Threats to call ICE can be abuse
"I will call immigration" is one of the most common threats abusers use, and the law can treat it as part of the abuse. Under 8 C.F.R. 204.2(c)(1)(vi), extreme cruelty includes threatened acts, psychological abuse and acts that are part of an overall pattern of violence. The threat can be evidence in your own case.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
This post is dated October 26, 2026. It is about one sentence many readers of this site have heard at home: "If you leave, I will call immigration." The law has a name for what that sentence does. It is a tactic of control, and it can be part of the abuse that a VAWA case is built on.
What the regulation counts
Under 8 C.F.R. 204.2(c)(1)(vi), "battery or extreme cruelty" includes being subjected to any act or threatened act of violence, including forceful detention, that results or threatens to result in physical or mental injury. It also includes psychological or sexual abuse or exploitation, and acts that may not initially appear violent but are part of an overall pattern of violence.
A threat to have you deported is not a punch. It is aimed at your fear, your children and your future. That is why it fits the words "psychological abuse" and "part of an overall pattern."
What courts have said
These are published decisions. None of these people is our client, and their results do not predict yours.
- Hernandez v. Ashcroft, 345 F.3d 824 (9th Cir. 2003). Not our client. The court said non-physical actions rise to the level of domestic violence when "tactics of control are intertwined with the threat of harm in order to maintain the perpetrator's dominance through fear." See our case note.
- Lopez-Birrueta v. Holder, 633 F.3d 1211 (9th Cir. 2011). Not our client. In a VAWA cancellation case, the applicant testified, and the immigration judge found her credible, that the father of her children threatened to alert immigration officials if she disobeyed his orders.
- Da Silva v. Attorney General, 948 F.3d 629 (3d Cir. 2020). Not our client. The court described a citizen husband who refused to file immigration paperwork for his wife and used her undocumented status as a method to control her.
Read all four published cases we cite at real cases.
What the threat cannot do
- It cannot stop you from filing. An abused spouse of a U.S. citizen may self-petition under INA 204(a)(1)(A)(iii), and an abused spouse of a permanent resident under INA 204(a)(1)(B)(ii). The abuser does not sign and is not a party.
- It cannot get your filing disclosed to them. Under 8 U.S.C. 1367(a)(2), federal officials may not disclose information about your VAWA filing, except to sworn DHS, DOJ and State officers and employees for legitimate agency purposes and the limited uses in 1367(b).
- The abuser's word alone is limited. Under 8 U.S.C. 1367(a)(1), the agencies may not make an adverse admissibility or deportability determination using information furnished solely by the abuser, unless you have been convicted of a crime listed in INA 237(a)(2). Since PA-2025-34 (December 22, 2025), USCIS applies that rule only to admissibility and deportability decisions, not to the denial of an I-360. See our post on PA-2025-34.
What the threat can do
We will not tell you the threat is empty. In our reading, 1367 does not stop anyone from calling ICE. If the abuser does call, see if the abuser called ICE. If an enforcement action leading to removal proceedings happens at a domestic violence shelter, a family justice center or certain other protected places, or at a courthouse during a protection-order or custody case, the Notice to Appear must state that 1367 was complied with, under INA 239(e).
Using the threat as evidence
USCIS must consider any credible evidence under INA 204(a)(1)(J). The threat can go in your declaration: what was said, when, and what you did or did not do because of it. A text message or voicemail can help, and so can a person who heard it. See writing your declaration.
Keep the record safe
A list of threats on a shared phone can be found. Keep copies somewhere the abuser cannot reach. If you have ever been arrested or charged, talk to your criminal lawyer before you write anything down; see arrested or charged. If you are in danger now, call 911. The National Domestic Violence Hotline is 1-800-799-7233, or text START to 88788.
For a private consultation, call (718) 484-7510.
Read next: threats of deportation, abuse without violence, or battery or extreme cruelty.
Common questions
Is a threat to call immigration enough for a VAWA case by itself?
We cannot say that, because every case turns on its whole record. Under 8 C.F.R. 204.2(c)(1)(vi), extreme cruelty includes threatened acts, psychological abuse and acts that are part of an overall pattern of violence, and courts look at the relationship as a whole. The threat belongs in your declaration with everything else.
Can the abuser really call ICE?
Yes. In our reading, 8 U.S.C. 1367 does not stop anyone from calling ICE. What it does is bar federal officials from disclosing your VAWA filing and from making certain decisions about you based solely on the abuser's information, unless you have a conviction listed in INA 237(a)(2).
Should I write down the threats?
Writing down dates and words can help your case later, but a written record can also be found. Keep it somewhere the abuser cannot reach. If you have ever been arrested or charged, talk to your criminal lawyer before you write anything down.
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