Evidentiary Protections and Confidentality

VAWA contains critical provisions that protect survivor's information, and limits the ability of decision makers to make adverse decisions based solely on information provided by an abuser.  Below please find resources on these essential protections, including how to address violations of these provisions in your case.

    Statutory and Agency Guidance

    Implementation of Section 1367: Information Provision Instructions (November 2013)

    This instruction applies throughout DHS, particularly those employees who work with applicants for victim-based immigration relief or who have access to protected information, such as United States Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP).

    8 USC 1367 Violation Reporting (March 2011)

    This document contains information regarding to penalties for disclosure of information relating to battered or abused immigrants as well as use of information obtained from batterers and their families. It also provides contact information to report violation of VAWA confidentiality.

    ICE Memorandum on VAWA Privacy Provisions (January 22, 2007)

    This ICE memo provides interim guidance concerning the expanded confidentiality protections of the VAWA 2005 and the legislation's requirements that ICE issue a certificate of compliance in certain circumstances.

    First INS 384 Memo 8 USC 1367: Non-Disclosure and Other Prohibitions Relating to Battered Aliens: IIRIRA 384 (May 5, 1997)

    This first INS memo on the special confidentiality provisions and protections against using information from abusers remains the best government document on this issue. Read along with 8 USC 1367 and other documents in this section.

    EOIR Ethical Conduct

    EOIR Professional Conduct for Practitioners 

    Professional Conduct for Practitioner: 8 CFR § 1003.102 - Grounds.