Cazorla v. Koch Foods of Mississippi, (October 22 2015) United States Court of Appeals, 5th Circuit. NIWAP, represented by Procopio, Cory, Hargreaves & Savitch, LLP, Arnold and Porter, Latino Justice PRLDEF, was the lead Amicus in the first case to reach the U.S. Courts of Appeals on the (VAWA) immigration confidentiality protections. In this workplace sexual assault case brought by the EEOC the employer is attempting to obtain through civil court discovery receive copies of and/or information contained in victim workers’ U visa cases filed with the U.S. Department of Homeland Security that under federal law are to receive VAWA confidentiality protection.
Legislative History > VAWA 2013 Legislative History
Topic: VAWA 2013 Legislative History
Materials regarding VAWA 2013.
[pdf] Equal Employment Opportunity Commission v. Koch Foods 5th Circuit (October 22 2015) (+)
Equal Employment Opportunity Commission v. Koch Foods. NIWAP Inc. collaborated with Latino Justice, the law firms of Arnold and Porter and Procopio, and Legal Momentum to submit an amicus brief to the 5th Circuit Court of Appeals in an interlocutory appeal of a Federal District Court decision to allow an employer who employed supervisors who perpetrated rape, sexual assault, felonious assault, extortion, sexual harassment and other discrimination against workers to use civil court discovery in an EEOC enforcement action to obtain copies of the victim’s VAWA confidentiality protected U visa case files. The brief provided legislative history of the VAWA confidentiality provisions and the U visa and discussed the public policy effects on victims of domestic violence, sexual assault, human trafficking and other crimes if discovery of VAWA confidentiality protected information is allowed in civil cases. (October 22, 2015)
[pdf] BIA Amicus Invitation and Amicus 2016-0609 (September 1 2016) (+)
BIA Amicus Invitation 2016-0609 Amicus Curiae Brief of National Immigrant Women’s Advocacy Project and The Lutheran Immigration and Refugee Service submitted this amicus brief to the Board of Immigration Appeals discussing the brain development and neuroscience of how having experienced or witnessed trauma impacts the brain development of children and adolescents. The brief argues that in cases of child asylum applicants’ waivers of the one-year deadline based on extraordinary circumstances must be presumed for children under the age of 21. The brain science also supports waivers of the deadline for older youth in their 20s who can demonstrate based on the totality of the circumstances of their case and the impact of the trauma they suffered on their lives that they meet the extraordinarily circumstances test. (Crowell and Moring: September 1 2016)
[pdf] Reina Victoria Rodriguez-Ramirez v. William P. Barr Motion and Amicus US Court of Appeals 5th Circuit (August 16 2019) (+)
Reina Victoria Rodriguez-Ramirez v. William P. Barr. NIWAP filed an amicus curiae brief in the 5th Circuit Court in Texas. The brief discusses how incest relationships qualify as a domestic relationship and how laws of domestic violence should apply. Baker and McKenzie LLP. (August 16, 2019)
[pdf] Hawke v. Department of Homeland Security, the United States District Court for the District of Northern California (May 23 2008) (+)
Hawke v. Department of Homeland Security, the United States District Court for the District of Northern California (September 29, 2008). Filed an amicus brief discussing the history and purpose of VAWA Confidentiality created in 1996 (expanded in 2000 and 2005) as Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). In this case of first impression, the Court clarified that VAWA confidentiality provisions protect victims filing for VAWA immigration relief even if the case is ultimately denied when such denials were not based on the merits. Procedural denials or withdrawals of applications continue to receive the full scope of VAWA Confidentiality eligible protection. (Morgan, Lewis, Pro Bono)
[pdf] In the Matter of M.A. (March 23 2020) Board of Immigration Appeals (+)
In the Matter of M-A. (2020) Brief filed with the Board of Immigration Appeals. NIWAP was lead amicus in an appeal to the Board of Immigration Appeal in a case of first impression challenging an Immigration Judge’s denial of VAWA cancellation of removal to an LGBTQ+ immigrant victim of spouse abuse who suffered multiple VAWA confidentiality violations including Immigration and Custom’s Enforcement informing the court they planned to call the perpetrator as a witness, submitting an affidavit by the perpetrator that the immigration judge relied upon to deny the victim VAWA cancellation of removal, the immigration court failing to remove the victim’s case from the publicly available computer system and numerous other VAWA confidentiality violations. The brief provided detailed legislative, regulatory and policy history on VAWA confidentiality and discussed each of the numerous VAWA confidentiality violations occurring in this case by Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, the immigration judge and the immigration courts. (March 24, 2020)
[pdf] Birru v. Wilkinson 9th Circuit Court of Appeals (January 22, 2021) (+)
Aylaliya Assefa Birru v. Barr (January 11 2021) 9th Circuit Court of Appeals. NIWAP, represented by
Baker McKenzie, is lead amicus in a brief on behalf of an immigrant domestic
violence victim who is seeking relief under the Violence Against Women Act’s domestic violence victim
waiver in her VAWA cancellation of removal case. The Board of Immigration Appeals and the
immigration judge denied her the ability to present evidence of waiver eligibility.
[pdf] H.R. 5331 112th Congress The Violence Against Immigrant Women Act of 2012: Section-by-Section (June 5, 2021) (+)
On May 7th, 2012, Representative Jan Schakowsky introduced The Violence Against Immigrant Women Act of 2012 in the 112th Congress, 2nd Session, HR 5331. HR 5331 is a bill that contains a myriad of legislative provisions that, if enacted as law, would dramatically improve legal protections for immigrant women and children who have been victims of domestic violence, child abuse, sexual assault, stalking, human trafficking, child abandonment, child neglect or a range of other violent crimes committed against them in the United States. HR 5331 was designed to include provisions that addressed a wide array of statutory reforms that benefit immigrant and other survivors to be potentially included in VAWA 2013. Some of the provisions contained in HR 5331 became law as part of the Violence Against Women Act of 2013, however, since VAWA 2013 became a narrower bill than originally envisioned, many of the statutory protections contained in HR 5331 were not enacted and should be included in future violence against women legislation.
[pdf] Statement of Administration Policy: House Rules Committee VAWA Reauthorization 2013 (February 26, 2013) (+)
A statement of administration policy in regards to the Violence Against Women Act of 2013 to the House Rules Committee includes a veto threat, should the House pass a version of VAWA 2013 amendments that roll back any provisions of VAWA that were already in place.
February 11, 2013: SPSSI Congressional Briefing
Briefing for congressional staffers on issues related to the Violence Against Women Act. Recording of the February 11, 2013 briefing—length approximately 1 hour:
[pdf] VAWA 2013 VAWA Confidentiality Amendments (+)
Section 1367 interlineated with VAWA 2013 amendments.
[pdf] Social Science Research Documents the Need for VAWA Self-Petitions and U-Visas (+)
This report presents important research-based information about how and why VAWA’s immigration protections, self-petitioning, U and T-visas, and VAWA protections from deportation are essential to protect immigrant victims of domestic violence, rape, sexual assault, human trafficking, and other violent crimes suffered by non-citizen women and children in the United States.
[pdf] Stories from the Field (+)
This collection of stories was developed to illustrate the harms to immigrant victims of domestic violence and sexual assault that would occur if proposed changes in the immigration protections offered under VAWA and U visa immigration relief were rolled back. Provisions in the House VAWA Reauthorization of 2012 proposed to make significant changes to the U visa program that would cut off U visa access for many victims, would end U visa lawful permanent residency protections, and would impose case processing changes that would endanger victim safety. This storybook contributed to President Obama issuing a veto threat of legal protections currently available in law were rolled back in VAWA 2013 for any victims. The stories illustrate how victims will be harmed if access to lawful permanent residency for u visa victims is denied; why U visa holders need lawful permanent residency, U visa case benefits for victim safety and law enforcement even when no criminal case is opened or pursued; and Perpetrator Interference With Victim Access to VAWA Immigration Relief.
[pdf] VAWA IV Researcher Perspective on Domestic Violence and Sexual Assault (+)
A memo regarding important research based information about how the provisions in HR 4970 roll back and eviserate the victims of domestic violence, rape, sexual assault, human trafficking, and other violent crimes suffered by non-citizen women and children in the United States.
[pdf] The Continued Importance of the Violence Against Women Act (+)
A hearing discussing the Violence Against Women Act.
[pdf] CRS: Violence Against Women Act: History and Federal Funding (January 10, 2008) (+)
The Consolidated Appropriations Act for FY2008 (PL 110-161) provided total funding of $525.47 million for violence against women programs. The act provided $400 million for VAWA programs administered by DOJ. It also provided $125.47 million for battered women’s shelters and the national domestic violence hotline which are both administered by HHS. This reflected the mandated 1.747% spending cut for the Departments of Labor-HHA-Education. The total FY2008 budget request for VAWA programs was $54.28 million ($370 million and $176.28 to DOJ and HHS, respectively). The Revised Continuing Appropriations Resolution (PL 110-5), provided total FY2007 funding of $558.92 million ($382.57 million and 176.35 million for DOJ and HHS, respectively.)
[pdf] CRS: Violence Against Women Act: History and Federal Funding (October 31, 2007) (+)
On Oct. 16, 2007, the Senate passed version HR 3093, the Commerce Justice-Science (CJS) Appropriations Act, which provided funding of $419 million for VAWA programs under DOJ compared to funding of $459 million for these programs in the House-passed bill. The Senate adopted an amendment that would provide total funding for three VAWA programs as follows: $60 million for grants to encourage arrest policies, $4 million for grants for engaging men and youth in prevention programs, and $1 million for the National Resources Center on Workplace Responses.
On Oct. 23, 2007, the Senate passed its version of HR 3043, the Departments of Labor, Health and Human Services and Education, and Related Agencies Appropriations Act for FY2008, which would provide funding of $127 million for grants for the battered women’s shelters program and $3.20 million for the national domestic violence hotline program. The House-passed bill would provide funding of $134.73 for battered women’s shelters and $2.97 million for the national domestic violence hotline.
[pdf] CRS: Violence Against Women Act: History and Federal Funding September 19, 2007) (+)
On July 26, 2007, the House passed HR 3093, the Commerce, Justice, Science and related Agencies Appropriations Act, which provided FY2008 funding of $459 million for VAWA programs in DOJ. Three amendments were adopted during floor debate that increased VAWA funding $29 million above the level recommended by the Appropriations Committee. An amendment introduced by Representative Capito sought to provide a $10 million increase in funding for the Rural Domestic Violence and Child Abuse Enforcement program, for a total of $50 million. Representative Inslee sponsored an amendment that sought to provide an additional $14 million for the Office on Violence Against Women, of which $6 million was to be for services to advocated for and respond to youth, $6 million was to be used to assist children and youth exposed to violence, $1 million for research relating to violence against Indian women, and $1 million for the national tribal sex offender registry. An amendment introduced by Representative Reichert would provide $5 million for the court training and improvements to respond to victims of violence program. The sponsors of these amendments provided spending reductions in other accounts in order to maintain the total spending for the bill.
On July 19, 2007, the House pass HR 3043, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act for FY2008, which provides $2.97 million for the national domestic violence hotline and $134.73 million for the battered women’s shelters program.
Both the House and Senate Appropriations Committees rejected the DOJ’s proposal to consolidate VAWA programs into one competiteve discretionary grant program with funding of $370 million.