Abuse in Immigrant Communities

Undocumented survivors of domestic and sexual violence have the same right as everyone else to access domestic violence services and our U.S. court systems. Because domestic violence shelters are necessary to protect life and safety, they may not refuse to help people based on their immigration status. Because the U.S. Constitution requires due process for every “person” in the United States,¹ not every “citizen,” our courts must be open to all domestic violence survivors, including undocumented immigrants. This does not mean, however, that it is always safe for undocumented survivors go to court. Domestic violence advocates can help survivors who are not citizens (and therefore may fear being deported) by ensuring they are not, for instance, detained by Immigration and Customs Enforcement if they try to get a restraining order, a divorce or custody of their children. Immigrant survivors may also fear that the courts will use their immigration status against them.

Undocumented victims have the same access to the court system as anyone else does. However, victims who are undocumented or who have temporary legal status that will expire during the court proceedings may feel especially hesitant to go to court. Although there have been instances where undocumented immigrants were picked up by Immigration while appearing in a court proceeding,² this is not the norm. In fact, some states’ laws even have specific protections that prohibit court personnel from revealing an immigrant’s legal status if it becomes known during the court proceeding.³ And, in addition, seeking the court’s help through a protection order or reporting a domestic violence crime to the police may even help an undocumented immigrant gain legal status through a U visa.

To ensure immigrant survivors can get the same safety and justice as other domestic violence survivors, Congress has created several routes to status for undocumented survivors. To learn more about the VAWA self-petition, the U visa, and the T visa, please visit our Immigration page. You can also see our video series about U visas, including the requirements to file for one, on our Videos page. You can also find immigration resources on our National Organizations - Immigration page.

If you are worried about whether or not your immigration status may be at risk if you go to court, please talk to a local domestic violence advocate who may be able to help you weigh the pros and cons of seeking out the court’s help. Talking to a lawyer who specializes in domestic violence and immigration matters can also be very helpful. You can find referrals to both on our Places that Help page.

¹ U.S. Const. amend. X
² See “The Woman Arrested by ICE in a Courthouse Speaks Out,” The New Yorker; and “A mother and her son turned up for a domestic-violence case. Then ICE arrested them,” The Charlotte Observer
³ See, for example, New York City’s Executive Order No. 34 of 2003