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National Crime Victim Law Institute

Fighting for immigrant crime victims’ rights to privacy & protection!

May 12, 2014

An immigration attorney representing a child-victim of sexual assault sought assistance from NCVLI on the case.  Defense counsel had subpoenaed victims’ entire U-Visa application.  NCVLI worked with the attorney to craft arguments to quash the subpoena, including that the application is privileged; it is confidential under federal law; and that disclosure would violate the victim’s state and federal constitutional rights.  Unfortunately, the Court denied the motion, ordering an in camera review (meaning a private review by only the Court initially) and the victim did not want to challenge the decision.  Fortunately, upon reviewing the records, the Court declined to release them to the Defendant.  NCVLI is committed to fighting this issue on every front because even in camera reviews are invasive!  If you are facing a similar issue, please contact us for technical assistance.