In light of heightened fear within immigrant communities, the following FAQs are intended to address confidentiality and due process protections afforded to victim advocacy organizations and victims themselves. A recent report, 2017 Advocate and Legal Service Survey Regarding Immigrant Survivors, in collaboration with several national organizations, revealed an increase in immigration-related questions from survivors to their victim advocates and attorneys and uncertainty about pursuing assistance from the legal system. Federal law and Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) policies provide programs with several avenues for protecting the confidentiality of survivors. Advocates can reference these confidentiality protections when describing the confidentiality protections that their programs will adhere to if confronted with immigration enforcement.
These Frequently Asked Questions (FAQs) address common questions about responding to immigration enforcement activities at victim services programs. It is not intended to address situations where immigration officers or other law enforcement officers are engaging with an immigrant victim to provide assistance or to support victims in seeking an immigration benefit, such as assistance in placing a victim in a housing program, or working with a victim to provide a certification for a crime victim U Visa. This document proposes ideal practices for programs, however, it is not legal advice. Immigration and criminal laws vary from region to region, and federal immigration enforcement policies are constantly changing. Programs should analyze their program-specific risks, their community’s particular needs, and the laws in their jurisdiction—including legal duties associated with an agency’s funding sources—as they design or update program policies. Consulting a local immigration attorney with criminal law experience is highly advisable.
Related Resources
Advisory: How Will ‘Public Charge’ Proposed Policy Changes Impact Immigrant Survivors of Crime? 2018
The Department of Homeland Security (DHS) is planning to propose regulations that discard longstanding policy about the meaning and application of the “public charge” provisions of immigration law. Proposed policies will have a significant detrimental impact on survivors of domestic violence and sexual assault by deterring immigrant families, including those with U.S.-citizen children, from seeking help when they need it. Safety net benefits can help victims recover and escape from abuse and play a significant role in preventing future harm.
Domestic Violence Awareness Must Be Inclusive of Immigrant Survivors, 2017
We must strengthen our resolve to make sure that our community response to domestic violence is truly relevant to all survivors.
Immigration Law Basics for Domestic Violence Victim Advocates, 2017
This factsheet provides basic information on U.S. immigration law and various immigration remedies available to victims of domestic violence and/or certain other crimes.
Advisory: Are Victim Services Programs Liable for Criminal “Harboring” When they Work with Immigrant Survivors of Crime? 2017
This Advisory answers common questions about providing shelter and other program services to undocumented victims, describes the law and federal policy, and proposes best practices for programs
The Effects of Increased Entanglement on Immigrant Survivors
Why increased entanglement between immigration and state/local law enforcement would undermine protections for immigrant survivors of domestic violence and sexual assault.
Advocate and Legal Service Survey Regarding Immigrant Survivors, 2017
This infographic shows the results of a 2017 survey on how recent developments in immigration policy and enforcement affect immigrant survivors of domestic and sexual violence.
By Grace Huang
API-GBV
July 2017