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
May 2019 Advocate & Legal Services Findings: Immigrant Survivors Fear Reporting Violence
In May 2019, a coalition of national organizations gathered feedback from nearly six hundred advocates and attorneys from across the United States, learning that many immigrant victims of domestic and sexual violence are now too afraid to call the police or go to court to get help. The advocates report that survivors have an increased fear of deportation, retaliation by their abusers, and separation from their children.
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
Advisory Revised Oct 2018: How Will ‘Public Charge’ Proposed Policy Changes Impact Immigrant Survivors of Domestic Violence and Sexual Assault?
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.
How To Make Sure Immigrant Women Aren’t Left Out of Me Too
We need policies that ensure that all workers, whether they are employees or contractors, have access to safety and justice in the workplace.
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.
API-GBV
July 2017