Policy Updates

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Policy Update: NTF and AIS Oppose Possible Resumption of “Callous, Dehumanizing” Family Detention Policy

March 2023 — On March 10, 2023, the Steering Committee of the National Task Force to End Sexual and Domestic Violence (NTF) and the Alliance for Immigrant Survivors (AIS) sent a letter to the White House, the U.S. Department of Homeland Security (DHS), and select members of Congress to express our opposition to the possibility, as reported in The New York Times, that DHS may re-institute the practice of of detaining migrant families.

In our letter, we shared “our deep disappointment in the news that your administration is considering reviving the detention of immigrant families, a callous, dehumanizing policy that you previously condemned.” We know from experience the detrimental impacts detention can have on survivors and their families:

“As we witnessed during the Obama administration, the detention of adult and child survivors of sexual and domestic violence is re-traumatizing in and of itself. The intense restrictions and disciplinary rules and verbal and sexual abuse inside the facilities, combined with the arbitrary, indefinite, and prolonged nature of detention, inflict lasting physical and psychological harm, including serious symptoms of retraumatization for survivors of violence.”

The NTF and AIS denounce this practice and urge the Biden administration, along with many other service and advocacy organizations, to reject it wholeheartedly, “and to instead adopt approaches that recognize the inherent human dignity of immigrant survivors of violence, their children, and all immigrants.”

Please share our letter on Twitter and, for more information, see statements from AIS Co-Chair organizations:

• ASISTA Calls on Biden Administration to Reject Reinstating Detention of Migrant Families

• Tahirih Condemns Possible Reinstatement of Family Detention

Policy Update: New DHS Guidance Regarding Immigrant Workers and Protection from Deportation

February 2023 — For far too many undocumented workers in America, the threat of deportation looms when faced with the dilemma of whether or not to report workplace abuse, including poor conditions, exploitation, or wage theft. When immigrant workers can speak freely about unsafe or exploitative work environments, we will raise the standards for all workers as well as employers who play by the rules.

On January 13, 2023, the Department of Homeland Security (DHS) released new guidance that would allow immigrant workers to apply for temporary protection from deportation and potentially extend them work permits if they are victims of, or witnesses to, harm, discrimination, or exploitation which includes sexual assault and sexual harassment, or human trafficking in the workplace.

While this process doesn't provide a direct path to long-term status, it allows workers who are also pursuing U and T immigration status to have short-term protection from immigration enforcement and apply for work authorization while applications are pending.

The Alliance for Immigrant Survivors has created a resource, New DHS Guidance Regarding Immigrant Workers and Protection from Deportation, to help inform immigrant workers and their advocates and we invite you to help us share it widely. En Español: Actualización de política: Nueva guía del DHS con respecto a los trabajadores inmigrantes y la protección contra la deportación

For more information, also see these helpful resources from The National Immigrant Law Center (NILC):

• NILC labor guidance resource list: a living document that NILC will update to include relevant agency documents, know-your-rights materials, and other useful resources

• NILC FAQ: learn more about the forms needed to submit and other questions you may have about this process

The AIS Top 5 Priorities

We have 5 top asks this legislative session, one being to lift the cap on the number of U visas annually available – currently limited to 10,000 – to meet the need. Survivors are experiencing egregious delays in the processing of their U visas. Currently there are nearly 270,000 individuals with pending U visa matters, and the processing times just to place these cases on the waitlist is over five years. These significant delays, coupled with lack of access to financial resources, can subject survivors and their families to additional risks of violence, exploitation, manipulation, and trauma. Secondly, to fund USCIS to ensure they can grant timely employment authorization to VAWA self-petitioners, U and T visa applicants. Work authorization is essential to ensuring immigrant survivors can access safety and take care of themselves and their families. USCIS should at least double the number of U visa adjudicators to meet the need.

Prevent detention and deportation of survivors seeking asylum and eligible VAWA self-petitioners, U and T visa applicants. No survivor should fear detention or deportation in seeking a pathway to safety and security for themselves and their families. As well as demanding that Congress explicitly include survivors of gender-based violence in asylum law. Right now, many survivors of violence are denied protection from persecution because the law does not clearly state that they qualify. Congress and the administration can change that by naming gender-based persecution as a reason for protection. We need to ensure access to economic supports for immigrant survivors. Economic resources play a critical role in immigrant survivors’ ability to seek safety and stability. This includes a permanent and inclusive expansion of the Child Tax Credit and lifting the five-year bar on access to public benefits like Medicaid for immigrant communities.

The Violence Against Women Act (VAWA) Reauthorization 2022

President Biden signed into law the Violence Against Women Act (VAWA) Reauthorization Act of 2022, bipartisan legislation passed by Congress as part of the Omnibus appropriations package. The 2022 Reauthorization of VAWA strengthens the law to better serve the needs of survivors by improving services for survivors, including economic and housing resources, community-based restorative practices, and culturally-specific services, and addressing to the needs of diverse populations, such as LGBTQ individuals, people with disabilities, and young people. VAWA also improves the criminal justice and civil legal response, and increases access to safety and justice for Indigenous survivors. 

We are also excited to share that this VAWA reauthorization increases authorized funding levels for culturally-specific services, creates a new OVW advisor on culturally-specific communities, and creates a new LGBTQ-specific grant program. To implement the new VAWA bill, in President Biden’s proposed budget for FY 23 includes requests for significant increases for VAWA programs. AIS will continue advocating for critical protections for immigrant survivors!

The LIFT the BAR Act

The LIFT the BAR Act, HR 5227, introduced by U.S. Representative Pramila Jayapal (D-WA) and other cosponsors, restores access to federal assistance programs like Medicaid, CHIP, and SNAP, by removing the five-year bar and other barriers that deny critical care and aid to people who are lawfully present. This includes people with “green cards,” Deferred Action for Childhood Arrivals, crime victims, COFA migrants, child maltreatment victims and orphans who hold Special Immigrant Juvenile Status (SIJS), and other noncitizens residing lawfully in the United States. See this API-GBV resource for more information on how this bill will help immigrant survivors!

The Immigrant Witness and Victim Protection Act

The Immigrant Witness and Victim Protection Act, H.R. 6078, introduced by Representative Jimmy Panetta, aims to safeguard and improve existing protections for immigrant survivors in order to help them achieve safety and justice. The bill reflects several of AIS’ key asks, including eliminating the U Visa annual cap, providing work authorization to survivors while their VAWA self-petitions, U and T visa applications are pending, preventing survivors of being deported before adjudication, and limiting detention for survivors with pending cases. Read more about the bill on our website.

Public Charge

U.S. Citizenship and Immigration Services (USCIS) updated its inter-agency letter on public charge, which underscores that the last Administration’s regulations, which expanded the application of the public charge ground of inadmissibility to more people, are no longer in effect. The letter includes a clarification of which public programs will not be considered in a public charge determination, specific language on the various statuses that are statutorily exempt from public charge, and information about USCIS’ ongoing and planned outreach efforts. Stay up-to-date by visiting AIS’ page on public charge!

Recent DHS Memos

• DHS issued a new “Protected Areas” guidance related to immigration enforcement in specific locations. Replacing prior 2011 Sensitive Locations guidelines, the new policy provides guidance for U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) civil immigration enforcement actions in or near areas that require special protection, including places where survivors of domestic violence and sexual assault often go, including victim services programs, health care facilities, and other social services organizations. See ICE’s FAQ on the policy for more information.

• DHS released a new memo directing ICE, CBP, and USCIS to limit mass worksite enforcement actions and strengthen efforts to address workplace safety violations, including sexual harassment, abuse, and human trafficking. The policy intends to create protocols to reduce the fear of retaliation through immigration enforcement against vulnerable immigrant workers who are organizing or seeking to improve working conditions and enforce workplace safety laws.

• On September 30, DHS released guidance on Civil Immigration Enforcement Priorities, which DHS began implementing on November 29, 2021. The memo focuses on three broad categories of noncitizens for enforcement action: those who are a threat to national security, public safety, and border security. In assessing those cases which might pose a current threat to public safety, the memo instructs DHS officers to look at the totality of facts and circumstances, including looking at whether an individual who has a criminal conviction may be a victim or witness, or a party in an ongoing legal proceeding. The border security guidance identifies as priorities those who were not present in the United States before November 1, 2020. 

Recent USCIS Memos

• USCIS announced that it is issuing updated policy guidance in the USCIS Policy Manual regarding applications for T visas. This new guidance provides updated and consolidated information on eligibility requirements, admissibility determinations, evidentiary standards, burdens of proof, travel considerations, and confidentiality protections for T visa applicants. It also clarifies the age-based exemption from the requirement to comply with reasonable requests for assistance from law enforcement.

• USCIS mistakenly rejected certain applications for employment authorization (Form I-765, Application for Employment Authorization) from petitioners for U nonimmigrant status that were filed without a fee (or request for fee waiver) from June 14 through Sept. 29, 2021. USCIS also mistakenly accepted fees where certain petitioners for U nonimmigrant status unnecessarily submitted a fee with their Form I-765. USCIS is tracking this issue and states they are committed to correcting errors and expects to issue refunds by March 22, 2022. USCIS webpages for Form I-765 and Form I-918 have additional information and instructions. 

New DHS Guidelines for Enforcement Actions in or Near Protected Areas

The Department of Homeland Security issued a new “Protected Areas” guidance related to immigration enforcement. Replacing prior 2011 Sensitive Locations guidelines, the new policy provides guidance for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) civil immigration enforcement actions in or near areas that require special protection. The new policy takes effect immediately and applies nationwide. The policy provides a broader, though non-exhaustive, list of locations where immigration agents are limited in conducting enforcement actions, including places where survivors go, such as domestic violence shelters, victim services centers, family justice centers, and other locations providing social services and emergency relief. This builds on statutory protections afforded under 8 USC §1367 and 8 USC §1229(e) for victims of domestic violence and other crimes.

AIS applauds this important step in preventing the harm that increased immigration enforcement caused to immigrant survivors during the prior administration, and urges the administration to act quickly to fully implement this policy and ensure that ICE and CBP personnel are trained on the policy. See ICE's Frequently Asked Questions about the new policy, including accountability and enforcement.

Advocates Urge DHS to Craft a Public Charge Rule that Addresses the Needs of Survivors

The last administration’s racist, harmful changes to the public charge rule instilled a culture of fear that prevented many immigrant communities from accessing essential economic and healthcare benefits. Thanks to the Biden Administration and the tireless work of countless advocates, the rule is no longer in effect. Now, we must ensure that new regulations lessen the harm of the public charge rule and better shield families from potential attacks from future administrations. Recently, the Department of Homeland Security (DHS) published an Advance Notice of Proposed Rulemaking (ANPRM) on public charge in the Federal Register, the Biden administration’s first step to issuing final regulations. After DHS reviews the responses to the ANPRM, we can expect a Notice of Proposed Rulemaking (NPRM), proposing specific changes to public charge policy and again offering an opportunity to comment. The last step would be publication of a Final Rule, incorporating stakeholder comments and hopefully cementing a more responsible regulatory policy on public charge. Keep in mind, until a final rule is issued, DHS will continue to follow the public charge policy in the 1999 Field Guidance.

On October 22, 2021, AIS sent a letter signed by 76 organizations in response to the Department of Homeland Security’s (DHS) Advanced Notice of Proposed Rulemaking Inadmissibility on public charge grounds. Stay up to date through AIS’ page on public charge.

DHS and DOJ Release NPRM on Asylum Process

The Department of Homeland Security (DHS) and Department of Justice (DOJ) posted a Notice of Proposed Rulemaking (NPRM) that, if adopted, would reshape the process for individuals seeking asylum in the U.S. While the proposed rule would have some positive impacts on immigrant survivors of gender-based violence, some aspects of the proposed rule continue to cause harm. For example, the proposal would lead to many asylum seekers being rushed through a “streamlined” system where they do not receive a full hearing on their claims and where their due process rights are greatly reduced. To learn more about creating a clearer pathway to asylum for survivors of gender-based violence, see Tahirih’s recent report, Ensuring Equal and Enduring Access to Asylum, that takes an in-depth look at the proposal to add gender as a sixth ground of asylum in the U.S.

ICE Survivor-Centered Enforcement Policy Directive

On August 10, 2021, ICE Issued a new agency directive superseding guidance from 2019 regarding stay of removal requests and removal proceedings involving U visa petitioners. The Directive outlines new policies and procedures regarding exercising prosecutorial discretion for victims of crime, including those eligible for victim-based immigration relief (including VAWA self-petitions, U and T visas, and SIJS) as well as victims and witnesses who are assisting in investigations or prosecutions. ASISTA's Policy Alert provides an overview of the new directive and identifies areas in which additional clarification or further advocacy may be required.

USCIS Reaches Settlement on Former “No Blank Space” Rejection Policy

U.S. Citizenship and Immigration Services reached a settlement agreement in the case of Vangala et al. v. USCIS et al., No. 4:20-cv-08143(N.D. Cal.). The agreement allows certain individuals to receive updated receipt dates for resubmitted immigration benefit applications or petitions originally rejected under the former “No Blank Space” rejection policy. The full details of required documentation and filing addresses for each scenario can be found in the settlement agreement and at the webpages for Form I-589 and Form I-918. USCIS encourages affected individuals to review the settlement agreement for specific information about resubmitting their application or petition or requesting an original receipt date.

USCIS previously announced that they are discontinuing the senseless and cruel policy of rejecting survivor-related applications simply for leaving, often irrelevant, spaces on forms blank. The blank space policy has been called Kafkaesque. Absurd. Nonsense. Frightening and ridiculous and awful. We agree. It was yet another way the last Administration used bureaucracy to limit access to protections for immigrant survivors. AIS pushed back, led by two of our Co-Chair organizations, ASISTA and Tahirih Justice Center, educating and engaging advocates through a practice advisory, holding webinars, and getting 146 organizations to support a letter urging then Acting USCIS Director Kenneth Cuccinelli to rescind the policy.

ICE Announces Updated Policy to Support Noncitizen Victims of Crime

We appreciate the efforts U.S. Immigration and Customs Enforcement (ICE) is making to support immigrant survivors, including an announcement of an updated policy to support noncitizen victims of crime. ICE will help victims seek justice and facilitate access to immigration benefits for noncitizens who have been victims of crime. This new policy is designed to improve victims’ ability to seek justice against perpetrators of crime, including in cases of human trafficking. This new directive stems from the ICE leadership memorandum issued July 30, 2021, to review agency, directorate, and program office policies, procedures, guidance and resource needs to ensure that our activities are carried out through a victim-centered approach. Read more.

The Department of Justice Vacates Matter of A-B, a Critical Step for Immigrant Survivors Seeking Asylum

The Department of Justice vacated Matter of A-B-, a decision that cruelly denied access to asylum for thousands of survivors of domestic violence. In 2018, former Attorney General Jeff Sessions issued his decision in Matter of A-B- to overturn legal precedent and make it much more difficult for survivors fleeing gender-based persecution to receive asylum. DOJ’s decision to vacate is a critical step to ensure that gender-based violence is recognized as a human rights abuse and survivors have legal access to safety and justice. You can read more from AIS Co-Chair Tahirih Justice Center.

Associate Attorney General Vanita Gupta also issued a memorandum to the Civil Division, instructing it to review related cases pending in the courts of appeals and take appropriate action, including seeking remand to allow the Board to reconsider the asylum claims based on Attorney General Garland’s decisions. We are encouraged by these legal developments and look forward to continue to work together to ensure that all survivors can access asylum.  

Statement and Action: AIS Applauds USCIS Policy Update on Work Authorization; Focuses on Congressional Appropriations for Implementation

The U.S. Citizenship and Immigration Services (USCIS) released a new policy alert announcing work authorization for U visa petitioners who present a bona fide case.  The Alliance for Immigrant Survivors applauds this momentous step forward and action on one of our longstanding asks. Now, we are focusing our efforts on ensuring that USCIS is equipped to implement this policy.

See our latest statement and ways to take action!

DHS Announces New Guidance for ICE and CBP Enforcement In or Near Courthouses

The Department of Homeland Security (DHS) announced new guidance to limit Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) civil enforcement actions in or near courthouses. According to the new guidance, a civil immigration enforcement action may be taken in or near a courthouse only in certain limited instances. Limiting ICE and CBP civil enforcement actions in or near courthouses has been a longstanding ask of the Alliance for Immigrant Survivors. We know that many immigrant survivors of domestic and sexual violence are often too afraid to go to court to get help. Recent survey results showed that 3 out of 4 advocates report that immigrant survivors have concerns about going to court for a matter related to the abuser/offender and 52% of advocates worked with immigrant survivors who dropped civil or criminal cases because they were fearful to continue with their cases.

We’d love to hear from you about your experiences with this new policy. If you’re witnessing situations or hearing that ICE is not following this policy in your area, please let us know by contacting us at info@immigrantsurvivors.org so that DHS can do more outreach with local ICE officials.