Article by Monika Batra Kashyap
In the United States, a recognition of the unique vulnerabilities of immigrant women survivors of domestic violence has led to the passage of a series of federal immigration provisions over the past thirty years that are designed to protect such survivors. These provisions are the battered spouse waiver, the VAWA self-petition, and the U-Visa. However, if a survivor ever engaged in suicidal behavior as a result of the trauma and violence she suffered, she can be excluded from the protection of these provisions and subjected to deportation under section 212(a)(1)(A)(iii) of the Immigration and Nationality Act (INA), which excludes immigrants based on mental health grounds. This Article argues that this heartless enforcement of INA section 212(a)(1)(A)(iii) against immigrant survivors shamelessly contravenes congressional intent by penalizing, stigmatizing, and retraumatizing them. The Article shows how such enforcement disregards authoritative scientific evidence, weaponizes mental health evaluations, reveals stark inconsistencies within immigration law, and tragically undermines national suicide prevention efforts. The Article concludes with a proposal for statutory reform that would bring INA section 212(a)(1)(A)(iii) into alignment with the intent of legislation rooted in compassion for immigrant survivors of domestic violence given the unique barriers they face.
About the Author
Monika Batra Kashyap. Visiting Clinical Professor at Seattle University School of Law. J.D., U.C. Berkeley School of Law.
Citation
95 Tul. L. Rev. 51 (2020)