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LSC Program Letter Provides Guidance on Violence Against Women Act

Friday, February 24

  • Organization: Brennan Center's Legal Services E-lert
LSC has issued guidelines to help grantees interpret the Violence Against Women Act of 2006 ("VAWA 2006"), which became law in January 2006. The Act allows grantees to use LSC or non-LSC funds to represent, without regard to immigration or marital status, victims of (or the parents of a child who is a victim of) domestic violence, sexual abuse, and trafficking in matters related to overcoming the victimization. LSC’s guidelines, set forth in Program Letter 06-2 dated February 21, 2006, clarify when an alien normally ineligible under 45 CFR 1626 is entitled to legal representation and define key phrases like "related legal assistance." LSC grantees now may represent, in addition to alien victims of battery or extreme cruelty, aliens victims of sexual assault or trafficking, and "U" visa-eligible aliens under 101(a)(15)(U) of the Immigration and Nationality Act (INA). VAWA 2006 also authorizes LSC grantees to represent parents whose children have been victims of battery, extreme cruelty, sexual assault, or trafficking (provided that the parent is not responsible for the victimization). LSC recipients may provide "related legal assistance" to clients covered under VAWA 2006. LSC interprets "related legal assistance" to mean legal assistance "to help the affected alien or child to escape from the domestic violence, sexual assault, trafficking, or covered criminal activity, to ameliorate their effects or to protect against future domestic violence, sexual assault, trafficking, or criminal activity." LSC has authorized grantees to determine on a case-by-case basis whether a particular service is covered.

To view the guidelines, visit http://www.lsc.gov/pdfs/progltr06-2.pdf.
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