Congress is considering a measure to empower local police to enforce immigration laws - a radical departure from the current system and a move that advocates for immigrants and victims of abuse warn is harmful and dangerous.

The Clear Law Enforcement for Criminal Alien Removal (CLEAR) Act was introduced in the U.S. House of Representatives in July as H.R. 2671. A similar bill is likely to be introduced in the Senate this month. Although proponents claim the bill would help enforce our nation's immigration laws, advocates for victims of violence against women say it would deter immigrants from reporting assaults and would put immigrant women and their children at great risk.

"The CLEAR Act is dangerous and irresponsible. If it becomes law, this bill would have disastrous consequences because it would jeopardize the safety of immigrant victims of domestic and sexual violence, sexual trafficking and other forms of violence against women," said Family Violence Prevention Fund (FVPF) President Esta Soler. "Congress should be searching for ways to help immigrant women and their children who face violence - rather than stripping them of protections that they need."

The CLEAR Act

The bill would give local police the authority to enforce civil immigration laws, undermining essential federal protections that were established under the Violence Against Women Act and the Trafficking Victims and Violence Protection Act of 2000. These protections were specifically designed to ensure that immigrant women would not have to fear deportation if they reported abuse or other violence to local law enforcement authorities.

The CLEAR Act was introduced in the House by U.S. Representative Charlie Norwood (R-GA). As of last month, it had 75 co-sponsors and had been endorsed by national law enforcement organizations including the National Sheriff's Association, the Law Enforcement Alliance of America, the Southern States Police Benevolent Association, and Friends of Immigration Law Enforcement. According to a press release issued by Congressman Norwood, the bill is designed to address, "America's criminal alien crisis." The news release says that the bill "focuses on fixing the problem - our immigration system that is chronically inefficient and unaccountable."

But advocates for immigrants' rights and victims of violence say the legislation will do nothing to reduce violence against women in immigrant communities or keep women and their children safe. Even with the federal protections, immigrant victims are less likely than citizens to report crimes or seek police protection because they fear they will be reported to federal immigration authorities and deported. Non-citizen women who are the victims of abuse often fear that their abusive partners will report them to immigration authorities if they contact law enforcement. The CLEAR Act has the potential to make immigrant women even less likely to seek the help and services they need, advocates say.

The CLEAR Act also would alienate immigrant communities from local law enforcement agencies, said FVPF Managing Director Leni Marin. "For years, advocates have worked to strengthen relationships between police and immigrant communities by sharing information about abuse and encouraging victims to report crimes. A local police department that enforces immigration laws will lose the trust of the community it should serve and protect," she added.

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