Today, the Department of Homeland Security (DHS) Council on Combating Gender-Based Violence (CCGBV) and U.S. Citizenship and Immigration Services (USCIS) commemorate the 30th anniversary of the Violence Against Women Act of 1994 (VAWA). This landmark legislation is one of the first comprehensive federal responses to addressing and preventing gender-based violence (GBV) in the United States, and specifically acknowledges the unique barriers that noncitizens victims of GBV face when trying to seek safety and assistance.
DHS is proud to support implementation of VAWA and its subsequent reauthorizations over the past 30 years, and to help prevent abusers and perpetrators of crime from exploiting a victim’s immigration status as way to maintain power and control. VAWA self-petitions allow noncitizen victims the ability to seek legal immigration status without having to remain in abusive relationships with a U.S citizen or legal permanent resident abuser. When VAWA was reauthorized in 2000, it included the Trafficking Victims Protection Act, which strengthened and improved protections for noncitizen survivors by establishing T visas for victims of human trafficking and U visas for victims of certain qualifying crimes like domestic violence, sexual assault, rape and other forms of GBV. These programs have helped thousands of noncitizen victims of GBV gain independence and security.
In 2021, Secretary Mayorkas directed DHS components, including USCIS, to incorporate a victim-centered approach into all policies, programs, and activities governing DHS interactions with victims of crime. This approach requires agencies to make every effort to minimize additional trauma to victims and improve access to immigration benefits and related protections.
The Council on Combating Gender-Based Violence and USCIS have implemented several initiatives since that Directive to ensure victims who encounter or are served by DHS programs, activities, and policies can support themselves and their families. Notably, over the last year, the Department:
Published a new final rule for T Visas. In 2024, USCIS improved access to protections and stabilized benefits for eligible victims of human trafficking through a final rule that clarifies eligibility and application requirements for T nonimmigrant status, including provisions to reduce potential barriers to victims; implements a modified bona fide determination process; and enables USCIS officers to adjudicate victims’ applications more efficiently. This final rule also improves the program’s integrity by clarifying the reporting and evidentiary requirements for victims of human trafficking, which will help law enforcement act on reports of suspected trafficking.
Implemented policy updates to support victim safety, autonomy, and expansion of customer service. In 2024, USCIS established specialized identity verification procedures to enhance victims’ customer service opportunities with USCIS. VAWA/T/U benefit seekers may now submit inquiries or request a service by calling the USCIS Contact Center or sending a secure message from their myUSCIS online account. USCIS also implemented new guidance on mailing address procedures to ensure VAWA/T/U benefit seekers receive correspondence from USCIS in a timely manner and can control which address USCIS uses for their cases. USCIS drafted new policy to expand access to customer service and online tools for those who previously filed VAWA/T/U benefits and subsequently naturalized. The policy explains that confidentiality provisions of 8 U.S.C. § 1367 terminate upon naturalization thus allowing previously protected persons access to customer service and online tools.
Developed resources combating gender-based violence. In 2023, the CCGBV developed and disseminated informational resources to combat GBV, including a CCGBV webpage that provides information about GBV, links to public resources and information about immigration options for survivors, and access to GBV flyers in 11 languages that describe forms of GBV and explain how to find confidential help.
Published a student toolkit on GBV. In the Fall of 2024, the CCGBV and the Department of Education will publish a student toolkit on GBV for international students attending colleges and universities in the United States. The toolkit provides an overview of GBV and information about specific types of GBV, including domestic or dating violence, sex-based harassment, stalking, online harassment and abuse, forced marriage, female genital mutilation/cutting, and human trafficking. It also has information about how GBV may affect students’ studies, immigration options for students who have experienced certain types of GBV, ways to report GBV and where international students can seek help if they witness or experience GBV.
Created a DHS Indigenous Languages Plan. In 2024, DHS drafted its first ever DHS Indigenous Languages Plan to strengthen language access for Indigenous migrants from Latin America who participate in DHS programs and activities. As part of this effort, CRCL also worked to identify language access considerations for women and girls. This plan, which marks a significant milestone in advancing language access at DHS, directly supports the focus of the Violence Against Women Act by reducing language barriers for victims seeking support. On this anniversary, DHS and USCIS reaffirm our commitment to combating all forms of GBV, including domestic violence, sexual violence, stalking, forced marriage, female genital mutilation or cutting, and more. Visit the Combating Gender-Based Violence webpage and follow DHS on Facebook, Instagram and X (formerly Twitter) for updates on our work on GBV and other important issues.