Fact Sheet Hawke v DHS VAWA Confidentiality Case Law

A summary of the decision in Hawke v. Department of Homeland Security, a case of first impression on the issue of VAWA confidentiality. This was a case in which a victim filed a VAWA self-petition and then gained legal immigration status through another form of immigration relief. The victim’s abusive husband sued DHS to obtain the victim’s immigration case file. The Hawke court held that VAWA confidentiality applies in the case of any victim who has filed a VAWA confidentiality protected case when the case was not denied on its merits. The Hawke court also found that VAWA confidentiality protections are Constitutionally valid and not subject to 6th Amendment challenge.