Report Title:

Domestic Violence; Undocumented Immigrants; Pilot Project

 

Description:

Requires the department of human services to establish a pilot project to assist undocumented immigrants who are victims of domestic violence or sexual assault.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

872

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to the federal violence against women act.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that one of the goals of the federal Violence Against Women Act to protect women who are victims of domestic violence or sexual assault, including undocumented immigrants, from their perpetrators.

     The United States Department of Justice, through the Office on Violence Against Women, encourages nonprofits, community-based organizations, and other social service organizations to aid victims of violence by providing legal and social services to enable women to report abuse and cooperate with law enforcement without fear of being legally reprimanded due to their immigration status.  The Violence Against Women Act created special rules for undocumented immigrants who are victims of domestic violence or sexual assault to allow them to apply for a work permit and a U-visa, which provides immigration status to noncitizens willing to assist authorities investigate crimes.

     However, despite the provisions of the Violence Against Women Act, many domestic violence or sexual assault victims do not report perpetrators or help to prosecute them because of fear of deportation.  Many victims are unfamiliar with the laws that protect them and their children.  Additionally, women who have cooperated with authorities have been unable to financially support their families because of a lack of job experience, job training, and interviewing skills.

     The purpose of this Act is to require the department of human services to establish a pilot project to enable community-based organizations to provide legal advice and social services to victims of domestic violence or sexual assault who are undocumented immigrants, in accordance with the goals of the federal Violence Against Women Act.

     SECTION 2.  (a)  The department of human services shall establish a pilot project to assist undocumented immigrants who are victims of domestic violence or sexual assault, including assistance with helping victims to qualify for protection under the federal Violence Against Women Act.  The department may contract with a nonprofit organization to operate the pilot project; provided that any nonprofit organization providing services shall have expertise relating to the federal Violence Against Women Act.

     (b)  The pilot project shall provide the following services to undocumented immigrants who are victims of domestic violence or sexual assault:

     (1)  Assistance with restraining orders;

     (2)  Assistance with applications for U-visas, petitions under the federal Violence Against Women Act, and work permits;

     (3)  Workshops on building self-esteem and self-confidence;

     (4)  Instruction on appropriate workplace etiquette and appearance;

     (5)  Training in effective job search techniques;

     (6)  Career assessments, when appropriate, to identify marketable skills and assess employability;

     (7)  Information about current labor market trends for employment and training;

     (8)  Placement with employers who agree to hire a prearranged number of victims;

     (9)  Post-employment services;

    (10)  Legal assistance with divorces, child custody and support, housing and consumer issues, and other family law issues; and

    (11)  Programs to address the lack of English skills and case management needs, including information and assistance with using public transportation, obtaining identification, and other skills.

     (c)  Funds received by an organization under this Act shall be used only for services described in subsection (b).

     (d)  The department of human services shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2011 that shall include the following:

     (1)  A description of the process used to award contracts to nonprofit organizations that received funds pursuant to this Act;

     (2)  A list of nonprofit organizations that were awarded contracts and the amount of funds awarded to each of the nonprofit organizations; and

     (3)  The number of victims that received services and the types of assistance they received.

     SECTION 3.  This Act shall take effect upon its approval and shall be repealed on June 30, 2011.

 

INTRODUCED BY:

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