How Unequal Immigration Enforcement Is Affecting Black Women’s Health—And Our Wallets

A Black female immigration attorney discusses the unspoken ways Black women are carrying the weight

As an immigration attorney, a proud “immigrant adjacent” wife—having successfully petitioned for her husband decades ago —and mother to two children with an immigrant father, Jamene Christian has a unique perspective on what’s happening in the country right now when it comes to immigration.

“Sadly, immigration laws, policies, and enforcement have veered away from the humanitarian approach of past administrations and congresses,” she says.

“Non-criminal high school students, college students, hardworking tax-paying mothers and fathers to U.S. citizen children, grandparents, and even children are being, in some cases, violently detained and removed from the U.S. in less than 72 hours,” she continues. “And, bear in mind, many of these undocumented people were actively going through the proper channels to legalize their status.”

As a Black immigration attorney married to a Black immigrant, one of the things Christian finds most concerning is how gender, race, income, and the “over-policing” of Black communities are leading to inequitable enforcement outcomes:

“I am bearing witness to unequal, Supreme Court-sanctioned ICE enforcement priorities and practices—that often overlook or ignore undocumented non-Black or non-Latino immigrants.”

Here, she shares her perspective on the challenges Black women and families face and offers advice for navigating the emotional, financial, and legal challenges.

What concerns are you hearing from undocumented Black women?

Many undocumented Black women who are married to U.S. citizen spouses or green card holders are in fear of being deported and separated from their spouses and U.S. citizen children. The uncertainty of not knowing if you will return home to your family at the end of the day causes many undocumented Black women, especially those living in counties, cities, and states where local and state police work with federal ICE agents, to limit unnecessary activities outside of the home. If they dare to drive, they make sure that their cars are in good repair—no broken taillights. And they have indefinitely postponed domestic air travel due to ICE at the airports.

I had one undocumented Black woman with a pending USCIS application reach out to me to get an opinion on whether she should attend her father’s funeral in California, 3,000 miles away from her home in New York City. She was afraid to fly, she did not want to risk driving for fear of a traffic stop, and she feared Amtrak because ICE agents can and do board trains to perform immigration checks. My professional advice to the grieving woman: attend via Zoom. Regrettably, her fears were valid.

You’ve witnessed firsthand how immigration is affecting Black women.

Black women often “carry the weight” of their families even though they have loving, supportive spouses in the home. That’s what women do. Now imagine the undocumented Black woman. Immigration laws and policies are changing almost daily. In spite of the legal uncertainties, the undocumented Black woman must continue to care for her family, continue to operate her business, or show up for work.

If it’s the Black woman who has lawful status and the partner who is out-of-status, if the partner is deported, it is the documented woman who will be left to raise the children and to provide financially for the family. The “carried weight” is also emotional and physical—having a negative bearing on women’s mental and physical health.

What about the financial burden immigration policies are placing on Black women?

Black women in mixed status families face a harsh financial reality: no or limited access to government safety net programs even though they may have U.S. citizen children who are eligible for financial assistance (because they don’t want to include their name on government paperwork); risk of financial workplace exploitation; or actual exploitation in their own home if the U.S. citizen spouse is financially abusive to the undocumented wife. Also, you have to factor in the cost of legal representation when attempting to legalize your status or defend against a deportation order.

What resources are available to help Black women navigate immigration issues?

There are organizations built specifically to support Black immigrants with legal help, emotional support, know-your-rights education, emergency planning, and community care. African and Caribbean churches provide not only spiritual support, but these churches also offer workshops where they invite immigrant attorneys to come in and offer pro-bono services to help Black undocumented people. Legal aid societies and volunteer lawyer associations offer low-cost or pro-bono immigration representation, and some private practice immigration attorneys offer compassionate and culturally sensitive pro-bono or sliding scale representation.

One trusted place that is Black-led and Black-centered is the Black Alliance for Just Immigration. There are also trusted organizations that provide support to all undocumented persons: the National Immigration Law Center and the Immigrant Legal Resource Center, to name two. Finally, there are online platforms like JustAnswer.com, where I am a verified Immigration Legal Expert. JustAnswer.com is an online platform that connects users with verified immigration lawyers for 24/7, anonymous, on-demand assistance via chat, phone, or email—where undocumented people can safely and anonymously have their pressing questions answered.