Experts in Gender-Based Violence Share Real-Life Examples of Harms Expanded by H.R. 29/S. 5
WASHINGTON, DC- The Laken Riley Act (H.R. 29/S. 5) is under consideration in the U.S. Senate. But survivors of intimate partner violence, sexual assault, and other gender-based harms have not been properly consulted, nor have the concerns they’ve voiced been listened to. Experts in combating gender-based violence are calling for lawmakers to stop using the problem of violence against women to enact their anti-immigrant agenda.
Speakers at a press webinar on January 13, 2025 explained the real-world implications of this fatally flawed bill, and called on lawmakers to advance true solutions to gender-based violence in the United States.
Watch a recording of the webinar and read Tahirih Justice Center’s new backgrounder, “The Harmful Impact of S. 5 on Survivors of Gender-Based Violence.”
Said Stephanie Love-Patterson, President & CEO of the National Network to End Domestic Violence, “Though framed as a bill to protect women from violence, this legislation does not confront the root problem of gender-based violence. Instead, it imposes harmful immigration restrictions that put survivors at risk while giving abusers more tools for control. If passed, this bill would not only embolden abusers and deepen the climate of fear already faced by immigrant survivors, it would also make them less likely to seek help from authorities, fearing retaliatory accusations that could lead to detention. This bill represents a step backwards for survivors.”
Cindene Pezzell, Director of the Defense Center for Criminalized Survivors, with the Battered Women’s Justice Project, explained, “Criminalized survivors are people who end up charged or convicted of crimes, not just in spite of their experiences of being abused, but oftentimes because of them. Victims who engage in illegal acts, such as theft or other economic crimes, often do so because their abusers literally force them to. Many criminalized survivors are one phone call away from being locked up again, and are that much more vulnerable to coercion and control by their abuser. The more vulnerable a victim is to arrest, the more vulnerable they are to their partner’s ability to leverage court systems against them. In our experience, this is one of the reasons why Black and brown girls and women are disproportionately victimized by both their abusers and the legal systems that are supposed to be protecting them.”
As Hannah Shapiro, Supervising Attorney with the DV Immigration Project, Immigration Law Unit at Legal Aid Society (NY) further explained, “The Laken Riley Act will add real teeth to an abuser’s threat to have a survivor arrested and deported as a tool of power and control. Driven deeper into the shadows, immigrant survivors will be vulnerable to increased abuse and exploitation. Mandatory detention will rip them from their communities and children, make obtaining legal counsel nearly impossible, and ultimately lead to more survivors of domestic violence, trafficking and gender-based violence being deported despite eligibility for VAWA relief.”
Yasmin Campos-Mendez, Public Policy Manager with Esperanza United (MN) and co-chair of the Alliance for Immigrant Survivors, said: “While we honor Laken Riley’s memory and seek justice for her tragic loss, the Laken Riley Act could inadvertently harm the very people it aims to protect. This legislation would allow abusers to weaponize the immigration system against survivors, potentially subjecting them to indefinite detention for mere accusations of petty offenses. We must create policies that truly enhance safety for all, not ones that perpetuate cycles of abuse and trauma.”
Casey Carter Swegman, Director of Public Policy at the Tahirih Justice Center and co-chair of the Alliance for Immigrant Survivors concluded, “Laws written in response to someone who has been failed by our systems of safety and protection, and our global culture of misogynistic violence, should address the true problem. This legislation fails to reckon with a global culture that tolerates and perpetuates violence against women and girls. Instead, it puts immigrant survivors at risk of prolonged, indefinite detention without bond — which would likely lead to deportation — based merely on allegations of petty offenses made by their abusers.”
Campos-Mendez of Esperanza United (MN) and the Alliance for Immigrant Survivors also said, “The Laken Riley Act could tear families apart, causing severe and long-lasting trauma for both children and parents. Detention not only traumatizes survivors but also their children, potentially for life. We must create policies that protect families, not separate them under the guise of public safety.”
Tahirih Justice Center also published a new backgrounder, “The Harmful Impact of S. 5 on Survivors of Gender-Based Violence.” According to the piece, “Domestic abusers often threaten to have their victims arrested for crimes they didn’t commit in order to control, isolate, and terrify them. Some force or ‘groom’ victims to commit crimes under duress, and even have them arrested for abuse they themselves inflict.” The backgrounder highlights the experiences of women incarcerated on New York’s Rikers Island, as well as other examples.
Resources
Recording: “Experts in Gender-Based Violence Speak Out Against H.R. 29/S. 5,” National Network to End Domestic Violence, Battered Women’s Justice Project, Esperanza United (MN), Legal Aid Society (NY), Alliance for Immigrant Survivors, and Tahirih Justice Center, January 2025
“The Harmful Impact of S. 5 on Survivors of Gender-Based Violence,” Tahirih Justice Center, January 2025
“Tahirih Justice Center denounces H.R. 29, and the culture of violence against women,” Tahirih Justice Center, January 2025
“Social posts target Democrats’ vote on migrant offenders bill. Here’s why they say they opposed it.” Politifact, January 2025.
“AT RISK, AGAIN: Protections for Immigrant Survivors of Gender-Based Violence Should be Expanded, Not Ended,” Tahirih Justice Center, December 2024
