Amicus brief compiled by International Women’s Human Rights Law Clinic and Legal Momentum among others which seeks to reverse BIA denial of gender-based asylum for appellant Alima Traore. The case argues that Traore has established eligibility for asylum, withholding of removal, and protection under the Convention Against Torture because she has endured past persecution in the form of female genital mutilation (“FGM”), has a well-founded fear of future persecution, and likely faces torture and a threat to life or freedom because she is a female member of the Bambara tribe in Mali.
Topic: Statutes
Materials regarding VAWA statutes and legislative history.
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[pdf] In Re D.T. –O Maryland Court of Special Appeals (May 20 2021) (+)
“In Re D.T. –O” (Maryland Court of Special Appeals) NIWAP filed an amicus brief in a case before the Maryland Court of Special Appeals represented by K & L Gates LLP in a case in which Maryland State Child Protective Services used a parent’s immigration status and issues related to immigration status to terminate a parent’s parental rights. This amicus brief argues that federal preemption precludes Maryland from imposing penalties against undocumented immigrant parents fin custody and termination of parental rights cases. This together with failures to provide language access in this case violated the immigrant mother’s due process rights (May 20, 2021).
[pdf] Interlineated HR 5331 Violence Against Immigrant Women Act of 2012 (May 7, 2012, Interlineation June 5, 2021) (+)
This document is an interlineated version of The Violence Against Immigrant Women Act of 2012, which 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. This interlineated version of HR 5331 is marked up with strike-throughs. The text that is crossed out in red indicates the amendments that are no longer needed, because they have already been passed—either in law or through policy—in the years since this bill was first introduced in 2012.
[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] Family Law Summary of Service Rules (January 29, 2021) (+)
This chart provides an overview of non-resident and alternative service rules generally for family law proceedings in each state. This document serves as a supplement to the proceeding-specific family law jurisdiction and service of process charts.
[pdf] Paternity and Child Support Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service statutes for paternity and child support proceedings in each state.
[pdf] Custody Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service statutes for custody in each state.
[pdf] Child Abuse/Neglect Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service of process statutes for child abuse/neglect proceedings in each state.
[pdf] Domestic Violence Protection Orders – Jurisdiction and Service of Process (January 29, 2021) (+)
This chart provides the jurisdiction and service of process statutes for domestic violence protection orders in each state.
[pdf] Divorce and Legal Separation – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service of process statutes for divorce and legal separation in each state.
[pdf] Adoption Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service of process statutes for adoption in each state.
[pdf] Nebraska U and T Visa Certification and Continued Presence Neb Rev Stat 29-217 (November 14, 2020) (+)
Nebraska’s U and T Visa Certification Law effective 11/14/20. This law addresses both U and T visa certification and requests for continued presence. The law requires that law enforcement, prosecutors, judges and any other state or local agency authorized to sign certifications in U and T visa cases within 90 days or receiving requests. Additionally, in cases of victims of human trafficking when an agency reasonably believes an individual is a victim of a severe form of human trafficking the law encourages agencies within 90 days to request that federal law enforcement officials complete continued presence requests for the victim. Requires that certifying agencies keep internal records of requests for certifications, certifications and requests for continued presence.
[pdf] HRIFA-Interliniated-Statute: Haitian Refugee Immigration Fairness Act of 1998 with Violence Against Women Acts of 2000 and 2005 Amendments (April 22, 2020) (+)
Statute text that notes 2000 and 2005 amendments, changes, and deletions of Haitian Refugee Immigration Fairness Act of 1998.
[pdf] Interliniated-Statute: Cuban Adjustment Act with Violence Against Women Act 2000 and 2005 Amendments (Aprl 22, 2020) (+)
Outlines the changes, deletions, and amendments to the Cuban Adjustment Act included in VAWA 2000 and VAWA 2005 amending (Public Law 89-732), November 2, 1966.
[pdf] NACARA with VAWA 2000, 2005 Interlineated-Statute (+)
Outlines the changes, deletions, and amendments of the Nicaraguan Adjustment and Central American Relief Act, as amended by the Violence Against Women Acts of 2000 and 2005.
[pdf] IIRAIRA Public Law 104-208_9.30.96 626-628 Sec 309 (+)
[pdf] Violence Against Women Act of 2005 in the Department of Justice Appropriations Authorization Act 2006-2009 Legislative History (+)
House report of the Committee on the Judiciary to accompany H.R. 3402.
[pdf] Senate Hearing on VAWA Second Session (+)
Hearing before the Committee on the Judiciary to reduce the growing problem of violence against women.
[pdf] 8 USC 1612 What Benefits Qualified Immigrants Receive (1997) (+)
This section describes what qualified immigrants receive and what immigrants qualify for exceptions to the various bars to access to public benefits for immigrants.
[pdf] 8 USC 1631 Sponsor Deeming (1997) (+)
IIRAIRA provisions on sponsor deeming for immigrant access to public benefits
[pdf] 8 USC 1641 Definition of Qualified Immigrants (1997) (+)
Statute with the list immigrants who are considered qualified immigrants for purposes of eligibility for receipt of federal and state funded public benefits
[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] Personal Responsibility and Work Opportunity Act of 1996 (+)
The PRWOA altered access to benefits for immigrants (both documented and undocumented) by adding a requirement that non-citizens must establish that they are “qualified immigrants” in order to receive federal public benefits.
[pdf] Battered Spouse Waiver in the Immigration Act of 1990 (+)
An act to amend the Immigration and Nationality Act to change the level, and preference system for admission, of immigrants to the United States, and to provide for administrative naturalization, and for other purposes.
[pdf] Current State of VAWA and Trafficking Victim Protection Act Implementing Regulations and Policies (February 13, 2013) (+)
The following article provides an up-to-date list of VAWA statutory provisions for which no implementing regulations or policies have been issued. This list is followed by a consequent list of VAWA and Trafficking Victim
Protection Act (TVPA) regulations that were overruled by statute. This report ends with a list of
current regulations that do not reflect expansions of VAWA or TVPA protections that became
law subsequent to the issuance of the regulations.
[pdf] Violence Against Women Act of 2013 (Full Bill) (+)
The full Violence Against Women Act of 2013.
[pdf] VAWA 2013 VAWA Confidentiality Amendments (+)
Section 1367 interlineated with VAWA 2013 amendments.
[pdf] New Dangers for Battered Immigrants: The Untold Effects When Immigrant Victims Have to Leave the U.S. to Obtain Lawful Permanent Residency as VAWA Self-Petitioners (+)
The stories recounted in this volume document the experiences of battered immigrants from around the country. In all of these cases, battered immigrants either filed or are in the process of filing self-petitions. Once the battered immigrant’s self-petition is approved the victim may apply for lawful permanent residency. The purpose of this compilation has been to highlight the potential hardships and dangers that battered immigrants face if they would be required to leave the United States and travel abroad to receive lawful permanent residency based upon their approved VAWA self-petition. Historically, battered immigrants abused by their U.S. citizen or lawful permanent resident spouses or parents have been generally able to attain lawful permanent residency while continuing to reside in the United States. The stories collected here were used to secure amendments in VAWA 2000 that together with DHS policies allow immigrant victims to obtain lawful permanent residency without being required to leave the United States.
[pdf] American Recovery and Reinvestment Act of 2009 (+)
Contains Violence Against Women Act Funding – An act making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for the fiscal year ending September 30, 2009, and for other purposes.
[pdf] INA: Section 239 – Initiation of Removal Proceedings and VAWA Confidentiality (2006) (+)
Immigration and Nationality Act section 239 provision on the initiation of removal proceedings. Section 239(e) defines when a certificate of compliance was required when an enforcement action that took place at a sensitive location lead to a removal proceeding to ensure that confidentiality provisions were complied with.
[pdf] Violence Against Women and Department of Justice Reauthorization Act of 2005 (+)
Full text of 42 U.S.C. 13701, Violence Against Women and Department of Justice Reauthorization Act of 2005, to enhance judicial and law enforcement tools to combat violence against women; improving services for victims of domestic violence, dating violence, sexual assault, and stalking; protection of battered and trafficked immigrants; etc.
[pdf] LSC Statutory Amendments: Violence Against Women Act Public Law 109-162 (+)
Electronic Version of VAWA 2005 Section 104 (Public Law 109-162) creating statutory amendments granting immigrant victims of domestic violence, sexual assault and other U visa criminal activities access to legal assistance from LSC funded programs without regard to the victim’s immigration status.
[pdf] VAWA 2005 Section 104 In Full Bill: LSC Amendments (+)
Final bill text of the Violence Against Women Act (“VAWA”) of 2005, Section 104 that contains amendments regarding access to Legal Services Corporation (“LSC”) funded legal aid for immigrant crime victims. This amendment is known as the Durbin Amendment.
[pdf] Victims of Trafficking and Violence Protection Act of 2000 (+)
An act 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.
[pdf] Violence Against women Act of 2000 (+)
HR 1248 would reauthorize and make key improvements in programs created by the Violence Against Women Act of 1994. Those programs include: law enforcement and prosecution grants to combat violence against women, national domestic violence hotline, battered women’s shelter and services, grants for community initiatives, education and training for judges and court personnel, grants to encourage arrest policies, rural domestic violence and child abuse enforcement, national stalker and domestic violence reduction, federal victims’ counselors, education and prevention grants to reduce sexual abuse of runaway, homeless, and street youth, victims of child abuse, and rape prevention education. It would also create new programs, including civil legal assistance for victims, safe havens for children pilot program, protections against violence and abuse for women with disabilities, standards, practice and training for sexual assault examinations, and a requirement that a domestic violence task force report back to Congress on any overlapping or duplication of Federal agency efforts addressing domestic violence.
[pdf] Battered Immigrant Women Protection Act of 1999 (+)
A legislative hearing on HR 3083, the Battered Immigrant Women Protection Act of 1999.
[pdf] Section 104 VAWA 2005 Introduced: Ensuring Immigrant Crime Victim’s Access to Legal Service (+)
Text of the Amendment introduced by Senator Durbin became Section 104 of Violence Against Women Act (“VAWA”) of 2005. The Amendment permits programs funded by the Legal Services Corporation (“LSC”) to use LSC funds or funds derived from a source other than the LSC to provide legal assistance to immigrant victims of domestic violence, sexual assault, or trafficking, consistent with VAWA and the Trafficking Victims Protection Act.
[pdf] Section 1367 of VAWA 2005: Penalties for Disclosure of Information (+)
Section 1367 of VAWA 2005 detailing the penalties for disclosure of information, as it appeared in the U.S. code in 2005.
[pdf] VAWA 2005 House HR 3402 Sec. 817: VAWA Confidentiality Nondisclosure (+)
Confidentiality nondisclosure provision in VAWA 2005, section 817, as it appears in the House version of VAWA 2005.
[pdf] Division B- Violence Against Women Act of 2000 (+)
A detailed comprehensive Violence Against women Act of 2000.
[pdf] Violence Against Women Act of 2000 (+)
The whole bill for VAWA 2000, which is meant to combat trafficking in persons, to reauthorize certain Federal programs to prevent violence against women, and for other purposes.
[pdf] Violence Against women Act of 1999, Stalking Prevention and Victim Protection Act of 1999 (+)
A hearing on legislation addressing violence against women and stalking.
[pdf] Women Immigrants and Domestic Violence (+)
Paper presented at a symposium convened by the Woodrow Wilson International Center for Scholars entitled Women’s Rights in Theory and Practice: Employment, Violence and Poverty, May 21-22, 2002. Discussing the demographics of immigrant women in the United States and the importance that services providers, advocates and attorneys learn how to provide culturally appropriate assistance to diverse immigrant victims, the significance of fear of deportation as a barrier, and the importance of identifying and working with survivors the continuum of violence immigrant survivors experience.
[pdf] Lifetime Prevalence of Violence Against Latina Immigrants: Legal and Policy Implications (+)
This article examines the prevalence of various forms of domestic violence experienced by Latina immigrant women, the nature of the battering and extreme cruelty they experience, and public policy implications of the findings. The this research found high levels of intimate partner abuse experienced by immigrant Latinas and publishes data about immigrant victims in married to citizens and lawful permanent residents that Congress relied upon in when creating VAWA self-petitioning in 1994. Includes a discussion of immigration related abuse, details about the types of physical, sexual and emotional abuse victims suffered, describes the types of emotional abuse that are significantly related to physical and sexual abuse, and provides empirical data documenting several of the factors that in and of themselves or collectively constitute “extreme cruelty” under U.S. immigration laws.
[pdf] Conference Report on H.R. 3355, Violent Crime Control and Law Enforcement Act of 1993 (+)
A conference report on H.R. 3355, which contains information the Violent Crime Control and Law Enforcement act of 1993.
[pdf] Violence Against Women Act of 1994 (+)
An act to control and prevent crime.
[pdf] Violence Against Women Act of 1993 (+)
The Committee on the Judiciary, to whom was referred the bill (HR 1133) to combat violence and crimes against women, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.
[pdf] The Violence Against Women Act of 1993 (+)
The Committee on the Judiciary, to which was referred the bill (S. 11), having considered the same, reports favorably thereon with an amendment in the nature of a substitute and recommends that the bill as amended do pass.
[pdf] Violence Against Women Act of 1991 (+)
The Committee on the Judiciary, to which was referred the bill (S. 15), having considered the same, reports favorably thereon with an amendment in the nature of a substitute and recommends that the bill as mended do pass.
[pdf] Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 (+)
Full version of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 , public law 104-208. Confidentiality provisions are listed in Section 384.
[pdf] Living in the Eye of the Storm (+)
A presentation regarding the Violence Against Women Act.
[pdf] Domestic Violence and the International Marriage Broker Regulation Act (DHS Brochure for Law Enforcement and Victim Advocates) (+)
A brochure regarding the International Marriage Broker Regulation Act and domestic violence for Law Enforcement Officers and Domestic Violence Advocates.
[pdf] Violent Crime Control and Law Enforcement Act of 1994- Conference Report (+)
The Violent Crime Control and Law Enforcement Act of 1994 is a bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow grants to increase police presence, to expand and improve cooperative efforts between law enforcement agencies and members of the community to address crime and disorder problems, and otherwise to enhance public safety.
[pdf] Expressing the Sense of Congress that Expert Testimony Concerning the Nature and Effect of Domestic Violence (+)
Mr. Brooks, from the Committee on the Judiciary submitted the report. The Committee on the Judiciary, to whom was referred the concurrent resolution (H. Con. Res. 89) expressing the sense of Congress that expert testimony concerning the nature and effect of domestic violence, including descriptions of the experiences of battered women, should be admissible when offered in a State court by a defendant in a criminal case, having considered the same, report favorably thereon without amendment and recommend that the resolution be agreed to.
[pdf] Battered Women’s Testimony Act of 1992 (+)
The Committee of the Judiciary, to whom was referred the bill (HR 1252) to authorize the State Justice Institute to analyze and disseminate information regarding the admissibility and quality of testimony of witnesses with expertise relating to battered women, and to develop and disseminate training materials to increase the use of such experts to provide testimony in criminal trials of battered women, particularly in cases involving indigent women, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.