Domestic Violence Awareness Month ended October 31st, but reauthorization of the Violence Against Women Act will be delayed until after the election as it remains at an impasse between the House and the Senate. Hanging in the balance are possible changes to VAWA that could pose challenges for the many domestic workers toiling in private homes throughout the United States.
I recently spoke in depth with Ai-jen Poo, director of the National Domestic Workers Alliance (NDWA) about a range of issues affecting domestic workers—including domestic violence (DV). As part of its “We Belong Together” campaign, NDWA raises awareness about immigration policies that sometimes cause domestic workers to be deported when they report DV—resulting in families being torn apart, as well as economic challenges due to loss of income.
“We’ve heard numerous cases of domestic workers who are survivors of DV who have called the police, and then been deported. As a result many domestic workers who experience DV are afraid to access resources or even go to a shelter,” Poo explained. “All of the work to support DV survivors is completely undermined by these policies that make people afraid of getting help and speaking out.”
Domestic workers are often foreign-born women who labor as nannies, caregivers and home health aides in private homes throughout the United States. Like many women, domestic workers are vulnerable to DV—but they tend to face can face greater challenges maintaining a stable life or finding safety and security for their children away from their abusers.
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In addition to the risk of being torn from their children, deportation also results in loss of income. Andrea Mercado, the director of California campaigns for NDWA, told Rewire the story of “Maria,” a woman who experienced abuse as domestic worker for years, then also experienced DV after she married her husband. When she called the police to report the DV, she was deported, and she was unable to support herself.
“They should be able to call police when they need to,” Mercado says, “But the consequences can be particularly dire for domestic workers.”
In light of this, is troubling that the Violence Against Women Act (VAWA), once reauthorized, may include provisions detrimental to immigrant survivors of DV, including domestic workers. As reported by Rewire earlier this year, there are two competing versions of the bill currently: the House’s version, HR 4970, and the Senate’s version, S1925.
HR 4970 is the troublesome version: Sections 802 and 806 of the house’s bill eliminates the possibility for someone to obtain permanent residence after their U-Visa expires. (U-Visas are temporary visas for victims of crimes. They provide legal status and work eligibility for up to for years, though only 10,000 are issued per year.)
“These provisions may make all survivors, including domestic workers, fearful from coming forward and reporting DV because they could face deportation,” Grace Huang, Public Policy Program Coordinator, Washington State Coalition Against Domestic Violence (DV) told Rewire over the phone.
A previous version of HR 4970 also eliminated confidentiality provisions of the current VAWA, and would have required that abusers be informed that their spouse has filed a VAWA self-petition. That provision has since been removed.
By contrast, the Senate’s version of the law is better overall for domestic workers who experience DV. In particular Section 806 of the Senate version makes it easier to waive the two-year waiting period typically required for U-Visa recipients to receive permanent residence.
The two bills likely will not be reconciled until after the election and possibly not until the new Congress convenes in January.
But the two Republicans also have something else in common: They are brazenly anti-immigrant.
Despite a misleading article from the Daily Beast asserting that Pence has had a “love affair with immigration reform” and has “spent his political career decrying anti-immigrant rhetoric,” the governor’s record on immigration tells a different story.
Let’s take a look at Trump’s “xenophobic” and “racist” campaign thus far, and how closely Pence’s voting aligns with that position.
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Despite being called “racist” by members of his own party, Trump’s immigration plan is largely consistent with what many Republicans have called for: a larger border wall, increasing the number of Immigration and Customs Enforcement (ICE) officers, requiring all U.S. companies to use E-Verify to check the immigration status of employees, increasing the use of detention for those who are undocumented and currently residing in the United States, and ending “birthright citizenship,” which would mean the U.S.-born children of undocumented parents would be denied citizenship.
Again, Trump’s proposed immigration policies align with the Republican Party’s, but it is the way that he routinely spreads false, damaging information about undocumented immigrants that is worrisome. Trump has repeatedly said that economically, undocumented immigrants are “killing us”by “taking our jobs, taking our manufacturing jobs, taking our money.”
Market Watch, a publication focusing on financial news, reported that this falsehood is something that a bulk of Trump supporters believe; two-thirds of Trump supporters surveyed in the primaries said they feel immigration is a burden on our country “because ‘they take our jobs, housing and health care.'” This, despite research that says deporting the 11 million undocumented immigrants who currently call the United States home would result in a “massive economic hit” for Trump’s home state of New York, which receives $793 million in tax revenuefrom undocumented immigrants. A recent report by the Institute on Taxation and Economic Policy also found that at the state and local level, undocumented immigrants nationwide collectively pay an estimated $11.6 billion each year in taxes.
Wendy Feliz, a spokesperson with the American Immigration Council, succinctly summarized Pence’s immigration approach to Rewire, saying on Monday that he “basically falls into a camp of being more restrictive on immigration, someone who looks for more punitive ways to punish immigrants, rather than looking for the positive ways our country can benefit from immigrants.”
After Trump’s announcement that Pence would be his running mate, Immigration Impact, a project of the American Immigration Council, outlined what voters should know about Pence’s immigration record:
Pence’s record shows he used his time in Congress and as the Governor of Indiana to pursue extreme and punitive immigration policies earning him a 100 percent approval rating by the anti-immigration group, Federation for American Immigration Reform.
In 2004 when Pence was a senator, he voted for the “Undocumented Alien Emergency Medical Assistance Amendments.” The bill failed, but it would have required hospitals to gather and report information on undocumented patients before hospitals could be reimbursed for treating them. Even worse, the bill wouldn’t have required hospitals to provide care to undocumented patients if they could be deported to their country of origin without a “significant chance” of their condition getting worse.
Though it’s true that in 2006 Pence championed comprehensive immigration reform, as the Daily Beast reported, the reform came with two caveats: a tightening of border security and undocumented immigrants would have to “self-deport” and come back as guest workers. While calling for undocumented immigrants to self-deport may seem like the more egregious demand, it’s important to contextualize Pence’s call for an increase in border security.
This tactic of calling for more Border Patrol agents is commonly used by politicians to pacify those opposed to any form of immigration reform. President Obama, who has utilized more border security than any other president, announced deferred action for the undocumented in June 2012, while also promising to increase border security. But in 2006 when Pence was calling for an increase in border security, the border enforcement policy known as “Operation Gatekeeper” was still in full swing. According to the American Civil Liberties Union (ACLU), Operation Gatekeeper “concentrated border agents and resources along populated areas, intentionally forcing undocumented immigrants to extreme environments and natural barriers that the government anticipated would increase the likelihood of injury and death.” Pence called for more of this, although the undocumented population expanded significantly even when border enforcement resources escalated. The long-term results, the ACLU reported, were that migrants’ reliance on smugglers to transport themincreased and migrant deaths multiplied.
According to the Office of Refugee Resettlement, “when a child who is not accompanied by a parent or legal guardian is apprehended by immigration authorities, the child is transferred to the care and custody of the Office of Refugee Resettlement (ORR). Federal law requires that ORR feed, shelter, and provide medical care for unaccompanied children until it is able to release them to safe settings with sponsors (usually family members), while they await immigration proceedings.”
While we feel deep compassion for these children, our country must secure its borders and provide for a legal and orderly immigration process …. Failure to expedite the return of unaccompanied children thwarts the rule of law and will only continue to send a distorted message that illegally crossing into America is without consequence.
In the four days since Pence was named Trump’s running mate, he’s also taken a much harsher stance on Muslim immigration. Back in December when Trump called for a “total and complete shutdown of Muslims entering the United States,” Pence tweeted that banning Muslims from entering the United States was “offensive and unconstitutional.” However, on Friday when Pence was officially named Trump’s VP pick, he told Fox News’ Sean Hannity, “I am very supportive of Donald Trump’s call to temporarily suspend immigration from countries where terrorist influence and impact represents a threat to the United States.”
Wendy Feliz of the American Immigration Council told Rewire that while Pence’s rhetoric may not be as inflammatoryas Trump’s, it’s important to look at his record in relation to Trump’s to get a better understanding of what the Republican ticket intends to focus on moving into a possible presidency. Immigration, she said, is one of the most pressing issues of our time and has become a primary focus of the election.
“In a few days, we’ll have a better sense of the particular policies the Republican ticket will be pursuing on immigration. It all appears to point to more of the same, which is punitive, the punishing of immigrants,” Feliz said. “My greatest fear is that this ticket doesn’t seem to realize immigrants are actually an incredible resource that fuels our country. I don’t think Trump and Pence is a ticket that values that. An administration that doesn’t value immigrants, that doesn’t value what’s fueled our country for the past several hundred years, hurts all of us. Not just immigrants themselves, but every single American.”
Major League Baseball's response to charges of domestic violence against Jose Reyes is really just a step in the right direction. The league, its fans, and the media outlets covering it have work to do before there is additional cause to celebrate.
Two weeks ago, the Colorado Rockies Major League Baseball (MLB) team made headlines for designating their shortstop, Jose Reyes, for assignment. The designation for assignment (DFA) means he was removed from their roster, most likely so the Rockies could trade him or release him to the minors.
The decision came after an announcement from MLB in May concluding that Reyes had violated its new Joint Domestic Violence, Sexual Assault, and Child Abuse policy. Reyes was put on leave in February while the league investigated charges that he had allegedly assaulted his wife in a Hawaii hotel the previous October. Though the charges were ultimately dropped, MLB still concluded that he had violated its policy—which allows discipline no matter a case’s legal status—based on the available police reports. Ultimately, Reyes was suspended for 52 games.
Many sports fans and media outlets are celebrating the Rockies’ decision to designate Reyes for assignment, framing it squarely as a moral response to his domestic violence suspension. As a result of the suspension, Reyes ultimately lost a total of $7.02 million for missing 30 percent of the season and is required to donate $100,000 to “charity focused on domestic violence.” Still, the team will owe Reyes $41 million despite the DFA—and that, spectators say, makes the Rockies’ actions worthy of praise. The Denver Post‘s Mark Kiszla, for example, wrote that the Rockies‘ franchise owner, Dick Monfort, deserves a “standing ovation” for taking a “$40M stance against domestic violence” that was “not just financial.” According to Kiszla, “the franchise did right by battered women by showing zero tolerance for physical abuse.”
The league could have acted faster and given Reyes a longer, more consequential suspension to show its seriousness in responding to his violation of the policy. In fact, the New York Mets’ recent signing of Reyes, which the team explained as giving him a “second chance,” underscores just how much tolerance for reports of domestic violence truly exists in professional baseball as a whole.
Even so, while the Rockies’ consideration of Reyes’ charges of domestic abuse in their decision should be appreciated, the DFA should be understood for what it really appears to be overall: based on the team’s response, it was a business decision, not an action on behalf of domestic violence survivors.
“Would we be sitting here talking about this if the domestic violence thing hadn’t happened in Hawaii? We wouldn’t. So it’s obviously part of the overall decision,” said Colorado general manager Jeff Bridich told the New York Times. After all, an incident causing a player to miss a third of the season is enough to make any team pause for consideration.But, as the Times pointed out, there are other reasons that the Rockies were ready to move on, including “never really wanting him in the first place,” the great performance of his replacement during the suspension, and the fact that the franchise had already sunk the costs of bringing Reyes onboard. By the terms of their contract, designating him for assignment was no more expensive than keeping him.
Furthermore, the handling of the Reyes case within the league and the franchise has been mostly professional, but there is still a lingering tone of undue apology toward Reyes—suggesting, again, that the treatment he has received may not be the unilateral condemnation of domestic violence that others have implied.
It begins with Reyes himself, who first apologized “to the Rockies organization, my teammates, all the fans, and most of all my family,” before retweeting Mike Cameron, a former MLB player who said that Reyes just had a “bad moment in life” and deserved forgiveness for committing physical violence against his wife.
Commissioner Manfred walked a thin line in a news conference in November just after the Hawaii incident, stating his interest in maintaining Reyes’ privacy despite the charges against him. “There’s a balance there,” he said. “On the one hand, I think our fans want to know that the case has been dealt with appropriately. On the other hand, whoever the player is, the fact that he’s a major league player doesn’t mean he has absolutely no right to privacy and or that everything in the context of a relationship or a marriage has to be public.”
While domestic violence can happen “behind closed doors,” that does not mean it is an issue of one’s personal privacy. As Bethany P. Withers has argued for the New York Times, there may not be public witnesses to abuse occurring between partners, but we should not ignore professional athletes who are charged with committing acts of domestic violence. Manfred’s comments, as well as Cameron’s, minimize Reyes’ Hawaii incident into “a lovers’ quarrel,” rather than a report of an abusive act of behavior that most likely exposes an ongoing pattern.
Rockies Franchise owner Dick Monfort’s comments were better, though not ideal. In April he told the Associated Press, “I’d like to know exactly what happened. It’s easy for us all to speculate on what happened. But really, until you really know, it’s hard. You’re dealing with a guy’s life, too.” Monfort, while expressing understandable concern for this player, sounds apologetic to Reyes, rather than the woman he was charged with abusing.
Sympathizing with Reyes in this matter, while he may be sorry for reportedly committing actions that had visible consequences, centers the experience of an abuser in a culture that silences, blames, shames, and erases survivors of domestic violence and perpetuates abusive behavior.
Much of the media, meanwhile, has taken action either to diminish Reyes’ alleged crimes or dismiss them completely. The Post‘s Kiszla, for example, was plain encouraging of Reyes, for whom he “hoped nothing but the best, if his wife had forgiven him.” His uninformed commentary shows utter lack of understanding of domestic violence and what Katherine Reyes might be experiencing in deciding to “not cooperate with the prosecutors” on the case. Fox News was similarly insensitive. At the very least, the media can provide a short explanation as to what domestic violence is and why victims may be reluctant to work with police and the criminal justice system in the first place. The “inaction, hostility, and bias” they might face, as the American Civil Liberties Union put it, is real. And their personal fear of consequences are legitimate.
Nightengale of USA Today had a particularly awful response, explicitly sympathizing with Reyes, saying “that one ugly night in Hawaii cost Reyes his pride and his job.” Except that domestic violence, a cycle of power and control, is hardly ever just “one ugly night.”
Furthermore, incidents of reported domestic violence need to be named as such. In the coverage of Reyes’ charges in Hawaii, the media failed to do so. Though ESPN reported Reyes had been arrested on abuse charges, it still said Reyes had “an argument with his wife [that] turned physical.” The Chicago Tribune labeled it as “an altercation.” The Tribune was also inaccurate in reporting that Reyes ‘choked’ his wife, when the it was actually strangulation. Technically, choking by definition is when the airway is blocked internally. Strangulation, however, is the act of blocking the passage of air through the external use of force. While the difference is subtle—in fact, the police report itself logged the action as “choking”—the ramifications are large. Describing the act as an expression of dominance signals to the public that acts of violence have perpetrators. It also gives detailed meaning to “domestic violence,” an all-encompassing phrase whose intricacies are not widely understood.
While it may seem petty to be picking over semantics, accurate framing is the difference between two partners having a disagreement and one partner committing threatening acts of violence against another in a cyclical power dynamic. It’s the difference between public acceptance of horrific behavior and public recognition of unhealthy, unacceptable relationship dynamics.
The focus on costs to Reyes and the Rockies should also be reframed. If we really want to talk big money, we should consider the exorbitant shared cost of domestic violence on all of our systems, both public and private. Domestic violence is “a serious, preventable public health problem.” The epidemic is estimated to cost $8.3 billion annually to the economy due to its effect on survivors’ physical and emotional health, as well as their workplace productivity. Because domestic violence is so widely underreported, this estimate is even a conservative one. It also does not encompass the cost to child survivors and the trauma inherited by future generations. Understanding the ridiculously high costs of domestic violence centers the long-lasting effects of an epidemic on survivors and our society as a whole, rather than the cost to a singular MLB player or team.
Though the new MLB policy appears to be comprehensive and informed by experts, the league, the teams, and the media haven’t quite perfected their responses. With regard to MLB’s process and ultimate decision, critics are saying the league should act faster and make longer, more consequential suspensions in the future. If Commissioner Manfred is really going to give weight to charges of domestic violence, a quicker, more punitive response to charges like Reyes’ is a good way to start. There is also significant work to be done in the public relations and media responses to domestic violence in the League overall.