Gendered Laws: VAWA, IRCA and the Future of Immigration Reform

Article here. Excerpt:

'During my research in the undocumented community, I have spoken to a few undocumented men who are victims of domestic abuse. One man, who I call Pablo, explained to me that he was uncomfortable in his living situations with his citizen partner because she "has the power to deport me." While the relationship was not physically abusive, he talked at length about how she was "possessive." At times, when they disagreed, she would turn have the Internet or the cable turned off until he would defer to her; because she was a citizen and he was not, the bills were in her name and he could do nothing. He feared that if she got angry enough she could call the police and have him deported for simply disagreeing with her. As this continued, he became "afraid to argue with her."

The popular perception that domestic violence is a women's issue dissuaded Pablo, and likely other men, from perceiving this as abuse, let alone reporting it. As a result, VAWA serves to further support this gendered stereotype of domestic violence. While its statutes protect men, its name genders the law. In this case the law depends on an assumption that women are victims of domestic violence, ignoring the needs of men and the intersection of gender and legal status power relations that may play out within mixed status families.

While legislators have sought to pay attention to gender, highlighting the needs of undocumented women and children in abusive situations, focusing on women oversimplifies the situation and leaves out vulnerable undocumented men. This effectively limits VAWA's potential reach, as men, like Pablo, do not realize that they can avail themselves of it.'