By Alicia M. Atteberry
For many in the immigrant community, and for those of us working in immigration law, anxiety is high after the re-election 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 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 availability of 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.” Nothing about that has changed. Whatever happens, Eagan Immigration will be working on solutions and strategies to continuing saying “Yes!” to our current and future clients. We are committed to advocating for our clients whatever may come. Many of our clientele are applying for immigration benefits based on two specific laws: The Violence Against Women Act (VAWA) and the Trafficking Victims Protection Act (TVPA). Here’s what we know about how the incoming administration might impact those types of applications.
What are VAWA and TVPA?
The
Violence Against Women Act (VAWA) The
Trafficking Victims Protection Act was passed in 2000 and included the reauthorization of VAWA. Its purpose was to create government programs and resources to address the growing problem of human trafficking—particularly into the sex trade, slavery, or involuntary servitude—which the Act describes as “increasingly perpetrated by organized, sophisticated criminal enterprises.” The very nature of this legislation required it to include protections for noncitizens, who make up the majority of trafficking victims in the United States. The TVPA once again provided immigration benefits to victims to enable them to seek help and report their trafficking to law enforcement without fear of detention or deportation. Eagan specializes in this type of immigration petition, which is commonly referred to as a “T Visa.”
The laws associated with VAWA and TVPA do not expire or have an end date. However, Congress must periodically appropriate funds for and reauthorize the government’s operation of grant programs associated with them. This is why there are “reauthorizations” for the funding that supports 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. TVPA, meanwhile, was reauthorized and expanded in 2003, 2005, 2008, 2013, 2015, 2017, 2018, and 2022.
What Happened to VAWA and TVPA Applications Under the First Trump Administration?
VAWA funding expired and was 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 objected to a new restriction in the revised Act that made gun possession illegal for those convicted of domestic violence, assault, or stalking. This interruption in funding affected some related government programs. The reauthorization, including the firearms restrictions, was officially passed in April 2019.
However, these funding issues themselves had little to no effect on VAWA and T Visa applications at the time. U.S. Citizenship and Immigration Services (USCIS), the agency that processes these applications, does not use funding from VAWA or TVPA for general operations such as processing applications. It is funded largely by the fees it charges, as well as through a Congress-approved budget for humanitarian visas that have low or no fees.
Despite this, there were funding issues that resulted in massive backlogs, prompting requests for additional funding. Typically, USCIS increases its fees every four years, once per presidential term. Under the Trump administration, a proposal to change fees was submitted but rejected by a federal judge. This means that USCIS’s main source of funding did not increase until its most recent fee changes in 2024, during a period of high inflation and increasing demand on USCIS. This exacerbated the backlog at USCIS and led to longer delays. This 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 more significantly affected by policy changes. Under the first Trump administration, the definition of what constitutes “extreme cruelty” and abuse for VAWA applicants was narrowed, and the administration even altered the legal definition of domestic violence to exclude emotional abuse. Similar exclusionary standards were implemented for T visas, resulting in the rejection of 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 that should be said is: we don’t know for sure. The Trump campaign made a lot of big promises and said a lot about immigration. Even with a majority in both houses of Congress, it’s still not clear that they have the power to follow through on those proposals, but it’s also not certain that they won’t find a way. Trump’s allies, backers, and supporters have had much more time to strategize and prepare for the coming administration,
but the same is true of those who oppose Trump’s plans. Trump Republicans have also defied norms and pushed legal boundaries many times, but again, the opposition now knows to expect that and has had four years to bolster their defenses. Still, we can only predict based on what we know.
VAWA and TVPA benefits, which include U Visas, are both based on laws that have gone through a long vetting process to be approved multiple times by both parties over the last quarter of a century. Laws can be repealed, and funding can be stopped, but it is unlikely that such long-standing laws will be directly overturned.
However, all the things that changed under the first Trump administration could potentially happen again. Here are two key things to expect:
- Applications could take longer. The most likely issue VAWA, U Visa, and T Visa applicants can expect is more delays and longer processing times at USCIS. Increased scrutiny could also mean more RFEs – Requests for Evidence – which require additional documentation and other evidence to be submitted, extending the time until an application is approved or denied. The USCIS backlog is already a problem, and it’s a safe bet the Trump administration will not be helping speed things along.
- Qualifying could get harder. Recently, USCIS officials have said they will begin interviewing some VAWA applicants about the abuse they suffered, placing applicants under increased scrutiny before the Trump administration has even taken office.
Don’t let these possibilities discourage you. As VAWA and TVPA have been renewed in the last four years, they have only been strengthened and expanded. Just in August 2024, USCIS released a revision of 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 About My Current Case with Eagan?
We want to again reassure our clients that the Eagan Immigration team is always working to find new and creative solutions to any foreseeable problems. We are committed to advocating for our clients, no matter what changes may come, and our team is prepared to deal with challenges. We specialize in VAWA and T Visa applications and are constantly improving and refining our approach.
As mentioned above, USCIS has announced they will be interviewing some VAWA applicants as soon as December 2024. These interviews will only happen for SOME of those who have simultaneously filed for residency. This is a response to increased fraud in VAWA petitions. At Eagan,
we do not file fraudulent VAWA applications. As long as clients have been honest about their experiences and background, they should not need to worry about an interview with USCIS, even if it happens. In the even that you are required to attend an interview, Eagan will thoroughly prepare you for questions about your case and your green card application.
Since the election, the Eagan 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 (felonies related to violence or drugs) would a VAWA case be referred to ICE if it was denied. It’s true that Trump has threatened to change this, both in his last administration and in campaign promises from 2024. However, even when he was in office before, this policy was not fully enacted in regard to VAWA applications. Even if things change again, applicants will have an opportunity to appeal, and Eagan will be with our clients every step of the way.
Keep in mind that once your case is filed, while it is still pending, you are protected from removal or deportation. VAWA, T Visa, and U Visa cases all take several years to be approved or rejected. Considering how long cases are already taking and the Trump administration’s plans to slow things down, it is possible your case won’t even be considered until we’ve already had another presidential election.
As always, reach out to us as soon as possible if you have questions or are ready to let us help you find a path to security and stability. Call Eagan Immigration today at 202-709-6439 for a or schedule one at
this link.
