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An Online Resource Library on Gender-Based Violence.

Legal protections

The documents included in this section provide information about legal provisions, mainly immigration provisions in the Violence Against Women Act (VAWA), immigration laws, and international laws that offer protection and assistance to immigrant survivors of domestic violence. Please note that some of the documents in this section may become dated over time because laws and regulations tend to change. For current resources, please consult the expert organizations listed at the end of this collection.

"In the U.S., victims of crime, regardless of their immigration or citizenship status, can access help from law enforcement or the courts, as well as help provided by government or non-governmental agencies, which may include counseling, interpreters, safety planning, emergency housing and possibly monetary assistance" (U.S. Citizenship and Immigration Services).

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Violence Against Women Act (VAWA)
The Violence Against Women Act of 1994 (reauthorized in 2000, 2005, and 2013) is federal legislation that includes special protections that enable immigrant victims of domestic violence, sexual assault, dating violence, and stalking to seek immigration relief. Immigrant survivors who have been able to access these protections may also be eligible for some forms of public assistance.

"While these immigration remedies can provide a critical pathway to safety for many immigrant survivors, the reality is that most immigrant victims of domestic violence, sexual assault, stalking, and trafficking are unable to learn about their rights and access these protections unless they are able to obtain the assistance of a trained advocate, as well as additional supportive services that are trauma-informed and linguistically accessible. Therefore, domestic violence and sexual assault service providers play a critical role in providing a life-changing bridge to safety and well-being for immigrant survivors and their children" (Hidalgo, 2017).

Violence Against Women Act protections for immigrant survivors of domestic violence continue in full force and effect and are not affected by the 2018 domestic violence asylum policies issued by the U.S. Department of Justice

According to this fact sheet from NIWAP, the new decision from the Department of Justice does not affect the ability of immigrants in the United States who experience domestic violence or are victims of other crimes to seek immigration relief Congress created to provide relief to victims of domestic violence and other crimes.

DHS Infographic: Protections for Immigrant Victims

This infographic produced by the U.S. Department of Homeland Security offers an overview of crime victim based legal protections for adult and child immigrant victims. It covers immigration relief for victims who suffer victimization in the U.S. and/or abroad.

VAWA 2013 and TVPRA: What Practitioners Need to Know

The Violence Against Women Reauthorization Act of 2013 (VAWA 2013), combined with the Trafficking Victims Protection Reauthorization Act (TVPRA), was signed into law on March 7, 2013. This practice advisory provides an overview of substantive changes and technical fixes both in VAWA and TVPRA as well as practice pointers for attorneys and advocates on how to work with these new changes.

Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-based Visa Fact Sheet

This website provides information about domestic violence and legal rights of immigrant women married to a US citizen. It suggests that immigrant women call the police if they or their children are in danger. The website also includes information about services available to immigrant survivors. The second part of this website gives information about immigration options for survivors.

Factsheet: The Violence Against Women Act

This fact sheet presents information on how VAWA has improved criminal justice response to gender-based violence, improved access to services, and created positive changes.

Immigration Relief for Victims of Abuse and Domestic Violence

This Handbook outlines immigration remedies for non-citizen victims of domestic violence and sexual assault. It is intended to aid attorneys who typically practice family law and have experience working with domestic violence victims. The Handbook hopes to aid such practitioners in expanding their services to those victims who also need legal help with their immigration issues.

U visa
The U visa was created by Congress during the reauthorization of VAWA in 2000. It is an immigration remedy that can be sought by victims of certain crimes, including domestic violence and sexual assault, who are currently assisting, previously assisted, or are willing to assist law enforcement in the investigation or prosecution of a designated crime. It provides a non-immigrant visa for qualified victims to reside in the United States for four years and the opportunity to apply for Legal Permanent Residency after three years as a U visa holder.

U Visa for Crime Victims

This page provides information about U visa, including what this visa is, who can be its principal applicants, grounds for inadmissibility, and costs for its application.

U Visa Law Enforcement Certification Resource Guide

The Department of Homeland Security (DHS) provides this guidance to federal, state, local, tribal and territorial law enforcement officers. This public guidance primarily concerns law enforcement certifications for U nonimmigrant status, also known as U visas. The U visa is an immigration benefit that can be sought by victims of certain crimes who are currently assisting or have previously assisted law enforcement in the investigation or prosecution of a crime, or who are likely to be helpful in the investigation or prosecution of criminal activity.

VAWA Confidentiality
Abusers often attempt to exert power and control over immigrant victims by trying to undermine the victims' ability to seek VAWA immigration protections, or by trying to trigger immigration enforcement actions against the victim, or track them using the immigration system. In response, Congress created federal VAWA confidentiality laws in order to provide protections for immigrant survivors submitting an application for a VAWA self-petition, U visa, or T visa. Federal VAWA confidentiality was designed to protect against disclosure of information about these cases to an abuser or to an unauthorized third party, and to prevent the Department of Homeland Security (DHS) from relying solely on information provided by the perpetrator or their family members. It also limits DHS enforcement activities against immigrant survivors at certain protected locations.

Frequently Asked Questions about U.S. Federal Laws and Confidentiality for Survivors

This piece addresses common confidentiality questions about several U.S. federal laws that may impact survivors. It highlights key confidentiality and privacy provisions in the 2013 reauthorization of the Violence Against Women and Department of Justice Reauthorization Act and the 2010 reauthorization of the Family Violent Prevention Services Act.

Three Prongs of VAWA Confidentiality

This brochure summarizes the three prongs of VAWA confidentiality (Disclosure Limitations, Source Limitations & Enforcement Limitations) for advocates and attorneys, including information on best practices and complaint instructions.

VAWA Confidentiality Protections for Immigrant Crime Victims

VAWA confidentiality was designed to enhance protection for immigrant crime victims in several significant ways. This page provides information and resources related to VAWA confidentiality and courthouse protections for immigrant victims of domestic violence, sexual assault, human trafficking and other U Visa criminal activities.
International Laws