This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
VAWA Confidentiality > Confidentiality Memorandums of Law
Topic: Confidentiality Memorandums of Law
Materials regarding VAWA confidentiality memorandums of law.
[pdf] How to Argue or Rule on VAWA Confidentiality Protections in Discovery Involving Immigrant Survivors (November 18, 2022) (+)
Step-by-step guide for attorneys and judges on VAWA confidentiality and discovery with links to resources, tools, case law, Amicus Briefs, and sample bench briefs and motions.
[pdf] DHS Civil Rights and Civil Liberties (CRCL) Complaint Instructions for Violation Investigations (2021) (+)
Information about VAWA confidentiality provisions at the Department of Homeland Security and instructions for reporting a violation. Updated on 12/12/2021. For previous information about VAWA confidentiality complaints go to https://niwaplibrary.wcl.american.edu/pubs/conf-vawa-gov-dhscomplaintinstrts-2008
[pdf] OVW, Frequently Asked Questions (FAQs) on the VAWA Confidentiality Provisions (34 U.S.C. Section 12291(b)(2)) (October 2017) (+)
FAQ discusses the VAWA confidentiality protections that apply to Office on Violence Against Women grantees and subgrantees including the requirement that grantees and subgrantees “covered” by the VAWA Confidentiality Provision must adhere to the requirements of that Provision; that is, they may not disclose, reveal, or release personally identifying information or individual information collected in connection with services requested, utilized, or denied through grantees’ and subgrantees’ programs, regardless of whether the information has been encoded, encrypted, hashed, or otherwise protected.
[pdf] Anticipating and Protecting Immigrant Survivors’ Privacy Interests (December 2016) (+)
Slides from workshop presentation.
[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] 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] Instruction 002-02-001, Implementation of Section 1367 Information Provisions (11.7.13) (+)
DHS VAWA confidentiality implementation instructions that apply to United States Citizenship and Immigration Services, Customs and Border Patrol and Immigration and Customs Enforcement. These instructions explain in detail the steps DHS officials are required to take to comply with VAWA confidentiality’s bars on reliance on information provided by perpetrators and their family members, bars on immigration enforcement actions at protected locations and bars of release of information about the existence of and information contained in VAWA confidentiality protected cases, including VAWA self-petitions, VAWA cancellation, VAWA suspension of deportation, and T and U visa cases.
[pdf] 2007 ICE and OPLA VAWA Confidentiality and VAWA 2005 Implementation Memos -(FOIA Release – February 15, 2015) (+)
Through a FOIA request in 2015 ICE Officially released two documents of importance the those in the field working with immigrant survivors of crime. These memos together with the memos issued by DHS that govern all of its branches and bureaus govern VAWA confidentiality implementation at ICE.
— February 1, 2007, William J Howard, “VAWA 2005 Amendments to the Immigration and Nationality Act and and 8 U.S.C. 1367” This is an Office of Principal Legal Advisor (OPLA) memorandum on VAWA confidentiality implementation and the VAWA 2005 Amendments to the Immigration and Naturalization Act.
— January 22, 2007, Director John P. Torres, Office of Detention and Director Marcy M. Forman Office of Investigations, Immigration and Customs Enforcement Memo “Interim Guidance Relating to Officer Procedure Following Enactment of VAWA 2005.and changes made to VAWA confidentiality protections and ICE memorandum on Interim Guidance Relating to Officer Procedure”
[pdf] Department of Homeland Security: Civil Rights Complaint Form (+)
The purpose of this form is to assist you in filing a civil rights/civil liberties complaint with the Department of Homeland Security (DHS) Office for Civil Rights and Civil Liberties (CRCL) regarding DHS programs and activities. This form is not intended to be used for complaints about employment with DHS. You are not required to use this form to file a complaint; a letter with the same information is sufficient. However, if you file a complaint by letter, you should include the same information that is requested in the form.
[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] All DHS Directive on Implementation of Section 1367 Information Provisions (November 1, 2013) (+)
Department of Homeland Security directive on agency wide implementation of Section 1367 VAWA confidentiality provisions.
Law Enforcement, Prosecutor and T and U Visa Certifier Training Materials
Most of the documents in this section and the trainings provided to law enforcement and prosecutors listed at the end of this section were supported by grants from the Office on Violence Against Women, The Bureau of Justice Assistance and/or the Training and Technical Assistance Center of the Office of Victims of Crime of the […]
[pdf] DHS Broadcast Message on New 384 Class of Admission Code (December 1, 2010) (+)
Broadcast from the Department of Homeland Security to DHS personnel on the creation of the Class of Admission “384” code in the Central Index System, that alerts personnel of an immigrant victim who is protected by VAWA confidentiality protections.
[pdf] DHS Civil Rights Civil Liberties Complaint Instructions for Violation Investigations (+)
Information about VAWA confidentiality provisions at the Department of Homeland Security and instructions for reporting a violation.
[pdf] Memorandum: Interim Guidance Relating to Officer Procedure Following Enactment of VAWA 2005 (+)
Memorandum from John Torres to Field Office Directors and Special Agents in Charge providing guidance to operational units of U.S. Immigration and Customs Enforcement on the new confidentiality procedures created by VAWA 2005 in cases involving individuals who may be eligible to apply for VAWA benefits or T or U visas.
[pdf] Memorandum: Supplemental Guidance on Battered Alien Self-Petitioning Process and Related Issues (+)
Memorandum from Paul Virtue outlining changes in the handling of I-360 self-petitions for immigrant status filed by battered spouses and children of U.S. citizens and permanent residents aliens and addresses related issues.
[pdf] Memorandum: Non-disclosure and Other Prohibitions Relating to Battered Aliens: IIRIRA 384 (May 5, 1997) (+)
Memorandum from Paul Virtue regarding non-disclosure and other prohibitions relating to battered aliens under IIRIRA 384 confidentiality provisions to all INS employees.
[pdf] Operating Policies and Procedures Memorandum No. 97-7: Procedures for Identifying Potential Battered Spouse/ Battered Child Cases (+)
A memorandum about the operating policies and procedures for identifying potential battered spouse/ battered child cases from the office of the Chief Immigration Judge to all deputy chief immigration judges, all assistant chief immigration judges, all immigration judges, all court administrators, all judicial law clerks, and all court staff.