Women Act (VAWA) of 1994 included provisions to
allow immigrant victims/survivors of domestic violence to obtain
immigration relief independent of their abusive spouse or parent through
a process called “self-petitioning.”

• VAWA also allows for immigrant victims/survivors to receive employment

authorization and access to public benefits which provides survivors the
means that are essential to escape violence and be able to establish safe,
independent lives.

• Wait for work permit is currently 8 to 10 months.

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U-VISA
• The Battered Immigrant Women Protection Act of 2000 (VAWA 2000)
created new forms of immigration relief for immigrant victims of violent
crime (“U” visas).

• The list of violent crimes that are included cover anything from any form of
sexual assault to forced sex work to blackmail and extortion.

• Immigrant victims/survivors of certain crimes who have been helpful in a

criminal investigation or prosecution may qualify for a visa that can lead to
a green card.

• Wait for work permit is 2.5 to 3 years, with an additional 2+ years to get
the U-Visa.
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 U Visa
Legal Basics: Wrap-up
(2000, Victims of
Trafficking and
• You are not responsible for becoming a Violence Protection
legal expert. Act)

• Refer students to confidential resources

and legal experts such as:
– Safer (Cal Poly Campus)
– RISE (Off-Campus) VAWA
– Amber Heffner; Immigration Attorney
in SLO County (1994, 2013)
Self-Petitioning

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 Undocumented Immigrant
Survivors & You

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Mandated Reporting
• Those employed through the University (includes faculty, staff and some students) who
are made aware of a sexual assault are REQUIRED to report the incident to Cal Poly's
Title IX Office.
• The victim of the sexual assault is assured support and assistance in securing physical and
emotional resources, and accommodation to ensure that academic progress is not
impeded, regardless of immigration status.
• Even though employees of the University are mandated reporters, your support can
create a healing, comforting experience for the survivor/victim.
• You can contact Safer anytime for information about what it means to be a mandated
reporter.
Find more information about the legal obligations of staff and faculty at: https://safer.calpoly.edu/faculty-legal-obligations
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 Immediate Steps
1. Create a welcoming environment by:
a. Getting to know the resources available through the Dream Center and Safer.
b. Become an ally + advocate through trainings offered by Safer and the UndocuAlly Working
Group.
c. Place Safer and UndocuAlly stickers + resources in your office and space on campus.
d. Being aware of the language you use when discussing issues of gender-based violence and
immigration
2. Staying informed on immigration and gender-based violence related news.
3. Seeking clarification from Safer and the UndocuAlly Working Group, if necessary.
4. Feeling comfortable referring students to legal + confidential resources
a. “I cannot offer legal advice, but here are resources that will help.”
More information at: https://safer.calpoly.edu/faculty-and-staff

Winter 2018 Office of University Diversity and Inclusivity | Cal Poly Dream Center 23
 Local/ State Resources
Safer - safer@calpoly.edu
Cal Poly’s confidential resource for sexual assault, domestic violence, dating violence, and
stalking.

RISE - contact@RISEslo.org
A non-profit confidential organization that provides crisis intervention and treatment services to
survivors of sexual and intimate partner violence and their loved ones

Title IX @ Cal Poly - http://equalopportunity.calpoly.edu/content/title-ix

Title IX of the Education Amendments of 1972 protects people from discrimination based on
gender in education programs and activities that receive federal assistance.

CALCASA - http://www.calcasa.org/
The California Coalition Against Sexual Assault (CALCASA) provides leadership, vision and
resources to rape crisis centers, individuals and other entities committed to ending sexual
violence.
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National Resources Focused On Immigrant Survivors
● ASISTA Immigration Assistance - http://www.asistahelp.org/
ASISTA's goal is to provide national leadership, advocacy, training, and technical assistance to those working
with crime survivors seeking secure immigration status, especially those who have suffered gender-based
violence.

● Casa de Esperanza: National Latin@ Network - http://nationallatinonetwork.org/

They produce practical publications and tools for the field, disseminate relevant, up-to-date information and
facilitate an online learning community that supports practitioners, policy makers and researchers who are
working to end domestic violence.

● Asian Pacific Institute on Gender-Based Violence- http://www.api-gbv.org/

The Asian Pacific Institute on Gender-Based Violence is a national resource center on domestic violence,
sexual violence, trafficking, and other forms of gender-based violence in Asian and Pacific Islander
communities. It analyzes critical issues affecting Asian and Pacific Islander survivors; provides training,
technical assistance, and policy analysis; and maintains a clearinghouse of information on gender violence,
current research, and culturally-specific models of intervention and community engagement.

Winter 2018 Office of University Diversity and Inclusivity | Cal Poly Dream Center 25
National Resources For Survivors
• Tahirih Justice Center - https://www.tahirih.org/
Through direct services, policy advocacy, and training and education, Tahirih protects immigrant
women and girls and promotes a world where women and girls enjoy equality and live in safety
and dignity.

• National Alliance to End Sexual Violence - http://endsexualviolence.org/

Its mission: to provide a missing voice in Washington for state coalitions and local programs
advocating and organizing against sexual violence and for survivors.

• National Domestic Violence Hotline- http://www.thehotline.org/

Operating around the clock, seven days a week, confidential and free of cost, the National
Domestic Violence Hotline provides lifesaving tools and immediate support to enable victims to
find safety and live lives free of abuse.
 Contact Information
• To learn more about the UndocuAlly Working Group or to join this work,
please visit our website http://undocually.calpoly.edu or contact
undocually@calpoly.edu

• Safer’s Contact information: UU Rm. 217 | 805-756-2282 | safer@calpoly.edu

– Open: M-F 8 AM to 5 PM, Walk-in Hours: M&F 10 AM to 12 PM

• Katherine Zevallos Pastor, Dream Center Coordinator, is available at

kzevallo@calpoly.edu or visit dreamcenter.calpoly.edu

• Dream Center Location: 52-E11 | Dream Center Phone: (805) 756-6362

Winter 2018 Office of University Diversity and Inclusivity | Cal Poly Dream Center 27
Resources

Title IX:
• https://www.knowyourix.org/college-resources/title-ix-immigration/
VAWA / U-Visa / T-Visa
• https://www.ilrc.org/u-visa-t-visa-vawa
• https://www.americanimmigrationcouncil.org/research/violence-
against-women-act-vawa-provides-protections-immigrant-women-
and-victims-crime
• https://www.nilc.org/issues/workersrights/how-the-u-visa-can-
protect-immigrant-workers/
• http://nationallatinonetwork.org/policy-action/policy/vawa