By Alicia M. Atteberry
For many in the immigrant community, and for those of us who work in immigration law, anxiety is high following the reelection of Donald Trump. The rhetoric coming from him and his campaign toward the immigrant community has been harsh, to say the least. He has promised to make immigration one of his top priorities, and stated that he plans to issue executive orders on day one of his second term that would fundamentally change the United States immigration system. These changes could impact U.S. immigration policy across the board, affecting people of all nationalities, as well as the availability and processes for many different types of visas and immigration benefits.
At Eagan Immigration, we specialize in saying “Yes, we can!” where other immigration attorneys have told our clients, “No, you can't.” None of that has changed. No matter what happens, Eagan Immigration will work on solutions and strategies to keep saying “Yes!” to our current and future clients. We are committed to defending our clients no matter what comes. Many of our clients are applying for immigration benefits based on two specific laws: the Violence Against Women Act (VAWA) and the Trafficking Victims Protection Act (TVPA). Here is what we know about how the incoming administration could affect those types of applications.
What are VAWA and TVPA?
The Violence Against Women Act (VAWA), (which stands for its acronym in English) was first introduced for consideration in 1990 by then-Senate President Joe Biden. VAWA was intended to provide resources for battered women, introduce new guidelines on how law enforcement would handle domestic abuse, and spark a national conversation that would change prevailing attitudes about sexual violence and domestic abuse. The legislation was ultimately passed in 1994, becoming law. VAWA included provisions for non-citizens, who are particularly vulnerable in domestic abuse situations because they may fear contact with the police even more than they fear their abusive lawful permanent resident or citizen abuser. VAWA immigration cases are based on these provisions and allow the non-citizen victim to seek immigration benefits without the help of the citizen or LPR who abused them. A 2000 reauthorization of VAWA also created the U visa, a similar benefit for foreign nationals who are victims of a crime, regardless of the perpetrator's immigration status.
The Victims' Protection Act on Human Trafficking was approved in 2000 and included the reauthorization of VAWA. Its intent was to create government programs and resources to address the growing problem of human trafficking, especially in the sex trade, slavery, or involuntary servitude, which the Act describes as “increasingly perpetrated by organized and sophisticated criminal enterprises.” The very nature of this legislation required that it include protections for non-citizens, who make up the majority of trafficking victims in the United States. Once again, the TVPA provided immigration benefits to victims to allow them to seek help and speak with law enforcement about their trafficking without fear of being detained or deported. Eagan specializes in this type of immigration petition, which is commonly known as a “T Visa.”.
VAWA and TVPA do not expire or have an end date. However, Congress must periodically appropriate funds and reauthorize the governmental operation of the grant programs associated with them. That is why there are reauthorizations for the funds supporting VAWA and TVPA. Sometimes, these reauthorizations also revise and/or expand the scope of the laws, such as when U visas were created. VAWA funding was reauthorized in 2000, 2005, 2013, 2019, and again in 2022. In September 2024, the Department of Justice announced an additional $690 million in funding for VAWA programs. Meanwhile, the TVPA was reauthorized and expanded in 2003, 2005, 2008, 2013, 2015, 2017, 2018, and 2022.
What happened to the VAWA and TVPA applications under the first Trump administration?
VAWA funds expired and were temporarily extended several times in 2018 and 2019, during Trump's first term in office. Reauthorization was delayed first by a government shutdown, then by Republicans under Trump who opposed a new restriction in the revised Act making it illegal for those convicted of domestic violence, assault, or stalking to possess a firearm. This disruption in funding affected some related government programs. Reauthorization was officially passed, including the firearm restrictions, in April 2019.
However, these funding issues in themselves had little or no effect on VAWA and T Visa applications at the time. U.S. Citizenship and Immigration Services (USCIS), the department that processes these applications, does not use VAWA or TVPA funds for general operations such as application processing. They are largely funded by the fees they charge, in addition to receiving a budget approved by Congress for humanitarian visas that have low or no fees.
experienced funding issues that resulted in massive delays, which led to requests for additional funds. Typically, USCIS increases its fees every 4 years, once per presidential term. Under the Trump administration, a fee change proposal was submitted, but it was blocked by a federal judge. This means that the main source of funding for USCIS did not increase until its most recent fee changes in 2024, during a period of high inflation and growing demand for USCIS. This worsened the backlog at USCIS and caused longer delays. That is key to understanding the various ways a second Trump administration could affect VAWA and T Visa applications, as well as USCIS processing as a whole.
VAWA and T Visa applications were the most affected by policy changes. Under the first Trump administration, what counts as “extreme cruelty” and abuse for VAWA applicants was restricted, and the administration even made changes to the legal definition of domestic violence to exclude emotional abuse. Similar exclusionary standards were established for T Visas, rejecting applicants who had committed crimes while under the control of their trafficker or who had remained in the U.S. too long after escaping. This led to an increase in rejected applications.
How could VAWA and T visas be affected under the new administration?
The first thing to say is: we don't know for sure. The Trump campaign made many big promises and said a lot about immigration. Even with a majority in both houses of Congress, it is still not clear that they have the power to follow through on those proposals, but it is also not certain that they won't find a way. Trump's allies, supporters, and backers have had much more time to strategize and prepare for the next administration, but the same goes for those who oppose Trump's plans. Trump's Republicans have also challenged norms and crossed legal boundaries many times, but once again, the opposition now knows it can expect that and has had four years to reinforce its defenses. Even so, we can only predict based on what we know.
The benefits of VAWA and TVPA, which include U Visas, are based on laws that have gone through a long research process to be passed multiple times by both parties over the last quarter of a century. Laws can be repealed and funding can be halted, but it is unlikely that these long-standing laws will be directly revoked.
However, all the things that changed under the first Trump administration could happen again. Here are two key things you can expect:
- Applications could take longer. The most likely issue that VAWA, U Visa, and T Visa applicants can expect is further delays and longer processing times at USCIS. Increased scrutiny could also mean more RFEs (Requests for Evidence) requiring additional documentation and other proof to be submitted, extending the time until an application is approved or denied. The USCIS backlog is already an issue, and it is a safe bet that the Trump administration will not help speed things up.
- The classification could be more difficult. Just like the first time, a Trump administration may try to change the requirements to qualify for VAWA, T Visa, and U Visa applications. Recently, USCIS officials have said that they will begin interviewing some VAWA applicants about the abuse they suffered, placing applicants under greater scrutiny even before the Trump administration has taken office.
Do not let these possibilities discourage you. As VAWA and TVPA have been renewed over the last four years, they have only grown stronger and broader. Just in August 2024, USCIS released a revision to the T Visa guidance that expands and clarifies what is accepted as evidence and what qualifies an applicant. Here at Eagan, we examine and consider any changes USCIS makes and incorporate those changes into our strategies and practices.
What is happening with my current case with Eagan?
We want to reassure our clients once again that the Eagan Immigration team is always working to find new and creative solutions to any foreseeable problem. We are committed to defending our clients, no matter what changes may come, and our team is prepared to face the challenges. We specialize in VAWA and T Visa applications and are constantly improving and refining our approach.
As previously mentioned, USCIS has announced that it will interview some VAWA applicants as early as December 2024. These interviews will only take place for SOME of those who have applied for adjustment of status concurrently. This is a response to the increase in fraud in VAWA petitions. In Eagan, We do not file fraudulent VAWA applications. As long as clients have been honest about their experiences and background, they shouldn't have to worry about a USCIS interview, even if it happens. In the event that you must attend an interview, Eagan will thoroughly prepare you for questions about your case and your green card application.
Since the elections, Eagan's team has also received many questions about what will happen to cases that are denied. Currently, only in the case of a serious criminal issue (serious crimes related to violence or drugs) would a VAWA case be referred to ICE if denied. It is true that Trump has threatened to change this, both in his last administration and in campaign promises starting in 2024. However, even when he was in office before, this policy was not fully enacted with respect to VAWA applications. Even if things change again, applicants will have the opportunity to appeal, and Eagan will be with our clients every step of the way.
Please note that once your case is filed, while it is still pending, you are protected against removal or deportation. VAWA, T Visa, and U Visa cases take several years to be approved or denied. Given the time these cases are already taking and the Trump administration's plans to slow things down, your case might not even be considered until we have already had another presidential election.
As always, please contact us as soon as possible if you have questions or are ready to let us help you find a path to safety and stability.
Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.
This information is for educational purposes only and does not constitute legal advice.