Detained survivors
Being in ICE custody does not take away the protections written for survivors. A VAWA self-petition can still be filed, VAWA cancellation can still be sought from the judge, and the federal confidentiality rules in 8 U.S.C. 1367 still bind DHS. The first priorities are a lawyer, the right information about the abuse in front of that lawyer, and getting out.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
This page is for the person in custody and for the family member or friend reading it for them. Detention moves fast. The right first steps are few and simple.
If the abuser is the one calling
If the person who abused you is the one making calls about the detention, do not share your lawyer's name or plans with them. Give the firm a safe number and a safe time. We never contact the abuser.
First steps
- Get a lawyer. Ask for one before signing anything or answering questions about your case.
- Do not sign what you do not understand. Some papers agree to leave the country or give up a hearing. A lawyer reads them first.
- Tell the lawyer about the abuse. Who the abuser is to you, and their status, if you know it. That decides which survivor remedies are open.
- Tell the lawyer about any arrest. If the detention followed an arrest, including on the abuser's complaint, read arrested or charged and talk to the criminal lawyer before writing anything down.
- Work on release. Bond and habeas are covered on our detention site.
What remains open from detention
- The VAWA self-petition. Filed with USCIS whether or not you are in custody. See the VAWA self-petition.
- VAWA cancellation. Under INA 240A(b)(2), the immigration judge can cancel removal for a person abused by a U.S. citizen or green card holder spouse or parent. See VAWA cancellation.
- A U visa. USCIS decides it, and under Matter of Sanchez Sosa, 25 I&N Dec. 807 (BIA 2012), a judge should generally continue proceedings for a U petition that is prima facie approvable. See the U visa.
- The VAWA motion to reopen. For a person with an old removal order who is still physically present, INA 240(c)(7)(C)(iv) allows a motion within 1 year of the final order, outside the one-motion limit. See the VAWA motion to reopen.
Confidentiality in custody
Under 8 U.S.C. 1367(a)(1), DHS and the Justice Department may not make an adverse determination of admissibility or deportability using information furnished solely by the abuser or the abuser's family, unless you have been convicted of a crime listed in INA 237(a)(2). Under 1367(a)(2), they may not disclose information about a VAWA, T or U applicant to anyone, with limited exceptions, until an application is denied and all appeals are exhausted. Those rules bind the federal agencies. They do not stop anyone from calling ICE, which is the firm's reading of the statute. See confidentiality and when the abuser called ICE.
Arrested at a shelter or a courthouse
If the arrest happened at a domestic-violence shelter, a rape crisis center, a supervised visitation center, a family justice center, a victim-services provider, a community-based organization, or a courthouse where you were appearing in a protection-order, custody or other abuse-related case, tell your lawyer. Under INA 239(e), the Notice to Appear in that situation must state that the government complied with 8 U.S.C. 1367. See enforcement at protected places.
Read next: VAWA in immigration court, arrested or charged, VAWA cancellation, or when the abuser called ICE.
Common questions
Can a detained person file a VAWA self-petition?
Yes. The self-petition is filed with USCIS whether or not the person is in custody or in removal proceedings. In court, the judge can be asked to give USCIS time to decide, and VAWA cancellation under INA 240A(b)(2) can be sought at the same time.
Should I sign papers ICE gives me?
Do not sign anything you do not understand, and ask for a lawyer before you sign anything that agrees to leave the country. Some papers give up the right to see a judge. A lawyer reads them first.
Will the abuser be told where I am?
Under 8 U.S.C. 1367(a)(2), DHS may not disclose information about a VAWA, T or U applicant to anyone, with limited exceptions. That protects information about your application. It does not control what the abuser may learn in other ways, so tell your lawyer about any safety concern at the first meeting.
The lawyers who will handle your case
One of them calls you back, privately, on your terms.
Talk to a lawyer privately. You decide how we reach you.
Tell us a safe number or email and a safe time, and whether we can leave a message. We never contact the person who hurt you, and we never call from a number or send anything that names this site. The first conversation is free and confidential, in English, Russian, Spanish or Uzbek, with a live interpreter for any other language.