Federal Law Reference for Women's Rights
IMMIGRATION & TRAFFICKING
Federal law provides specific protections for immigrant women and survivors of trafficking and other crimes. The Department of Homeland Security and the Department of Justice administer the primary programs.
VAWA Self-Petition (Immigration)
8 U.S.C. § 1154(a)(1)(A)(iii) & (iv)
Allows certain immigrant survivors of domestic violence, sexual assault, or other abuse to self-petition for legal immigration status without the abuser's knowledge or cooperation. Available to spouses, children, and parents of U.S. citizens or lawful permanent residents who have been subjected to battery or extreme cruelty.
Trafficking Victims Protection Act of 2000 (TVPA)
22 U.S.C. § 7101 et seq.
Establishes federal crimes for severe forms of human trafficking, including sex trafficking and labor trafficking. Provides protections and services for trafficking victims, including the T visa, which grants temporary immigration status to trafficking victims who assist law enforcement.
U Visa for Crime Victims
8 U.S.C. § 1101(a)(15)(U)
Provides temporary immigration status to victims of certain qualifying crimes — including domestic violence, sexual assault, stalking, and trafficking — who have suffered mental or physical abuse and are helpful to law enforcement. Allows recipients to apply for lawful permanent residence after three years.
Asylum Protections / Convention Against Torture
8 U.S.C. § 1158 (Asylum); 8 C.F.R. § 208.16 (CAT)
Individuals who have suffered persecution on account of their membership in a particular social group — which may include women fleeing gender-based violence — may be eligible for asylum or withholding of removal. Eligibility is determined on a case-by-case basis by immigration judges and the Board of Immigration Appeals.
Retaliation Protections
22 U.S.C. § 7105 (TVPA); 8 U.S.C. § 1229b
Federal law prohibits the removal of trafficking victims who are cooperating with law enforcement investigation or prosecution. VAWA self-petitioners are protected from deportation based solely on their immigration status being reported by an abusive spouse.