A. Confidentiality Protections

DHS may not generally disclose any information relating to applicants for T nonimmigrant status, as that information could be used against them by traffickers or others who would seek to harm them.^[1] They are also protected against traffickers attempting to provide adverse evidence against them in relation to their applications with USCIS. These protections include the following:

1. DHS is prohibited from making an adverse determination of admissibility or deportability against an applicant for T nonimmigrant status based on information furnished solely by the perpetrator of the acts of trafficking in persons;^[2] and
2. DHS is prohibited from disclosing any information relating to the beneficiary of a pending or approved application for T nonimmigrant status except in certain limited circumstances.^[3]

B. Disclosure of Information

Officers must comply with the confidentiality provisions when an applicant for T nonimmigrant status requests information about the applicant’s case.^[4]

Footnotes

[^ 1] See 8 U.S.C 1367.

[^ 2] See 8 U.S.C. 1367(a)(1)(F).

[^ 3] See 8 U.S.C. 1367(a)(2). See Volume 1, General Policies and Procedures, Part A, Public Services, Chapter 7, Privacy and Confidentiality, Section E, VAWA, T, and U Cases [1 USCIS-PM A.7(E)]. See Implementation of Section 1367 Information Provisions (PDF), DHS Instruction 002-02-001, Revision 00.1, issued November 7, 2013.

[^ 4] See Volume 1, General Policies and Procedures, Part A, Public Services, Chapter 7, Privacy and Confidentiality [1 USCIS-PM A.7].