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Hands that Shape the World finds that immigrant women are among
the most vulnerable to exploitation, abuse, and human rights violations
in the U.S. Assessing the state of immigrant women in the five years since
the 1995 Fourth World Conference on Women in Beijing, China, this unprecedented
review of conditions for immigrant women finds that the U.S. government
has not only failed to protect the rights of immigrant women, but has
implemented new legislation negatively impacting the well-being, health,
employment, and family life of immigrant women.
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| Beijing+5
Women's Delegation meets with migrant women from Italy |
Hands
that Shape the World, first released as part of a U.S. immigrant women's
delegation to the "Beijing + 5" activities in New York City in June 2000,
is an important contribution to the process of assessing progress on the
Platform for Action set at the 1995 conference. Although the Beijing Conference
made important strides in promoting international standards for women's
rights, the particular challenges facing migrant women continue to be
ignored, both at the United Nations level and by the U.S. government.
The report urges the U.S. government to include immigrant women, including
the undocumented, within its commitment to expand the rights and opportunities
for all women in the U.S.
Hands
that Shape the World spotlights areas of critical concern for immigrant
women in the U.S. In many cases, these are concerns shared by all women,
especially poor women and women of color. But the report demonstrates
that issues of immigration status, citizenship, language, and other factors
distinguish immigrant women and are significant barriers to equality and
enfranchisement. In addition, it finds that the devastating impacts of
immigration and welfare reforms implemented in 1996 pose a severe threat
to many of the rights and protections for all women outlined in the Beijing
Platform.
Hands
that Shape the World is based on immigrant women's testimony and accounts
of the impacts of welfare and immigration reform collected and compiled
by the National Network for Immigrant and Refugee Rights, which conducted
a comprehensive review of existing reports and assessments of reforms
to U.S. immigration and welfare policy. Participating organizations in
the delegation of U.S. immigrant women attending the Beijing +5 activities,
as well as a number of other immigrant women's groups and advocacy organizations,
contributed to key sections of the report.
Key Findings
Hands that
Shape the World finds that:
- Women
constitute over half of all new immigrants coming to the U.S. each year
- part of a growing population of over 50 million women migrants worldwide.
- The migration
of women is often a response to the negative impacts of economic globalization.
Women in developing countries have been hard hit by the impacts of structural
adjustment programs, political instability, civil strife, ethnic and
religious tensions, and depletion of resources.
- Once in
the U.S., immigrant women face particular obstacles as workers due to
immigration status, language, or citizenship, in addition to factors
of discrimination based on gender and/or race.
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| Beijing+5
Women's Delegation meets with migrant women from Italy |
- Immigrant
women often lack adequate health care both for economic reasons, as
well as for fear of losing immigration status or being deported for
accessing public health programs.
- The 1996
welfare legislation in the U.S. especially undermined the economic well-being
of poor immigrant women and their families by eliminating or undercutting
access to benefit programs for those in need. For example, many welfare-to-work
programs fail to address issues of English language proficiency, access
to training, childcare, and transportation that are necessary for many
women to move into the workforce.
- Immigrant
women are increasingly subjected to human rights violations by Border
Patrol agents and other immigration officials. Following the passage
of the 1996 Illegal Immigration Reform and Immigrant Responsibility
Act (IIRIRA), the number of women held in dehumanizing detention facilities
has grown, as have violations of basic human rights standards for women
held in immigration service custody.
- Immigrant
women are more vulnerable to workplace abuse and exploitation by laws
such as employer sanctions and IIRIRA that have effectively criminalized
those without legal immigration status.
- IIRIRA
closed off opportunities for legalization of status and added to the
confusion and fears of battered immigrant women, who have become more
reluctant to report abuses or access avenues for legalization without
the sponsorship of an abusive spouse.
- The global
trafficking of immigrant women and children is increasingly a significant
concern in the U.S., with government estimates of some 50,000 women
trafficked to the U.S. each year. Migrant victims of trafficking abuse
and exploitation have few legal recourses; they themselves are often
tagged as the criminals, detained, prosecuted, and deported.
- Some gains
have been made in accessing political asylum for immigrant women facing
gender-based persecution. However, greater restrictions to the asylum
application process have generally made the process more difficult for
newly-arrived women.
- Lesbian
women still face many hurdles to legal migration, and thus are more
vulnerable to exploitation, discrimination, and family separation.
- Immigrant
girls in the U.S. face many of the same obstacles to rights and to linguistically
and culturally appropriate services as immigrant women.
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| NNIRR
Staff at Beijing+5 Women's Delegation |
Recommendations:
A platform which addresses the rights of immigrant women must consider the
detrimental role of immigration policy, and must make strategic commitments
to alleviate the complex conditions which compel women to migrate for survival.
Hands that Shape the World offers the following recommendations as a
starting point for governmental and non-governmental bodies, to address
the issues and conditions of immigrant women in the U.S.:
For the U.S. government:
- Bring
women out of the shadows. Repeal "employer sanctions," which has increased
discrimination in hiring, undermined union organizing efforts, and made
women workers more vulnerable to exploitative employers.
- Legalize
migrant women's work. Provide fast and equitable avenues for legalization
for the undocumented.
- End human
rights violations. Improve complaint process, monitoring, documentation
and prosecution of rights violations.
- Protect
family unity. Uphold the principle of family unity, and remove obstacles
to relief for deportation and adjustment of status for immigrant women.
- Address
the needs of immigrant women in poverty. Provide universal access to
health care, food stamps and other benefits for women in need. Enforce
labor standards, and raise wage and benefit levels.
The report further recommends that the U.S.:
- Ratify
the 1990 UN Convention on the Protection of Rights of All Migrant Workers
and Members of Their Families
- Support
participation and attention to the 2001 World Conference Against Racism,
Xenophobia, and Related Forms of Intolerance, including a critical focus
on migrant women's issues and the intersection of racism and xenophobia
in the U.S.
For NGOs working on migrant and women's issues, the report recommends:
- Support
organizing and leadership of immigrant women and girls in the U.S.
- Foster
collaboration of academics and researchers to address the data gaps.
- Challenge
anti-immigrant sentiment and the criminalization of immigrant women.
- Centralize
a platform of racial justice for all women
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