Lawyers Manual - Unified Court System

From Sex Trafficking to FGM: Emerging Issues 379
with daughters who have not yet been cut that FGM is a crime in the United
States and that they could be subjected to prosecution if they cooperate with the
practice of FGM. Be aware that opposition to the practice of FGM could put
your client at odds with the wishes of her husband and extended family and
could intensify any domestic violence. Mothers of uncut daughters who wish
to return to their FGM-prone home countries for a visit should be warned that
extended family members, often grandmothers and aunts, have been known to
take their granddaughters and nieces to be cut while their mothers are at a
family celebration.
If your client has survived FGM or if she or her daughter(s) are at risk of
the ritual upon return to their home country, they may be eligible for asylum.
In a landmark case the Second Circuit Court of Appeals granted a young woman
from Togo asylum after she fled Togo into first Germany and then the United
States to prevent her extended family from subjecting her to FGM. 28 More
recently mothers whose daughters were at risk of FGM if forced to return to
their home countries have won battles against deportation and for asylum. 29
Conclusion
Although representing immigrant victims of domestic violence poses unique
challenges that may require you to immerse yourself in legal areas and cultural
practices far outside your experience, it is also uniquely gratifying. You have the
ability to serve as a catalyst infinitely for the better in the lives of your immigrant
client and her children. Thanks to changes brought about by domestic violence
victim and immigrant rights advocates over the past decade, lawyers for
immigrant victims can pursue a wide array of remedies, from both the civil and
criminal court systems and immigration authorities, that can help their clients
move from violence, destitution, and fear to safety, stability, and selfconfidence.
In the process of serving your client, you may find that the tables
have been turned — that your client has become your guide and mentor, leaving
you with unforgettable lessons, not only about her culture and its practices, but
about courage in the face of overwhelming adversity and about survival.