The Department of Education has recently released a “Dear Colleague” letter on their website entitled “Student Aid Eligibility - Eligibility for Title IV Aid for ‘Battered Immigrants-Qualified Aliens’ as provided for in the Violence Against Women Act.” The letter clarifies that qualified battered immigrants are eligible for financial aid. It also provides instructions on how to assist individuals applying for aid.
The letter states that individuals who have documentation provided by the Department of Homeland Security's United States Citizenship and Immigration Service identifying them as "Battered Immigrants-Qualified Aliens" can qualify for federal student financial assistance under Title IV of the Higher Education Act of 1965.
This is a major victory for Legal Momentum, who has been in discussions with the Department of Education for over two years in efforts to receive clarification of the financial aid eligibility of “Battered Immigrants-Qualified Aliens.” We held regular joint meetings, wrote a memo to the Department, and provided them with individual cases which supported our efforts. Despite this victory, Legal Momentum will continue to push forward legislation that ensures equal opportunity for all immigrants. In particular, we are currently working to get the Department of Education to recognize U-Visa immigrants as eligible for financial aid.
Allowing “Battered Immigrants-Qualified Aliens” and U-Visa recipients to qualify for financial aid is a critical step towards ensuring equal access to education and federal benefits for all who are eligible.
