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Will Immigration Reform Correct the Immigration System’s Gender Bias?

Posted on by Ruby Powers in immigration bill, Immigration Law, Immigration Trends Leave a comment

Will Immigration Reform Correct the Immigration System’s Gender Bias?

shutterstock_29804098Within the current immigration system, many women confront systematic barriers when trying to gain legal status. This is one of the main conclusions drawn from a study conducted by social scientists Cecilia Menjivar and Olivia Salcido. Based on a 10-year-long research project on immigrant women in Arizona, the authors identify specific instances in which gender inequality is ingrained in the formulation, interpretation, and implementation of immigration laws.

 

Because of gender biased structural barriers, women who apply for permanent residence tend to rely on male relatives to petition for them in the legalization process.

According to the study, immigration law presumes and reinforces women’s status of dependency, hindering women’s legal incorporation in the host society. For example, for women, employment-based visas are very difficult to obtain. This is true even for many women who “support their families as heads of households by literally working day and night.” In part, this relates to the types of occupations that the law encodes as high-demand jobs. These occupations tend to be elusive for women, and the types of work typically performed by immigrant women are not adequately recognized in the current system. As a result, women who apply for permanent residence tend to rely on male relatives to petition for them in the legalization process. Because of additional structural barriers—such as access to education and skill acquisition in their countries of origin—women have fewer opportunities than men to apply as principal visa holders. 

Other problems identified by the study relate to the specific obstacles that women encounter when they seek protection through the Violence Against Women Act or petition for asylum. These hurdles range from burdensome and difficult-to-obtain paperwork (e.g. proof of abuse) to more structural issues concerning how “well-founded fear” of persecution is defined. In particular, the authors underscore that the standard interpretation of immigration and refugee law is based on male experiences and, therefore, does not adequately recognize the risks that women are exposed to in their home countries.

Moreover, the obstacles for women’s legal integration do not end with the petitioning phase. Even after a woman successfully begins the legalization process, it is sometimes difficult for her to secure employment outside the home because work authorizations often take a long time to be issued.

Reforms in immigration law that are currently being debated offer an opportune moment to address these issues. In particular, the recently introduced “Border Security, Economic Opportunity, and Immigration Modernization Act’’has raised concerns regarding the potential gender bias in some provisions.  For example, evidentiary requirements for different steps in the legalization process (e.g., continuous employment or proof of work requirements) may put women who work at home at a disadvantage. Similarly, the merit-based point system may not offer realistic avenues for immigration for caregivers or women from countries with few opportunities for human-capital acquisition. As the bill continues to be debated, these issues cannot be overlooked if achieving greater gender equality is a goal.

http://immigrationimpact.com/2013/05/29/will-immigration-reform-correct-the-immigration-systems-gender-bias/


Outrage after ICE officers detain undocumented immigrants bringing their kids to school

Posted on by Ruby Powers in citizenship, DREAM Act, education, Immigration Law Leave a comment

by Alessandra Hickson
1:22 pm on 10/20/2012

Members of the Latino community and immigration activists are calling for the resignation of the director of Immigration and Customs Enforcement in Detroit after officers stopped and detained two undocumented immigrants as they dropped their children off at school.
Both immigrants, from Mexico, were followed by agents from Immigration and Customs Enforcement as they left their homes in southwest Detroit on Tuesday morning. Both men had their children in their vehicles. One of the men, Jorge Hernandez, says he was pulled over by agents in unmarked cars just across the street from his four year-old daughter’s school. He claims he was threatened with arrest in front of his wife and son.
“I was very scared,” said Jorge through an interpreter to The Detroit News. “My children were saying, ‘Don’t take my dad away.’”
Hernandez and his wife went into the Manuel Reyes Vistas Nuevas Head Start Center and stayed there until members of the Alliance for Immigrations Rights & Reform Michigan were able to help them. The other man, Hector Orozco Villa, told immigrant advocates he was detained by agents near the elementary school of two of his children, Cesar Chavez Academy, a few blocks from the Head Start center. Orozco Villa remains in the agency’s custody. Parents and children in the predominantly Latino neighborhood were alarmed by the agents, according to the New York Times.
On Wednesday, more than 100 people from Latino and church groups, including Hernandez and state Rep. Rashida Tlaib, rallied outside the Cesar Chavez Academy on Waterman Street. Demonstrators called for ICE Enforcement Director Rebecca Adducci to resign.
According to The Detroit News, ICE national director John Morton pledged in October 2011 that agents would no longer patrol around schools or stop residents on their way to drop off or pick up their children. Parents and school officials feel that ICE has broken it’s promise.
“It is very alarming to me to have this happen during the rush hour of people taking their children to school,” said Rep. Tlaib to the New York Times. “We are really worried about the impact on these United States citizen children.” Many of the children of both Hernandez and Orozco Villa were born in the United States.
But ICE says they’ve done nothing wrong.
“After a thorough review of facts, the arrest of a priority target today in the Detroit metro area adhered to, and was in full compliance of, the stated policies and procedures of the agency,” said Ross Feinstein, a spokesman for the agency. “This includes ICE policy regarding enforcement actions at or near sensitive locations.”
According to immigration officials, Orozco Villa was arrested because of a criminal conviction in 2008 for driving under the influence and he had also returned to the United States after being formally deported, which is a felony.
For now, immigration activists and Latino residents continue to press for answers and dialogue.


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