Violence Against Women Act | Homeland Security
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Notice

This page and its contents reflect language used at the time of publication and may include terminology no longer used by the Department.

Violence Against Women Act (VAWA) Confidentiality Provisions at DHS

The Department of Homeland Security (DHS) and its components are committed to ensuring full compliance with the Violence Against Women Act (VAWA) and Department of Justice Reauthorization Act of 2005, Pub L. 109–162, 119 Stat. 2960 (2006). VAWA directly impacts the work of DHS and its components in several important ways:

  • VAWA’s confidentiality provisions generally prohibit disclosure to a third-party of any information relating to an alien who is an applicant for relief under VAWA, subject to certain, limited exceptions. See 8 U.S.C. § 1367 (a)(2) & (b).
  • VAWA’s confidentiality provisions prohibit DHS from using information solely from a spouse or parent who has battered the alien or subjected the alien to extreme cruelty, including any live-in family members of the alleged abuser, as the basis for arresting and charging an alien with removability, unless the alien has been convicted of certain serious crimes. See 8 U.S.C. § 1367 (a)(1).
  • VAWA’s confidentiality provisions require certification that the confidentiality provisions have been complied with when enforcement actions leading to a removal proceeding are taken at specified locations, such as domestic violence shelters, rape crisis centers, or courthouses. See 8 U.S.C. § 1229(e).

A clear, consistent means of reporting alleged violations by DHS employees of VAWA’s confidentiality provisions serves the interests of both DHS and the public. DHS has therefore established procedures for reporting alleged violations. Following these procedures will allow DHS to investigate and address complaints.

Last Updated: 12/15/2021
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