Both the issuance of an order of protection, and violation can lead to negative immigration consequences.
The Process for Immigration Referrals
- After a Criminal Court, Supreme Court or Family Court issues a temporary or permanent Order of Protection, the information is shared with the NY Order of Protection Registry which is then shared with the FBI Database.
- Federal immigration authorities (including ICE and USCIS) can access this FBI database.
Violation of Orders of Protection
- Violations have potential immigration consequences.
- The most serious is the possibility of deportation.
- Any non-citizen who IS FOUND TO HAVE VIOLATED a Family Court protective order is deportable. 8 USC 1227(a)(2)(E)(ii).
- This provision applies:
- To Family and Criminal Court orders of protection.
- To Temporary and Final orders of protection.
- Even when the violating conduct involved no actual violence or threat of violence.
Issuance of Orders of Protection
Issuance of a protective order by itself does NOT trigger removal from the U.S., but it may:
- Decrease the chances of a non-citizen being granted immigration status or other relief (i.e., U.S. citizenship, lawful permanent resident status) which may result in removal from the U.S.
- Increase the potential for a non-citizen to be deemed inadmissible and referred for removal following brief travel abroad.
REVISIT Click here for a complete guide on Orders of Protection
