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Immigrant Women and Domestic Violence: Common Experiences in Different Countries

Author(s): Cecilia Menjvar and Olivia Salcido


Source: Gender and Society, Vol. 16, No. 6 (Dec., 2002), pp. 898-920
Published by: Sage Publications, Inc.
Stable URL: http://www.jstor.org/stable/3081940
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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.

A considerableamountof researchhas been done on domestic violence in recent


years. However, researchon issues concerning domestic violence in immigrant
communitiesremainslimited (see Avni 1991; Dobash and Dobash 1979; Dobash
et al. 1992).1 Research on immigrantwomen in general also is extensive. For
instance, Zlotnik (1995) has detailed the increasingnumberof women migrating
worldwide,while Donato (1992) has examinedthe increasingnumbersof women
migrating specifically to the United States. Others have focused on the consequences of immigrant women's labor force participationfor their households
(Benson 1994; Kibria 1994; Menjivar 1999) and for immigrant communities
AUTHORS'NOTE: Wewould like to thankMadelaine Adelman,John Johnson, the editor, and the
anonymousreviewersfor their veryhelpfulcommentsand suggestions,and Mary FranDraiskerin the
Publication Assistance Center at Arizona State Universityfor preparing this document.Any errors
remainingare, of course, the authors'.
REPRINTREQUESTS:Cecilia Menjivar,School of Justice Studies,ArizonaState University,Tempe,
AZ, 85287-0403; e-mail: menjivar@asu.edu.
GENDER & SOCIETY,Vol. 16 No. 6, December2002 898-920
DOI: 10.1177/089124302237894
? 2002 Sociologists for Womenin Society

898

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Menjivar, Salcido / DOMESTIC VIOLENCE

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(Hondagneu-Sotelo1994;Menjivar2000). However,the linkbetweenimmigration


anddomesticviolence has only begunto emerge(cf. Bui andMorash1999 on Vietnamese in the United States;Mama 1993a, 1993b on Caribbean,Asian, and Black
women in GreatBritain).
It is estimatedthatviolence occurs in one quarterof all marriages.Accordingto
Easteal (1994) and Goldman(1999), statisticalevidence pertainingto the number
of immigrantwomen who experiencedomesticviolence in receivingcountries,like
the United Statesand Australia,is unavailable.Largesurveysthatmight shed light
on the experiencesof Latinaimmigrantsin the UnitedStates,for instance-including those using redesignedinstruments(e.g., the 1995 NationalCrimeVictimization Survey)-remain inconclusive (Bachman and Saltzman 1995). Latinas are
usually groupedinto a Hispaniccategory,regardlessof citizenshipor legal status,
and measurementshave not accountedfor noncitizenwomen who experienceviolence. This dearthof dataandresearchcould translateinto policies thatneglect the
situationof immigrantwomen in domestic violence situations.For instance, the
NationalAdvisoryCouncilon Violence AgainstWomen(n.d.) (chairedby the U.S.
Departmentof Justiceandthe Departmentof HealthandHumanServices) recently
launchedthe Toolkitto End Violence Against Women(http://toolkit.ncjrs.org).
Its
effortsfocus on immigrantsonly once, even thoughthereare 16 chaptersdedicated
to various other groups (e.g., Native Americans, the military,etc.) in efforts to
involve them in preventionand bettervictim services.
Thus, an assessmentof the scholarshipon domestic violence among immigrant
women is necessarybecauseit sets the stage for framingimportanttheoreticalquestions, as well as informingpolicy. Althoughexisting researchon this subjectmatter
is still limited in scope and relativelynew, therehave been recentcalls to attendto
this issue. One majoreffort was made at the United Nations FourthWorldConference on Women held in September 1995 in Beijing, which recognized violence
againstwomen as a violationof humanrights,as set forthby the Declarationon the
Eliminationof Violenceagainst Women.
Ourassessmentbegins with a review of relevantstudies to identify immigrantspecific factors presentin cases of domestic violence in differentcontexts across
varying groups. We seek to identify common experiences among immigrant
women in the majorreceivingcountries,whereresearchon this issue has been conducted more systematically,which will set the stage for theorizing in this stilldevelopingarea.We do not makeunqualifiedassertionsthatthe factorswe discuss
will always lead to domestic violence amongimmigrantsor thatthey arepresentin
all situations.Like Abraham(2000), in her study of South Asian women in the
United States, we seek to delineate a framework explaining how immigrantspecific factors exacerbatethe alreadyvulnerableposition-as dictatedby class,
gender,andrace-of immigrantwomen in domestic violence situations.However,
ratherthanfocusing on one group,we examinethis situationamong severalgroups
in the majorcountriesreceivingimmigrants,so as to abstractfromthe differentcase
studies and then begin to theorizeand perhapsto set the foundationsfor a redefinition of domesticviolence thatwould accountfor immigrants'experiences.We find

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GENDER & SOCIETY / December 2002

thatwhatis missing in priorresearch,andwhich is necessaryto begin theorizing,is


a sustainedexaminationof differentexperiencesbased on comparativereasoning.
Insteadof simply addingfactorsthataffectimmigrantwomen, suchanexamination
mightleadto a restructuringof domesticviolence frameworksin light of the experiences of immigrantwomen, whose presenceis increasingin manycountriesaround
the world.
Patriarchalideologies are general and may even be universal,but their local
expressionvariesaccordingto the social positions of the immigrantsandhistorical
specificities of theirmigration(Menjivar1999). As Kandiyoti(1988) pointedout,
there are differentforms of patriarchy,and women bargainwithin specific sets of
constraintsin differentsocioculturalcontexts. Thus, pinpointingthe commonalities in immigrantwomen's experienceswith domesticviolence allows for theorizing aboutthe conditioningfactorsthatshapethese experiencesand what strategies
women use. Ourintentis not to underminethe heterogeneityof immigrantwomen
across differentcultures,even thoughthe discussionwill be centeredon commonalities. Thus, we recognize importantindividualcharacteristicsof the immigrant
groups and the context where they arrivethat will qualify broadgeneralizations.
Also, this examinationis not a purelytheoreticalexercise, because learningmore
aboutdomestic violence situations(irrespectiveof context or culture)can inform
policy. In this light, we also includethe receivingstates'andlocal nonprofitorganizations' responsesto domestic violence experiencedby immigrantwomen.
Throughthe examinationof case studies reportedin the literature,we seek to
identify those immigrant-specificfactorsthat make the experiencesof immigrant
women in domestic violence situationsuniqueto the rest of the populationin the
host countryand,in some cases, uniqueto the individualimmigrantgroup.In doing
so, we are cognizant that women's experiences interactin powerful ways with
broaderfactorsin the receiving contexts, such as immigrationlaws and domestic
violence policies, the immigrantgroup'sown socioculturalmakeup,resourcesthey
can counton as a group,andthe individualwoman'ssocial class. Such interactions
undoubtedlygenerate a multiplicityof outcomes. Thus, our examinationunderscores women's experiencesin domestic violence as intimatelylinked to broader
structuralforces-political, economic, social-for these create multiplelayers of
oppressionand hierarchieswithin which immigrantwomen's lives are enacted.
We recognizethe existence of same-sexrelationshipsamongimmigrantwomen
andmen, which addto the complexityof issues of domesticviolence andimmigration. However,in this article,we limit our discussion to heterosexualrelationships
for, in the alreadylimitedliteratureon domesticviolence amongimmigrants,these
relationshipshaveattractedby farthe most attention.We arealso mindfulthatthere
are men in domestic violence situations,but we are focusing on women's experiences becausethese representthe majority.Forinstance,in the United States,up to
95 percent of all domestic violence cases between adults are of violence against
women (Goldman 1999, 387). And according to Campbell, even when there is
physical aggression againstmen, women's injuriestend to be more severe due to
the disparityin heightandweight betweenthe two (1993, 103). We arealso limiting

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Menjivar, Salcido / DOMESTIC VIOLENCE

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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.

COMMON EXPERIENCES IN DOMESTIC VIOLENCE


AMONG IMMIGRANT WOMEN
Studies of domestic violence have demonstratedthatdespite differencesin language, religion,andcustom,physicalassaultson womenoccurat all social andeconomic levels.2But therehas been a common tendencyto stereotypedomestic violence in some ethnic groupsas an inherentpartof theirculturalrepertoire.Nelson
(1996) observed that the stigma of domestic violence and the fact that it usually
occurs in the home makes accurateinformationon the magnitudeof this problem
scarce. Some studies have reportedhigh rates of physical abuse among groups of
women, reaching60 percentor more in select populationsin LatinAmerica,Asia,
and Africa. This informationoften reinforcesthe notion that gender-basedabuse
does not need the state's interventionbecause it is partof a group'scultureand it
takesplace in the privaterealm.As Kofmanet al. (2000, 101) observed,"Thecase
of domestic violence exemplifies the toleranceof practicesin the privatesphereon
grounds of noninterventionin the customs of others."Ferraro(1989) found that
police officers viewed arrestsin domestic violence situationsamong immigrants
(as well as among othergroups such as gays and Native Americans)as a waste of
time because violence was supposedto be "away of life for these people."Furthermore, such notions not only serve to substantiatehost governments'perceptions
thatdomestic violence amongimmigrantsis inherentlya partof theirculture-and
thus nothingcan be done aboutit-but also thatdomesticviolence is higheramong
immigrantsbecause they importit with them.
However, our review of the scholarshipshows that the incidence of domestic
violence is not higher than it is in the native populationbut ratherthat the experiences of immigrantwomen in domestic violence situationsare often exacerbated
by their specific position as immigrants,including limited host-language skills,
lack of access to dignifiedjobs, uncertainlegal statuses, and experiences in their

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GENDER & SOCIETY / December 2002

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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Menjivar, Salcido / DOMESTIC VIOLENCE

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1995, 341). Althoughwe discuss these factorsseparately,they exerttheirinfluence


in unison;veryrarelydo we find only one of themaffectinga particularoutcome.
Language

Languageis a factorthatimpedes women from learningand accessing services


in receiving communities (Bui and Morash 1999; Garcia 1993; Goldman 1999;
Nah 1993). Immigrantsalreadyfluent in the languageof the host country,because
they are well educatedor the host and native languages are the same, remainthe
exception. Nah (1993) observed that the ability (or inability) to speak the hostcountrylanguagegreatlyinfluencesthe process of resettlementandadaptationinto
the new culture.Immigrantswith limitedor no host-countrylanguageskills tendto
live in communities with coethnics, who cater to their needs in their native language. But accordingto Merry(2000, 209), social andculturaldifferences,a lack of
understandingof the legal process, and language differencesdisadvantagerecent
arrivals.Also, languageskills andjob opportunitiesgo handin hand.Whenlacking
host-countrylanguage skills, most immigrants-male or female-are only able to
findjobs in the lower echelons of the economy (Nah 1993). A professionalwoman
who is not fluent in the host-countrylanguagemay end up workingin a factoryor a
restaurant,which poses negative consequences for her and her family in the long
runas they often stay in thosejobs for a long time. And for manyimmigrantwomen,
language is a barrierin accessing and communicatingtheir needs to communityservice providersandin seeking protectionfromtheirabusersthroughthe criminal
justice system (Bui and Morash 1999; Jang, Lee, and Morello-Frosch1991).
However,some women, in the absenceof host-countrylanguageskills, become
adeptat networkinginformallyin theircommunities.They manageto access informationandservices, often independentfromtheirmale partnersor family members
(Menjivar2000). These women begin to gain "legalconsciousness"(Merry1990,
2000), thatis, a realizationand greaterunderstandingof theirrights as they spend
moretime in the host country.Nicollet (1998) observedthe increaseduse of French
custom and law where domestic violence occurredas women from Mauritania,
Mali, Senegal, and Guinea-Bissauspentmore time in France.Languagecan break
barriersfor immigrantwomen in domestic violence situationssince women's language proficiencycan reducethe batterer'sabilityto reinforcehis powerto control.
However,it is importantto note thatthe ability to speak (or learn)the host-country
languagedoes not always lead to an improvementfor immigrantwomen in domestic violence situations,as a study conductedamong HinduAsian Indianwomen in
the UnitedStatesdemonstrated(Mehrotra1999). In fact, it may exacerbatethe abusive behavior since male control and orthodox gender roles are contested. That
being said, even thoughthe evidence on languageis uneven,we findthatin general,
language skills exert greaterinfluence when combined with other limiting conditions, such as isolation, employment,and legal status.

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Isolation from and Contact with Family and Community

Isolationmay occurmoreeasily for immigrantwomen as manyhave left behind


families and loved ones. They enter a foreign environmentwhere they may not
know the language,culture,or physical geographicareaandmay recognize only a
few familiarfaces. In these situations,it is easier for men to controlwomen's lives
both emotionallyand physically.Due to isolation, men are betterable to gain sole
controloverresourcesthatcould offer legal, financial,and/oremotionalsupportto
the women. And conflicts often arisewhen women establishlinks in theircommunities. Forinstance,when Guatemalanand Salvadoranwomen in the United States
obtainedinformationon domesticviolence andtheirrightsat communityorganizations, theirpartnersdid not welcome such knowledge (Menjivar1999, 2000).
Many immigrantwomen suffer from social isolation, and it can have fatal
results.In a case of Tamilwomenin Canada,isolation-compounded with a feeling
of powerlessness-led severalAsian Indianwomen to jump from their apartment
buildings to their deaths. In this study (Morrison,Guruge,and Snarr1999, 156),
one key informantexplained,
Yes,becausetheyhaveno otherway,theyhavenowhereto go. All theyknowis they
[canjump]offtheirbalcony.Andit'sveryhardtogettothembecausetheydon'tcome
out,theydon'tmeetanybodyandwe don'tknowthatthesepeopleexistuntilthey
commitsuicide.
This case identifies dependency as the culprit working against immigrant
women, as the abusivepartnergains momentumin power and controlafterimmigration,andwomen (often) no longerhave the supportof theirsisters,cousins, and
friendsthatthey hadback home, as a case of Ethiopiansin Israelattests(Adelman
1997).3Of course, even when immigrantwomen live close to family membersand
friends (a situationrelatedto language skills and economic opportunities),orthodox views about marriageand gender roles tend to take over. Such views may
encourage the perception of domestic violence as acceptable behavior. For
instance,Filipinasin Australiawho sufferedabuseand violence remainedisolated
geographicallyand also were subjectto culturalstigmatizationin their own communityandin the largersociety (Ang 1995, 44). Thus,women maybe isolatedeven
when surroundedby family, relatives, or extended family members. A Korean
immigrantwomanin Nah's (1993, 293) studydemonstratedthis in speakingof her
difficultieswith her extendedfamily in New York,particularlywith her mother-inlaw:
I livewithmyhusband's
Whatever
myhusbandtellsmymotherparentsandbrother.
in-law,alltheblamefallson me.TheythinkI makehimdoit. Oncemyhusbandtold
his motherthathe wantedto moveout;all my in-lawsaccusedme of incitingmy
husband.

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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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GENDER & SOCIETY / December 2002

letting the governmentinterferewith what is supposed to be a family affair may


underminethe traditionalauthorityin the family.This reinforcesthe acceptability
of domestic violence throughthe belief that it is a privatematter,an idea exacerbatedin the case of immigrantswhen it is reflectedin laws thatmay allowjustification for battering(Avni 1991; Bui and Morash 1999; Merry2000).
The issue of isolationbecomes more acutein cases of mail-orderbrides,a practice createdby men in industrializedcountriesto marrydocile and domesticated
women from lands where more orthodoxgenderrelationsare still the norm.Men
expect these women to accept a submissive and subordinaterole in marriage.In
addition,the brideis often on her own for the firsttime, in a foreignland whereher
supportbase is nonexistent,which increasesher vulnerabilityand isolation. Many
have documentedsituationswhere men have used the woman's immigrantcondition to reinforce their control and abusive strategies(Erez 2000; Jang, Lee, and
Morello-Frosch1991;Mama 1993a, 1993b;Nayaran1995). The numberof studies
concerningdomesticviolence amongmail-orderedbridesis limited,perhapsdueto
very low levels of reporting,andthe few studiesthatdo exist differdramaticallyin
the ratesreported,rangingfrom 12 to 50 percent.Accordingto one study,thisrateis
as high as 77 percent(Nayaran1995, 106). In Australia,Filipinawomen marriedto
Australianmen acknowledgedtheirisolation and marginalizationduringtimes of
discordor relationshipbreaks(Ang 1995, 44).4In anotherstudyconductedin Australia,Easteal (1996) observedthatvictims and abusersare usually from the same
ethnicgroup,with Asian womenwho havebeen sponsoredfor immigrationby nonAsian partnersas the exception. Australia'sFilipino community'sprejudiceand
stigmatizationof mail-orderbrides compoundsthe limited assistance that native
Australiansand the legal system offer to these women. Woelz-Stirling,Kelaher,
and Manderson(1998) observed that social disapprovaland/or stereotypingof
Filipina-Australianmarriages(andthe shamethatwomen in these marriagesoften
experience)has led to underreportingof emotionalandphysical abuse.Ang (1995,
43) quoted a Filipina referringto mail-orderbrides as saying, "I know a lot of
Filipinasmarriedto Caucasians... andall areprofessionalanddecent."Later,Ang
mentionedthat the very necessity of this qualifierindicatedthe negative associations with mail-orderbrides.
Changesin EconomicStatus
The scholarshipthat documents immigrantwomen's entry into paid employment in the destinationcountryis extensive. In assessing the effects of women's
labor force participation,some studies observe that employment can increase
women's bargainingpowerandcontroloverresources.In turn,this can be the basis
for more personalfreedomand egalitarianrelationshipswithin the home (Beneria
and Roldan 1987; Safa 1995). Otherstudies demonstratethat participationin the
labor force does not always translateinto increasedstatus for women or, for that
matter,a decreasein domestic violence (Bui andMorash 1999; Menjivar1999). If
the man'sauthorityis reducedas a resultof the woman'sincreasedeconomic status,

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conflict could occur (Kibria1994; Kudat1982; Menjfvar1999). A Koreanwoman


in Nah's study explained,
I makemoremoneythanhedoes,andheis irasciblethesedays.TheotherdayI argued
Heblewup.... I nowtryto sayI don'tknowand
stronglybackagainsthisremarks.
seek his opinion.[Anotherwomanobserved,]Afterlong hoursof work,I am too
exhausted.
Myhusbandis selfish.Sittingonthecouch,he ordersmeto doeverything
forhim.(1993,292)
In a study of Asian Indianwomen in the United States, Mehrotra(1999, 628)
observed that the abusive behavior continues and also underminesthe potential
economic gains of immigrant working women. Mona, a study participant,
explained,
theworstdayswerethedaysI wouldbringin thepaystub.I was
Duringmymarriage
gettingyelledat so much.I wouldtakemypaystub,go to mybedroomcloset,close
theclosetandsit thereandcryfortwohours,threehours.
Mona's husbandhad established an account in which his access allowed him to
monitor every expense, thus controllingher activities, including any attemptsto
access money, or for that matter,communityresources.
In addition,immigrantwomen areusuallyrequiredto worka double (even a triple) shift, contributingto reproductivetasks in the home as well as productiveones
in the labormarket,all the while makingeffortsto keep orthodoxgenderrelationsat
home intact. For instance, Turkishwomen in Germanyoften made superhuman
effortsto participatein both areasso as to not upsetthe delicatebalanceof powerat
home (Kudat 1982, 298). Many enteredthe labor force for the first time in Germany,and notably,many of these women migratedalone and were laterfollowed
by their husbands.In cases where women migratedwith their husbandsor were
soon reunitedwith them, "[womenwere] not freed from kin controls to the same
extent as women who had migratedalone" (Kudat 1982, 297). Similarly,Nora, a
Guatemalanimmigrantin Los Angeles (Menjfvar1999), had to do all the household chores even thoughshe was the sole breadwinnerso as not to makeherunemployed husbandfeel any loss of power.
Sometimes,the new financialpower a womanfeels can lead her to seek alternatives to the expected strict submission to her husband'sauthority(Kudat 1982).
This newfound independence can also jump-startdemands concerning money
decisions and investments.Takena step further,a woman may even boycott decisions made back home by refusingto remither earnings.The authorityof the husbandis furtherthreatenedwhen he remainsat home or his job is temporaryand/or
unstable (Menjivar 1999) because immigrantwomen often are able to find jobs
more easily than men, especially work in domestic services or caringfor children
and the elderly. Thus, conflict-rather than equality-may be the result of a
woman'sgreaterindependenceandmay lead to an increasein the rateof separation
or divorce (and violence).

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Shoulda womandecide to abandonherpartnerandgo backto hercountry,there


may not be anyjobs for herthere.At best, therewill be very low-payingjobs in precariousenvironmentswherethe womenmay findthemselvesstigmatized,affecting
their chances of earning a decent living. For example, when the Turkishwomen
mentionedearlierdecided to returnhome, they could not re-createthe changes in
theirroles they had gained abroad.Once again, they had to conformto traditional
norms(i.e., not to workoutsidethe home if it couldbe avoided)orreturnto the same
social class fromwhich theyoriginated(Kudat1982). It mightnotbe a surprisethen
that generally, immigrantmen are more inclined to return home than are the
women. Many women experiencetensionon theirreturn.While pressureswells to
upholdtheirsociety's relativelymore orthodoxgenderroles, economic conditions
demanddeviationfrom such culturallyacceptablenormsof behavior.Womenwho
decide to stay in the receiving countryafterseparationor divorceusually increase
theirprospectsof becomingthe head of the householdandthusarelikely to remain
in the lower echelons of society. Thus, paid work does not lead to an advantagein
domestic violence situations,because immigrantwomen's employmentdoes not
occur in isolation from socioculturaland genderideologies and the structuralconstraintsin the contexts where they live.
LegalStatus
Theoreticallygender-neutral,immigrationlaws affect men andwomen dissimilarly.Forinstance,Simons (1999) observedthatforeignwomen who marryAmerican men generallyaremore vulnerablethanare foreignmen who marryAmerican
women.Althoughimmigrantwomenarealreadysusceptibleto battering,anirregular legal statuscompoundstheirvulnerabilityand isolation, as MacLeodand Shin
(1990) demonstratedin a studyof batteredrefugeewomenin Canada.Often,immigrant women fear contact with authorities in the destination country and
underutilizeor avoid the criminaljustice system altogether(Erez 2000; Menjivar
andBejaranon.d.). Thus,theymaybe morereluctantto seek help orreportabuse.
Immigrantwomen can be in vulnerablesituationsbecause the legality of their
stay in the receiving country often is linked to their spouses (Bechtold and
Dziewiecka-Bokun 1999). Family reunificationlaws, such as those in the United
States and Europe,tend to make immigrantwomen rely on their partnersas their
sponsors for obtaininglegal status (Kofmanet al. 2000). Failureto reportabuse
stems from either fear of their spouse's finding out or proceduresthat state agencies, such as the U.S. Immigration and NaturalizationServices, launch. For
instance,about300 men per year are deportedas abusersafterbeing reported,but
their wives are deportedwith them as well (WashingtonPost cited in New rules
2001) because they have been claimed as dependantson their husband'sapplications (either for refugee status or regularadmissions). In these cases, an abusive
husbandcan use his wife's legal status as a form of blackmail,and the wife will
avoidfiling criminalchargesagainstherhusbandbecauseher own legal statuswill
be jeopardized.5

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909

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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GENDER& SOCIETY/ December2002

new regulationsthatallow womenin domesticviolence situationsto do so (because


she was marriedfor morethanthreeyears),her case may be denieddue to a lack of
documentsvalidatingher accountof the abuse.
Sara, anotherPhoenix woman described in Salcido's (2000, 22) study, was
undocumentedand was stayingat a shelter.Odds were againsther,but she seemed
determinedto change her currentsituation.Althoughshe had a highereducational
level thanmost women at the shelter,she was not sureit would makea differencein
her income because of her undocumentedstatus.In Sara'swords, "My resources
here arevery limitedbecausenone of us [herchildrenandherself]were bornin the
United States."Like manyotherwomen, Sara'spossibilityof gaininglegal statusin
the UnitedStatesremainedslim. However,she keptoptimistic:"HereI am lucky to
have ajob, I planto takeESL classes andmay even takethe GED, and my children
can latergo on to school. I was veryfortunateto havegottenin here [theshelter]."
In sum,whenbothwomenandmen areundocumented,the womenfearthe security of their entire families will be at risk if they call attention to themselves
(Crenshaw1995). Underthese circumstances,many women are reluctantto leave
even the most abusive of partners.This situationbecomes acute among refugee
women because, as Morrison,Guruge, and Snarr(1999) pointed out, a husband
who has sponsoredhis wife from a war-tor countryholds untoldpower over that
woman. Crenshaw(1995, 335) observedthatthese are the tragicconsequencesof
the double subordinationof immigrant(and refugee) women.
The HomeCountryas a Frameof Reference
In evaluatingtheir situation,immigrantsframetheir currentexperiencesusing
theirhome countriesas a pointof referenceandassess theirpresentsituationin relation to what they left behind (Erez 2000; Menjivar1999; Menjivarand Bejarano
n.d.). Often, women arrivefrom countrieswhere domestic violence simply is not
reportedbecause of a lack of legal protectionor culturalprescriptionsthatprevent
women from reportingviolence. Resourcesfor women in these situationsare few
andfarbetween,leavingthemto infer,initially,thatthe same appliesin the destination countries.A Salvadoranwoman in Phoenix, Arizona,laughedwhen asked if
she ever thoughtof calling the police back home in the case of domestic violence
(Menjivarand Bejaranon.d., 19). In her words,
If you
Thepolice?Whowouldthinkof callingthepolicebackthere[inEl Salvador]?
calledthemthey'dthinkit'sa prankandtheywon'tevenbothercoming!No onedoes
that.Everyonewill laughif a womancallsforhelpif herhusbandis beatingher.
A Salvadoranwoman in San Francisco (Menjivar 2000, 170) echoed this
response and also laughed when asked the same question, later adding, "As a
woman,one has rightsin this country."This perceptionwas reinforcedby the view
of Marcos, a Guatemalanman (Menjivarand Bejaranon.d., 19) who said, "No,

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911

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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Government-Level Legal Responses

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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Menjivar, Salcido / DOMESTIC VIOLENCE

913

domestic violence to gain asylum.This categoryhas been extendedto include gays


and lesbians and women facing genital mutilation.But what the law says about
claims based on gender is complex and contradictory(Einolf 2001, 10). For
instance, the asylum petition of Roni AlvaradoPenia,a Guatemalanwoman who
had been severely beaten, raped, and threatenedwith death by her husband,was
deniedbecausethe Boardof ImmigrationAppeals (an administrativecourtcharged
with interpretingimmigrationlaw) foundthathercase did not fit anyof the five protected groundsfor asylum. However,a Moroccan woman who requestedasylum
because her father,a conservativeMuslim, abusedher was approvedbecause the
Board of ImmigrationAppeals ruled that she had been persecutedon the basis of
religion (Einolf 2001, 232-33). These cases demonstratehow legislative changes
can benefit some women but not othersbecause theirpotentialbenefit dependson
their interpretation.
Ang (1995, 45) arguedthat despite the higher risk of domestic violence in the
Filipino communityin Australia-5.6 percenthigherthanany othergroupin Australia including other ethnic minorities-the Australiangovernment has yet to
respondto the problemthroughlegislation.The authorclaimedthatlegislationhas
either remainedinsensitive or detrimentalto Filipinas, requiringproof of violent
treatmentbefore a case can be consideredbefore the law. The Australianand the
Philippinegovernmentshavejointly addressedsome of these issues, such as a 1990
ban on mail-orderbrides from the Philippines, and have stipulatedthat Filipinas
requestingpermanentresidence in Australiaattenda mandatoryorientationprogram by the Commission on Filipinos Overseas. The AustralianDepartmentof
Immigrationand MulticulturalAffairs will not accept an applicantwho has not
attended the mandated counseling sessions (Woelz-Stirling, Kelaher, and
Manderson 1998, 298). As of 1991, government regulations were altered for
women applying for permanentresidency,who must prove that their marriageis
real (not only to gain permanentlegal status).
If the woman is not marriedand separatesbefore marriage,she will be required
to leave Australia.However,in cases where the womancan provideevidence demonstratingthatthe terminationof the relationshipwas due to domestic violence or
thatshe has custodyorjoint custodyof a child, residencymay be granted.Although
the AustraliangovernmentprovideslimitedEnglishclasses for all new immigrants,
andwomen participatein an orientationprogram,they arenot informedof available
health services, social security entitlements,legal rights, or networkswith other
Filipinas living in Australia.Some of these women live in isolated areas such as
Queensland,where services are restricted(e.g., lack of adequateemergencyshelters). Also among these women, immigrationlaws can contributeto a belief that
leaving an abusive relationshipmay jeopardize their immigrationstatus (WoelzStirling,Kelaher,and Manderson1998, 290). Historyreveals thatracismand sexism are entrenchedin immigrationlaws of the receiving countries.For example,
U.S. immigrationlaws and policies have focused on keeping out the "illegals"
instead of focusing on potentialfuturecitizens (see Chavez 1992).

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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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Menjivar, Salcido / DOMESTIC VIOLENCE

915

A differentproblemoccurs when police interventionincreasesthe violence and


exacerbatesthe women's vulnerabilityand alienation(Mama 1993a). This contradictoryoutcome of police interventionis similarto past studies of the efficiency of
police interventionin domestic violence cases in general.Ferraro(1989) notedthat
even when policies instructpolice to arrest,officerswill rely on the victim's andthe
offender'scharacteristicsto determinewhetherto arrest,a decision thatalso will be
informedby legal, ideological, practical,andpoliticalconsiderations.Forinstance,
Ferrarofound thatofficers are less likely to make an arrestat the end of their shift
since it takes at least an hour to process an arrestand officers receive no explicit
incentivesfor complying with the policy and no penaltiesfor evasion. Race, legality, andlanguagefurtherinforman officer's actions.Thus,as is the case in domestic
violence generally,such attitudeson the partof authoritieshavedeterredimmigrant
women from seeking formalinterventions.
CONCLUDING REMARKS:
RECOMMENDATIONS FOR FUTURE RESEARCH AND POLICY
We have identifiedcommon elements presentin the domestic violence experiences of immigrantwomen that are unique to their situation-language barriers,
isolation, immigration-inducedeconomic changes, legal status, and a crossnationalcomparativeframe of reference.These factors,however,are not the only
ones present in cases of domestic violence among immigrants.Kurz (1998) and
O'Campo and Rojas-Smith (1998) observed that welfare reform in the United
States has negatively affected the lives of poor women, including immigrant
women, in domesticviolence situations,andRhee (1997) notedthata high cultural
toleranceof men's heavy alcohol use can contributeto domestic violence. Furthermore, the factors we have identifieddo not exert their influence alone. Economic
hardshipcan preventwomen fromleaving an abusiverelationship,which is exacerbated when women eitherdo not speak the languageor are undocumentedand do
not know their options because they are isolated.
There have been differentresponses to domestic violence among immigrants,
both at the governmentand at the local level in receiving communities. Governmentshave enactedandamendedimmigrationlaws thataremakingit a little easier
for immigrantwomen to find protection.At the local level, immigrantscan access
services directedto native-bornwomen,butbarrierssuch as language,culturalmisunderstandings,and different perceptions in reporting prevent the immigrant
women from efficiently using such services. Services thatare similarto those provided to native-bornwomen tend not to consider the specificities of immigrants'
experiencesand socioculturalpractices.However,thereare social service agencies
thatspecifically assist immigrantwomen in domesticviolence situations,andthese
tend to be linguistically and culturallyappropriate,but there still are very few of
them.

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916

GENDER & SOCIETY / December 2002

Farfromexhaustingthe discussion,we hope oureffortherewill instigatefuture


research.As we have shown, a focus on immigrantwomen and domestic violence
translatesinto an engagementwith issues of gender,race, class, ethnicity,cultural
values and beliefs, language and social skills, and legal status. Our discussion
attestsnot only to the paucityof researchin this areabut also to the importanceof
theoreticallyexposing the parallelsand contrastswith native-bornwomen in similar situations.Thereare severalreasonsfor the lack of priorresearchon immigrant
women anddomesticviolence. First,thereis a perceptionthatdomesticviolence is
an intimatematter,andimmigrantwomen, sometimesculturallynot accustomedto
discussing privatematterswith strangers,may not be willing to speak abouttheir
experiences.In addition,socioculturalpreceptsare believed to affect reporting.
Ourexplorationmay have policy relevanceas well. Forinstance,severalstudies
recommendedthatcommunity-basedorganizationsoperatedby individualsof the
same ethnic groupas those receiving the services would work best at meeting the
needs of immigrantcommunities(Nah 1993;Preisser1999;Rhee 1995). The same
researcherspoint out thatmainstreaminstitutionsdo not acknowledgethe value of
infusing otherculturalmodels into existing programsthatwould enhanceservices
to the immigrantcommunity.Suchrecognitionwouldprovideservicesthatareculturallysensitive and caterto the needs of women who would otherwisehesitateto
seek formalinterventionsand also would make use of professionalcoethnics who
are workingin low-paid, low-skill jobs.
Therefore,to avoid the continuedperpetrationof physical, mental,emotional,
and/oreconomic violence againstimmigrantwomen andtheirchildren,the courts,
as well as othercommunityagencies thatarepartof the formalsystem, need to recognize thatimmigrantwomenin domesticviolence situationshaveneeds thatdiffer
from those of the mainstreampopulation.Ratherthan essentializing immigrant
women's experiences,these need to be broughtinto mainstreamdiscussions and
policies. Thus,laws, definitions,andchannelsof informationneed to be adjustedto
recognize the increasingpresenceof immigrantwomen. Importantly,studies need
to be comprehensive,including the experiences of immigrantwomen who have
entered throughthe formal system and throughextralegalchannels. In this way,
immigrantwomen will be informed,in theirown language,of communityservices
that will educate them about their rights, empower them, and enable them to
improvetheir immigrant-specificsituationso thatthey can live dignified lives.
NOTES
1. This study is on domestic violence among immigrantwomen. By domestic violence we mean
physical,psychological, and verbalabuseby an adultman againstan adultwoman in an intimate,consensual, or legally contractedrelationship.
2. See FerraroandJohnson(1983) for an analysisof how (nonimmigrant)women experienceabuse,
how they rationalizeit, and underwhat circumstancesthey leave abusiverelationships.
3. Similarly,JohnJohnsonpointedout to us thatwhen people migrate,male controlof violent males
is also lessened because of the distanceinvolved (personalcommunication2001).

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Menjivar, Salcido / DOMESTIC VIOLENCE

917

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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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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