New Threat of ICE Entering Domestic Violence Shelters

Key Takeaways:

1. New ICE policies allowing entry into once-protected spaces like domestic violence shelters are creating fear among undocumented survivors, potentially discouraging them from seeking safety or legal help.
2. Advocates emphasize the importance of clear protocols, legal counsel and privacy protections to defend survivor confidentiality and ensure compliance with valid judicial warrants only.
3. Abusers may exploit immigration fears to control undocumented partners, but protections like the Violence Against Women Act (VAWA) and U visas still offer legal pathways for survivors to seek help and remain in the U.S.

New policies enacted this year allow ICE (U.S. Immigration and Customs Enforcement) to access once-restricted areas, including domestic violence shelters, in order to enforce immigration policies. Domestic violence advocates are fearful that even more immigrant survivors will continue to endure abuse at home, intimidated by the possibility of being investigated or arrested if they reach out for help.

“We don’t want anyone to question, ‘If I come in there, what’s going to happen?’ We don’t ask whether they’re undocumented and if they bring it up, we still encourage them to come in,” says Jessie Rixie, director of advocacy at One Safe Place, a Family Justice Center in Fort Worth, Texas. Even though the nonprofit has police officers on site to assist with matters like filing criminal charges against an abuser or securing orders of protection, she says they, too, do not ask survivors about their citizenship status. 

“Currently, in our city, that is not something that we experienced so far,” she says, of police questioning those they believe could be undocumented. 

Houston police say that deportation orders were added this year to the national criminal database by the federal government, allowing law enforcement to see if an individual should be held for ICE. This could come from something as minor as being pulled over for a cracked windshield. An estimated 700,000 individuals with deportation orders were added to the National Crime Information Center database, reports the Texas Tribune. Houston Police Chief Thomas Hardin said officers must call federal authorities when they discover a match in the federal system.

What are Protected Places?

Once-protected spaces include schools (K-12 and higher education); medical facilities such as hospitals, doctor’s offices, and community health centers; places of worship, social services establishments, including homeless shelters, domestic violence shelters and food pantries; places where children gather, such as playgrounds; disaster and emergency response sites; as well as weddings, funerals, parades, demonstrations, protests and rallies. 

Though One Safe Place does not have a shelter on site, they do work with local shelters. Rixie says she has yet to hear of ICE officials visiting any of those shelters, but she does consider it “a very real threat,” especially if an abuser weaponizes the fact that the survivor is undocumented.

Ken Shetter, JD, is the president and general counsel of One Safe Place. He said they’ve created an addendum to existing privacy and confidentiality policies already in place, though he personally doesn’t expect ICE officials to target FJCs. 

“The reality is, there are immigration laws, but you need to have a valid, judicial warrant to access our space,” says Shetter. “I know victims in our community and advocates are hearing the news and, most of all, we want to make sure that our team is prepared and knows what to do.”

He advises FJCs and other protected places to have legal counsel on standby in case a warrant is presented. 

“There may be times when you have a judge’s order, but have concerns whether all the elements have been met for a valid warrant,” says Shetter. In this case, a legal representative would have the opportunity to make a filing with the court in order to validate the warrant’s legitimacy.

“Everybody should have a policy on hand. You don’t want to have to be figuring out in a stressful moment what your obligations are,” he advises.

How Abusers May Use This to Their Advantage

Immigrant victims of domestic violence often face the fear of deportation if they report their partner’s abuse to authorities. Abusers have been known to threaten their undocumented partners with not only deportation but separation from their American-born children. The threats are enough to keep many survivors trapped in an endless cycle of violence and control. 

Rixie says she fears abusers may call ICE to report an undocumented survivor and the location where they believe the survivor is seeking services or shelter. It’s unclear if ICE responds to those types of reports, but it’s enough of a threat that Rixie is afraid survivors may not seek help. 

However, she’d like to remind everyone, VAWA still exists. The Violence Against Women Act provides lawful immigration status for victims of domestic violence who are relying on an abusive partner to file for them, otherwise known as U visas. The special visa allows a survivor to self-petition for a visa and remain in the U.S. for up to four years, with eligibility to apply for a green card after three years. It protects survivors from the threat of deportation and provides eligibility to work in the U.S. However, it does require them to report abuse to and cooperate with law enforcement, which, right now, is an especially intimidating barrier for many.

The timeline to become a legal citizen of the U.S. without a U visa can vary widely. It’s not an instantaneous process. 

“Some [survivors] will start the process and it will happen within a few years,” says Rixie. For other individuals she knows, it’s been 20-plus years and they’re still waiting for paperwork to go through. The process of obtaining citizenship is notoriously long, confusing and expensive, said the Houston Chronicle in February. President Trump is, however, offering a $5 million “gold card visa” that would provide foreigners a “route to citizenship.” It’s unclear if any survivors of domestic violence have yet to take him up on the offer. 

“These individuals are working and doing everything they can and this is still being held over their heads,” says Rixie of the survivors she knows. “It makes me so frustrated because it limits them. They’re afraid to call the police. They’re unable to apply for benefits because, if their names comes up in the immigration process, this is a ding against them.”

How to Prepare for and Respond to ICE Officials

The National Immigration Law Center offers a guide for what to do if ICE raids a workplace. A few takeaways to be aware of:

• Keep in mind that ICE officials are not police, even if their uniforms say “Police” or “Federal Agent.” They may carry guns. But they cannot enter any private areas of a building without a judicial warrant. They can only enter public areas, such as lobbies, waiting rooms or parking lots. To show areas are private, mark them with a “Private” sign and keep doors closed and locked.
• A warrant must be signed by a judge and say “U.S. District Court” or a state court at the top.
• Without a warrant, you may deny ICE agents permission to enter private areas of your building.
• If an ICE official has an “administrative warrant,” with a specific person’s name on it, this still does not allow them into private areas. You do not have to say if that person is on the premises, and you do not have to escort them to where that person may be.
• If it’s safe to do so, you may want to have someone record what the ICE agents are doing. This could be used later if ICE agents violate your rights.
• If an ICE agent tries to stop and question anyone on the premises, they have the right to remain silent and ask for an attorney. They do not have to produce an ID or other paperwork.

For more information on how to stay safe while also reaching out for help as an immigrant, read, “Domestic Violence Safety Planning for Immigrants.”

Using ICE Against an Abuser

There is one, very small, silver lining to ICE’s surge in commitment to deporting undocumented individuals: they may end up deporting the abusers. Rixie says that when an abuser is on an “ICE hold,” as it’s referred to, they all cross their fingers. 

“Sometimes, yes, we see them get deported,” says Rixie. “It’s a celebration moment. Of course, he can always try to come back into the country, but at this time, she is safe.”