If You Are an Undocumented Immigrant Experiencing Violence, Here Are Some Steps That You Can Take:

(Adapted From Undocumented and Experiencing Abuse: What Are My Rights?)

Know Your Rights

Although immigration laws are constantly evolving, knowing your rights can be empowering. Everyone has the right to seek safety without having to disclose their immigration status. You have the right to seek emergency medical care, shelter, short-term housing, crisis counseling and intervention programs, soup kitchens, community food banks, protection under Title IX, assistance from law enforcement, and Crime Victim Compensation, regardless of immigration status. Everyone also has the right to file for protective orders, divorce, or custody of their children.

Interacting with Law Enforcement or Police

Interacting with law enforcement can be frightening. However, everyone, including undocumented immigrants, could benefit from preparing themselves emotionally for the possibility of interacting with police. If you find yourself in a situation where law enforcement inquires about your status, you have the right to stay silent or choose not to answer. 

Even if you don’t speak English

If you need support to be able to contact a shelter, you can always reach out to the National Domestic Violence Hotline, which has English- and Spanish-speaking advocates (and over 170+ different language interpreters) available on phone and chat.

Additionally, whenever reaching out to emergency shelters, health clinics, or law enforcement for help, you have a right to interpretation and translation services. Unfortunately, some service providers may not have access to immediate interpretation or translation services and there may be delays when seeking support. However, you should know that being denied this is considered discrimination.

Accessing medical assistance without health insurance

Federal law requires any hospital that accepts federal Medicare funding to provide emergency medical care to all patients, regardless of immigration status, without requiring proof of citizenship or insurance. This law applies nationwide. If you are undocumented and experiencing abuse and go to the hospital, you have the right to receive emergency care and to decline to answer questions about proof of insurance or citizenship. To confirm whether a hospital receives government funding, you can check if it accepts Medicare by reviewing its website or contacting the hospital's administration directly. 

However, because emergency medical care can be expensive it may be helpful to reach out to the National Association of Free & Affordable Clinics, which offers free services to all individuals. There are also community health centers, CVS Minute Clinics, Planned Parenthood, Gay Men’s Health Crisis, and Trans-centered health clinics that offer inclusive, free, and/or low-cost healthcare options.

You have the right to safety and support, regardless of your immigration status. No one should face violence alone.

If you are an LGBTQ+ immigrant experiencing violence and would like to know more about your legal immigration options, please contact our team.

Published August 31, 2024