Will VAWA Protect You From ICE?

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If you’ve filed a VAWA petition, can ICE still arrest or deport you? A federal court order offers some protection for people with pending VAWA, T visa, and U visa cases. But there are limits to what it can do.

Your past dealings with ICE and the status of your case can affect your rights. Here’s what you need to know and how to prepare.

Can Ice Detain You If You Have VAWA?

Yes, ICE can still detain you if you have a pending VAWA case. But a federal court order limits when ICE can do so. In most cases, ICE should not detain people covered by the order unless they pose a risk to public safety or national security.

An old deportation order or criminal record may put you at greater risk. If your VAWA case has been approved and you have deferred action, you may have more protection. Deferred action means the government has agreed to put your deportation on hold for now.

If you haven’t received your USCIS receipt notice, it may be harder to prove you filed. The court order is also being challenged, so the rules could change.

What The Order Does

The court order restores protections for people with pending VAWA, T visa, and U visa cases. It limits when ICE can detain or deport people covered by the order.

It may also help if you’re already facing deportation in court. In some cases, a judge may agree to pause or end your case.

People with approved VAWA cases and deferred action may have more protection. Still, the order doesn’t mean ICE can’t arrest or detain you. An old deportation order can also put you at risk.

Proving You’re Protected

ICE may not know you have a pending VAWA case unless you show proof. So it’s important to have your papers ready.

Carry paper copies of your USCIS receipt notice, prima facie determination, deferred action notice, and work permit, if you have them. Don’t rely on your phone alone. ICE may take it during an encounter.

If you don’t have your receipt notice yet, carry proof that you filed. This could be a mailing receipt or a letter from your lawyer.

You should also know your A-number. ICE can use it to look up your case. Give a trusted family member your A-number and copies of your papers in case you’re detained.

It’s also best to have a lawyer with Form G-28 filed for your case. This lets them speak with ICE and other officials on your behalf.

The One Exception

If you have an old deportation order, a pending VAWA case may not stop ICE from deporting you. The court order gives some T and U visa applicants with old removal orders more protection. But those same rules don’t apply to VAWA cases in the same way.

ICE may still deport you under an old order, even if your VAWA case is pending. This can be a risk at required meetings, such as fingerprint visits and green card interviews.

If you have an old deportation order, talk to an immigration attorney about a stay of removal. If approved, it can put your deportation on hold. Have your lawyer review your case before you go to any required meetings.

Get Help With Your Pending VAWA Petition

A pending VAWA petition may offer protection from ICE, but knowing your rights and preparing ahead of time is important. An experienced immigration attorney can help you understand your protections, prepare the right documents, address old deportation orders, and fight for your release if you’re detained.

If you’re worried about ICE detention or deportation, contact the law offices of Moumita Rahman at 212-248-7907 for help with your VAWA case. Our office serves clients in all 50 states and offers assistance in English and Spanish.

Disclaimer: This article is for general informational purposes only and does not create an attorney-client relationship. Every immigration case is different. Speak with an experienced immigration attorney before making decisions about your case.