The Trump administration is rolling out new guidelines intended to put a stop to foreigners exploiting domestic abuse claims for immigration benefits.
U.S. Citizenship and Immigration Services (USCIS) on Monday will be unveiling new rules aimed at bolstering the integrity of the Violence Against Women Act (VAWA) and visa programs geared toward foreign nationals who are legitimate victims, according to agency memos exclusively obtained by the Daily Caller News Foundation. The changes are in response to what the administration frames as years of escalating abuse of these programs. (RELATED: Betrayed American Workers Expose Dark Underbelly Of H-1B Visa Scheme)
“When unqualified aliens misuse the VAWA program, it causes significant processing delays, harming survivors with legitimate claims,” a USCIS memo stated. “We are prioritizing the integrity of the immigration process and the VAWA program as a resource for women and other alien survivors of abuse.”
VAWA — a federal law that directs millions in funding to help female and male victims of domestic abuse — also allows for foreign nationals allegedly abused by their citizen or lawful permanent resident relatives to self-petition for certain visas, even without the abuser’s knowledge, according to USCIS. An I-360 VAWA self-petition allows these foreigners to file for legal status, and if approved, can be on a pathway to work authorization and a slate of other benefits.
US Citizenship and Immigration Services (USCIS) Deputy Director for Policy Joseph Edlow (at podium), with Secretary of State Mike Pompeo (L of podium), administers the Oath of Allegiance to twelve candidates for US citizenship during a naturalization ceremony hosted by the USCIS at the State Department in Washington, DC, on October 22, 2020. (Photo by Manuel Balce Ceneta / POOL / AFP) (Photo by MANUEL BALCE CENETA/POOL/AFP via Getty Images)
During the Biden administration, which oversaw record levels of illegal immigration after unraveling the first Trump administration’s border enforcement apparatus, it presided over an explosion in such applications. Between fiscal years 2020 and 2024, the overall number of Form I-360 VAWA self-petitions skyrocketed roughly 360%, with male self-petitioners alone climbing 259%, according to the USCIS memo.
“These trends are alarming and unprecedented,” the agency stated. “By clarifying the policies and requirements for aliens filing VAWA self-petitions, we are better equipped to protect program integrity, combat fraud, and manage the VAWA program as intended by Congress.”
The administration’s new rules require that the petitioner live with the abuser during the qualifying relationship and force petitioners to prove that they entered into a “good-faith” marriage with the alleged abuser, among other provisions, according to USCIS. The enhanced standards also reinforce the statutory mandate that USCIS has sole discretion over what evidence is deemed credible.
USCIS, the agency tasked with managing the country’s legal immigration system, is also aiming at visas originally intended to help foreign nationals who are legitimate victims of human trafficking and other crimes.
T non-immigrant applications, which are temporary visas for victims of human trafficking, exploded by 1,044% between fiscal years 2020 and 2024, and U non-immigrant petitions grew by 95% during this time, according to the USCIS memo. In response to the suspicious levels in growth of applications, the agency is nixing a previous policy that limited information from “prohibited sources” and is clarifying how long it will apply confidentiality provisions, along with other changes.
“Immigration benefits are a privilege, and it is our priority to ensure we administer these programs lawfully and appropriately for qualified aliens with legitimate claims, while rooting out bad actors and fraudsters,” the agency stated.
The new rules are just the latest from USCIS, which has taken on a more law enforcement role since President Donald Trump returned to the White House in January.
USCIS officials confirmed earlier in December that it would be launching a first-of-its kind vetting facility to enhance its screening of immigrants into the country — a response to the recent spate of arrests of Afghan men accused of committing or planning serious attacks on American soil. The agency this month also announced it was scaling back the timeframe in which asylum seekers and other foreign nationals can have valid work permits in the U.S.
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