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Perspectives
IMMIGRANTWOMEN
AND DOMESTIC VIOLENCE
CommonExperiences in Different Countries
CECILIAMENJIVAR
OLIVIASALCIDO
ArizonaState University
In this article, the authors assess the still limited literatureon domestic violence among immigrant
womenin majorreceivingcountriesso as to begin delineatingaframeworkto explainhow immigrantspecificfactors exacerbatethe alreadyvulnerableposition-as dictatedby class, gender,and race-of
immigrantwomenin domesticviolence situations.First,a reviewof this scholarshipshows thatthe incidence of domesticviolence is not higherthanit is in the nativepopulationbutratherthatthe experiences
of immigrantwomenin domesticviolence situationsare often exacerbatedby their specificposition as
immigrants,such as limitedhost-languageskills, isolationfrom and contactwithfamily and community,
lackof access to dignifiedjobs,uncertainlegal statuses,and experienceswithauthoritiesin theirorigin
countries.Theauthorsthenexaminethe variousresponsesat the nationaland local communitylevels to
this issue in receivingcountries.
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ourdiscussionto women in permanentsettlementsituationsin industrializedcountries.We will not discuss women in refugeecampsaroundthe world-whose situation is of grave concern-because otherparametersapply there.In addition,their
conditions are often differentfrom those affecting regularor permanentlysettled
immigrant women, particularlythose who migrate to industrializedcountries.
However,when appropriate,thatis, when refugee women's experiencesalign with
those of regularimmigrantwomen, we will refer to the refugee women's experiences as well. In this regard,we would like to note the extensiveandimportantliteratureon domestic violence, as well as rights,healthcare,work,and so forthamong
refugee women in camps aroundthe world (Colson 1995; Forbes Martin 1992;
ResearchResourceDivision for Refugees 1997). Finally,we arelimitingourexaminationto majorimmigrant-receivingcountries,mainlyindustrializedones, so as to
lend consistency to our comparisons,and because that is where most of the published researchhas been conducted.
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902
home countries,andthustheiralternativesto living with theirabusersarevery limited (Hass, Dutton, and Orloff 2000). These factors are identified in studies of
immigrantwomen and domestic violence to one degree or another,where it is
arguedthatthey serve to preventearlyinterventionand/orreinforcestrategiesused
by the perpetratorfor control(Bui and Morash 1999; Garcia 1993; Jang,Lee, and
Morello-Frosch1991;Kantor,Jasinski,andAldarondo1994;Mama 1993a, 1993b;
Perilla, Bakeman, and Norris 1994). These immigrant-specificconditions are
superimposedon othersystems of oppression,such as class, race, and ethnicity,to
furtherincreaseimmigrantwomen's vulnerabilityto domestic violence.
Some scholars have observed that the incidence of domestic violence among
immigrantsmay be attributedto specific circumstancesthatcan be encapsulatedas
stressors.For instance,in explainingdomestic abuse among Latinasin the United
States, Perilla, Bakeman,and Norris (1994) found that, similarto the native U.S.
population,stressorsstemmingfromenvironmentalsources(such as work,school,
and finances) contributedto the occurrence of abuse among Latinas. These
researchersalso linkedimmigrant-specificcontributingstressors,suchas immigration status, lack of English proficiency,prejudice,and culturalvariables,to the
occurrenceof abuse.Scholarsin this traditionwould arguethateliminatingstressors would contributeto decreasingthe incidence of domestic violence. However,
otherstudiesthatfocus on the batterersdemonstratethateliminatingstressfactors
(e.g., alcoholism,drugs,financialproblems)does not necessarilyend domesticviolence (see Ptacek 1988).
Immigrantsface multiplechallenges when they resettlein a foreign country.A
numberof factorsinfluence theirexperience,includingthe resourcesthey bringto
the host countryand those they find in the arrivingcontext. These assets include
theiroccupation,education,and, importantly,the social networksthat await them
in the host country(Menjivar2000). In this respect, some studies find that immigrant women establish informal networks quite effectively (Hondagneu-Sotelo
1994; Kofmanet al. 2000; Menjivar2000). Othersobservethatimmigrantwomen
arrivewith disadvantagesin social statusandbasic humancapitalresourcesrelative
to immigrantmen (Bui and Morash 1999) or cannotparticipateas actively in networks as their male counterpartsdo (Abraham2000; Hagan 1998). In the latter
instances, men are often the intermediariesbetween the women and community
and stateresources.Yeteven when women areable to access services on theirown,
their partnersmay have a final say as to whether the women may access such
resources.
Next, we discuss a few elements that seem presentin the experiencesof immigrantwomen in domestic violence situationsin the literaturewe examined. This
discussion avoids portrayingdomestic violence among immigrantsas if they are
pathologicallyproneto violence, as immigrantsare sometimes depicted.Ourpurpose here is to presentdomestic violence in the context of the immigrants'experiences andto refrainfromdiscussingit in a mannerthatwouldminimizethe seriousness of domestic violence, which imposes greatcosts on the women (cf. Crenshaw
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And abusive or not, sometimes men are more apt to accept a woman's role
change than are all other female extended-family members. As a Guatemalan
woman in Mexico explained, "Sometimes it is easier to persuade a husbandto
accept the changed role than to convince his motheror sister"(Garcia 1993, 29).
Thus, often, it is otherwomen who uphold orthodoxviews.
Keeping the above in mind, should a woman decide to leave her abusivehusband,her communityandextendedandimmediatefamily may not be supportive,a
situation not dissimilar from that encountered by native groups. However, it
becomes more salient among immigrantsas the extendedfamily may be the only
people they know in theirnew place of residence.Often,when a womanis involved
in an abusiverelationship,social serviceprovidersexpect herto leave herhome and
ties to receive assistanceat a shelter.But if she leaves the abusivepartner,she runs
the risk of being ostracizedby her family because she left andthuscould not possibly be a "good wife," and she feels profoundlyguilty.These women face the difficulty of challengingtraditionalgenderstructures,where they usually hold a lower
status,while at the same time tryingto make use of the options thathave become
availableto them throughsocial service providers.Otherfactors may compound
this lack of support,as when the abusivepartneris the primarysourceof income for
the extendedfamily or when social normsexist thatencouragewomen to sacrifice
themselves for the sake of otherfamily members.
Other orthodox views persist in the arena of arrangedmarriages,even when
members of the communities where they are practicedmigrate to industrialized
countries.Among these groups,women who opt to marryoutsideof the practiceof
arrangedmarriagemay find thatthey gain powerin one arenabutlose in the areaof
family support.In such cases, if they become victims of domesticviolence, they are
likely to be left to fend for themselves(Ang 1995;Mama 1993b).Onthe otherhand,
in cases of arrangedmarriages,the women's families frequentlyseek to maintain
theirstatusandrespectability,often at the expense of the individualwoman's security and safety.
In a studyof Indian,Pakistani,and Koreanwomen in Chicago, batteredwomen
confessed theirshameoverleavingtheirhusbands(Supriya1996). Immigrantcommunitiesmay go so faras to deny thatthereareimmigrantwomen's groupsworking
to end domestic violence so as to avoid facing a problemthat might prove embarrassing,as the case of SouthAsians in the United Statesattests(Dasgupta2000). In
Britain,the SouthallBlack Sistersorganizationhas facedthe community'shostility
for theircampaignagainstdomesticviolence in Asian families (Kofmanet al. 2000,
180). Thus, women in domestic violence situationsarewell awareof theirfamily's
expectationsand preferto pretendthatall is well. In the wordsof one woman, "To
my parentsI was playing happy families" (Mama 1993b, 105). In addition,Donnelly (1989) observed that among Hmong refugees in the United States, marital
conflicts are resolved within the traditionalclan structure,and it is acceptableto
seek help from the Americanlegal system only if this fails. Pleck (1983) observed
thatimmigrantwomen fear seeking legal protectionin dealing with abusebecause
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In Europeand the United States, as well as in otherreceiving countries,immigrationlaws often requirethatcouples remainmarriedfor a certainnumberof years
for the union to be legally recognized. This requirement,along with others, is to
show thatthe marriageis realandnot a fictitiousone createdonly to obtainlegal status. But these requirementsoften translateinto hurdlesfor immigrantwomen in situationsinvolvingdomesticviolence. If they arestill awaitingtheirlegal status(and
must remainmarriedthe requirednumberof years) and choose to leave theirhusbandsbecause of abuse, they may neverobtainlegal status.In a study of domestic
violence amongimmigrantwomen in Phoenix, Arizona,Salcido (2000) foundthat
even when women seek social services assistance,theirlegal statusmakes it difficult to obtainhelp. Lorena,a 24-year-oldMexican immigrant,remainedin an abusive marriagefor five years. Her husbandthreatenedher with taking away their
three-year-olddaughterand with deportation.He had permanentlegal status,but
she did not, and on severaloccasions he threatenedto end the petitionprocess for
her legal residency.After she enduredhis abusefor severalyears,herhusbandtook
theirthree-year-olddaughterwith him to Los Angeles, andit was not untillaterthat
she foundouthe hadfiled for divorce.His abandonmentinitiateda long fightfor her
to regaincustody of her daughter.She won the custody battle,butproof of her husband's abusivebehaviorin courtto obtainher legal residencyis still pending.
Lorena'sdoubtsconcerningthe legal system arewell founded.In the beginning,
it was difficultfor her to obtainhelp fromcommunity-basedorganizationsto leave
the abusive relationship.She was told by two different agencies specializing in
domestic violence thatthey could not help herbecause she was not a legal resident.
Lorenaalso had negativeexperiencesin locating good legal representation:
I didn'tknowwhereto go forhelp,so I wentto a lawyerthatdoesa lotof publicityin
thecommunity.
He saidhe wouldtakemy case,butthenhe toldmehe onlyhandled
[auto]accidentcasesandhe passedmeonto anotherlawyer.I toldthislastlawyerall
theproblemsthatI hadwithmyhusband;
howhe hadbeenabusive,buthe neverdid
I laterfoundoutthathislicenseas a lawyerhadbeen
anythingwiththisinformation.
suspendedandthatthiswas whyanotherlawyerwhoknewnothingaboutmy case
wouldshowup duringthehearingsin court.(Salcido2000,29)
Even womenwho havelived in the UnitedStateslongerandknow thatthe legal system can protect them cannot always avail themselves of such assistance. Lorena
stated,
I'mnotsurethatI canprovethathe [herhusband]wasabusivebecauseI don'thave
anypolicerecords.I nevercalledthepolice.My lawyertoldme to writeup a letter
withdatesandwhathappened
in detail.ButI'mnotsurethatthiswillwork.(Salcido
2000,29)
Lorenamay be right.Studiesindicatethatcourtauthoritiesfavorprimaryevidence
(i.e., police or medical records) over a victim's written account of the abuse
(Goldman1999). Thus,althoughLorenacould havequalifiedto self-petitionunder
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there's no way the police [in Guatemala]will come if a woman calls them. That
[calling the police] wouldn't happen anyway, but I've heard it's differenthere."
Whereas calling the police to intervene in a domestic violence case back home
would seem ludicrousto these immigrants,the fact that women can do so in the
United States-and get a response-does affect theirperceptionsof U.S. authorities.6But theirexperienceswith authoritiesback home still lingerin theirminds, at
least initially.
Therefore,immigrantwomen, and immigrantsin general, tend to rely on this
dual vision to assess their currentsituation, but as time elapses, they find that
authoritiespay relativelymoreattentionto cases of domesticviolence in the receiving countries (e.g., the United States, Canada,Australia, and WesternEurope).
Although this is not always the case, it nonetheless makes them feel a bit more
secure and can make their partnersthink twice about what they do. For instance,
Menjivarand Bejarano(n.d.) found that several CentralAmerican and Mexican
women in Phoenix, Arizona, felt that if they ever needed to call the police for a
domestic altercation,the police would be responsive,which madethem feel "more
secure."And in a studyof Salvadoransin San Francisco(Menjivar2000,266), men
agreedthatas women become moreinformedabouttheirrightsin the host country,
the men tend to thinktwice about"misbehavingat home."Thus, eventually,immigrantwomen learnabouttheirnew rightsandaboutpolice protectionin the destination country.This has hadan impacton reportingdomesticviolence to local authorities, but it does not imply thatimmigrants'claims always will be treatedfairly in
the criminaljustice systems of receiving countries(Menjivarand Bejaranon.d.).
RESPONSES IN THE HOST COUNTRIES
Until this point,we have focused on elementsthatwe foundpresent-with qualifications-in domestic violence situationsacross differentgroupsin varyingcontexts. We now turn to various responses of the receiving countries, both at the
national and at the local levels, to the issue of immigrantwomen and domestic
violence.
This issue shouldbe of interestto the receiving countries,as theirforeign-born
populationshave greatly increasedin the past two decades. Four out of every 10
Australiansis an immigrantor first-generationchild of immigrants,and half of
themarefromnon-English-speakingbackgrounds.About70 percentof Australia's
arrivalscame from non-English-speakingcountriesin 1994 to 1995 (see the AustralianCommerceandIndustryOffice Website: http://www.Australia.org.tw).
The
Centerfor ImmigrationStudies indicates that 28.4 million immigrantslive in the
United States.As a percentageof the population,immigrantsnow accountfor 1 in
every 10 residents, the highest percentagein 70 years (Camarota2001), but still
lower than the all-time high of 16 percentat the turnof the twentiethcentury.We
turnfirst to governmentaland then to nongovernmentalresponses.
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912
There have been several types of government-levelresponse to domestic violence among immigrants.In Canada,Australia,New Zealand,and Britain,efforts
have been made to providegreaterprotectionto batteredwomen who file genderbasedclaims for asylum.The enactmentof the Violence AgainstWomenAct in the
United Statesin 1994 was the first step by the U.S. Congressto protectimmigrant
women whose battererstook advantageof the women's undocumentedstatus.Initially,this act stipulatedthata womanin a domesticviolence situationcould obtain
legal residenceif she (1) enteredhermarriagein good faith,(2) residesin the United
States, (3) was the victim of batteryor extreme cruelty duringher marriage,(4)
would sufferextremehardshipif deported,(5) is a personof good moralcharacter,
and(6) lived in the UnitedStateswith hercitizen or legal permanentresidentspouse
(Goldman1999, 381). The act was modified in 2000 to (1) allow women who are
victims of domesticviolence andareundocumentedto self-petitionandfile for cancellationof deportationwhile theircase is pending,(2) no longerrequireapplicants
to show proof of extremehardship,and (3) include abuse inflicted outside of the
United States.
Althoughthis act signifies a victory for supportgroupsof victims of domestic
abuse, it is still relativelyunknown,and therehave been severalproblemswith its
implementation.Goldman (1999) noted that the courts have been ambiguousin
determiningwhatconstitutesabuseandthe processremainsrigidandbureaucratic.
Sometimes, it is the very involvementof the police and the law that may keep an
immigrantwoman in an abusiverelationship.For instance,the law mandatesthat
the husbandand wife be arrestedif they have a physical confrontationat the time
the police arrive,even if the wife's actions were in self-defense. Second, she may
also qualify,butnot be allowedunderthe law,to acceptgovernmentcash assistance
becausethis mayjeopardizeherchancesof obtaininglegal residence.Arrestand/or
governmentcash assistancecould make it difficult to prove good moralcharacter
(anotherrequirementfor legal residence), since an immigrationofficer may view
these as blemishes on a person's record.Coutin (2000, 189) also pointed out that
women must be in a legal relationshipto be able to apply for permanentresidence
underthe act. Many women who arenot legally marriedmay stay in abusivesituations in the hope thatone day,theirpartnerswill marrythemandthenpetitionimmigrationfor them.Criticsof the act (mostly anti-immigrantgroups)arguethatthis is
an attemptto expandthe definitionof asylum, which will allow too many to enter
(or stay) legally.
In additionto the Violence AgainstWomenAct, on 7 December2000, the U.S.
Departmentof Justice and the U.S. Immigrationand NaturalizationServices put
forwarda proposalthatwouldenablevictims of domesticviolence to be considered
membersof a special social groupto applyfor asylum.Togetherwith politicalopinion, nationality,race, andreligion,it is one of five protectedcategoriesin immigration law. The proposalwould recognize women as capable of facing persecution
because of their gender and make it easier for those who have been victims of
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914 GENDER
&SOCIETY
/ December
2002
LocalResponses
Local-level responsesincludepolice interventionprogramsand nonprofitorganizations that provide services that specifically targetdomestic violence among
immigrantwomen. The SouthallBlack Sisters in Britain,composed of immigrant
women, has been at the forefrontof campaigningagainst domestic violence in
Asian families and provides an example of these local-level organizations.There
are severalgroupsthatprovideshelterto women who are victims of domestic violence, butfew do so for immigrants.In some cases, outreacheffortsdo not consider
culturally appropriateways of transmittinginformation,such as informal networks,anduse mainstreamformsof advertisingfor theirservices, such as newspapers.An informantin Salcido's (2000) studysaidthatalternativeformsof distributing informationcould be supermarkets,local Spanish radio stations, or simply
word of mouth.
Regardlessof the methodused to transmitinformationaboutassistance,often,
there is resistanceby the immigrantcommunityto those who attemptto provide
supportservices to abusedwomen (Crenshaw1995, 341), mostly in fear aboutthe
"image"of the community(see SouthAsian cases describedby Abraham2000 and
Dasgupta 2000). The reality is that in certain areas, such as Phoenix and other
newerdestinationpoints,agencies providingservicesfor the immigrantpopulation
have limited housing and staff resources,which greatlyimpedes outreachefforts.
Furthermore,growingracism and anti-immigrantsentimentin differentreceiving
contexts can pose a dilemma for immigrant women, who often must choose
between their rights as women and their loyalties to their ethnic group (Kofman
et al. 2000).
Researchsuggeststhatlocal authorities'interventionamongimmigrantsis similarto interventionamongnative-bornwomen,in the sense thatthe resultsvaryfrom
useful to damaging (Mama 1993a). Culturalsensitivity and immigrant-language
skills amongprofessionalsin the community(e.g., the doctors,lawyers,and social
workers)affect theirability to communicatein the victim's language(literallyand
culturally)andto understanddomesticviolence in a particulargroup,which shapes
theirabilityto provideadequateinformationand,if applicable,takelegal action.In
the case of women who do not speak the languageof the destinationcountry,vulnerability,alienation,andridiculereachhigherlevels. And if interpretersareused,
the informationgiven to a police officer may be filteredand distortedby an interpreterwho may even favor the aggressor.
In addition,the languageand framingthatpractitionersuse to handledomestic
violence cases is crucial.In a thoroughreviewof researchconductedin social work,
psychology, psychiatry, and other helping professions working with batterers,
Ptacek (1988, 54) found that the same language was being used by both the
batterersand the social service providers. The discourse used to describe the
batterers'actionsjustified,excused, andrationalizedhis actionsas a loss of control
thatoverpoweredhim andsomehowwas outsidethe realmof choice, portrayingthe
battereras temporarilyinsane.
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4. For instance,in 1982, Rodell estimatedthat50 percentof Filipinaswere living in the highly isolated area of NorthernQueensland,Australia(Woelz-Stirling,Kelaher,and Manderson1998, 295).
5. It wouldbe erroneousto thinkthatimmigrantwomen do not attemptto improvetheirsituation.For
instance,women seeking refuge in Britainurgeda local organizationto help them maneuverthe legal
system to deporttheir abusivehusbands(Griffin 1995 and Patel 1999, cited in Kofmanet al. 2000).
6. Of course,the U.S. system has its flaws. Ferraro(1989) foundthateven thoughArizonalaw mandatedarrestfor men who batterwomen, an arrestwas made in only 18 percentof reportedassaults.The
comparisonsthat immigrantwomen make, therefore,are only relative.
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.1993b. Womanabusein London'sBlack communities.In InsideBabylon:TheCaribbeandiaspora in Britain,edited by WinstonJames and Clive Harris.New York:Verso.
Mehrotra,Meeta. 1999. The social constructionof wife abuse:Experiencesof Asian Indianwomen in
the United States. Violenceagainst Women5 (6): 619-40.
Menjivar,Cecilia. 1999. The intersectionof workandgender:CentralAmericanimmigrantwomen and
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Cecilia Menjivar,a sociologist, is an associate professorin the School of JusticeStudiesatArizona State University.She has writtenon immigrantwomen's work, social networks,gender
relations, and family dynamics,focusing primarily on Salvadorans and Guatemalans. She
recentlycompleteda comparativequalitativestudyof women'ssocial networksin Guatemala.
OliviaSalcido is a Ph.D. studentin the socio/culturalemphasisof theDepartmentofAnthropology at Arizona State University.She conductedfieldwork in Mexico as an M.A. studentat the
Universityof Queretaro,Mexico. Her currentresearchfocuses on batteredMexicanimmigrant
women,and she is a memberof the Womenof Color Committeeof theArizonaCoalitionAgainst
Domestic Violence.
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