In the case of State v. Du, the court charged the defendant with sexual abuse and granted Sanctuary for Families’ motion to quash the defendant’s subpoena to obtain the victim’s T visa application which could not be obtained from the victim’s advocate or counsel because it was protected by VAWA confidentiality. The court reversed its prior decision to review the victims immigration case application in camera. The court decided after reviewing VAWA confidentiality law that in-camera review of the victim’s immigration case file by a state court judge would violate VAWA confidentiality laws 8 U.S.C. 1367 (N.Y. Sep. 27, 2024).
National Immigrant Women's Advocacy Project