Speech #1090073404

The simple problem with the amendment. although well intended. is that it would also apply to some victims of domestic violence as well as the abusers. Victims sometimes have conviction records for minor domestic violence offenses because police who arrive at the scene of a dispute charge both parties with violent offenses. even though it may later become clear that one party is just a victim. not an abuser. In addition. battered immigrant women who are arrested sometimes receive bad legal advice and are often likely to take a plea offer even when they did nothing wrong. These victims should be exempted from the effects of this amendment. and because they are not. I reluctantly oppose the amendment. Mr. Chairman. I support the intent of the gentleman from Iowas amendment. which is to ensure that persons who have been convicted of certain types of abuse be prevented from sponsoring the immigration of family members whom they may. in turn. abuse. However. while noble in its intent. this amendment is overiy broad and could have serious. negative. unintended consequences on innocent immigrants. as it is currently drafted. First. the amendment makes no distinction as to the degree of the crime or rehabilitation of the offender. A person with a 30yearold misdemeanor conviction of assault who has successfully completed a domestic violence rehabilitation program. has no further domestic violence convictions and has no other record of violent crime is barred from sponsoring tamily members just as an abuser with a string of domestic violence convictions culminating in the murder of his wife would be barred.