María G., a domestic violence survivor from Honduras, did everything U.S. law asked of her. She reported her abuser to police, cooperated with prosecutors, and applied for legal protections under the Violence Against Women Act (VAWA). But instead of safety, she found herself detained by Immigration and Customs Enforcement (ICE)—and ultimately forced to self-deport to escape further trauma.
Now, María is one of several plaintiffs in a federal lawsuit accusing ICE of systematically violating the rights of crime victims by detaining and removing them despite clear legal safeguards.
ICE’s New Policies Put Crime Survivors at Risk
Filed this week in U.S. District Court, the lawsuit challenges ICE’s recent operational shifts that lawyers say have eroded decades of protections for immigrant survivors of domestic violence, human trafficking, and other serious crimes.
Under laws like VAWA and the Trafficking Victims Protection Act (TVPA), victims who assist law enforcement are eligible for U visas or other forms of relief that shield them from deportation. But according to the complaint, ICE agents are now routinely ignoring these protections—detaining applicants, denying parole requests, and pressuring vulnerable individuals into “voluntary departure” under threat of prolonged detention.
“I Thought the System Would Protect Me”
María’s story is emblematic. After years of physical and emotional abuse by her U.S. citizen partner, she called 911 in 2023. Police arrested her abuser, and she began the VAWA self-petition process with the help of a nonprofit legal aid group.
But in early 2024, ICE agents showed up at her workplace. Despite presenting paperwork showing her pending VAWA case, she was taken into custody. “They told me I had two choices: stay in detention indefinitely or sign papers to leave,” she said through a translator. “I chose to leave so I could see my children again.”
Her case is not isolated. The lawsuit includes testimonies from at least five other survivors—three domestic violence victims, one trafficking survivor, and one witness to a homicide—all of whom were detained or removed while actively cooperating with U.S. authorities.
Legal Experts: ICE Is Ignoring Congressional Intent
“Congress created these protections for a reason,” said Lena Torres, an immigration attorney with the American Civil Liberties Union (ACLU), which co-filed the suit. “You cannot simultaneously ask survivors to come forward and then punish them for doing so. ICE’s actions are not just cruel—they’re unlawful.”
The lawsuit alleges that since late 2023, ICE has adopted an unwritten policy of disregarding “certifications” from law enforcement that validate a victim’s cooperation—a key requirement for U visa eligibility. Internal ICE memos obtained by plaintiffs’ attorneys reportedly instruct field offices to treat such certifications as “non-binding.”
By the Numbers: A Crisis in the Making
Year | U Visa Petitions Filed | ICE Detentions of Applicants |
---|---|---|
2022 | 32,500 | 142 |
2023 | 34,100 | 289 |
2024 (YTD) | 28,700 | 412 |
Data compiled by the National Immigration Law Center shows a near-tripling of detentions among U visa applicants since 2022—coinciding with the policy changes now under legal scrutiny.
What’s Next?
The plaintiffs are seeking an injunction to halt ICE’s alleged practices and a court order requiring the agency to reinstate protections for crime victims. They also demand the return of those wrongfully deported, including María, who now lives in hiding in Tegucigalpa.
“I didn’t run from my country,” she said. “I ran from a man who hurt me. And America turned its back on me when I needed it most.”
Sources
She Self-Deported. Now She and Other Crime Survivors Are Suing ICE, The New York Times, October 16, 2025.