8 USC 1367: Confidentiality, Disclosure Rules, and Penalties

8 USC 1367 is the federal confidentiality statute that shields noncitizens who apply for humanitarian immigration relief as survivors of abuse, trafficking, or serious crime. It does two things at once: it forbids the government from basing an admissibility or deportability decision solely on information from an abuser, trafficker, or perpetrator, and it forbids covered officials from disclosing information about a protected applicant to anyone outside the agency, except under a short list of exceptions. Willful violations carry disciplinary action and a civil penalty of up to $5,000 per incident.¹

Who the Statute Covers

The confidentiality rules apply to noncitizens who are the beneficiaries of applications in four categories of relief:

VAWA self-petitioners, meaning survivors of domestic violence, sexual assault, or extreme cruelty by a U.S. citizen or lawful permanent resident spouse, parent, or child who file their own petitions under the Violence Against Women Act.
Applicants for VAWA cancellation of removal.
T visa applicants (victims of human trafficking).
U visa applicants (victims of qualifying criminal activity who have suffered substantial physical or mental harm).

Derivative beneficiaries listed on the primary application, such as children or a qualifying spouse, are covered on the same terms. The agencies bound by the statute are the Department of Justice, the Department of Homeland Security along with USCIS, ICE, and CBP, and the Department of State.¹

The Prohibited-Source Rule

Subsection (a)(1) blocks the government from making an adverse admissibility or deportability determination when the only information supporting it comes from a prohibited source. Prohibited sources include an abusive spouse or parent, a household member who committed or acquiesced in the abuse, a trafficker, or the perpetrator of the qualifying crime in a U visa case.¹

In practice, this means an abusive spouse’s tip to ICE cannot, standing alone, be used to place the victim in removal proceedings. The government needs independent evidence before acting. A December 2025 USCIS policy update clarified that DHS does not consider whether a waiver of inadmissibility might be available when it evaluates the (a)(1) rule.²

The prohibited-source protection does not apply if the noncitizen has been convicted of a deportable offense under INA section 237(a)(2), which includes aggravated felonies, controlled substance offenses, firearms violations, and certain domestic violence convictions.¹

The Disclosure Rule

Subsection (a)(2) is broader. Covered officials cannot use, publish, or share information relating to a T visa, U visa, VAWA self-petition, or VAWA cancellation applicant with anyone outside the department, aside from legitimate internal work or one of the statutory exceptions. The rule reaches application contents, immigration status, identifying information, and case files. Confirming that a person has a pending application can itself be a violation if it exposes the applicant to harm.¹

ICE and CBP also cannot use knowledge of a pending VAWA, T, or U application as the basis for initiating removal.

When Disclosure Is Allowed

The statute permits disclosure in a narrow set of circumstances. Most require that the information continue to be handled confidentially after it changes hands.¹

Law enforcement. The Secretary of Homeland Security or Attorney General may authorize disclosure to law enforcement officials for a legitimate law enforcement purpose, provided confidentiality is maintained.
Judicial review. Information may be disclosed in connection with judicial review of the immigration determination itself, so long as the court preserves confidentiality.³
Public benefits eligibility. Federal, state, and local agencies administering benefits may receive information solely to determine eligibility under 8 USC 1641(c), and for no other purpose.
Congressional oversight. The Attorney General and Secretary of Homeland Security may share information on closed cases with the chairs and ranking members of the House and Senate Judiciary Committees, but personally identifying information, including anything that could reveal location, must be removed first.
Victim services referrals. With the applicant’s prior written consent, the adjudicating agency may communicate with nonprofit, nongovernmental victim service providers for the sole purpose of connecting the applicant with services. Providers who receive referrals are themselves bound by the confidentiality rules.
National security. The Secretary of Homeland Security, Secretary of State, or Attorney General may authorize disclosure to national security officials for a national security purpose, with confidentiality preserved.
Statistical purposes. Information may be released under the same conditions that govern census data under 13 USC 8, meaning aggregated data that cannot identify individuals.³

A separate waiver provision lets the confidentiality restrictions be lifted entirely, but only when every battered individual in the case is an adult and each of them agrees. Children cannot waive their own protections, and USCIS has confirmed that only adults may exercise this waiver.³²

Sensitive Locations and the 1229(e) Certification

8 USC 1229(e) reinforces 1367 by requiring a compliance certification whenever an enforcement action leading to removal proceedings takes place at a designated sensitive location. The Notice to Appear must certify that the government followed the 1367 confidentiality rules.⁴

The designated locations are domestic violence shelters, rape crisis centers, supervised visitation centers, family justice centers, victim services providers, and community-based organizations. Courthouses are also covered when the person is appearing for a protection order, child custody matter, or another proceeding related to domestic violence, sexual assault, trafficking, or stalking, and when the person appearing is a T or U visa applicant.¹

A knowingly false certification of compliance carries the same penalty as a direct 1367 violation.

How Long the Protections Last

The two prohibitions run on different clocks. The prohibited-source rule in (a)(1) has no expiration; the government can never rely solely on an abuser’s or trafficker’s information as the basis for an adverse decision against the victim, whatever happens with the case.

The disclosure restriction in (a)(2) lasts until the application for relief is denied and every opportunity for appeal has been exhausted. While the application is pending or an appeal remains available, the shield stays in place.¹

For applicants who are approved and eventually naturalize, USCIS reads the protections as ending at naturalization, while retaining discretion to reapply them if circumstances warrant, such as when a citizenship eligibility question arises. If denaturalization proceedings begin, the protections are reinstated at that point.²

Penalties for a Violation

Anyone who willfully uses, publishes, or permits the disclosure of protected information is subject to disciplinary action and a civil penalty of up to $5,000 per violation. The same penalty applies to a knowingly false certification of 1367 compliance on a Notice to Appear following an enforcement action at a sensitive location. Disciplinary consequences can include suspension, demotion, or termination.¹

The statute’s trigger is willful conduct, not accidental disclosure. That distinction matters when evaluating whether a particular breach falls within the civil-penalty provision or is instead handled through internal administrative processes.

1
Office of the Law Revision Counsel. 8 USC 1367 Penalties for Disclosure of Information
2
U.S. Citizenship and Immigration Services. Applicability of 8 U.S.C. 1367(a)(1) and (a)(2) Provisions
3
Justia Law. 8 USC 1367 Penalties for Disclosure of Information
4
GovInfo. 8 USC 1229 Initiation of Removal Proceedings