Ice Issues Guidance on Protections for Noncitizen Victims of Crime

Thomas M. Lee
Customs Enforcement

In accordance to 8 U.S.C. § 1367 (“Section 1367“) where treatment of information received from prohibited sources and required certifications when certain enforcement actions are taken at specified locations, ICE issued Directive 10036.2: implementation of Section 1367 Protections for Noncitizen Victims of Crime. The purpose is to protect the identification and disclosure of information. It is to combat against human traffickers, perpetrators, and abusers who use the immigration system against their victims so that they won’t retaliate.

This Directive protects noncitizen crime victims who are beneficiaries of pending or approved victim-based benefits, including T visa, U visa, continued presence, and relief or other benefits under VAWA.

ICE personnel are prohibited from disclosing or using information that is protected by Section 1367 to anyone other than employees of Department of Homeland Security, Department of State, or Department of Justice. This includes any information related to any noncitizen who has or who ICE personnel may have a reason to believe has a pending or approved application for a T visa; U visa; Continued Presence; or VAWA, including VAWA-based benefits and cancellation of removal. In addition, ICE personnel must verify any and all information obtained from prohibited source(s) associated with the crime or abuse before acting upon it. Furthermore, ICE personnel are also required to complete certification for certain enforcement actions taken at specified locations in accordance to statute.

Please note that the information provided on this website is for general information purposes only and is not to be construed nor relied upon as legal advice nor the formation of an attorney-client relationship. For a free consultation with Attorney Thomas M. Lee, please contact us.

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