VAWA Confidentiality > Confidentiality Statutes
Topic: Confidentiality Statutes
Materials regarding confidentiality statues in terms of VAWA.
[pdf] VAWA Confidentiality Statutes, Legislative History and Implementing Policy (Updated June 7, 2022) (+)
This document contains the full statutory, legislative history, and history of policies issued by the U.S. Department of Homeland Security, the Immigration and Naturalization Service, Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services and the Office of Principal Legal Advisor at Immigration and Customs Enforcement. Includes a discussion of the ICE Courthouse enforcement policy issued in January 2018 and ICE and CPB Sensitive locations policies as they affect immigrant victims of domestic violence, sexual assault, dating violence, stalking, child abuse and human trafficking.
[pdf] Utilizing VAWA Confidentiality Protections in Family and Criminal Court Cases (February 17, 2017) (+)
Chapter of a publication on issues that arise in family court cases involving immigrant crime victims pending publication. This chapter discusses VAWA confidentiality protections and their impact in state court proceedings. While the emphasis of the article is on family court cases, the discussion is also useful in criminal court cases. This article discusses the Hawke, Demaj and Koch cases on VAWA confidentiality.
[pdf] VAWA Confidentiality Interlineated Statutes (March 31, 2018) (+)
This document tracks the history of VAWA confidentiality statutory amendments 1996-2016 for both statutory sections controlling VAWA confidentiality. 8 USC 1367 which became law as Section 384 of IIRAIRA and Section 239(e) of the Immigration and Nationality Act 8 USC 1229(e).
[pdf] State Confidentiality Statutes (+)
Information on state confidentiality statutes and a detailed table of the most common privileged relationships by state.
[pdf] Section 809 Eligibility of Crime and Trafficking Victims in the Commonwealth of the Northern Mariana Islands to Adjust Status and Section 810 Disclosure of Information for National Security Purposes (+)
Section 809 of VAWA 2013, defining eligibility of crime and trafficking victims in the commonwealth of the northern Mariana Islands to adjust status and section 810 of VAWA 2013, covering disclosure of information for national security purposes.
[pdf] VAWA 2013 VAWA Confidentiality Amendments (+)
Section 1367 interlineated with VAWA 2013 amendments.
[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] 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] VAWA 2005 HR 3402 Sec. 825(c): Certificate of Compliance with Restrictions on Disclosure (+)
VAWA 2005 section 825 (c) amended INA section 239 (8 U.S.C. 1229), adding a requirement that a certificate of compliance be filed if an enforcement action took place at a sensitive location that lead to a removal proceeding to ensure that confidentiality provisions in Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) were complied with.
[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.