Enforcement at protected places
When an immigration enforcement action takes place at a domestic-violence shelter, a rape crisis center, a supervised visitation center, a family justice center, a victim-services provider, a community-based organization, or a courthouse in connection with a protection-order, custody or other abuse-related case, INA 239(e) requires the Notice to Appear to state that the government complied with 8 U.S.C. 1367. It is a paper safeguard that a lawyer can check. In our reading it is not a promise that no arrest can happen there.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
Survivors go to shelters, advocates and protection-order hearings to get safe. The fear that immigration agents will be waiting there keeps some people away. This page sets out what the statute actually says, and what it does not.
This site never publishes shelter names or addresses, and nothing here helps anyone find a person. In danger now? Call 911.
What INA 239(e) says
INA 239(e), also at 8 U.S.C. 1229(e), applies when an enforcement action takes place at one of these places:
- a domestic-violence shelter,
- a rape crisis center,
- a supervised visitation center,
- a family justice center,
- a victim services provider,
- a community-based organization, or
- a courthouse, or in connection with an appearance at a courthouse, if you are appearing in a protection-order case, a child custody case, or another civil or criminal case relating to domestic violence, sexual assault, trafficking or stalking in which you were battered or subjected to extreme cruelty, or if you are a T or U nonimmigrant.
In that situation the Notice to Appear must state that the government complied with 8 U.S.C. 1367, the confidentiality statute that protects VAWA, T and U applicants. A knowingly false certification is penalized under 1367(c).
What it does not do
In the firm's reading, the statute does not forbid enforcement at those places. It adds a required statement and points back to the 1367 protections. Agency policies on where officers act are separate from the statute and change over time. We do not summarize them here, because a stale summary could put someone at risk.
The 1367 protections behind it
- No admissibility or deportability decision on the abuser's word alone. Under 8 U.S.C. 1367(a)(1), DHS, the Justice Department and the State Department may not make an adverse determination of admissibility or deportability using information furnished solely by the abuser or the abuser's family. It does not apply if you have been convicted of a crime listed in INA 237(a)(2), and USCIS does not apply it to the denial of an I-360, I-751 or I-765V (PA-2025-34).
- No disclosure. Under 1367(a)(2) and (b), they may not disclose information about a VAWA, T or U applicant to anyone, with limited exceptions. That ends once an application is denied and all appeals are exhausted, and USCIS treats 1367 protection as ending at naturalization (PA-2025-34).
Neither rule stops a person from calling ICE, and neither binds a state family or criminal court. That is the firm's reading of the statute's reach, explained in full on confidentiality.
If it happened to you
- Write down nothing about the abuse yet if a criminal case is open; talk to your criminal lawyer first. See arrested or charged.
- Keep every paper you were given, especially the Notice to Appear.
- Tell your immigration lawyer where and when the arrest happened. That fact is what makes INA 239(e) apply.
- If you are in custody, see detained survivors.
Going to a protection-order hearing
Whether to seek a protective order is your decision, made with an advocate. We do not tell anyone to seek one or not to. The page on protective orders explains what each choice does to the immigration case, and divorce, custody and VAWA covers family court.
Read next: confidentiality, when the abuser called ICE, detained survivors, or VAWA in immigration court.
Common questions
Can ICE arrest me at a shelter or at family court?
INA 239(e) does not read as a ban. It requires that when an enforcement action takes place at one of the listed places, the Notice to Appear states that the government complied with 8 U.S.C. 1367. That is the firm's reading of the text. Agency policies about where officers act change, and we do not summarize them here.
What should I do if I was arrested at one of these places?
Tell your lawyer exactly where and when it happened, and keep any paper you were given. Your lawyer reads the Notice to Appear for the statement INA 239(e) requires, and checks whether the confidentiality rules were followed.
Does this protect me if the abuser called ICE?
A different rule is more important there. Under 8 U.S.C. 1367(a)(1), DHS and the Justice Department may not make an adverse determination of admissibility or deportability using information furnished solely by the abuser or the abuser's family, unless you have been convicted of a crime listed in INA 237(a)(2). It does not stop the call from being made.
The lawyers who will handle your case
One of them calls you back, privately, on your terms.
Talk to a lawyer privately. You decide how we reach you.
Tell us a safe number or email and a safe time, and whether we can leave a message. We never contact the person who hurt you, and we never call from a number or send anything that names this site. The first conversation is free and confidential, in English, Russian, Spanish or Uzbek, with a live interpreter for any other language.