Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland (June 13 2023) US District Court of Rhode Island. NIWAP, represented by Crowell and Moring, led an amicus brief that was joined by Harvard Law School professors and clinics, the ACLU, the Rhode Island Coalition Against Domestic Violence, and all of the major women shelters in Rhode Island. This brief argued that USCIS had misinterpreted VAWA 2000 amendments that were designed to allow VAWA self petitioners to divorce, file their self petitions, and after filing remarry with no impact that would lead to denial of the application. In this case an immigrant for self petitioner remarried year and ½ after filing but before her self-petition case was approved and USCIS revoked or approved self petition. Amici won a motion to reopen the District Court’s denial of the self petitioner’s case and the trial will proceed on the merits. Map is being represented in this case by Crowell and Moring.
Topic: Legislative History
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[pdf] Souratgar v. Fair (February 18 2013) 2nd Circuit Court of Appeals (+)
Souratgar v. Fair (February 18 2013) 2nd Circuit Court of Appeals. NIWAP and others, represented by Greenberg and Trauri, participated in an amicus in a Hague Convention international custody case with Sanctuary for Families in New York. The amicus address domestic violence and immigration related abuse and provided social science research and legislative history documenting the dynamics of domestic violence experienced by immigrant victims, particularly immigration related abuse as well as research and Congressional Resolutions on the effect that witnessing a domestic violence has on children.
[pdf] Romain v. Napolitano (March 16 2012) United States District Court (+)
Romain v Napolitano (March 16 2012), U.S. District Court, Eastern District of New York. NIWAP, represented by Morgan, Lewis and Bockius, served as lead amicus in the first VAWA Confidentiality appeal of denial of a criminal court discovery order. This was a case in which a domestic violence perpetrator who was being prosecuted for domestic violence sought discovery under Brady and W.M.V.Crio of the VAWA confidentiality protected VAWA self-petition immigration case filed by his battered immigrant spouse. The perpetrator of spousal rape subpoenaed the
victims VAWA self-petition case from the U.S. Department of Homeland Security. The Federal District Court ultimately denied the subpoena and discovery of the self-petition file by the criminal defendant
spouse.
[pdf] Cazorla and EEOC v. Koch Foods of Mississippi US Court of Appeals 5th Circuit (October 22 2015) (+)
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.
[pdf] United States v. Dixon U.S. Supreme Court (December 2 1992-June 28 1993) (+)
United States V. Michael Foster (United States v. Dixon, 598 A.2d 724, 725 (D.C. 1991), cert. denied, 112 S. Ct. 1759 (1992), aff’d in part and rev’d in part, 113 S. Ct. 2849 (1993) Filed an amicus brief in the Supreme Court of the United States as the organization that serves as counsel for the domestic violence victim in the underlying protection order contempt proceeding that resulted in an over 600 day sentence for multiple counts of contempt of a civil protection order. The Brief argued that victims could constitutionally enforce their protection orders without undermining the ability of the state (in this case the United States) to bring criminal charges against the domestic violence perpetrator that included numerous assaults and assault with a deadly weapon. The Supreme Court upheld the right of a victim to enforce her protection order without barring criminal prosecution by double jeopardy as long as the contempt proceeding and the criminal prosecution each require proof of additional elements under the Blockburger “same elements” test.
[pdf] Harrison v. Harrison, Kentucky, Fayette Circuit Court 3rd Division (February 11 2002) (+)
Harrison v. Harrison, Kentucky, Fayette Circuit Court 3rd Division (2002) Amicus Brief explaining misuse of protection orders to penalize victims and discourage them from seeking legal relief, “mutual” protection orders as contrary to public policy, and the safety of DV victims as directly related to batterer responsibility enforced in the legal system. (Wiley, Rein & Fielding, Pro Bono)
[pdf] Marriage of David M. Salcido and Irina N. Salcido Arizona State Court of Appeals (August 24 2004) (+)
In Re the Marriage of David M. Salcido and Irina N. Salcido, Case No. 20023590 before the Arizona Court of Appeals. (2004) Filed an amicus brief in support of overturning a grant of annulment in favor of an abusive spouse who sought an annulment after a five year marriage in order to deny the victim-wife VAWA immigration status. (Crowell and Moring, Pro Bono).
[pdf] Meredith v. Muriel K&L Gates Supreme Court of the State of Washington (July 17 2009) (+)
Meredith v. Muriel, Supreme Court of the State of Washington, (2009). Submitted two amicus briefs one on behalf of Legal Momentum and a second on behalf of the National Network to End Violence Against Immigrant Women in a case in which an abuser appealed the issuance of a protection order containing a prohibition against the abuser communicating with the Department of Homeland Security regarding his wife. One brief (K & L Gates, Pro Bono) provided social science documentation of the harm to victims and the lethality of immigration related abuse and discussed the history and purpose of VAWA confidentiality protections.
[pdf] Kumar v. Kumar California Court of Appeals (September 26 2016) (+)
Kumar v. Kumar (California Court of Appeals) NIWAP served as sole amicus in a case in which a California state family court judge imposed the duty to mitigate that applies in contract cases and alimony cases to an immigrant spouse, in this case a battered immigrant spouse, seeking to enforce the Affidavit of Support her husband signed with the U.S. Department of Homeland Security when he sponsored her to attain legal permanent residency status. The brief cited case law from other states and law review articles discussing current state family court practice allowing immigrant spouses to enforce affidavits of support in family court cases. The brief provided legislative history and social science data supporting the position imposing a duty to mitigate undermines the legislative purpose of the Affidavit of Support and in the case of battered immigrant spouses the Violence Against Women Act. (Crowell and Moring: September 26, 2016)
[pdf] Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona (June 11 2010) (+)
Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’s, violence against women’s and allied organizations joined the brief which demonstrated how SB 1070 interferes with federal protections for immigrant crime victims; cuts immigrant women and their children off from federally provided services necessary to protect life, health and safety, and harms children by depriving them of the care and nurturing of their mothers through detention leading to family separations. The Mexican Consulate translated this brief and is distributing it in Spanish. (Manatt, Phelps, and Phillips, Pro Bono)
[pdf] European Connections & Tours, Inc. v. Gonzales (April 24 2006) (+)
European Connections & Tours, Inc. v. Gonzales, (2006) Developed amicus brief and assisted the U.S. Attorney General in a motion to dismiss a 1st Amendment challenge to the collection of data on male clients for prospective brides and 5th Amendment Equal Protection challenge to regulation of for-profit or majority for-profit but not cultural or religious International Marriage Brokers. (Crowell and Moring, Pro Bono).
[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] Maria Luisa Rodriguez Tornes v. William P. Barr US. Court of Appeals 9th Circuit (October 18 2019) (+)
Maria Luisa Rodriguez Tornes vs. William P. Barr (2019) US. Court of Appeals 9th Circuit. NIWAP led an amicus brief with DLA Piper for a case filed in the 9th Circuit discussing how domestic violence victims are able to receive gender-based asylum because they domestic violence they experience is based on their social group membership. NIWAP’s brief documented the cultural, religious and social conditions that domestic violence victims suffer that serves as a valid basis for domestic violence related gender based asylum. This brief provided the social science support for a Tahirih Justice Center case challenging the Attorney General Sessions Justice Department position on domestic violence related gender based asylum cases. (October 19, 2019)
[pdf] United States V. Luciana Moreno-Lopez; (June 7 2010) United States District Court, Eastern District of Chattanooga (+)
Amicus brief in a case in which undocumented workers had been victims of extortion, when the workers complained to EEOC and the Department of Labor the employer retaliated by triggering the employees detention by the Department of Homeland Security.
The workers filed and received U-visas as victims of extortion despite this fact, the U.S. attorney brought charges
against the workers for document fraud. This amicus brief, filed in the employees’ criminal case, described the
history and purpose of the U-visa as humanitarian relief and a tool for law enforcement.
[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)
[msword] Perales-Cumpean, Amicus Brief Board of Immigration Appeals, U.S. Court of Appeals 10th Circuit (October 16 2003) (+)
Perales-Cumpean, A76 386 969, Board of Immigration Appeals (2001), U.S. Court of Appeals 10th Circuit (2003). Amicus brief discussing the any credible evidence standard and the definition of battery or extreme cruelty in an immigrant victim’s Violence Against Women Act suspension of deportation case (National immigration Project of the National Lawyers Guild, BIA, Arnold and Porter, Pro Bono 10th Circuit)
[pdf] Aguilar-Jimenez Board of Immigration Appeals (2002) (+)
Aguilar-Jimenez, Board of Immigration Appeals (2002). Amicus brief discussing the “extreme cruelty” and “extreme hardship” standards in the context of requests for suspension of deportation under VAWA, specifically that extreme cruelty includes the psychological and emotional abuse imposed on a child who is forced to watch as a parent is battered by another parent. (Crowell and Moring Pro Bono)
[pdf] Obiaga and Berrocal v. Ashcroft, (2005) U.S. Court of Appeals 9th Circuit (+)
Obiaga and Berrocal v. Ashcroft, U.S. Court of Appeals 9th Circuit (2005). Amicus brief discussing any credible evidence rules and extreme cruelty in VAWA Cancellation of Removal cases. (National Immigration Project of the National Lawyers Guild).
[pdf] Kewan, U.S. Court of Appeals for the 9th Circuit (2005) (+)
Kewan, U.S. Court of Appeals for the 9th Circuit (2005). Amicus brief discussing research data and the dynamics of domestic violence against male victims and VAWA’s gender neutrality offering protection to both male and female victims. (Northwest Immigrant Rights Project)
[pdf] Sanchez v. Gonzalez, Amicus Brief U.S. Court of Appeals for the 7th Circuit (November 8 2006) (+)
Sanchez v. Gonzalez, U.S. Court of Appeals for the 7th Circuit (2006). Amicus brief discussing the Violence Against Women Act’s legislative history and purpose and the special motion to reopen provisions designed for immigrant victims filing VAWA cancellation of removal cases. The trial court and BIA failed to offer Sanchez access to VAWA’s motion to reopen provisions. Additionally, Sanchez’ trial counsel was unfamiliar with VAWA’s special rules and provided Ms. Sanchez with ineffective assistance of counsel. (K&L Gates, Pro Bono).
[pdf] Ramirez Amicus Brief in Support of Appeal, Board of Immigration Appeals (January 26 2007) (+)
Ramirez-Avila, Board of Immigration Appeals (2007). Amicus brief discussing the Violence Against Women Act’s lesser extreme hardship standard and the approach to be taken in VAWA cancellation of removal cases with regard to good moral character. (Arnold and Porter, Pro Bono).
[pdf] Cabezas (2010) US Citizenship and Immigration Service Administrative Appeals Office (+)
Esteban Cabezas is an appeal to the United States Citizenship and Immigration Services Administrative Appeals Office (2010) of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigration related abuse and the role this abuse plays as part of a pattern of extreme cruelty. (Andrew Taylor, Pro Bono)
[pdf] Intercountry Act of 2000 (+)
[pdf] Legislative History of VAWA (94,00,05), T and U-Visas, Battered Spouse Waiver, and VAWA Confidentiality (January 5, 2023) (+)
This document recounts the legislative history of laws offering protection for victims of domestic violence sexual assault and human trafficking with a particular focus on the immigration relief developed by Congress to protect immigrant survivors.
[pdf] DHS ICE Budget Overview (Fiscal Year 2023) (+)
[pdf] Letter From Bill Tamayo and Leslye E. Orloff to Louise Slaughter on VAWA Self-Petition (February 7, 1992) (+)
Letter to Louise Slaughter’s Office proposing the creation of the VAWA self-petition.
[pdf] Letter from Bill Tamayo to Martha Davis Creating the VAWA Self-Petition 10.25.91 (October 25, 1991) (+)
Early correspondence regarding creation of the VAWA self-petition.
[pdf] Amicus Brief Matter of MA (March 23, 2020) Board of Immigration Appeals (+)
The amici submit this brief in support of Respondent (“Mr. M.A.”) seeking reversal of the Executive Office for Immigration Review (“EOIR”) immigration judge’s October 17, 2019 decision denying Mr. M.A’s petition for (a) Violence Against Women Act (“VAWA”) cancellation of removal pursuant to Section 240A(b)(2) of the Immigration and Nationality Act (“INA”); (b) asylum pursuant to Section 208 of the INA; (c) withholding of removal pursuant to Section 241(b)(3) of the INA; and (d) protection under the Convention Against Torture, pursuant to 8C.F.R.§1208.16. Amici specifically submit this brief requesting the Board of Immigration Appeal (“Board”) to remedy the flagrant and egregious violations of VAWA’s confidentiality provisions that occurred in Mr. M.A.’s detention and removal proceedings. The Board should remedy these violations by terminating the present removal proceedings— a measure envisioned by Congress when it renewed the VAWA legislation in 2005 (see infra Sections III, IV), or, in the alternative, by reversing and remanding this matter to a different immigration judge.
[pdf] National Network on Behalf of Battered Immigrant Women, VAWA 2000 Implementation Memo to INS (October 31, 2000) (+)
Memo from the National Network on Behalf of Battered Immigrant Women to INS with implementation recommendations on VAWA 2000’s amendments to help immigrant survivors.
[pdf] NOWLDEF, Final Immigration Protections Included in the Violence Against Women Act of 2000 (January 19, 2001) (+)
Summary of each of the protections of immigrant survivors included in VAWA 2000.
[pdf] NOWLDEF Section by Section Summary VAWA 2000 Immigration -Conference Report VAWA 2000 (Oct 2000) (+)
Section by Section Summary published following the issuance of the final Conference Report from the passage of VAWA 2000. Provides a summary of the protections for battered immigrant women contained in VAWA 2000.
[pdf] House Subcommittee on Immigration and Claims, Hearing on H.R. 3083 the “Battered Immigrant Women’s Protection Act of 1999″ (July 19, 2000) (+)
George Fishman, Chief Counsel and Lora Ries, Counsel, Hearing on H.R. 3083 the “Battered Immigrant Women’s Protection Act of 1999.” House Subcommittee on Immigration and Claims 4 (July 19, 2000) Discussing VAWA 2000’s immigration protections.
[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] Congressional Record House October 2, 1990 Family Unity and Employment Opportunity Act of 1990 Included Battered Spouse Waiver (+)
Congressional record of debate and statements regarding the Battered Spouse Waiver that became law as part of the Family Unity and Employment Opportunity Act of 1990. Includes statements from Louise Slaughter.
[pdf] Excerpt on Battered Spouse Waiver Legislative History From Orloff Kaguyutan Offering a Helping Hand (2002) (+)
Report on the legislative history of the battered spouse waiver’s creation and its VAWA 1994 amendments in VAWA’s any credible evidence rules.
[pdf] USCIS Adjudicator’s Field Manuel Chapter 25 Petitions for Removal of Conditions on Conditional Residence (September 22, 2009) (+)
This manual details how Congress amended the Marriage Fraud Act in 1990 and provided a means for battered spouses to escape their abusive spouses. This was a result of the original Immigration Marriage Fraud Amendments, which required a two-year marriage requirement before being able to obtain lawful status.
[pdf] Comments on Proposed Evidence Rule 413 Washington State (September 15, 2017) (+)
Comments submitted by NIWAP on proposed Washington State evidence rule 413 providing social science data documenting the need for greater protections against perpetrators raising the immigration status of the victim to gain advantage in state court cases.
[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] Legislative Reforms Needed For Immigrant Victims of Domestic Violence, Sexual Assault, Stalking and Immigrant Children Who Have Suffered Abuse, Abandonment or Neglect (June 5, 2021) (+)
This document is intended to be read together with and a supplement to The Violence Against Immigrant Women Act of 2012 that was introduced by Representative Jan Schakowsky on May 7, 2012 in the 112th Congress, 2nd Session, HR 5331. HR 5331 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. The statutory changes discussed in this document are needed in addition to the provisions contained in HR 5331. The proposed changes address urgent issues that immigrant survivors face and need legislative solutions for, and they address emerging needs of immigrant survivors in 2021.
*Legislative Proposals That Benefit Immigrant Survivors of Domestic and Sexual Violence and Child Abuse (June 5, 2021)
In 2012 Representative Jan Schakowsky introduced HR 5331 which contained a broad number of legislative amendments designed to improve legal options, protections and services available to help immigrant survivors of domestic violence, sexual assault, child abuse, stalking, human trafficking and other crimes. Some of the provisions contained in HR 5331 became law as part of […]
[pdf] Christina Untold Stories VAWA 1994 (+)
This case study focuses on a Filipino immigrant victim named Christina who was married to a US citizen and faced abuse. This case comes from a small rural town in Texas and was compiled by the Texas Council on Family Violence Council.
[pdf] Declaration of Leslye E Orloff Re-Marriage of VAWA Self-petitioners (August 22, 2019) (+)
This declaration reports on the legislative history of the VAWA 2000 protections designed to ensure that VAWA self-petitioners could receive approval of their VAWA self-petitions and lawful permanent residency based on a VAWA self-petition whether or not they remarried.
[pdf] VAWA-Suspension-of-Deportation-Interliniated-Statute (+)
This document tracks amendments creating VAWA suspension of deportation in 1994 and amendments occurring to VAWA suspension of deportation by VAWA 2000 and VAWA 2005. Please note that VAWA suspension of deportation continues as an option for battered spouses and children of U.S. citizen and lawful permanent resident abusers despite the fact that suspension of deportation was removed from the Immigration and Nationality Act by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The code section that used to apply to suspension of deportation including VAWA suspension of deportation was INA Section 244. When suspension of deportation was replaced by cancellation of removal the INA section that had been used for suspension of deportation was reassigned to Temporary Protected Status. Although the code section was eliminated from the INA for VAWA suspension of deportation the immigration relief remains available for battered immigrant spouses and children of US citizens and lawful permanent residents and VAWA suspension of deportation has continued to be improved in subsequent reauthorizations of VAWA.
[pdf] House Conference Report VAWA 2000 Congressional Record (October 6, 2000) (+)
VAWA II 2000 House Legislative History
[pdf] Congressional Research Service, Immigration Provisions of the Violence Against Women Act (VAWA)(2.13.15) (+)
Congressional Research Service report on VAWA’s immigration provisions and the VAWA Unit that adjudicates VAWA self-petitions, U visa and T visa cases.
[pdf] Violence Against Women Act 1994 -House Legislative History (November 20, 1993) (+)
This is the House Committee on the Judiciary legislative history of the Violence Against Women Act of 1994. It includes the legislative history of VAWA self-petitioning and VAWA suspension of deportation and the any credible evidence standard for adjudicating VAWA immigration cases including the Battered Spouse Waiver.
[pdf] VAWA 2000 Legislative History Immigration Protections — Senate (October 11, 2000) (+)
[pdf] VAWA-Confidentiality-History-Purpose-and-Violations (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter contains detailed legislative history on the development and evolution of the Violence Against Women Act (VAWA) confidentiality protections under U.S. immigration laws. VAWA’s immigration confidentiality protections accomplish three objectives: 1) preventing DHS, DOJ and the U.S. State Department from relying on information provided by a perpetrator or the perpetrator’s family member to harm victims; 2) barring the release by government officials of information about the existence of, actions taken in, or materials contained in a VAWA confidentiality protected case file; and 3) establishing a list of protected locations at which immigration enforcement actions in cases involving immigrant crime victims are not to take place. This chapter discusses each of these protections in detail and includes statutory and legislative history, regulations and government policies implementing VAWA confidentiality protections. This chapter also contains a discussion of sanctions applicable to DHS, DOJ, and State Department officials when VAWA confidentiality violations occur.
[pdf] Daschle Senate Congressional Record September 14, 2001 (+)
Senator Daschle’s remarks from the Senate regarding the VAWA unit.
[pdf] Schakowsky VAWA 2005 Congressional Record December 19, 2005 (+)
Representative Schakowsky’s remarks from the House of Representatives regarding VAWA 2005.
[pdf] VAWA 2000 Congressional Record – Senate (October 2000) (+)
Congressional Record from October 11, 2000 which discusses VAWA 2000 and establishing self-petitioning.
*VAWA Confidentiality Protections for Immigrant Crime Victims (Update March 8, 2021)
This page contains useful information about VAWA confidentiality protections for immigrant crime victims. For up-to-date additional materials and case law follow these links: VAWA Confidentiality Training Materials (November 17, 2023) Training Materials – VAWA Confidentiality and Discovery in Family & Criminal Court Cases – Materials List (November 17, 2023) VAWA confidentiality was designed to enhance […]
*Trafficking Victims Protection Act and Reauthorization Acts
Trafficking Victims Protection and Reauthorization Act of 2008 Trafficking Victims Protection and Reauthorization Act of 2008: Statute (As Enacted) Trafficking Victims Protection and Reauthorization Act of 2008, H.R. 7311 (Analysis of Selected Sections (§§ 105, 201, 204, 205, 211, 212, 238) Prepared by Legal Momentum) Trafficking Victims Protection and Reauthorization Act of 2005 Trafficking Victims Protection and […]
[pdf] VAWA Reauthorization 2005 (+)
Senate Congressional Record on the reauhtoirzation of VAWA.
[pdf] Conyers Extension of Remarks 2005 Pt. II (+)
Congressional Record of remarks on the reauthorization of VAWA in 2000.
[pdf] Conyers Extension of Remarks 2005 (+)
Congressional Record of remarks on the reauthorization of VAWA in 2005.
[pdf] VAWA Reauthorization 2005 (+)
Seante hearing before the Committee on the Judiciary Committee discussing the reauhtorizaiton of VAWA.
[pdf] VAWA Authorization and Appropriations 1994 (+)
House Congressional Record discussing appropriations for VAWA.
[pdf] Senate Hearing on VAWA Second Session (+)
Hearing before the Committee on the Judiciary to reduce the growing problem of violence against women.
[pdf] VAWA Hearing Before the Committee on the Judiciary 1990 (+)
Senate Hearing on the need to reduce the growing problem of violence against women.
[pdf] VAWA Appropriations Act 1996 (+)
Congressional Record for the House discussing appropriating more fud
[pdf] Congressional Record House VAWA Appropriations 1995 (July 25, 1995)part-3 (+)
VAWA appropriations 1995
[pdf] VAWA-Legislative History Rape Protections and Housing Confidentiality Congressional Record (July30, 1995) (+)
Congressional Record July 30, 1995 Senator Biden discussing amendments in federal law needed to ensure that rape was included as on of the federal laws that is defined as causing serious bodily injury. Contains a significant statement on rape and the need for greater protections for rape victims. Discusses the important role of the Violence Against Women Act. This congressional record also includes the introduction of a 1996 Housing Act including early housing protections providing confidentiality for victims.
[pdf] Legislative History of the VAWA 1994-Senate Congressional Record (August 19, 1994) (+)
Discusses the importance of the Violence Against Women Act and particularly the Lautenberg Amendment that precluded gun ownership and access by domestic violence perpetrators.
[pdf] VAWA Legislative History-Senate Appropriations Bill 1997 (+)
VAWA Senate Congressional Record (June 26, 1997) discussing appropriations for the Violence Against Women Act
[pdf] Victims of Trafficking and Violence Protection Act of 2000 (+)
Conference report on the TVPA and reauthorization of 2000.
[pdf] VAWA Congressional Record House (June 6 1995) (+)
House voting record on VAWA from June 1995.
[pdf] VAWA Appropriations October 12, 1995 (+)
VAWA Appropriations October 12, 1995
[pdf] VAWA 1994 Legislative History and 1994 Appropriations Congressional Record (+)
VAWA 1994 Legislative History and 1994 Appropriations Congressional Record
[pdf] Conference Report: Omnibus Crime Bill Violence Against Women Act of 1994 (+)
House Congressional Record containing the House-Senate Conference Committee Report on the Violence Against Women Act of 1994 (VAWA 1994)
[pdf] Senate and House Extension of Remarks-Congressional Record March 31, 1995 (+)
Senator Kennedy on the creation of the Violence Against Women Act Office, (later renamed OVW), reinstatement with federal funds of the National Hotline, initiation of VAWA grant funding nationally, House: Stupak on creation of the VAWA Office; Slaughter on Appointment of Bonnie Campbell to lead the first VAWA Office (OVW) and initiation of OVW grant funding.
[pdf] Senate Appropriations 1995-VAWA (+)
Congressional Record Senate 1995 Appropriations contains VAWA discussion
[pdf] Congressional Record Senate- Domestic Violence Awareness Month (10-7-1997) (+)
Senate Congressional record on the the prevalence of violence against women and directing funding towards VAWA.
[pdf] Congressional Record Senate VAWA 1994 (8-24-94) (+)
Senate Congressional Record discussing funding for and implementation of VAWA.
[pdf] House Congressional Record VAWA 1994 (6-30-94) (+)
House record discussing the need for funding for VAWA.
[pdf] House Congressional Record VAWA and Victim Restitution (2-7-95) (+)
Congressional Record discussing the prevalence of violence against women and domestic violence.
[pdf] Congressional Record Senate -Domestic Violence Awareness Month 1995 (+)
Discussing the importance of VAWA and struggle to address domestic violence.
[pdf] Senate Congressional; Record Senate February 16, 1995 Appropriations (+)
Discussing VAWA implications
[pdf] 1995 Appropriations Bill-Biden VAWA Statement (+)
Senate Congressional Record of Joe Biden’s remarks on the need to fund VAWA.
[pdf] Congressional Record Gejdenson Domestic Violence Awareness Month (10-31-1995) (+)
Congressional Record Gejdenson Domestic Violence Awareness Month (10-31-1995)
[pdf] House Appropriations Legal Services and VAWA (07-25-1995) (+)
Legislative history of VAWA Legal Services protections
[pdf] VAWA 1994 Legislative History Senate Congressional Record (06-23-1994) (+)
Congressional record discussing VAWA 1994 Senate
[pdf] Herstory: Domestic Violence and Sexual Assault Public Policy Timeline Highlighting Accomplishments on Behalf of Immigrants and Women of Color (+)
“Her”story: Domestic Violence and Sexual Assault Public Policy Timeline Highlighting Accomplishments on Behalf of Immigrants and Women of Color
[pdf] Federal Register: Health and Human Services: Final Rule Non-Discrimination in Health Care Access (July 18, 2016) (+)
Federal Register issue on the Health and Human Services department on the topic of nondiscrimination in federal health programs, services, and activities.
[pdf] Congressional Research Service, Immigration Provisions of the Violence Against Women Act (VAWA) (May 15, 2012) (+)
Report by William A Kandel of the Congressional Research Service Report on how VAWA provisions work, critiques of Immigration provisions, requirements, concerns, and current legislation. Discusses the legislative history and implementation of battered spouse waiver, the VAWA self-petition, and the U visa.
[pdf] Bipartisan Women Made Anti-Violence Act Happen (+)
Article by Ann Moline Women’s Enews correspondent, on the collaboration between Democratic and Republican Senate staff who led Senator Kennedy and Abraham’s work on the Violence Against Women Act of 2000’s immigration protections including the creation of the U and T Visas and improvements to VAWA self-petitioning, VAWA cancellation of removal and VAWA suspension of deportation.
[pdf] Untold Stories VAWA 1994: Cases Documenting Abuse By U.S. Citizens and Lawful Residents of Immigrant Spouses (+)
The original story book and research report collected and presented to Congress support VAWA 1994 immigration protections creating VAWA self-petitioning and VAWA suspension of deportation.
[pdf] Violence Against Women Act of 2000 and the Trafficking Victims Protection Act of 200) in the Victims of Trafficking and Violence Protection Act of 2000 (Full Bill) (+)
Full text of 22 U.S.C. 7101, the Victims of Trafficking and Violence Protection Act of 2000.
[pdf] Violence Against Women Act of 1994 in the Violent Crime Control and Law Enforcement Act of 1994 (Full Bill) (+)
A copy of the Violent Crime Control and Law Enforcement Act of 1994 -Public Law 103-322 [H.R.3355];
Relevant Section: TITLE IV—-VIOLENCE AGAINST WOMEN; Subtitle G—-Protections for Battered Immigrant Women and Children; Sec. 40701—-IMMIGRANT PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND PREFERENCE STATUS.;
Amends Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1))
[pdf] Full Text of H.R. 3244 Victims of Trafficking and Violence Protection Act and Violence Against Women Act of 2000 (+)
Full Text of H.R. 3244 Victims of Trafficking and Violence Protection Act (TVPA) and Violence Against Women Act of 2000. The TVPA was designed to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against women, and for other purposes. The TVPA has the ability to authorize protections for undocumented immigrants who are victims of severe forms of trafficking (T visa).
[pdf] William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (+)
Public Law 110-457; [H.R. 7311] An act to authorize appropriations for fiscal years 2008 through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measure to combat trafficking in persons, and for other purposes.
[pdf] Department of Justice Appropriations Authorization Act 2006-2009 (+)
Department of Justice Appropriations Authorization Act through fiscal years 2006-2009. This includes the 2005 Bipartisan legislative history of VAWA 2005 immigration and the legislative history of the VAWA Unit see pp 116-125.
[pdf] John Conyers Extension of Remarks-VAWA 2005 Legislative History (+)
Congressional Record Extensions of Remarks December 18, 2005 containing speech of Representative John Conyers, Jr. on VAWA in regards to battered immigrants.
[pdf] Violence Against Women Act: History and Federal Funding (+)
Recent Developments in VAWA: History and Federal Funding: FY2007- President Bush requested $366 million for the violence against women programs administered by the Department of Justice and $177 million for programs administered by the Department of Health and Human Services, for a total of $543 million.
[pdf] Violence Against Women Act: History, Federal Funding, and Reauthorizing Legislation (+)
September 15, 2004, FY2005, Senate Appropriations Committee recommended $410 million for violence against women programs administers by the DOJ and $131.5 million for programs administered by the Department of Health and Human Services. The $131.5 million would be divided into $128 million for the battered women shelters program and $3.5 million for a national domestic violence hotline.
[pdf] Deferred Action for VAWA Self-Petitioners (+)
This paper proposes factors USCIS should consider using as it updates its deferred action policies and/or VAWA self-petitioning regulations with regard to granting deferred action to VAWA self-petitioners and any children or parents included in the VAWA self-petition. Since immigrant children and parents included in their parent’s or child’s self-petitions are considered self-petitioners, derivative children and parents included in VAWA self-petitions should receive deferred action status at the same time deferred action is granted to the battered immigrant filing the VAWA self-petition. No additional filing should be required.
[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.