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Immigrants and State Courts

Immigrants and State Courts

The New York Family Court Act & Federal Immigration Law, Policy & Enforcement

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Orders of Protection

This module provides information on how Orders of Protection can result in negative immigration consequences for defendants.

Order of Protection Registry

The Process for Immigration Referrals

  • US Citizen and Immigration Services may seek access to the NYS Order of Protection Registry.
  • USCIS can gather Family Court Orders of Protection because their databases are connected to the NYS Order of Protection Registry.
  • Immigration authorities use this information to determine if a person should be removed from the United States.

How Does Immigration Know?

  • 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.

Fingerprint Collection

  • Any time immigration authorities fingerprint an individual, they gain access to information in the NY Order of Protection Registry.

Immigrants are Fingerprinted During:

  • Applications for immigration benefits
  • Applications for relief from deportation
  • Deportation proceedings
  • International travel

Immigration authorities use this information to determine if a person should be removed from the U.S., granted an immigration benefit or relief from deportation, or allowed to reenter the U.S. after travel abroad.

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Orders of Protection

  • Order of Protection – Violation
  • Order of Protection – Existence
  • Orders of Protection Slide Presentation

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