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Jenner & Block Partners David Bitkower and Mary Ellen Callahan, Staff Attorney Danielle J. Nicholson, Associate Sati Harutyunyan and Summer Associate Meenu Krishnan assisted the Tahirih Justice Center (TJC) in ensuring the removal of confidential information about immigrant victims of crime from a publicly-accessible database managed by U.S. Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security (DHS). The Tahirih Justice Center is a national organization that provides legal services to immigrants and refugee women and girls fleeing violence.
The ICE database, called the Victim Information and Notification Exchange, permitted members of the public to elect to receive notifications about the whereabouts of immigrants in ICE detention. But the database included information about detained immigrants who were themselves victims of crime, including human trafficking and domestic violence. The database thereby risked placing those victims in danger, including from those who had previously victimized them and could now track their physical location. Under federal law, DHS is prohibited from disclosing information about a survivor of violence seeking protection under the Violence Against Women Act of 1994 or the Victims of Trafficking and Violence Prevention Act of 2000.
After multiple requests from TJC to remove the confidential information – and after the information had been publicly available likely for months – ICE promptly resolved the database problem once the firm team took on the matter. There was no litigation involved.