Chapter 14 - Confidentiality Protections and Prohibitions Against Disclosure
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. 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:
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; and
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.
Officers must comply with the confidentiality provisions when an applicant for T nonimmigrant status requests information about the applicant’s case.
[^ 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 DHS Instruction No. 002-02-001, Implementation of Section 1367 Information Provisions (PDF) (Nov. 7, 2013).