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. Hawke was awaiting trial on misdemeanor battery against his wife and he asked the court to review the Department of Homeland Security’s (DHS) denial of his request to produce his wife’s immigration records. The court held that VAWA confidentiality applies to any petitions filed by the wife, the assault victim. 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. While defendant’s Sixth Amendment right to Compulsory Process permits him access to some information held by the government, it does not permit him to receive absolutely privileged information like any records held by DHS in this case (Sep. 29, 2008).
National Immigrant Women's Advocacy Project