Reauthorization of the Violence Against Women Act (VAWA) of 1994

Intimate partner violence (IPV) is pervasive in the United States and globally. It is an equal opportunity crisis that knows no boundary. It permeates every demographic group and is no respecter of socio-economic status, race, ethnicity, nationality, creed, political opinion, gender identification, sexual orientation, age, disability, and immigration status. It is a monster and “silent” killer whose survivors tend to live in the shadows because of how much it dehumanizes, demeans, disempowers, humiliates, shames, frightens, threatens, and endangers them. It is highly likely that most readers of this article have personally experienced or know someone who has experienced an incident of intimate partner violence.

The steadily rising incidents of gun and intimate partner violence in the early 1990s provided the impetus for Violent Crime Control and Law Enforcement Act of 1994, a bipartisan and historic piece of legislation, signed into law by President Bill Clinton on September 13, 1994. Section IV of the law, known as Violence Against Women Act (VAWA), which included a sunset date and a reauthorization provision, was then and still is, perhaps, its most significant and impactful component. It included a provision that enhanced the penalty for repeat offenders who commit state crimes involving intimate partner violence, such as aggravated sexual abuse, sexual abuse, or abusive sexual contact. In addition to any other authorized civil or criminal penalty, VAWA also required all offenders to pay restitution to their victims. Furthermore, it provided non-monetary and multidisciplinary resources and services, as well as funding for the prosecution, enforcement, and reduction of violent crimes against women. VAWA (1994) also provided funding for National Domestic Violence Hotline and the enforcement of interstate violation of protection order. It provided funding for battered women’s shelters; provided confidentiality for abused persons; and provided for the protection of “the civil rights of victims of gender-motivated violence.”

The Violence Against Women Act of 1994 also amended United States immigration laws by including provisions that enabled eligible foreign-born spouses of abusive United States citizens and their children, as well as eligible spouses and children of lawful permanent Residents (LPRs) to become lawful permanent residents (LPRs), through a two-step process: filing VAWA petitions for immigrant classification on behalf of themselves and their children and upon approval, filing applications to adjust status for themselves and their children. Furthermore, it protected certain eligible spouses or children of United States citizens from removal (deportation) from the United States.

VAWA was reauthorized in a bipartisan manner in 2000, 2005, and 2013, each time with additional, significantly improved humanitarian provisions that reduced the self-petitioners’ burden and increased their access to services, resources, and immigration benefits (in terms of relaxing eligibility determination requirements and providing interim immigration benefits such as employment authorization during the pendency of their self-petitions). Victims of Trafficking and Violence Prevention Act of 2000 enabled eligible foreign-born victims of severe trafficking to access multidisciplinary services and immigration benefits (including, but not limited to a new category of non-immigrant visa designated as the T visa), regardless of their immigration status. VAWA 2000 also included provisions that enabled eligible foreign-born intended spouses or children of U.S. citizen employees of the United States Government or members of the uniformed services living abroad, who were battered or suffered extreme cruelty by their U.S. citizen spouses or parents to become lawful permanent residents through the VAWA self-petition (two-step) process. Furthermore, it included provisions that enabled eligible foreign-born spouses, intended spouses, and children of lawful permanent residents (LPRs) who were battered or suffered extreme cruelty by their LPR spouses or parents to become lawful permanent residents through the VAWA self-petition (two-step) process.

VAWA of 2000 included provisions that enabled eligible foreign-born nationals to obtain benefits such as deferred action, work authorization, and access to naturalization (for divorced victims of intimate partner violence)and excepted them from being deemed inadmissible on grounds of public charge. It also enabled eligible foreign-born victims of intimate partner violence to obtain U (non-immigrant) visas if they cooperated with law enforcement officers or prosecutors in the prosecution of their U.S. citizen or LPR abusers.

The Violence Against Women Act and Department of Justice Reauthorization Act of 2005 (VAWA 2005) was enacted on January 5, 2006. It included provisions that enabled foreign-born victims of sexual abuse or trafficking to access legal services and immigration relief. VAWA 2005 also included provisions for preventing interstate stalking and cyberstalking (stalking by means of telecommunication device or software) and enforcing the laws against interstate stalking and cyberstalking. Furthermore, it included provisions for culturally and linguistically specific services for victims of sexual abuse or trafficking.

Moreover, VAWA 2005 included provisions that enabled immediate relatives of eligible foreign-born victims of sexual abuse or trafficking to be granted derivative visas whether they were in the United States or following to join. It also included provisions that enabled eligible foreign national victims of sexual abuse or trafficking to access immigration benefits such as employment authorization, confidentiality and non-disclosure, and extension of the duration of their T or U visas.

The Violence Against Women Reauthorization Act was reauthorized on March 7, 2013. It included provisions that exempted eligible foreign-born immediate relatives of foreign-born victims of sexual abuse, sexual exploitation, or trafficking from being disqualified for immigration benefits on grounds of public charge and enabled those of them who were under 21 years at the time of filing to continue to be so classified after turning 21. In addition, eligible spouses of United States citizens who suffered abuse or extreme cruelty by their U.S. citizen spouses and their children, and eligible spouses of LPRs who suffered abuse or extreme cruelty by their LPR spouse and their children were no longer required to meet the hardship requirement for VAWA self-petitions. Furthermore, VAWA 2013 enabled intended spouses or fiancées of U.S. citizens who suffered abuse or extreme cruelty by their U.S. fiancés to access interdisciplinary services and immigration benefits including, but not limited to, the two-step VAWA self-petitions.

VAWA 2013 was to expire on September 30, 2018 but was temporarily reauthorized until December 7, 2018. It was extended again until December 21, 2018, and yet again after the government shutdown and ultimately, expired on February 15, 2019. VAWA was not reauthorized thereafter due to partisan disagreement about the inclusion of the “boyfriend loophole” provision and failure to include funding for building the wall on the U.S. – Mexico border.

VAWA 2022 (to be cited as the “Consolidated Appropriations Act, 2022”) was reauthorized, on March 15, 2022, and should be reauthorized in 2027. It increases funding for culturally and demographically specific communities and expands the types and range of conduct that constitute domestic or intimate partner violence to include former and current spouses, social, and intimate partners. Cybercrimes, technology crimes and economic crimes committed by domestic or intimate partners are a few examples. The recently reauthorized VAWA is more inclusive in terms of identifying specifically underserved communities (including foreign-born nationals) who may access various legal protections, services and resources.

The exact number of people, especially, foreign-born nationals, inside or outside the United States who suffered irreversible harm such as: physical injury; emotional or mental trauma; loss of lawful immigration status; economic loss; and death, due to incidents of intimate partner violence before VAWA 1994 is not known. Similarly, the exact number of people, especially foreign-born nationals, in or outside the United States who have been spared from irreversible harm such as physical injury; emotional or mental trauma; loss of lawful immigration status; economic loss; and death as a direct result of VAWA is unknown.

However, it is estimated that between 1.3 million and 5.3 million women in the United States experience intimate partner violence every year. This estimate does not include other segments of the United States population (such as children, men, members of LGBTQ+) who experience domestic or intimate partner violence every year.

Violence Against Women Act Reauthorization Act of 2022 funds various interdisciplinary services, resources and programs, as well as culturally and demographically specific services and resources for survivors. Attorneys, regardless of their areas of practice, can help survivors access appropriate services by incorporating into their client intake or initial consultation an inquiry about domestic or intimate partner violence history. It is also crucial that they adopt a cooperative, collaborative and comprehensive approach to working with their clients. For instance, family lawyers could collaborate with immigration lawyers, prosecutors, other law enforcement officers, health care providers, trauma-informed and culturally competent care providers to ensure that survivors of domestic or intimate partner violence receive appropriate care and support services while navigating divorce and related matters in family courts or their self-petitions with Department of Homeland Security. This type of approach could save and stabilize the lives of survivors of domestic or intimate partner violence.