Thread: Finally It Happens: New York City Lawyer Challenges VAWA...

Jim Peterson
Finally It Happens: New York City Lawyer Challenges VAWA in Federal Court
February 21, 2008 at 3:22 pm · Filed under Vox Populi


Federal lawsuit charges parts of the Violence against Women Act are unconstitutional.

Attorney Roy Den Hollander filed on February 14th, a suit in the U.S. Southern District Court of N.Y. attacking sections of the Violence Against Women Act (VAWA) and other U.S. statutes for violating the Constitutional rights of American men who marry alien females.

The defendants are the United States of America, U.S. Citizenship and Immigration Services and the Executive Office of Immigration Review, No. 08 CV 01521. Roy Den Hollander is the sole plaintiff. Hollander has also sued in a New York State court to have Ladies Nights declared discriminatory in New York City nightclubs and bars.

The VAWA infringes American mens rights to freedom of speech, freedom of choice in marital relationships, right of access to deportation proceedings, procedural due process, and equal protection under the law in violation of the First and Fifth Amendments to the United States Constitution. The unconstitutional statutes, enacted at the behest of the feminist lobby, create a fast track to permanent U.S. residency and citizenship for alien wives or ex-wives of American husbands whenever the alien female alleges abuse. Once she mentions the magic words -battery- or -extreme cruelty-, the Government institutes secret, -Star Chamber- immigration proceedings to determine whether the citizen husband is responsible, and, if yes, grants the alien female permanent U.S. residency. The American husband or ex-husband receives no notice of the proceedings, has no opportunity to defend his name, and the Government’s findings of abuse are based almost exclusively on what the alien female says. The feminist lobby created the statutes in order to deter American men from looking overseas for wives. If a marriage to a foreign wife does not workout, the alien female can falsely and opportunistically accuse her American husband of -battery- or -extreme cruelty- and he will have no opportunity to prove his innocence. The husband is barred from the proceedings that are conducted behind closed doors and any evidence that the Government might receive from him is discarded. So not only is the husband presumed guilty, but he is not even allowed to prove differently.

Hollander says -the feminists did not create these statutes out of bleeding hearts for alien wives but to intimidate American men into shopping at home for wives. He notes that, if an American wife accuses her husband of abuse, he at least gets his day in court and the abuse has to fit specific legal definitions. But under the VAWA, a husband can be found guilty of -battery- and -extreme cruelty- for anything from an -offensive- remark to felony assault.

While the VAWA would not send an American man to jail or fine him…not yet anyway, his rights are violated with impunity and his reputation destroyed. Both his alien wife or ex-wife and certain feminist groups can release what happened in the secret proceedings, and in New York State, the husband will have no recourse to a defamation, false light or prima facie tort cause of action no matter how false or harmful the accusations against him. Hollander says that even terrorists have more rights than American men accused of abuse by their alien wives.

So, he is fighting for our side??

Yes. If he wins his case, it could open the doors for victims of VAWA based immigration fraud to pursue similiar civil actions against the government and advocacy groups that facilitate immigration fraud. Maybe the government will close some of these immigration loop holes in response.