A federal judge has blocked key immigration enforcement policies that advocates say threatened survivors of domestic and sexual violence who are seeking humanitarian protections in the United States.
In an order, U.S. District Court Judge André Birotte Jr. of the Central District of California granted parts of a preliminary injunction in ICWC v. Noem, temporarily halting policies implemented by the Department of Homeland Security, Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services.
The court also preliminarily certified three nationwide classes of immigrant survivors, extending protections to individuals with pending applications for U visas, T visas and relief under the Violence Against Women Act, known as VAWA.
The ruling blocks ICE from detaining certain applicants while their cases are pending. The protected groups include survivors who have been detained or targeted for detention despite pending petitions, those granted deferred action but still detained or deported without notice or hearings, and individuals who requested stays of removal before deportation orders were carried out.
The lawsuit was filed by several legal advocacy organizations, including the Center for Human Rights and Constitutional Law, Public Counsel, La Raza Centro Legal, the Coalition for Humane Immigrant Rights, the Immigration Center for Women and Children, and the California Collaborative for Immigrant Justice. The groups challenged recent policies they say undermined long-standing congressional protections for immigrant victims of crime and abuse.
Among the policies at issue is a 2025 ICE guidance that allows deportation of individuals with pending victim-based petitions and does not require officers to treat victim status as a positive factor in detention decisions. Another policy alleged in the lawsuit permits ICE to detain or deport individuals despite prior grants of deferred action, effectively bypassing those protections. A third challenged practice involves deporting applicants for U or T visas who requested a stay of removal without first obtaining required eligibility determinations.
Advocates said the court’s decision preserves critical safeguards for survivors while the case proceeds.
“This is a deeply important victory for immigrant survivors,” said Archi Pyati, CEO of the Tahirih Justice Center, a nonprofit providing legal and social services to immigrant survivors. “For years, Congress has recognized that survivors need protection, not punishment, and the importance of ensuring that all victims and witnesses feel safe to come forward and report crime.”
Pyati added that targeting survivors for detention or deportation undermines public safety and discourages victims from cooperating with law enforcement.
The preliminary ruling does not resolve the case but provides immediate, nationwide protections as litigation continues. Advocates say the outcome could have broad implications for how immigration authorities treat survivors seeking legal status in the United States.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
