Abstract
Imagine being sexually assaulted and then having to choose between justice or deportation. In today’s climate of heightened immigration enforcement, many undocumented immigrant victims of sexual assault understandably remain silent. After all, who would risk everything just to report a crime that might get them deported? The fear of being separated from their families, ripped from the lives they have built, and sent back to dangerous conditions in their home countries prevents these victims from coming forward and seeking justice. Additionally, the current protections available to them are flawed and insufficient—primarily due to the U visa cap and prolonged processing times. These flaws only heighten the barriers these victims face. To increase reporting among these victims, comprehensive reforms are necessary, including eliminating the U visa cap, streamlining the application process, strengthening trust between law enforcement and immigrant communities, implementing anonymous reporting systems, and expanding access to legal and community-based resources.
Recommended Citation
Adriana Herrera, Silenced By Fear: Undocumented Immigrant Victims of Sexual Assault, 20 FIU L. Rev. 1391 (2026), https://doi.org/10.25148/lawrev.20.4.14.
