Undocumented Survivors

What are my rights as an undocumented survivor?

Regardless of your status, you have rights as a Cal Poly community member and as a survivor. You have the right to:

• Not be threatened with deportation by your institution, or to disclose your immigration status. This is considered a violation of both Title IX and the Clery Act, as it actively discourages undocumented survivors from reporting.
• File a complaint anonymously either with the federal government or with your institution. If you fear exposing your undocumented status, you are under no obligation to include your name or identifying information in your complaints.
• Report your case to law enforcement. Undocumented survivors can apply for federal visas, such as U-Visas, VAWA, and T-Visas, that protect survivors. Some visas require survivors to work with law enforcement. It is important to check in with an immigration attorney if you would like to file an application for a visa. To access free legal resources from Immigration Legal Defense and the CSU, make an appointment on the Dream Center’s Calendly! All consultations with attorneys are confidential.

What does it mean that Safer is confidential - especially regarding my documentation status?

Safer is a confidential resource, meaning we do not share any of your information with the University without your explicit consent. What is said to a Safer Advocate will not be shared with law enforcement officers, medical personnel, parents, friends, or any on or off-campus department or agency unless requested by the survivor. Safer Advocates acknowledge that reporting to law enforcement does not feel like a safe option for everyone, including undocumented survivors who may experience barriers engaging with law enforcement.

If I sought out services from Safer, would my friends/community find out?

As noted in the previous question, Safer services are confidential which means we never release the names or other identifying information of our clients. If you decide to report to law enforcement or Title IX, the respondent/perpetrator could potentially share information about the investigation with friends and community members.

When working with Safer, do I have to report to law enforcement?

No. Safer never requires anyone to report to law enforcement. Safer is here to support you through any decision you decide to make.

Can I still get medical care after an assault? Would I have to disclose my documentation status in those settings?

Yes, you can get medical care after an assault without having to disclose your documentation status. There is no need for medical providers to know your documentation status for you to access their services.

• If you decide to receive a forensic medical (SART) exam, you have the option to choose a standard or restricted SART exam. A standard exam would include an interview with law enforcement, whereas a restricted SART exam would not involve law enforcement.
• Campus Health and Wellbeing can provide care following an assault. While they do not provide forensic medical exams, they can treat injuries, test for STIs, and provide prophylactic care.
• Local nonprofit healthcare providers including Planned Parenthood and The Center accept the Family Pact Program which allows low income/uninsured patients to be treated at no cost. You can fill out a form to get a Family Pact card at your first appointment at either facility and you do not have to disclose documentation status.

What departments and organizations would require information that I may not have as an undocumented person?

Undocumented survivors can access services from Victim Witness, including funds from the Victim Compensation Board. Instead of using a social security number, undocumented folx can use their individual taxpayer identification number if they have one.

There are other departments and organizations that will require information that undocumented folx may not have, such as Cal Fresh, financial aid, etc. For more information, see the Dream Center’s website.