Undocumented students occupy a vulnerable position and my face barriers to reporting an incident for fear of repercussion. As an undocumented student, you have rights!
- You are not to be threatened with deportation by your institution: this is considered a violation of both Title IX and the Clery Act as it is an active discouragement from reporting.
- You can file a complaint anonymously: either with the federal government or with your institution. If you fear exposing your undocumented status you are under no obligation to include your name or identifying information in your complaint.
- You are not be asked to disclose your immigration status to school administrators when reporting a sexual assault: this is considered intimidation and violates the Clery Act.
- You do have the right to report the crime to authorities. In cases such as these, sexual assault survivors can apply for a U-Visa which protects survivors working with law enforcement from being deported. U-Visas have a nationwide cap and can be difficult to obtain, however, you should not feel that you are limited in reporting―if you feel strongly about reporting the assault to the authorities a U-Visa is an option.
- If any of your rights are violated by your institution you have the right to file a federal complaint.
This information comes from: End Rape on Campus (EROC) International & Undocumented Students
Additional information detailing the rights of International and Undocumented students, as well as the intersections of immigration status and Title IX: Know Your IX