Commentary Violence

House Bill on Violence Would Hand Power to Abusers of Immigrant Women and Allow Criminal Prosecution of Victims

Mony Ruiz-Velasco

We are appalled at the immigration provisions that the judiciary committee in the House of Representatives passed in HR4970. This bill erodes protections available to immigrant victims who are the victims of domestic abuse.

Published in partnership with the Heartland Alliance.

See all our coverage of the 2012 VAWA Reauthorization here.

Heartland Alliance’s National Immigrant Justice Center provides legal services under the Violence Against Women Act to hundreds of victims and their children each year. We are appalled at the immigration provisions that the judiciary committee in the House of Representatives passed in HR4970. This bill erodes protections available to immigrant victims.

Abusers frequently use immigration status as a weapon against their undocumented victims by threatening to have the victim deported or refusing to complete an application for status. A VAWA self-petition allows a victim of violence to apply for lawful status on her own behalf, without relying on her abusive spouse, if she can show that she has been a victim of violence at the hands of her husband who is a U.S. citizen or lawful permanent resident. HR4970 eliminates important confidentiality protections that are critical to ensure the victims’ safety. Immigration officials would notify abusers that the victim is seeking protection from the abuse. This is particularly dangerous for victims who are still living with their abusers or have children, as many immigrant victims have very limited options to leave an abusive situation until they obtain legal status. To seek protection, the victim will also reveal her whereabouts even if she managed to escape.

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In addition, HR4970 would make a major change to how these applications are processed. HR4970 decentralizes the processing of these applications and gives local immigration offices authority to adjudicate VAWA petitions. For many years now, VAWA adjudications are centralized in the Vermont Service Center. Staff in Vermont receive extensive and highly specialized training on domestic violence, sexual assault, and trafficking and are trained to adjudicate petitions filed by victims without re-traumatizing the victims.  Local district offices are ill equipped to handle these highly sensitive cases. Proposed changes in HR4970 are detrimental to immigrant victims. 

Finally, HR4970 ignores the dearth of access to legal counsel and language barriers many immigrant victims of violence face and exacts severe punishment for anyone who makes a mistake in the process. HR4970 raises the standard of proof required to succeed in a VAWA application to a standard higher than has been set for asylum applicants. In addition, if the government finds “material misrepresentation” in an application, the victim and her derivatives, including young children, will be permanently barred from all immigration protections, she will also be referred to the FBI for criminal prosecution, and will be removed on an “expedited basis.” Let me repeat: this bill would criminally prosecute victims of violence who make a mistake on their application for protection. To provide further punishment, applicants’ children also would also be permanently barred from immigration benefits, including prosecutorial discretion and deferred action. 

Under these circumstances, as an immigration attorney who has handled hundreds of these cases over more than 15 years, I cannot imagine a situation where I would advise a client to apply for protection under VAWA if HR 4970 becomes the law. The risk to their safety would be too great and they would not be able to achieve permanent protection from dangerous abusers, which will be extremely dangerous. 

HR4970 is not VAWA – it is an attack on immigrants, women and in particular, women of color. By passing this bill, Congress is abandoning thousands of victims of domestic violence, sexual assault, and trafficking and leaving them vulnerable to further abuse and harm.

Analysis Politics

Advocates: Bill to Address Gaps in Mental Health Care Would Do More Harm Than Good

Katie Klabusich

Advocates say that U.S. Rep. Tim Murphy's "Helping Families in Mental Health Crisis Act," purported to help address gaps in care, is regressive and strips rights away from those diagnosed with mental illness. This leaves those in the LGBTQ community—who already often have an adversarial relationship with the mental health sector—at particular risk.

The need for reform of the mental health-care system is well documented; those of us who have spent time trying to access often costly, out-of-reach treatment will attest to how time-consuming and expensive care can be—if you can get the necessary time off work to pursue that care. Advocates say, however, that U.S. Rep. Tim Murphy’s (R-PA) “Helping Families in Mental Health Crisis Act” (HR 2646), purported to help address gaps in care, is not the answer. Instead, they say, it is regressive and strips rights away from those diagnosed with mental illness. This leaves those in the LGBTQ community—who already often have an adversarial relationship with the mental health sector—at particular risk.

“We believe that this legislation will result in outdated, biased, and inappropriate treatment of people with a mental health diagnosis,” wrote the political action committee Leadership Conference on Civil and Human Rights in a March letter to House Committee on Energy and Commerce Chairman Rep. Fred Upton (R-MI) and ranking member Rep. Frank Pallone (D-NJ) on behalf of more than 100 social justice organizations. “The current formulation of H.R. 2646 will function to eliminate basic civil and human rights protections for those with mental illness.”

Despite the pushback, Murphy continues to draw on the bill’s mental health industry support; groups like the American Psychiatric Association (APA) and the National Alliance on Mental Illness (NAMI) back the bill.

Murphy and Rep. Eddie Bernice Johnson (D-TX) reintroduced HR 2646 earlier this month, continuing to call it “groundbreaking” legislation that “breaks down federal barriers to care, clarifies privacy standards for families and caregivers; reforms outdated programs; expands parity accountability; and invests in services for the most difficult to treat cases while driving evidence-based care.”

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Some of the stated goals of HR 2646 are important: Yes, more inpatient care beds are needed; yes, smoother transitions from inpatient to outpatient care would help many; yes, prisons house too many people with mental illness. However, many of its objectives, such as “alternatives to institutionalization” potentially allow outpatient care to be mandated by judges with no medical training and pushed for by “concerned” family members. Even the “focus on suicide prevention” can lead to forced hospitalization and disempowerment of the person the system or family member is supposedly trying to help.

All in all, advocates say, HR 2646—which passed out of committee earlier this month—marks a danger to the autonomy of those with mental illness.

Victoria M. Rodríguez-Roldán, JD, director of the Trans/GNC Justice Project at the National LGBTQ Task Force, explained that the bill would usurp the Health Insurance Portability and Accountability Act (HIPAA), “making it easier for a mental health provider to give information about diagnosis and treatment … to any ‘caregiver’-family members, partners or spouses, children that may be caring for the person, and so forth.”

For the communities she serves, this is more than just a privacy violation: It could put clients at risk if family members use their diagnosis or treatment against them.

“When we consider the stigma around mental illness from an LGBT perspective, an intersectional perspective, 57 percent of trans people have experienced significant family rejection [and] 19 percent have experienced domestic violence as a result of their being trans,” said Rodríguez-Roldán, citing the National Transgender Discrimination Survey. “We can see here how the idea of ‘Let’s give access to the poor loved ones who want to help!’ is not that great an idea.”

“It’s really about taking away voice and choice and agency from people, which is a trend that’s very disturbing to me,” said Leah Harris, an organizer with the Campaign For Real Change in Mental Health Policy, also known as Real MH Change. “Mostly [H.R. 2646] is driven by families of these people, not the people themselves. It’s pitting families against people who are living this. There are a fair number of these family members that are well-meaning, but they’re pushing this very authoritarian [policy].”

Rodríguez-Roldán also pointed out that if a patient’s gender identity or sexual orientation is a contributing factor to their depression or suicide risk—because of discrimination, direct targeting, or fear of bigoted family, friends, or coworkers—then that identity or orientation would be pertinent to their diagnosis and possible need for treatment. Though Murphy’s office claims that psychotherapy notes are excluded from the increased access caregivers would be given under HR 2646, Rodríguez-Roldán isn’t buying it; she fears individuals could be inadvertently outed to their caregivers.

Rodríguez-Roldán echoed concern that while disability advocacy organizations largely oppose the bill, groups that represent either medical institutions or families of those with mental illnesses, or medical institutions—such as NAMI, Mental Health America, and the APA—seem to be driving this legislation.

“In disability rights, if the doc starts about talking about the plight and families of the people of the disabilities, it’s not going to go over well,” she said. “That’s basically what [HR 2646] does.”

Rodríguez-Roldán’s concerns extend beyond the potential harm of allowing families and caregivers easier access to individuals’ sensitive medical information; she also points out that the act itself is rooted in stigma. Rep. Murphy created the Helping Families in Mental Health Crisis Act in response to the Sandy Hook school shooting in 2012. Despite being a clinical psychologist for 30 years before joining Congress and being co-chair of the Mental Health Caucus, he continues to perpetuate the well-debunked myth that people with mental illness are violent. In fact, according to the Department of Health and Human Services, “only 3%-5% of violent acts can be attributed to individuals living with a serious mental illness” and “people with severe mental illnesses are over 10 times more likely to be victims of violent crime than the general population.”

The act “is trying to prevent gun violence by ignoring gun control and going after the the rights of mentally ill people,” Rodríguez-Roldán noted.

In addition, advocates note, HR 2646 would make it easier to access assisted outpatient treatment, but would also give courts around the country the authority to mandate specific medications and treatments. In states where the courts already have that authority, Rodríguez-Roldán says, people of color are disproportionately mandated into treatment. When she has tried to point out these statistics to Murphy and his staff, she says, she has been shut down, being told that the disparity is due to a disproportionate number of people of color living in poverty.

Harris also expressed frustration at the hostility she and others have received attempting to take the lived experiences of those who would be affected by the bill to Murphy and his staff.

“I’ve talked to thousands of families … he’s actively opposed to talking to us,” she said. “Everyone has tried to engage with [Murphy and his staff]. I had one of the staffers in the room say, ‘You must have been misdiagnosed.’ I couldn’t have been that way,” meaning mentally ill. “It’s an ongoing struggle to maintain our mental and physical health, but they think we can’t get well.”

Multiple attempts to reach Murphy’s office by Rewire were unsuccessful.

LGBTQ people—transgender, nonbinary, and genderqueer people especially—are particularly susceptible to mistreatment in an institutional setting, where even the thoughts and experiences of patients with significant privilege are typically viewed with skepticism and disbelief. They’re also more likely to experience circumstances that already come with required hospitalization. This, as Rodríguez-Roldán explained, makes it even more vital that individuals not be made more susceptible to unnecessary treatment programs at the hands of judges or relatives with limited or no medical backgrounds.
Forty-one percent of all trans people have attempted suicide at some point in their lives,” said Rodríguez-Roldán. “Once you have attempted suicide—assuming you’re caught—standard procedure is you’ll end up in the hospital for five days [or] a week [on] average.”

In turn, that leaves people open to potential abuse. Rodríguez-Roldán said there isn’t much data yet on exactly how mistreated transgender people are specific to psychiatry, but considering the discrimination and mistreatment in health care in general, it’s safe to assume mental health care would be additionally hostile. A full 50 percent of transgender people report having to teach their physicians about transgender care and 19 percent were refused care—a statistic that spikes even higher for transgender people of color.

“What happens to the people who are already being mistreated, who are already being misgendered, harassed, retraumatized? After you’ve had a suicide attempt, let’s treat you like garbage even more than we treat most people,” said Rodríguez-Roldán, pointing out that with HR 2646, “there would be even less legal recourse” for those who wanted to shape their own treatment. “Those who face abusive families, who don’t have support and so on—more likely when you’re queer—are going to face a heightened risk of losing their privacy.”

Or, for example, individuals may face the conflation of transgender or gender-nonconforming status with mental illness. Rodríguez-Roldán has experienced the conflation herself.

“I had one psychiatrist in Arlington insist, ‘You’re not bipolar; it’s just that you have unresolved issues from your transition,'” she said.

While her abusive household and other life factors certainly added to her depression—the first symptom people with Bipolar II typically suffer from—Rodríguez-Roldán knew she was transgender at age 15 and began the process of transitioning at age 17. Bipolar disorder, meanwhile, is most often diagnosed in a person’s early 20s, making the conflation rather obvious. She acknowledges the privilege of having good insurance and not being low-income, which meant she could choose a different doctor.

“It was also in an outpatient setting, so I was able to nod along, pay the copay, get out of there and never come back,” she said. “It was not inside a hospital where they can use that as an excuse to keep me.”

The fear of having freedom and other rights stripped away came up repeatedly in a Twitter chat last month led by the Task Force to spread the word about HR 2646. More than 350 people participated, sharing their experiences and asking people to oppose Murphy’s bill.

In the meantime, Sen. Lamar Alexander (R-TN) has introduced the “Mental Health Reform Act of 2016” (SB 2680) which some supporters of HR 2646 are calling a companion bill. It has yet to be voted on.

Alexander’s bill has more real reform embedded in its language, shifting the focus from empowering families and medical personnel to funding prevention and community-based support services and programs. The U.S. Secretary of Health and Human Services would be tasked with evaluating existing programs for their effectiveness in handling co-current disorders (e.g., substance abuse and mental illness); reducing homelessness and incarceration of people with substance abuse and/or mental disorders; and providing recommendations on improving current community-based care.

Harris, with Real MH Change, considers Alexander’s bill an imperfect improvement over the Murphy legislation.

“Both of [the bills] have far too much emphasis on rolling back the clock, promoting institutionalization, and not enough of a preventive approach or a trauma-informed approach,” Harris said. “What they share in common is this trope of ‘comprehensive mental health reform.’ Of course the system is completely messed up. Comprehensive reform is needed, but for those of us who have lived through it, it’s not just ‘any change is good.'”

Harris and Rodríguez-Roldán both acknowledged that many of the HR 2646 co-sponsors and supporters in Congress have good intentions; those legislators are trusting Murphy’s professional background and are eager to make some kind of change. In doing so, the voices of those who are affected by the laws—those asking for more funding toward community-based and patient-centric care—are being sidelined.

“What is driving the change is going to influence what the change looks like. Right now, change is driven by fear and paternalism,” said Harris. “It’s not change at any cost.”

Commentary Violence

The Orlando Massacre Response Must Not Obliterate the Realities of LGBTQ People of Color

Katherine Cross

Even in the wake of violent death, the reality of our community is erased. Omar Mateen's actual motives, the lives and very names of the dead, and the realities of gay, queer, and trans people of color who yet live are obliterated under a bigoted yearning for more brutality.

The thumbnail image of a news piece posted on my Facebook timeline was just a Puerto Rican flag. As soon as I saw it, I knew what the headline would be: “Over half of the dead in Orlando were Puerto Rican.” Upon seeing what I was looking at, my partner wordlessly swaddled me in one of her best hugs, the kind that could keep the whole world at bay, breaking upon her strong back like a tide. Though Latinxs are often stereotyped as uniquely patriarchal, we nurse large and thriving queer communities in the tenement houses, projects, and barrios of this nation, in the shadows of broader stereotypes about who LGBTQ people are and what we look like.

Until I came out, I never knew that my old aunt Iris had several trans woman friends who often came to her home to drink, laugh, and smoke. Her acceptance of me was mirrored by much of my wider family, the same people who might seem gauche to middle-class whites who imagine themselves so much more tolerant and might pity me for my ancestry. When I think about the fact that it was precisely Latinx LGBTQ people—those often hidden by the mainstream—who fell to Omar Mateen’s bullets, numbness takes hold. Its grip tightens when I see that even in the wake of violent death, the reality of our community is erased, save for a few comprehensive news reports sprinkled amidst the unending grind of rolling news’ speculations and non-updates.

What leaves me without breath is when that erasure is the first part of a larger gesture that asks us to lay this crime at the feet of the whole of Islam and anyone who might be thought to belong to it. In the wake of this demand, Mateen’s actual motives, the lives and very names of the dead, and the realities of gay, queer, and trans people of color who yet live are obliterated under a bigoted yearning for more brutality.

This tragedy joins many others that have taken place over the last decades. What these crimes all share is less a religious motive than a hateful, fearful one, which manifests in the profound violation of open, welcoming spaces that model a pluralistic society.

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How these acts of mass violence are framed says a lot. I needn’t cite any examples of Omar Mateen being called a terrorist; the word has become like the air we now breathe, inescapable in its consensus usage. From random tweets to the words of powerful leaders and writers, Orlando has become an act of “terrorism” by dint of the shooter’s name alone, in the midst of a discourse where the appellation “terror” is only applied to the political violence of self-professed Islamists.

But what is terrorism if not politically motivated violence? Why, then, is Thomas Mair, who was arrested for the murder of Labour Member of Parliament Jo Cox just last week, already being painted as a “loner,” with the word “terrorism” conspicuous by its absence? The lips of the British elite seem unable to pronounce it, suddenly. Eyewitnesses suggest the handgun Mair allegedly wielded looked homemade—a craft he might have learned from a handbook he purchased from the neo-Nazi National Alliance, of which he was a longtime supporter.

In Mateen’s case, meanwhile, much has been made of his claim to support Daesh in his final phone call during the attack. Though details of the case continue to emerge, a more thorough look at his history suggests a more mundane explanation for this: Like so many of the shooters in these types of crimes, he seems to have sought to puff himself up and make himself appear more frightening, if only for the sake of his ego. Indeed, some investigators now suggest that he made his widely discussed Daesh pledges simply to ensure more media coverage, a strategy that some in the press have rewarded by posthumously crowning him a “jihadi.” His past flirtations with expressing meaningless support for Hezbollah and al-Qaeda would tell anyone well acquainted with foreign affairs just how confused this man was; those two organizations and Daesh are all enemies motivated by different types of extremism.

If we are to take the concern trolls at their word and have a “serious conversation” about Islam in the wake of this massacre, then we should critically examine how knowledgeable and pious Mateen actually appeared to be.

Mateen committed his killing during the holy month of Ramadan, a time when observant Muslims typically refrain from even uttering swear words, much less killing; there is no evidence he was fasting in observance of Ramadan, either; Pulse patrons say Mateen was a drunkard who became belligerent and had to be ejected more than once, but alcohol is forbidden to practicing Muslims.

Just as I felt my Latinx queer community rendered invisible in the wake of its own tragedy, so too do I empathize with the many queer and LGBT Muslims who feel the same way—their sexuality, their genders, their piety washed away by the caricature of Mateen that has emerged in recent days.

Mateen’s motivations seem to have been, based on available evidence, garden-variety self-loathing and prejudice inflected by violent, masculine, and homophobic demands placed upon him. A former colleague described Mateen as making so many racist and homophobic remarks that he complained to his superiors about the matter—who promptly did absolutely nothing.

Perhaps Mateen felt hatred and envy for those who appeared to live without the internal conflicts he had; perhaps his own noted racism against other people of color played into his choice of target. What seems clear, from his time in a police academy, to his love of NYPD shirts, to the fact that his job at the time of the shooting was working as an armed security guard for G4S, is that Mateen sought to affiliate himself with entities that often demonstrate strength and inspire fear, as a way of making up for his own inadequacies and quashing any self-loathing over his sexuality. His pledge to Daesh in his final moments appears to have been, then, less a statement of religious belief than his final way of pathetically latching himself onto another gaggle of armed strongmen in an attempt to make himself seem more frightening, more manly. His boast about having known the Boston Marathon bombers, which the FBI later found to be empty, can be understood in the same way.

All the same, the portrait of Mateen as a pathetic wannabe-badass-cum-possible-closet-case should not individuate his crime. He was born and raised in the same United States that brings the homophobia and transphobia of many violent men to a boil. None of the people who have literally threatened gun violence against trans women using washrooms this year were Muslim (many were ostentatiously Christian, as it happens). This is, after all, the year of North Carolina’s HB 2; that is part of the context in which this mass killing must be understood, in which this murder has now become a one-word threat issued by plenty of non-Muslim homophobes. Take, for example, this man in New York who, upon being kicked out of a gay club promised “I’m going to come back Orlando-style!” The cultural issue here is not Islam as a faith, but men who feel that any slight must be avenged by mass violence.

Yet beyond this, we must return to the streets of Britain, where makeshift memorials for Jo Cox are blossoming as I write this. She was killed as she was leaving her constituency surgery—a kind of public, face-to-face meeting with the people she represents that is both a requirement and tradition of MPs in the UK. All and sundry could come to her and discuss their views, grievances, and problems. Such events are free and open to the public, lightly guarded, and easily accessible by design.

They appear to be the polite, respectable mirror image of a gay club’s beats and grinds, but both sites speak to something about our aspirations as a liberal democratic society: pluralism and openness. Much has been written about gay bars and clubs as shelters from a hateful world; they are our little utopias amidst the chaos of our times, a brief flash of what we would like to see and feel everywhere: safe, accepted, in community, loved as ourselves. The constituency surgery, meanwhile, is an attempt at correcting the signature failing of representative democracy, providing a forum for people to speak directly to their elected officials and influence their government.

Each in its way is an innovation athwart darker times and darker impulses, a way of building community through trust and openness. This, too, was at the heart of Mother Emanuel in Charleston, South Carolina, and the prayer meeting that welcomed in a young and listless white stranger a year ago this month; the people Dylann Roof killed had accepted him into their spiritual home for prayer and healing, had placed their trust in a stranger, and invited him to join them, unguarded and without fear.

All three places—the surgery, the church, and the gay nightclub—were paragons of openness and trust, open to all who observed only a most basic compact of decency and tolerance. All three were shattered by the overflowing hatred of men who needed to write their will in someone else’s blood.

It is actually true that our democratic societies face a mortal threat, but it does not come from Islam. It overwhelmingly comes from within: the unchecked entitlement and easily stoked rage of rudderless men who keep being told that women, people of color, and queers are taking something away from them that they need to violently reclaim. They believe they are entitled to a birthright that immigrants and refugees, LGBTQ people and religious minorities, are pilfering from them.

We should open society further in response. For instance, we can do that by eliminating these divisive and prejudicial bathroom bills and allowing LGBTQ people to fully participate in society by protecting them from discrimination in all areas. Or, for that matter, increasing support for victims of domestic violence while identifying and rehabilitating abusers before they do worse might also go a long way toward preventing this from happening again.

The open and pluralistic society that many of us dream of is under threat from men with guns who feel that violence is the only way to solve their problems, making a public tragedy of their internal traumas. If we allow our focus to drift to Islam, we shall only hasten that demise: a dramatically upscaled version of the bigot’s extroverted suicide that must claim the lives of innocents even as we destroy our own.