Discovery rules
Laws, regulations, and policies
Overview
When it comes to holding perpetrators of immigration fraud accountable, mere suspicion is not enough. Victims of fraud need credible evidence. Due to the federal Privacy Act, which shields most federal immigration records from disclosure, victims of fraud can struggle to obtain evidence of fraud. Nevertheless, there are several mechanisms that may be used to uncover evidence of fraud, including formal discovery procedures in litigation.
Disclaimer: Please be aware that immigration law is one of the most complex bodies of law in the U.S. Code. A single fact can make a world of difference in the applicability of certain laws. Professional legal advice is highly advised before relying on these laws in specific matters.
Constitution
14th Amendment (Brady Doctrine)
Statutes
5 U.S.C. § 552 – FOIA
5 U.S.C. § 552a – Privacy Act
8 U.S.C. § 1367 – VAWA Confidentiality
Rules
Federal rules
Federal courts maintain their own discovery rules for criminal and civil cases, and the application of these rules vary.
State rules
Each state maintains their own discovery rules for criminal and civil cases, and the application of these rules vary.