8 U.S.C. § 1367 — Penalties for disclosure of information

(a) Except as in (b), no Attorney General^*, Justice official or employee, Secretary of Homeland Security, Secretary of State^*, or official or employee of either department or its bureau or agency may: (1) make an adverse admissibility or deportability decision under the Immigration and Nationality Act using information supplied only by (A) a spouse or parent who battered the alien^* or subjected the alien to extreme cruelty; (B) a household family member of that spouse or parent who did so when the spouse or parent consented or acquiesced; (C) a spouse or parent who battered the alien’s child or subjected the child to extreme cruelty without the alien actively participating; (D) such a household family member who did so when the spouse or parent consented or acquiesced and the alien did not actively participate; (E) for a U-visa applicant, the perpetrator of substantial physical or mental abuse and criminal activity; or (F) for a T-visa applicant, a specified title 22 applicant, a former section 244(a)(3) applicant, or a VAWA self-petitioner, the trafficker or perpetrator, unless the alien was convicted of an offense listed in section 237(a)(2) of the Immigration and Nationality Act; or (2) allow anyone other than a sworn department officer or employee, for legitimate department purposes, to use or receive information about an alien who benefits from an application for T, U, or VAWA-related relief, or section 240A(b)(2) relief. The paragraph (2) restriction ends when relief is denied and all appeals are exhausted.

(b)(1) Homeland Security or the Attorney General may allow disclosure in the same way and circumstances as census information may be disclosed under title 13, section 8. (2) They may allow disclosure to law-enforcement officials solely for a legitimate law-enforcement purpose, in a way protecting confidentiality. (3) Subsection (a) does not block disclosure for judicial review in a confidential manner. (4) Paragraph (a)(2) does not apply if all battered individuals are adults and all waive its restrictions. (5) Homeland Security and the Attorney General may disclose information to Federal, State, and local public or private benefits agencies solely to decide eligibility under section 1641(c). (6) They may disclose closed-case information to the Judiciary Committee chairmen and ranking members for congressional oversight, if confidentiality is protected and personally identifying information, including location information, is omitted. (7) Government entities deciding relief applications and personnel performing the specified immigration-law duties may, with the alien’s prior written consent, communicate with nonprofit, nongovernmental victim-service^* providers solely to help victims obtain services from programs experienced with immigrant^* victims. Receiving agencies are bound by this section. This does not affect an applicant’s ability to designate a safe organization^* through which agencies may communicate. (8) Despite (a)(2), either Secretary or the Attorney General may allow disclosure to national-security officials solely for a national-security purpose, with confidentiality protected.

(c) Anyone who willfully uses, publishes, or permits disclosure violating this section, or knowingly makes a false certification under section 239(e) of the Immigration and Nationality Act, is subject to appropriate discipline and a civil penalty up to $5,000 for each violation.

(d) The Attorney General and the Secretaries of State and Homeland Security must guide covered department officers and employees about this section, including protections against harm from improper disclosure for victims of domestic violence, severe trafficking, or qualifying criminal activity.