For decades, federal law offered a narrow but critical pathway for immigrant survivors of domestic violence: a way to seek legal status without relying on the person who abused them. Immigration attorneys say that pathway is narrowing as enforcement intensifies and fear spreads through immigrant communities.
Vanessa Alonso, an immigration attorney who has spent 15 years working on humanitarian visa cases, spoke with the Vanguard and said the shift is already visible in her practice.
“I think it’s really interesting that this last year due to the increased enforcement, we have seen for the first time in my practice, and I’ve been practicing immigration law for about 15 years now, we’ve seen the deterioration of the protection that comes with applying for these certain benefits as a crime victim,” Alonso said.
The Violence Against Women Act, or VAWA, a bipartisan law enacted in 1994, allows non-citizen survivors of abuse to self-petition for legal status, removing the power imbalance that can trap victims in abusive relationships.
“Absolutely. Absolutely,” Alonso said, noting the law applies beyond women, even though “the majority of applications historically have been women.”
“What happens with a normal, let’s call it a healthy relationship, right? Somebody falls in love and they want to get their partner legal status… And what we’ve seen in the past is often that imbalance of power results in the petitioner… taking advantage of that situation, utilizing the lack of legal status to control their partner,” Alonso said.
Under VAWA, survivors can file independently, without police reports, court testimony, or notifying their abuser. The law was designed to reflect the reality that many survivors lack formal documentation of abuse.
“It’s important to know that VAWA is a civil immigration process, not a criminal case. Survivors do not need a police report, do not have to contact law enforcement and do not have to testify in court,” according to Alonso & Alonso.
In December 2025, U.S. Citizenship and Immigration Services updated its policy manual, raising the evidentiary bar for proving a qualifying relationship and shared residence.
The changes focus on primary documentation and give officers broader discretion in evaluating credibility.
The agency acknowledged that the changes “may adversely impact some self-petitioners.”
“And we’ve seen that protection be stripped away with now officers given full discretion to determine if they detain, if they deport, and that has really hurt applicants who came forward to apply depending on that protection, depending on the law as written,” Alonso said.
The effects are already showing up in who is willing to apply.
“There has been a reduction in interest in applying for these certain humanitarian remedies,” Alonso said.
That hesitation comes as VAWA filings have surged since 2020, even as processing times stretch to nearly four years.
At the same time, federal funding for survivor services is shrinking, with the Trump administration proposing a $208 million cut—nearly 30 percent—to the Office on Violence Against Women in its 2026 budget.
Alonso said the shift is not just about policy changes, but how enforcement now operates alongside those protections.
“And in some cases, not in many, but in a few… we have seen ICE utilize the biometrics appointment to pick the person up,” she said.
“So from what we can tell, the person was likely already on the radar for enforcement… but ICE utilized the fact that they had a set appointment… and detain them and then attempt to deport them,” Alonso said.
That has changed how people view the process.
“So that does strike fear in applicants who say it is not safe to apply… we have seen people too scared to participate in the process at this point,” she said.
For many survivors, the challenge is not just legal but practical, as abuse often involves isolation, financial control and the absence of records.
“Fear of deportation, financial dependence and isolation prevent many immigrant abuse survivors from leaving dangerous situations,” Alonso & Alonso noted in a recent release.
Alonso said the law was built to recognize forms of abuse that are not always visible.
“Under extreme cruelty, there’s a really nice definition that says if someone’s been a victim of a pattern of acts that are in of themselves, not abusive, but are done to control the other person that can rise to the level of abuse,” she said.
“It could be a woman that has suffered severe emotional, economic and psychological abuse, as well as a man in all those same scenarios,” she added.
The updated policy places more weight on documentation—leases, financial records and proof of shared residence—that many survivors do not have, making it harder to bridge the gap between legal eligibility and available evidence.
Alonso said her advice to clients has shifted accordingly.
“I’m recommending that people consult with at least three immigration lawyers,” she said.
“Different lawyers have different experiences, have different approaches,” she added.
She also urges preparation in case of detention.
“I as an undocumented person have a power of attorney. So if I don’t come home tomorrow from work, someone can pick up my children… I have an attorney who my family knows to call if I get detained,” Alonso said.
“Being prepared… who the lawyer’s going to be, the money to pay that lawyer… and who would pick up the children… those are the four pieces of advice I’m giving to every person that I come across because that is where we are getting stuck at times,” she said.
Despite the risks, Alonso said avoiding the system may no longer offer protection.
“In spite of enforcement being aggressive… I still believe that participation in the process is the best form of protection,” she said.
“With aggressive enforcement, anybody here undocumented is at risk… So if someone is eligible, they should seek their legal status even under this aggressive environment,” she said.
Even those with some form of legal status are affected.
“Green card holders… they are also under scrutiny. And we’ve seen that in our practice as well,” Alonso said.
Temporary protections like TPS and DACA remain unstable, adding to uncertainty for many immigrants.
For now, attorneys say the system is still functioning, but under strain.
“VAWA was designed to give survivors power and protection during one of the most vulnerable times of their lives,” Alonso & Alonso said in its release.
Whether those protections remain accessible—and whether survivors feel safe enough to use them—remains an open question.
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