The immigration-related remedies for survivors of crime, and the corresponding federal immigration VAWA confidentiality laws, are designed to remove immigration status as a barrier to survivors accessing the help they need. They are also intended to encourage survivors to report to and cooperate with law enforcement and criminal prosecutions. The Victim Rights Law Center (VRLC)1 and the National Immigrant Women’s Advocacy Project (NIWAP)2 developed these FAQs (and a companion tip sheet) to help attorneys understand and navigate the VAWA confidentiality protections in federal immigration law when representing survivors of sexual assault, domestic violence, sex trafficking, dating violence, and stalking who are seeking protection from deportation and other immigration relief.
Topic: VAWA Confidentiality Training Materials
[pdf] The Violence Against Women Act (VAWA): Tips to Protect the Privacy of Immigrant Survivors (January 2023) (+)
The Victim Rights Law Center (VRLC)1 and the National Immigrant Women’s Advocacy Project (NIWAP)2 developed these tips (and a companion set of FAQs) to help attorneys understand and navigate the VAWA confidentiality protections in federal immigration law. The tips are intended to help you promote the safety, privacy, and healing of survivors of sexual assault, domestic violence, sex trafficking, dating violence, and stalking.
[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] VAWA Confidentiality Protections, Courthouse Enforcement, and Sensitive Locations Policies at a Glance (December 27, 2021) (+)
This tool assists judges, courts and attorneys in determining the applicability of VAWA confidentiality protections, DHS policies on protected areas, and DHS courthouse enforcement policies to cases involving immigrant survivors of crime and abuse, particularly victims of domestic violence, child abuse, sexual assault, stalking, human trafficking and any U visa covered criminal activity. It assists courts in designing court orders including protection orders and visitation exchange and helps attorneys and victim advocates safety plan.
[pdf] VAWA Confidentiality Courtroom Scenario (+)
Case Scenario for VAWA Confidentiality Training.
[pdf] Training Michigan Judicial Institute – VAWA Confidentiality Discovery and Courthouse Enforcement (+)
[pdf] Harvard 2018: Advocacy in Times of Crisis (+)
This panel at the Harvard Immigration Project Symposium covered how an immigrant crime victim’s ability to seek help or participate in the justice system can be impacted in times of increased immigration enforcement. It also discussed deportation and removal protections for crime victims and witnesses under laws such as VAWA Confidentiality and the ICE Courthouse […]