Description
Violence Against Women Act (VAWA) confidentiality offers federal immigration law protections enacted to prevent perpetrators from learning about, interfering with, and obtaining information contained in survivors’ victim-based applications for immigration relief (VAWA, Battered Spouse Waiver, U and T visa cases). The faculty (judge, former prosecutor, family lawyer) will discuss how courts, prosecutors and attorneys should respond when offenders seek discovery of VAWA confidentiality-protected information in criminal, family, and civil court cases. Best practices for anticipating, preparing for, and addressing VAWA confidentiality discovery issues in a manner that promotes and protects victim safety and offender accountability will be highlighted. Attendees will receive up-to-date VAWA confidentiality case law; DHS policies, and practice pointers.
Faculty Presenters
- Jane Anderson, Attorney Advisor, AEquitas
- Hon. Mary F. Weir, 16th Judicial Circuit Court, MO
- Leslye Orloff, Director, National Immigrant Women’s Advocacy Project (NIWAP)
Referenced Materials
- DHS Infographic: Protections for Immigrant Victims
- USCIS Report: U Visa Demographics
- Court Decision Interprets VAWA Confidentiality Provisions
- Demaj v. Sakaj, 3:09 CV 255 (JGM), (D. Conn. Feb. 14, 2012)
- Amicus Curiae Brief EEOC v Koch Foods
- State v. Marroquin-Aldana
- People v. Alvarez Alvarez (California, 2014)
Useful Resources
State Justice Institute (SJI) and National Judicial Network Training Materials
Training Materials
- VAWA Confidentiality and Discovery Cases
- Quick Reference Guide for Judges: VAWA Confidentiality and Discovery Related Case Law
- Discovery and Use of Immigration Protected Information in Court Checklist
- VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information
- Quick Reference Guide for Prosecutors: U Visa and VAWA Confidentiality Related Case Law
- How to Argue or Rule on VAWA Confidentiality Protections in Discovery Involving Immigrant Survivors
- Court Rulings Confirm Federal VAWA Confidentiality Protections Bar Discovery of VAWA Confidentiality Protected Information in State Family Court Proceedings
Toolkits
- U Visa Certification and T Visa Declaration Toolkit for Federal, State and Local Judges, Commissioners, Magistrates and Other Judicial Officers
- U Visa Certification and T Visa Declaration Toolkit for Law Enforcement Agencies and Prosecutors (includes Q&A on Discovery)
VAWA Confidentiality and Immigration Protective Order Cases
- Walsh v. Unforgettable Coatings, Inc.
- Guillen v. B.J.C.R. LLC
- Molnar v. Margaret W. Wong Assocs. Co. L.P.A.
- Memorandum on People v. Alvarez
- US Equal Employment Opportunity Commission v SOL Mexican Grill LLC
- Washington v. Horning Bros. LLC
- Diaz Silvas v Horning Brothers Order Granting Protective Order
- Cazorla v. Koch Foods of Mississippi – 5th Cir
- Cazorla v. Koch Foods of Mississippi – 5th Cir
- Guardado v. State
- State v. Buccheri-Bianca
- Camayo v. John Peroulis Sons Sheep Inc.
- EEOC v. Dimare Ruskin Inc.
- Hawke vs. U.S. (U.S. District Ct. 2008)
- Avila-Blum v. Casa De Cambio Delgado Inc.
- EEOC v. Bice of Chicago
- EEOC v. First Wireless Group Inc.
- Rivera v NIBCO Inc.
- US v. Brown
- US v. Locascio
VAWA Confidentiality Briefs and Motions
- Sample Amicus Curiae Brief VAWA Confidentiality and Family Court Discovery
- Amicus Curiae Brief of Legal Momentum, Sanctuary for Families, and NIWAP
- Sample Victim’s 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 Motion for Protective Order Addressing VAWA Confidentiality Protections in Family Court Cases
- Amicus Curiae Brief of Legal Momentum in Hawke v. Department of Homeland Security
Bench Cards
- Family Court Bench Card on VAWA Confidentiality
- DHS Enforcement Priorities Information for State Court Judges
VAWA Confidentiality Statues, Regulations and Policies
- Three Prongs of VAWA Confidentiality
- Quick Reference: VAWA Confidentiality Protections: Quoting Statutes, Regulations and DHS Policies 3.29.19
- VAWA Confidentiality Protections for Immigrant Crime Victims (Webpage)
- Training Tools for Prosecutors on the U Visa, VAWA and Criminal Court Discovery
- Chapter 3.2: VAWA Confidentiality and Breaches of Confidentiality
- Chapter 3: VAWA Confidentiality, History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections
- Utilizing VAWA Confidentiality Protections in Family Court Proceedings
- Protecting Immigrant Victims: VAWA Offers Immigration Protections for Sexual Assault Victims (Delaware Lawyer’s Magazine)
- NIWAP Newsletter on VAWA Confidentiality
- NIWAP Newsletter on VAWA Confidentiality
Statute, Regulations, Policies and DHS Publications
- Interlineated VAWA Confidentiality Statute
- USCIS Policy Manual Chapter 7- Privacy and Confidentiality
- U-Visa Law Enforcement Resource Guide (Developed for all certifiers including judges)
- T-Visa Law Enforcement Resource Guide (Developed for all certifiers including judges)
- US Immigration and Customs Enforcement (ICE), Center for Countering Human Trafficking, Continued Presence Resource Guide (July 2021) (Providing VAWA confidentiality protection to trafficking victims receiving continued presence)
- DHS: Privacy Compliance Review of the Privacy Incidents Affecting Individuals Protected by Section 1367
- VAWA Confidentiality Complaint Process at DHS Civil Rights and Civil Liberties (CRCL)
- VAWA Confidentiality Statutes, Legislative History and Implementing Policy
- Spouses Battered or Subjected to Extreme Cruelty by A, E (3), H or G Visa Holders Are Eligible to Apply for Work Authorization VAWA Confidentiality protections for abused visa holder spouses.
- DHS Disclosure of Section 1367 Information to Law Enforcement Officials For Legitimate Law Enforcement Purposes
- Legislative History of VAWA (94, 00, 05), T and U-Visas, Battered Spouse Waiver, and VAWA Confidentiality
- All DHS VAWA Confidentiality Instruction
- DHS Disclosure of Section 1367 Information to National Security Officials for National Security Purposes Instruction
- DHS Disclosure of Section 1367 Information to National Security Officials for National Security Purposes Directive
- All DHS Directive on VAWA Confidentiality Implementation which included and explains the annual requirement for training taking the FLTEC and DHS developed on line course ‘VAWA Confidentiality and Immigration Relief
- DHS – Delegation of Authority to Issues Guidance and Implement VAWA Confidentiality 8 USC 1367
- DHS The Council on Combating Violence Against Women Instruction
- DHS Council on Combating Violence Against Women Directive
- Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs
- DHS Broadcast Code of Admission for VAWA confidentiality protected cases the DHS computerized red flag system for cases that have already been filed
- DHS Civil Rights Civil Liberties Complaint Instructions for VAWA Confidentially Violation Investigations
- U.S. Citizenship and Immigration Services, Department of Homeland Security: U Visa Regulations
- U Visa Regulations and Preamble Discussion of VAWA Confidentiality
- ICE and OPLA VAWA Confidentiality Operations Memos
- INA: Section 239 – Initiation of Removal Proceedings and VAWA Confidentiality
- HR 3402 House Judiciary Report: VAWA Confidentiality Legislative History
- Memorandum: Non-disclosure and Other Prohibitions Relating to Battered Aliens: IIRIRA §384
- Executive Office of Immigration Review EOIR: VAWA Confidentiality Procedures for Immigration Court
Webinars
- NCJFCJ VAWA Confidentiality and Protections for Immigrant Victims of Domestic Violence (October 31, 2017)
- VAWA Confidentiality: Understanding the Three Safeguards and Limited Discovery Exceptions When Advocating for Survivors in Family and Criminal State Courts (February 5, 2015)
- VAWA Confidentiality and Protections for Immigrant Victims of Domestic Violence (October 31, 2017)