Topic: VAWA Confidentiality

Materials regarding VAWA confidentiality.

Narrow your search:

*Training Materials: VAWA Confidentiality Protections (Last Updated – February 2018)

Legal Rights Overviews and Brochures Multilingual Materials for Victims and Advocates DHS Infographic: Protection for Immigrant Victims (January 12, 2107) Immigration Options for Victims of Crime – DHS Brochure VAWA Confidentiality: Improving Victim Safety Webpages and Webinars VAWA Confidentiality Protections for Immigrant Crime Victims VAWA Confidentiality Webinar Enhanced Safety Planning for Immigrant Survivors of Domestic […]

Published February 14, 2018

Topics:

*Training Tools for Prosecutors on the U Visa, VAWA and Criminal Court Discovery (June 2023)

AEquitas, The Prosecutor’s Resource on Violence Against Women and the National Immigrant Women’s Advocacy Center, American University, Washington College of Law have created tools for prosecutors working on cases involving immigrant crime victims.  The development of these tools was funded by the Office on Violence Against Women, U.S. Department of Justice. What’s Immigration Status Got […]

Published November 8, 2017

Topics: , , ,

[pdf] Hawaii Materials Benefits-Confidentiality Training (March 15, 2017) (+)

Materials list covering the following topics: Legal Rights Overview and Brochures; Access to Public Benefits and Services for Immigrant Domestic Violence and Sexual Assault Victims; Child Care; Drivers’ Licenses; Education; Health Care; Shelter and Transitional Housing; Public and Assisted Housing; LIHEAP; Non-Work Social Security Numbers; Public Charge and Immigrant Victims; TANF; VAWA Confidentiality; Legal Services Representation of Immigrant Victims; and Immigrant Victim’s Immigration Options

Published March 15, 2017 by

Topics: , , , , , , , , , , ,

[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.

Published June 7, 2022 by

Topics: , , ,

February 24, 2017: “Enhanced Safety Planning for Immigrant Survivors of Domestic and Sexual Violence” (Webinar)

Abusers often use the threat of immigration enforcement as a way to maintain power and control and to make victims less likely to seek protection. For this reason, it is important for advocates to understand how to: help immigrant survivors become aware of their rights; identify special immigration remedies for victims, including special VAWA provisions around confidentiality; and how to prepare […]

Published February 23, 2017

Topics: , , ,

[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.

Published February 17, 2017 by

Topics: , , , ,

*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 […]

Published February 16, 2017

Topics: , , ,

[pdf] USCIS Memo: Eligibility for Employment Authorization for Battered Spouses of Certain Nonimmigrants (March 8, 2016) (+)

United States Citizenship and Immigration Service USCIS revisions to adjudicators manual and policy memo implementing VAWA 2005’s creation of access to work authorization for immigrant spouses and children subjected to battery or extreme cruelty by their work visa holder (A, E(3), G or H) spouse or parent. It is important to note that these victims also receive VAWA confidentiality protection.

Published March 8, 2016 by

Topics: , , ,

[pdf] Amicus Curiae Brief EEOC v Koch Foods (October 22, 2015) (+)

Amicus Brief in a federal employment discrimination case brought by the EEOC and immigrant employees who were victims of sexual assault and other crimes against Koch Foods in Mississippi. The Amicus Brief discusses VAWA confidentiality its legislative history and purpose and argues why VAWA confidentiality protected case files in VAWA self-petition and U visa cases should not be discoverable in an employment civil action. The case cites cases denying discovery in state family and criminal court cases.

Published October 22, 2015 by

Topics: ,

[pdf] ICE OPLA VAWA Confidentiality and Immigration Relief for Crime Victims Training (November 11, 2016) (+)

This notice reports on the trainings conducted by the Immigration and Customs Enforcement’s Office of Principal Legal Advisor on VAWA Confidentiality and immigration protections for victims for ICE Assistant chief counsel and Enforcement and removal officers. The goal of this training was to ensure that all ICE Trial Attorneys and the Assistant Chief Counsel they report to are aware of the requirements of VAWA confidentiality and the protections available to immigrant crime victims under the VAWA, T visa, and U visa programs and under the 2011 Victim Witness Memo. The document lists the process for contacting the ICE Office of Chief Counsel for problems with particular cases and the point of contact at OPLA on VAWA confidentiality.

Published December 21, 2016 by

Topics: , , , ,

[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.

Published November 7, 2013 by

Topics: , ,

[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”

Published February 1, 2007 by ,

Topics: , ,

[docx] SJI Training Material – Minnesota (+)

A handout of the material distributed in the judge’s training in Minnesota. Interest in this training arose as a result of our work with judges in Minnesota on U visa certification by judges. Leslye Orloff and Judge Lora Livingston presented at this training in December 2015. NIWAP worked with the Judicial Education Program Manager to identify which areas needed to be addressed and issues the judges were most interested in learning more about.

Published December 2, 2015 by

Topics: , , , ,

Part of:

*Empowering Survivors Table of Contents

This is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, […]

Published November 22, 2015

Topics: , , , , , , , , , , , , , , , , , , ,

Part of:

*Breaking Barriers Table of Contents

Breaking Barriers is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of domestic and family violence. This Manual provides a detailed overview explanation of immigrant survivors’ legal rights under immigration, family, public benefits, and criminal laws and their rights to […]

Topics: , , , , , , , , , , , , , , , , , ,

Part of:

[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.

Published May 7, 2015 by

Topics: , , , ,

Part of:

[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.

Published February 13, 2013 by

Topics: , , , , , , , , , , , , , , , ,

Tags: , ,

February 5, 2015: “VAWA Confidentiality: Understanding the Three Safeguards and Limited Discovery Exceptions When Advocating for Survivors in Family and Criminal State Courts” (Webinar)

Often, immigrant survivors of abuse may be afraid their abusers will report their lack of status to immigration authorities or that their abusers will refuse to file for status if the victims disclose the violence to law enforcement officials. Congress recognized the unique predicament faced by immigrant survivors and, in response, created alternative paths to […]

Published February 5, 2015

Topics:

[pdf] Court Rulings Confirm Federal VAWA Confidentiality Protections Bar Discovery of VAWA Confidentiality Protected Information in State Family Court Proceedings (+)

This factsheet provides an introduction to VAWA confidentiality, an overview of the decisions in Hawke v. United States Department of Homeland Security and Demaj v. Sakaj, and implications of the Hawke and Demaj decisions in state family court cases.

Published June 17, 2014 by

Topics: , , , ,

Part of:

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 […]

Published May 1, 2013

Topics: , , , , , , , , , , , , , , , , ,

Part of:

[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.

Published March 24, 2013 by

Topics: , , ,

[pdf] Sample Criminal Court VAWA Confidentiality Protections – Amici Curiae Brief of Legal Momentum, Sanctuary for Families, and National Immigrant Women’s Advocacy Project (2012) (+)

Legal Momentum, Sanctuary for Families, and National Immigrant Women’s Advocacy Project submitted this brief on VAWA confidentiality protections as Amici curiae in support of the Defendants’ Motion to Dismiss in the United States District Court for the Eastern District of New York in a criminal court case.

Published October 10, 2012 by

Topics: ,

[pdf] Confidentiality and Immigrant Victims: Responsibilities of Shelters, Rape Crisis Centers and Victim Services Providers (July 6, 2012) (+)

Information regarding shelter victim confidentiality and how state immigration legislation may impact domestic violence and shelter programs’ ability to comply with confidentiality requirements under state and federal law.

Published July 6, 2012 by

Topics: , ,

[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.

Published December 1, 2010 by

Topics: , , , , ,

Part of: ,

[pdf] Sample Plaintiffs’ Motion in Limine to Strike the Defendants’ Pleadings, Motions, and Advocacy for Pleadings and Motions for Violation of Federal Rule of Civil Procedure 11 (+)

Sample plaintiffs’ motion in limine to strike the defendants’ pleadings, motions, and advocacy for pleadings and motions for violation of federal rule of civil procedure 11. This sample includes a discussion of VAWA confidentiality and how Rule 11 sanctions may be applicable when opposing counsel is making threats of deportation or criminal prosecution of an immigrant crime victim during or before a civil trial.

Published 2009 by

Topics: ,

[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.

Published January 22, 2007 by ,

Topics: , , , , , ,

Tags:

[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.

Published February 4, 2006 by

Topics: , , , ,

[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.

Published n.d. by

Topics: , ,

[pdf] Offering a Helping Hand: Legal Protections for Battered Immigrant Women: A History of Legislative Responses (March 1, 2002) (+)

This article chronicles the legislative history of immigration protections afforded immigrant crime victims in the Violence Against Women Acts (VAWA) of 1994 and 2000, through the Battered Spouse Waiver, and through VAWA Confidentiality, the history and development of the VAWA self-petition, VAWA cancellation of removal, the battered spouse waiver, any credible evidence standard, VAWA confidentiality, benefits access for battered immigrant VAWA self-petitioners and cancellation/suspension applicants, the U-Visa, victim’s ability to obtain lawful permanent residency in the U.S. and Legal Services Corporation funded legal assistance are discussed in detail. This article collects and publishes information contained in documents developed during advocacy that led to the passage of federal immigration law legislation creating each of these protections.

Published March 1, 2002 by

Topics: , , , , , , , , , , , , , , , ,

[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.

Published May 6, 1997 by

Topics: , , , , , ,

[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.

Published September 30, 1996 by

Topics: , , , , , , , ,

[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.

Published n.d. by ,

Topics: , , , , ,

Tags: ,