Report Title:

Domestic Violence; Undocumented Immigrants; Pilot Project

 

Description:

Allows the department of human services to establish a pilot project to assist undocumented immigrants who are victims of domestic violence or sexual assault. (HB872 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

872

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

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 is 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 in investigating 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.  Also, 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 request that the department of human services 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 may establish a pilot project to assist undocumented immigrants who are victims of domestic violence or sexual assault, including assistance qualifying for protection under the federal Violence Against Women Act. 

     (b)  If established, 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 petitions under the federal Violence Against Women Act, U-visas, 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)  Case management needs, including language learning, and information and assistance using public transportation, obtaining identification, and other skills as necessary.

     (c)  If the pilot project is established, 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, including the number of victims who 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.