Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

Ripple Effects of Sexual Assault: Immigration Issues
Immigrant survivors of sexual violence often face particularly difficult obstacles to justice and relief. Many
of the same social and legal issues weigh against immigrant victims and non-immigrant victims, but there
are added factors in the immigration context that further complicate matters.
Always advise immigrant survivors to consult an immigration attorney about how legal proceedings
could impact the survivor’s immigration status. Never give specific advice on immigration issues.
There are some very helpful resources for immigrant survivors listed at the end of this chapter. Immigration
law is among the most complex areas of American law, and it is constantly changing. Furthermore, the
consequences of mistaken advice can be as severe as permanent removal from the country or inability to obtain
certain remedies. For example, obtaining a civil protective order might improve a survivor’s safety, but it can
also interfere with a VAWA self-petition if the court places restrictions on both the survivor and the perpetrator.
In addition, never advise immigrant survivors, especially undocumented persons, to speak with
government officials about her or his immigration status without consulting an immigration lawyer.
It is always best to speak with an immigration attorney and not an information officer from the Department
of Homeland Security, who may not be able to give accurate advice regarding specific immigration
cases. In addition, DHS officials do not have the same legal obligations that attorneys have to their clients.
It is also very important that survivors consult with immigration attorneys who also have expertise with
sexual violence or, if applicable, family violence. Many immigration lawyers specialize in the needs of
corporate clients or other employers and will not be sensitive to the unique needs of survivors. Take
much care in finding an immigration lawyer who can provide the type of assistance survivors need.
There are a few significant legal rights and remedies advocates should be familiar with. However,
remember that as an advocate, discussions about immigration-related remedies should only extend to
making survivors aware of options so that they can inquire about them with an immigration specialist.
General Rights of Noncitizens
Federal law gives all noncitizens certain rights when dealing with governmental immigration officials.
However, noncitizens must assert these rights themselves. If they fail to make these requests, the
government does not have to honor them.
• The right to speak with an attorney before answering any questions or signing any documents.
Immigrant survivors should never sign anything before consulting an immigration lawyer.
• The right to a hearing with an immigration judge.
• The right to attorney representation at that hearing, and during any interviews with government
officials (the noncitizen must pay for her or his own attorney).
• The right to request release from detention, sometimes by paying bond, if eligible.
These rights belong to all noncitizens, even if undocumented. Therefore, all immigrant survivors of
sexual violence should be advised of these rights and should understand that it is their responsibility to
assert them.
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