Reaching out for help as a domestic violence victim is a difficult, emotional step for anyone. However, navigating domestic violence can be especially frightening for undocumented immigrants, due to fears about their immigration status and consequences like deportation. 

If you are an undocumented immigrant facing domestic violence in any form, whether it be emotional, physical, or sexual abuse, you deserve protection. Police protection for victims of abuse is not influenced by someone’s immigration status, and I hope to dispel the notion that undocumented immigrants should refrain from reaching out to police when they are in danger or require legal help. 

Keep reading for more information on why undocumented immigrants should seek help in situations of abuse, their rights, the support available to them, and the availability of multilingual support. And if you are an undocumented immigrant who is a victim of domestic violence, contact Rosenblum Law right away for a free consultation about your legal options.

Domestic Violence Calls: Your Citizenship Status is Confidential 

New York state law does not allow police to ask about someone’s immigration status if they have not committed a crime. As a former NYPD officer, I can assure you the New York City Police Department will not ask about the immigration status of someone who is a victim of or witness of a crime, or who asks for help in any form. This includes undocumented immigrants who call 911 for assistance. It also includes undocumented immigrants whose homes are visited by the police because someone else called in with concerns for their safety. 

This is true in other states as well, such as New Jersey; police officers are prohibited from asking about an individual’s immigration status when they are reporting a crime or seeking help. These policies ensure interactions between police and undocumented immigrants are not influenced by their immigration status. For victims of domestic violence who are undocumented, these laws allow them to receive the support and protection they need without the fear of being questioned about their immigration status. 

The focus of our response as police officers is entirely on the immediate safety and support for the victim. When police respond to a domestic violence call, they will offer the victim resources from the memo book we carry with us. These resources include shelters, local organizations and help centers, and hotlines, all of which are available to everyone regardless of immigration status. We may also advise the victims to stay with nearby family or friends, and we may bring them back to the police precinct until they locate a temporary, safe living arrangement. The support we offer domestic violence victims is universal and irrespective of immigration status.

Can Police Contact Immigration Authorities?

It’s important to understand that, in our standard procedures, we do not contact immigration authorities simply because someone is undocumented. In my long career as a police officer, I never made a call to immigration authorities, witnessed these calls being made, or was instructed to initiate a call to immigration authorities. For domestic violence victims, and for all undocumented immigrants who reach out for help, the focus is on addressing the immediate concerns of safety without involving immigration officials.

The only situation where immigration authorities may be contacted is when an undocumented person commits a crime, which those requesting help usually have not. When we arrest someone who is undocumented, our role is to process them as we would any other individual. If an undocumented person is arrested, their immigration status might be noted in the system, but this does not automatically trigger a call to immigration authorities. If there is no outstanding warrant or specific legal reason to contact immigration, we do not initiate that contact. However, the court could potentially decide to contact immigration authorities during the criminal process.

In summary, our goal as police officers is to ensure fair and equitable treatment, focusing on the legal protections and the safety of all involved parties, rather than on immigration status. We will not call immigration authorities if we find out someone who has reached out for help is undocumented. In situations where an undocumented immigrant has committed a crime such as domestic abuse, it is generally up to the court to make the decision about whether or not to call immigration authorities.

Access to Restraining Orders as an Undocumented Immigrant

A restraining order is a civil order that bars someone from having any contact with the individual who filed for the order. In New York, restraining orders are referred to as orders of protection. 

When it comes to obtaining a restraining order as an undocumented immigrant, the process is the same for everyone, regardless of immigration status. When police respond to domestic violence calls, we often advise victims to obtain an order of protection. We can guide victims through the process of obtaining an order of protection by giving them the address of the local court where they can file for the order. Once the court approves the order, the victim will be directed to return to the police precinct, where we will log the order and in our system. 

If the restraining order is violated, call 911 immediately. Police will respond to the scene and take action to enforce the order. If the perpetrator, or person who the order is against, is in violation of the order, they will be arrested immediately. 

How Police Address Language Barriers 

Undocumented immigrants may also be hesitant to reach out for help if they do not understand English, or if they are uncomfortable communicating the situation in English because it is not their first language. First, it is important to note that when making a call to 911, there are translators and operators in the communications department who can speak a variety of languages. This ensures that a victim’s concerns are accurately related to law enforcement. 

The 911 operators will then inform the police officers on duty of the victim’s language requirement, and the police will try to locate an officer in their precinct who speaks that language. If there is no one available in the officer’s precinct, we have an efficient system for locating officers in nearby stations who can speak the requested language. In my experience, an officer who speaks the needed language is generally located fairly quickly. The NYC Police Department has a particularly diverse and multilingual force, and we almost always find someone who can speak the necessary language. 

If the victim is not the one who called 911 and they speak another language, police may arrive at the scene and find themselves unable to communicate with them. In this case, the same system is employed, and the police will locate an officer who speaks the victim’s language. Language barriers should not stop anyone from reaching out for help in situations of domestic violence.  

Your Safety is Our Priority 

If you are an undocumented immigrant facing domestic violence, you have the same rights to seek protection as a U.S. citizen. This protection includes a response from the police that does not involve immigration authorities, a list of resources, and access to a restraining order. Our goal as police officers is to ensure that you receive the protection and assistance you need, without any barriers related to your immigration status. Unless you have committed a crime, you will not face deportation for seeking help. 

Interactions with law enforcement of any kind as an undocumented immigrant can be scary, and we understand that. But if you are undocumented and in a situation of domestic violence, it is vital that you prioritize your safety. Do not hesitate to call 911 if you need help; your life and well-being are what matter most.