Orders of Protection

Both the existence 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 final 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.

Violations have potential immigration consequences.

• The most serious is the possibility of deportation.
  • Any non-citizen who is determined by a court to have violated an order of protection, including those issued by a Family Court, is at risk of being deported. 8 U.S.C. 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 physical violence or threat of violence.

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.