Domestic Violence and Deportation Risks: What Undocumented Survivors Need to Know

In 2023, 135 people lost their lives to domestic violence in the state of North Carolina. Each of these tragic losses represents a family forever changed and a life ended far too soon. One of the most important things to remember about domestic violence fatalities is that they are preventable with the right intervention. Between protective orders, domestic violence shelters, and other support services, domestic violence survivors do not have to suffer in silence at the hands of their abuser.

For undocumented immigrants, however, the fear of deportation or other immigration enforcement action often prevents survivors from pursuing the resources they need to ensure their safety. In light of recent events, this fear has only been compounded, leaving many undocumented survivors feeling as though they have nowhere to turn. If you are undocumented and concerned that you will be deported if you come forward about your abuse, it’s important to understand that you do have legal options available to you.

Why undocumented immigrants don’t report domestic violence

According to recent research, roughly 41% of individuals of Latin descent believe undocumented survivors of domestic violence choose not to report their abuse out of fear of immigration enforcement. Additionally, many survivors refrain from reporting abuse or seeking support services due to other factors, such as:

• Mistrust of the system: Some survivors come from countries and cultures with corrupt law enforcement or legal systems. Subsequently, these individuals are often reluctant to involve the authorities in matters of domestic violence.
• Financial dependence: Many abusers use money, transportation access, immigration documents, and other resources to control their victims. This kind of forced dependence often leaves survivors unable to access the services and support they need to leave their abuser.
• Language and cultural barriers: Language barriers and other cultural factors can also impact a survivor’s ability to seek help. In the absence of culturally competent, multi-lingual support services, many domestic violence victims are forced to remain in unsafe and unsustainable situations.

All of these factors may serve to disincentivize undocumented survivors from seeking the care and protection they need to stay safe in the face of abuse. In some cases, abusive partners actively leverage these things to maintain control and prevent their victims from leaving or seeking intervention. In the long run, the impact of all of these things results in rampant underreporting of domestic violence among undocumented immigrants and increases the likelihood of abuse escalating to dangerous and even fatal levels.

What rights do undocumented survivors have?

It is critical to know that help is available to survivors of domestic violence, regardless of their immigration status. Everyone has the right to protection from domestic violence, and the threat of deportation should never prevent someone from fighting for the safety they deserve.

That’s why many shelters and advocacy organizations offer support services to victims of domestic violence without requiring any immigration-related disclosures. Additionally, courts do not require filers to provide proof of citizenship when filing a domestic violence protective order (DVPO). Under North Carolina law, anyone who currently resides in the state who is an aggrieved party and has a qualifying personal relationship has the right to pursue a protective order, regardless of their citizenship or immigration status.

Even with recent ICE crackdowns and immigration changes, there are still legal protections in place at the federal level specifically intended to help immigrant survivors of domestic violence. Some of these protections include:

• The Violence Against Women Act: The Violence Against Women Act (VAWA) grants victims of abuse who are close relatives of U.S. citizens and lawful permanent residents the ability to apply for legal status independently, rather than relying on their abuser.
• U Visas: U nonimmigrant status provides undocumented immigrants with temporary immigration protection in the event that they fall victim to a crime like domestic violence. U status (typically four years) requires the applicant to be helpful to law enforcement (during an investigation or prosecution). U visa holders may be eligible for work authorization or lawful permanent residence in some cases.
• T Visas: T nonimmigrant status gives survivors of human trafficking temporary immigration protection in exchange for assistance in identifying and prosecuting their traffickers. In order to qualify, applicants must be present in the United States as a result of human trafficking (with some minimal exceptions for minors and trauma). The non-immigrant status is valid for four years and may serve as a pathway to lawful permanent residence.

All of these legal protections can help survivors of domestic violence access the support they need without fear of deportation or other immigration-related consequences. If you believe you may qualify for one of these protections, it’s important that you consult with an experienced attorney who can help you navigate the visa process without inadvertently putting yourself at any risk.

Filing a DVPO in North Carolina

If you are experiencing domestic violence, there are people and organizations that can help you. The first step in many cases is filing a domestic violence protection order (DVPO). Also known as a 50B protective order, a DVPO is a court order that explicitly requires an abuser to stay away from a survivor of domestic violence.

Law enforcement must arrest if they have probable cause that a valid DVPO was violated. Permanent DVPOs are usually valid for a period of one year but can be renewed for up to two years at a time, giving survivors long-term and ongoing peace of mind.

Local agencies can help you file, but a judge must hold a hearing (ex parte may occur quickly but the final hearing is typically held within about ten days), so court appearances are usually required. There are no fees associated with filing a DVPO, so you don’t need to worry about your financial situation impacting your ability to file.

While local domestic violence agencies can provide valuable support to survivors seeking to file a DVPO and free themselves from their abusers, it is highly recommended that you speak to an attorney with ample domestic violence experience in order to ensure all of your bases are covered. Since many abusers attempt to weaponize immigration status as a means of control, it’s vital that you prepare for all possible outcomes while your case plays out.

The right lawyer will be able to balance the complexities of your DV case with the potential implications of your immigration status to ensure you are protected and secure throughout every step of the legal process. Your lawyer may also be able to put you in touch with advocacy organizations, legal aid societies, domestic violence shelters, and other resources to help you move one step closer to freedom and safety.

Final thoughts

This is a frightening time for undocumented immigrants in our state, but you should not let the fear of immigration enforcement stop you from pursuing the help you need to leave a dangerous situation. Undocumented survivors of domestic violence can take advantage of a variety of local, state, and federal protections to help them get and stay safe.

At Epperson Law Group, PLLC, our first priority is protecting your rights and keeping you and your family safe. We understand the unique challenges associated with a wide variety of domestic violence cases and are committed to helping all members of our local community access the legal support they need to prioritize their safety.

If you are an undocumented immigrant attempting to free yourself from an abusive relationship, know that you are not alone. Give us a call today or fill out our online contact form, and let’s discuss how Epperson Law Group, PLLC can help you take the next step in your case without the looming threat of deportation. All consultations are kept 100% confidential, so you never have to worry about your personal information putting you in legal jeopardy.

*If you are in immediate danger, call 911 right away.

*The National Domestic Violence Hotline is 1-800-799-7233 (SAFE).