[pdf] Access to State-Funded Public Benefits in Nebraska for Survivors (Updated April 25 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in Indiana for Survivors (Updated April 16, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in Arizona for Survivors (updated April 16, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in Alaska for Survivors (Updated April 17, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in South Dakota for Survivors (Updated April 4, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in West Virginia for Survivors (Updated April 4, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in Vermont for Survivors (Updated April 4, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in Tennessee for Survivors (Updated April 4, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in Pennsylvania for Survivors (Updated April 4, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in New Mexico for Survivors (Updated April 4, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in Montana for Survivors (Updated April 4, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in Kansas for Survivors (Updated April 4, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in Mississippi for Survivors (Updated April 4, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in Idaho for Survivors (Updated April 4, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in Iowa for Survivors (Updated April 4, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in Florida for Survivors (Updated April 4, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in DC for Survivors (Updated April 4 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Access to State-Funded Public Benefits in Delaware for Survivors (Updated April 4, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Benefits for Immigrant Crime Victims: Technical Assistance on Eligibility for Maryland (December 19, 2023) (+)

This report provides a brief description of Maryland’s current eligibility criteria for a variety of public benefits, including food assistance, cash assistance (TANF), healthcare, and Supplemental Security Income, as well as access to Driver’s Licenses for persons who cannot provide proof of lawful status including specifically immigrant survivors of domestic violence, child abuse, sexual assault, stalking, and human sex and labor trafficking. The report focuses particularly on benefits for immigrant crime survivors who have filed or are preparing to file for immigration relief: VAWA Self-Petitioners, U visa applicants, T visa applicants, applicants for Special Immigrant Juvenile Status (SIJS), and applicants for Continued Presence. For each benefit type, the report discusses a model state law as well as options for a more incremental approach. It then provides a menu of options, drawn from other state law approaches, for Maryland to extend eligibility for public benefits to more immigrant victims of crime and abuse than it currently does. The report also provides an analysis of best practices where appropriate.

[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Special Immigrant Juvenile Status – Case Law Chart (April 1,2024) (+)

This Appendix “X” provides a case law chart for Special Immigrant Juvenile Status state court cases from across the country including reported and unreported cases through December 2020. This appendix is in locked excel format allowing users to sort by any of the chart columns. It includes an All States tab and additional tabs that report on case law by state for each of the states in which reported or unreported cases could be identified. As new cases are published please forward them to NIWAP by emailing info@NIWAP.org with the message title “NEW SIJS CASE” to help us identify new cases to add to the chart more swiftly.

This publication was developed under grant number SJI-20-E-005 from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.

[pdf] DOJ, Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and Adults (April 20, 2023) (+)

Joint letter issued by the e Civil Rights Division, Office of Justice Programs, and Office for Access to Justice, addresses in detail the assessment of fines and fees against both adults and juveniles. The letter includes an updated discussion of the relevant case law on the assessments of fines and fees, cautions against discriminatory enforcement of fines and fees, and details the obligations of federal funding recipients to comply with federal statutory prohibitions against discrimination in the imposition and collection of fines and fees. Pages 16-18 of the joint letter discuss the how recipients of federal financial assistance, including court systems, must also comply with statutory prohibitions against discrimination in the imposition of fines and fees and this includes courts must, for instance, provide appropriate language assistance services to LEP individuals in connection with assessment and collection of fines and fees. Such assistance includes, but is not limited to, ensuring that court users with LEP have competent interpreting and translation services during all related hearings, trials, and motions, provided at no cost.

[pdf] DOJ, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (June 18, 2002) (+)

Final Department of Justice Guidance to all recipients of federal assistance regarding statutory and regulatory obligations to provide meaningful access to the benefits, services, information, and other important portions of recipient agency programs and activities for individuals who are limited English proficient.

[pdf] DOJ Assistant Attorney General Letter to Chief Justices and State Court Administrators (2018) (+)

This letter provides state courts further clarity regarding the requirement that courts receiving federal financial assistance provide meaningful access to all court services for Limited English Proficient individuals including courtrooms and hearing in all types of cases and to court services including information counters, clerks offices, and all court ordered services (e.g., counseling, batterers treatment, guardians ad litem, child advocates). The letter emphasizes that:
“The Federal requirement to provide language assistance to LEP individuals applies notwithstanding conflicting state or local laws or court rules.”
“Dispensing justice fairly, efficiently, and accurately is a cornerstone of the judiciary.”
“Language services expenses should be treated as a basic and essential operating expense, not as an ancillary cost.”

[pdf] Access to State-Funded Public Benefits in Ohio for Survivors (Updated March 27, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Chapter 3.3 Preparing the VAWA Self-Petition and Applying for Residence (August 16, 2023) (+)

Guide to preparing and filing Violence Against Women Act (VAWA) Self-Petitions on behalf of battered immigrant spouse, children, step-children, former spouses, and parents of citizens and lawful permanent residents. Includes applications for lawful permanent residency for approved VAWA self-petitioners and their children.

[pdf] Access to State-Funded Public Benefits in Arkansas for Survivors (Updated December 14, 2023) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] State Justice Institute (SJI) and National Judicial Network Training Materials (March 14, 2024) (+)

Most up to date training materials for state court judges on issues that arise in state court cases involving human trafficking victims, immigrant victims of crime and abuse, and immigrant children. This collection of materials was developed with support from the State Justice Institute (SJI) and National Judicial Network Training Materials and includes links to training materials in NIWAP web library.

[pdf] Hennepin County Attorney’s Office U Visas and T Visas Certification Policy (March 7, 2024) (+)

The Hennepin County Attorney’s Office in March of 2024 implemented a U and T visa certification policy that is both fully consistent with DHS policies, regulations, and publications on the U and T visa programs and adopts a victim centered trauma informed approach to the U and T visa certification process. It serves as a model prosecution office policy that is clear, transparent, and is designed to address and inform that public about how the agency wants to receive certification requests which is consistent with prosecutors’ discovery obligations. This policy furthers victim protection goals and the prosecutor’s office’s important work to hold offenders accountable for their crimes.

[pdf] HHS OTIP -Child Eligibility Benefits Handout (February 20, 2024) (+)

HHS Office on Trafficking in Persons Child Eligibility Handout updated and expanded February 20, 2024 provides an overview of the benefits and services available to help immigrant child trafficking victims who have received HHS child eligibility letters. It includes useful links and telephone numbers, steps children with OTIP letters have to take to obtain social security numbers required by some benefits granting agencies, how to apply for public benefits and how to present evidence of age and date of birth.

[pdf] Access to State-Funded Public Benefits in North Carolina for Survivors (Updated February 3, 2024) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] 12 Question Predatory Helpfulness Screener (October 24, 2023) (+)

This screener appears as an appendix to the article Inderjit K Basra, Tatum Kenney, Shandra Forrest-Bank, Lisa K. Zottarelli & Chitra Raghavan (24 Oct 2023): Predatory Helpfulness: An Empirical Framework to Identify Fraudulent Tactics Used by Pimps to Recruit and Commercially Sexually Exploit Young Girls and
Women, Journal of Human Trafficking, DOI: 10.1080/23322705.2023.2259263
To link to this article: https://doi.org/10.1080/23322705.2023.2259263

[pdf] Model DOJ Complaint Form- Sample (2023) (+)

U.S. DOJ, Federal Coordination and Compliance Section, Complaint Form (2023) – This Sample provides an illustration of how to complete a complaint form regarding law enforcement not using qualified interpreters at the crime scene when responding to a domestic violence incident.

[pdf] How Immigration Law and Policies Impact State Courts — When Children and Litigants are Victims of Human Trafficking, Domestic Violence, Child Abuse, or Sexual Assault (NCJFCJ, In-Session -Fall 2023) (+)

This In-Session article discusses immigration policy updates that have occurred in 2021 – 2023 and the impact that what these policies mean for state courts adjudicating a range of family court cases involving immigrant children, immigrant crime victims, and child victims living in mixed immigration status families.

[pdf] VAWA Confidentiality Training Materials (November 17, 2023) (+)

This collection of training materials address all three aspects of VAWA confidentiality protections for immigrant victims. It includes training materials on the VAWA confidentiality’s
— bars on reliance on perpetrator provided information to harm victims including protections against deportation;
— prohibitions on immigration enforcement against immigrant crime victims at courthouses and other locations; and
— bars and limitations on discovery in civil, family and criminal court cases.

This document includes links to web pages with more information and a specific materials list that includes bench cards, cases, and tools to assist judges and lawyers with issues related to the impact of federal VAWA confidentiality laws on discovery in state court cases.

[pdf] FAQs for Victims’ Lawyers: The Central Role of Federal Immigration Laws and the Confidentiality Provisions of the Violence Against Women Act (VAWA) in Protecting the Safety and Privacy of Immigrant Survivors (January 2023) (+)

The immigration-related remedies for survivors of crime, and the corresponding federal immigration VAWA confidentiality laws, are designed to remove immigration status as a barrier to survivors accessing the help they need. They are also intended to encourage survivors to report to and cooperate with law enforcement and criminal prosecutions. The Victim Rights Law Center (VRLC)1 and the National Immigrant Women’s Advocacy Project (NIWAP)2 developed these FAQs (and a companion tip sheet) to help attorneys understand and navigate the VAWA confidentiality protections in federal immigration law when representing survivors of sexual assault, domestic violence, sex trafficking, dating violence, and stalking who are seeking protection from deportation and other immigration relief.

[pdf] The Violence Against Women Act (VAWA): Tips to Protect the Privacy of Immigrant Survivors (January 2023) (+)

The Victim Rights Law Center (VRLC)1 and the National Immigrant Women’s Advocacy Project (NIWAP)2 developed these tips (and a companion set of FAQs) to help attorneys understand and navigate the VAWA confidentiality protections in federal immigration law. The tips are intended to help you promote the safety, privacy, and healing of survivors of sexual assault, domestic violence, sex trafficking, dating violence, and stalking.

[pdf] USCIS Updates Policy Guidance on Self-Selecting a Gender Marker on Forms and Documents (March 31, 2023) (+)

U.S. Citizenship and Immigration Services is updating policy guidance in the USCIS Policy Manual to clarify that, effective immediately, USCIS will accept the self-identified gender marker for individuals requesting immigration benefits. The gender marker they select does not need to match the gender marker indicated on their supporting documentation.

[pdf] USCIS Citizenship for Adopted Children (April 21, 2023) (+)

Under U.S. laws, children may obtain U.S. citizenship other than through birth in the United States.1 In general, persons born outside of the United States, including adopted children, may obtain U.S. citizenship after birth, before the age of 18, through a U.S. citizen parent. Some children immigrating based on adoption automatically acquire U.S. citizenship upon their admission to the United States as lawful permanent residents. Others do not, and their adoptive parents need to take additional steps before an adopted child turns 18 years of age for the child to obtain U.S. citizenship through the adoptive parent(s). Adoptees who do not obtain citizenship through their adoptive parents before turning 18 may be eligible to apply for naturalization after the age of 18. USCIS issued new policies clarifying guidance on citizenship and naturalization policy for adopted foreign born children.

[pdf] USCIS Bona Fide Determination Process for Qualifying Family Members of U Nonimmigrant Victims of Qualifying Crimes (August 11, 2023) (+)

USCIS issues updates to the USCIS Policy Manual to facilitate adjudication and issuance of bona fide determinations for qualifying family members of U visa applicants living in the U.S. at the same time the as USCIS issues a bona fide determination to the U visa applicant.

[pdf] Trafficking: Resources for Advocates Addressing Domestic and Sexual Violence (March 2018) (+)

This publication by the Asian Pacific Institute on Gender-Based Violence provides information and guidelines about obtaining legal relief, social services and/or benefits for trafficking victims also experiencing domestic and/or sexual violence.

[pdf] Meeting the Legal Needs of Child Trafficking Victims: An Introduction for Children’s Attorneys and Advocates (April 2009) (+)

The ABA training manual written by Eva Klain, Amanda Kloer, Diane Eason, Irena Lieberman, Carol Smolenski, and Robin Thompson discusses identification and representation of child victims of human trafficking in civil, protection order, immigration, employment and other cases. It discusses community-based responses to child trafficking and provides resources for attorneys and advocates.

[pdf] The Human Trafficking Legal Center, Human Trafficking and Domestic Violence Fact Sheet (2018) (+)

This fact sheet developed by The Human Trafficking Legal Center provides cases that illustrate how victims of domestic violence may also be victims of sex and/or labor trafficking. Growing recognition of the connection between domestic violence and human trafficking will enable survivors to achieve justice and immigration relief.

[pdf] Meeting the Legal Needs of Human Trafficking Victims: An Introduction for Domestic Violence Attorneys and Advocates (2009) (+)

The ABA manual written by Jean Bruggeman and Elizabeth Keyes helps attorneys and victim advocates working with domestic violence victims recognize human trafficking occurring in domestic violence relationships. It describes why it is important to identify trafficking occurring within families, the civil, immigration, employment and other remedies available for victims and provides practice pointers for effective representation. The publication includes other valuable resources for domestic violence victims’ attorneys working with victims who are also subjected to human trafficking.

[pdf] Human Trafficking and Domestic Violence: A Primer for Judges (2013) (+)

This article by Dorchen Leidholdt discussed the intersection of human trafficking with domestic violence relationships. It discusses how “understanding the domestic violence/trafficking connection is not only useful to
judges and court personnel in identifying victims and understanding the nature and effects of their ordeal. It can also be valuable in understanding the kind of assistance victims need and where help is available. Courts increasingly are taking steps to ensure that victims obtain assistance and are referring them to service.”
providers.

[pdf] USCIS Opens the Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center (March 30, 2023) (+)

U.S. Citizenship and Immigration Services (USCIS) is announcing the opening of the Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) Service Center, the sixth service center within its Service Center Operations (SCOPS) directorate, and the first to focus on humanitarian and other workload cases. The cases HART opened with adjudicating are: VAWA self-petitions (I-360), U visa bona fide determinations (I-918), Relative Petition for Asylees and Refugees (I-730) and Applications for waivers of reentry bars for immigrant spouses of U.S. citizens and lawful permanent residents.

[pdf] Technical Assistance for Judges and Courts: Immigrant Victims of Domestic Violence, Child and Elder Abuse/Neglect, Sexual Assault, Stalking, Dating Violence and Human Trafficking (August 17, 2023) (+)

NIWAP offers technical assistance, training, training materials and legal research publications for judges, law clerks, court staff, state court educators, and state court administrators on topics that assist courts in family, juvenile, civil and criminal court cases involving foreign born victims of domestic violence, sexual assault, stalking, dating violence, child and elder abuse, and human trafficking. We specialize on how immigration laws intersect with state family, protection order, custody, child support, public benefits, criminal, civil, and language access laws. This set of flyers describes the training and technical assistance available to judges and state courts, followed by a flyer on the range of topics of training and technical assistance offered by NIWAP. The last flyer in this set discusses the training and technical assistance NIWAP offers state and local law enforcement and prosecution officials and their agency’s victim witness staff.

[pdf] Stalking Behaviors Targeting Immigrant Victims (August 16, 2023) (+)

This resource was developed by SPARC working in collaboration with NIWAP to provide a check list of stalking behaviors that are often present in stalking cases involving immigrant stalking victims and survivors. Stalking of immigrant victims includes a wide range of threatening and disturbing behaviors that can be classified into four categories: Surveillance, Life invasion, Intimidation, and Interference through sabotage or attack (SLII). NIWAP’s time on this publication was supported by the State Justice Institute Grant No. SJI-22-T-037.

[pdf] Domestic Violence and Involuntary Servitude as Human Trafficking (August 17, 2023) (+)

This document summarized new DHS policies describing how human trafficking in the form of involuntary servitude occurs and the proof that can be offered to demonstrate that a domestic violence or child abuse victim has also been subjected to human labor trafficking by their domestic violence or child abuse perpetrators. Human trafficking can and does occur within families and this tool will help judges, family lawyers, prosecutors and victim advocates identify it, document it, and make findings about its existence in court orders. By identifying human labor trafficking occurring within families immigrant victims gain a faster path to legal immigration status and greater access to public benefits and services than if courts, attorneys and victim advocates fail to identifying labor trafficking occurring within families.

August 28-29 & August 30-31, 2023 Boston, MA-Strengthening Community and Organizational Responses: Serving Immigrant Victims of Domestic Violence, Sexual Assault and Stalking

All of the PowerPoint Presentations for the workshops and plenaries are housed here. Agenda of Workshops and Plenaries with links to the slides and training materials for each session: Opening Plenary I – Investigating and Prosecuting Stalking Cases Involving Immigrant Victims 1A. Police Officers as Witnesses in Domestic Violence Prosecutions and Family Court Litigation 1B. […]

[pdf] DHS Gender Based Violence Brochure (English) (October 2022) (+)

Brochure defining and describing gender-based violence developed by the Department of Homeland Security. This brochure is available in multiple languages here https://www.dhs.gov/blue-campaign/publication/gender-based-pamphlets-and-flyers

[pdf] Herramienta para defensores y abogados para desarrollar la historia de un/a sobreviviente: Enfoque informado por el trauma. (Advocate’s and Attorney’s Tool for Developing a Survivor’s Story: Trauma Informed Approach – Spanish (4/24/23) (+)

La historia de un/a sobreviviente es uno de los elementos de prueba más importantes que se presentan con las solicitudes de visa VAWA, U y T, y por lo tanto estas solicitudes son diferentes a las demás solicitudes de inmigración. Esta es una oportunidad para que los funcionarios del Departamento de Seguridad Nacional (DHS, por sus siglas en inglés) oigan las palabras del/de la sobreviviente, en su propia voz. Al leer la historia del/de la sobreviviente, el lector — en última instancia, el funcionario de DHS — debe poder entender y sentir lo que sintió el/la sobreviviente después de haber sido sometido/a al abuso o victimización por la delincuencia.

[pdf] Minnesota v. Daniel Salvador Niola Agudo (June 26, 2023) (+)

Minnesota Court of Appeals in an unpublished ruling decided that district court did not abuse its discretion by excluding expert testimony regarding the U visa process and the victim’s immigration status from the criminal case. As the district court observed, Niola failed to establish any connection between the U visa process and the child’s allegations that would make immigration evidence more than minimally relevant to this case. The district court excluded evidence of the child’s and her mother’s immigration status as both irrelevant and unfairly prejudicial.

[pdf] SPARC: Stalking and Technology-Infographic (2023) (+)

SPARC (Stalking Prevention Awareness Resource Center) developed this infographic which presents data on how many offenders stalk both in-person and using technology in order to surveil, contact, intimidate, sabotage, isolate, and otherwise frighten their victims.

[pdf] FBI Bulletin, The U Visa An Effective Resource for Law Enforcement (March 15, 2011) (+)

Law enforcement personnel strive for strong connections with all citizens. In pursuit of this goal, striking an appropriate balance—one that punishes wrongdoers while protecting victims—can present a challenge. One way that officers not only can foster better relationships with immigrant communities but also increase offender accountability, promote public safety, and help ensure that crimes translate into convictions is to promote awareness of the U visa, which provides important immigration benefits to cooperating crime victims. In this article for the FBI Bulletin the authors discuss the fear of deportation has created a class of silent victims and undermined officers’ attempts at community-oriented policing among immigrant populations. They opine that the U visa helps improve relations with these communities, increase the reporting of criminal activity, enable provision of services to victims, and enhance the prosecution of violent perpetrators. Also, the authors feel that officers may have misconceptions about the U visa and not recognize its effectiveness as a tool. They hope that this article will help clarify the intent, purpose, and benefits of the U visa to the law enforcement community.

[pdf] Senate: Adequacy of the Department of Health and Human Services’ Efforts to Protect Unaccompanied Alien Children from Human Trafficking (January 28, 2016) (+)

Report of the Senate Permanent Subcommittee on Investigations, Homeland Security and Government Affairs Committee, United States Senate. ADEQUACY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES’ EFFORTS TO PROTECT UNACCOMPANIED ALIEN CHILDREN FROM HUMAN TRAFFICKING The Subcommittee conducted a hearing about deficiencies in the procedures used by the Department of Health and Human Services to safely place unaccompanied alien children with sponsors in the United States.

[pdf] Access to State-Funded Benefits in Virginia for Survivors (February 6, 2019, updated May 8, 2023) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Virginia Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (May 8, 2023) (+)

Virginia – This public benefits screening chart helps immigrants, refugees, judges, victim advocates and attorneys quickly understand which state and federal public benefits an immigrant or refugee qualifies for in each state. Eligibility varies by state, by immigration or refugee status, and by benefits program. This tool is designed by be used together with NIWAP’s public benefits maps and state public benefits detailed charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts

[pdf] USCIS is creating HART Virtual Service Center for Humanitarian Immigration Relief (March 39, 2023) (+)

This newsletter informs the field attorneys, judges, victim advocates , police, and prosecutors about the opening of the USCIS HART Service Center that will specialize in adjudicating cases involving immigrant victims of domestic violence, sexual assault, stalking, human trafficking, child abuse and other crimes and will help victims gain access to work authorization more swiftly and greater protections against deportation. This newsletter also discusses new U visa certification policies at the U.S. Department of Labor that will help immigrant victims of labor trafficking.

[pdf] Answers to Questions from State Court Judges on the 2022 Special Immigrant Juvenile Status (SIJS) Regulations (April 4, 2023) (+)

This document addresses the most frequently asked questions that come up during judicial trainings for state court judges on SIJS findings of fact and conclusions of law needed by immigrant children filing Special Immigrant Juvenile State petitions. It address best practices for drafting state court orders and is up to date through April 2023 and covers the 2022 SIJS regulations as well as information contained in the SIJS policy manual issued by USCIS.

[pdf] Setting Up the Crime and Abuse Victim Protection Directorate at USCIS (August 23, 2022) (+)

This report submitted to the Ombudsman for USCIS argues for moving all of the adjudications of VAWA self-petitions, U and T visas, Battered Spouse Waivers, Work Authorizations for Abused Spouses of Visa Holders and Special Immigrant Juvenile Status Petitions into one adjudication system with expert adjudication staff and managers that specialize in these forms of immigration relief. The goal of which will be to speed up the wait time between filing and receipt of deferred action and work authorization for immigrant victims. This paper contributed to the creation of the HART Service Center that USCIS announced the opening of on March 30, 2023. To receive any of the attachments cited in this report contact NIWAP at info@niwap.org.

[pdf] Affidavits Are Forever: Public Charge, Domestic Violence, and the Enforceability of Immigration Law’s Affidavit of Support (November 30, 2022) (+)

Law review article covering the history and court decisions regarding the enforceability of Affidavits of Support I-864. This article discusses how affidavits of support offer critical access to financial support for abused sponsored immigrants. I key focus of the article is the impact that affidavits of support have on U.S. citizen and lawful permanent resident sponsoring spouses who are victims of spouse abuse perpetrated by the sponsor’s immigrant spouse whom the victim spouse can enforce the affidavit of support against their victim spouse and the victim spouse is under current law required to continuing supporting their abusive spouse or former spouse under the affidavit. The article proposes policy solutions that could end the requirement that an abused sponsor continue making affidavit of support payments to their abuser.

[pdf] HHS and Department Of Agriculture, Policy Guidance Regarding Inquiries into Citizenship, Immigration Status and Social SecurityNumbers in State Applications for Medicaid, State Children’s Health Insurance Program (SCHIP),Temporary Assistance for Needy Families (TANF), and Food Stamp Benefits (July 26, 2013) (+)

This is the July 2013 update of a publication originally issues in 2001 clarifying when in the context of public benefits applications, state and federal government agencies administer public benefits programs can and cannot inquire into the citizenship, immigration status, or social security number of an applicant. This publication specifically addresses who may and may not be asked for this information in cases where the applicant is a U.S. citizen child. Prior versions of this policy were issued in 2001 and 2006. All are available in the NIWAP library.

[pdf] Social Security Administration, Social Security Numbers for Noncitizens (January 2023) EN-05-10096 -SSA (+)

This document published by the Social Security Administration in January 2023 explains when a noncitizen is eligible for a work-authorized social security number and the evidence that must be presented to apply for one. The document also addresses how immigrants can apply for and obtain non-work social security numbers that are required for immigrants eligible for certain federal or state public benefits programs that require all benefits recipients to obtain and submit a social security number. Examples include: public and assisted housing, TANF and Medicaid.

[pdf] Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status USCIS-2011-0010 (September 13, 2021) (+)

NIWAP comment seek a final T visa rule that provides further clarification and instruction regarding the T visa Trauma Exception. These comments explain why defining “trauma” will help T visa applicants know if they qualify for the physical and psychological trauma exception to the law enforcement cooperation requirement. These comments further explain why immigrant victims eligible for T visas, U Visas, VAWA self-petitions, and for VAWA cancellation of removal and VAWA suspension of deportation should, by default, not be subject to reinstatement of removal proceedings, unless certain qualifications are met. These regulations provide USCIS an opportunity to also address the ongoing problems being caused for all immigration relief eligible victims by ending DHS’s 17-year delay to implement VAWA 2005’s Congressional instruction that DHS exercise its discretion to not reinstate removal against T visa, U visa, VAWA self-petitioner, VAWA cancellation and VAWA suspension applicants and eligible victims.

[pdf] REPORT – PROMOTING ENHANCED ACCESS TO SPECIAL IMMIGRANT JUVENILE STATUS (SIJS): Addressing Abuse by “One Or Both” Parents And Recognizing the Range of Court Proceedings In Which SIJS Orders Can Be Issued (October 10, 2013) (+)

This report has been developed to highlight issues that the U.S. Citizenship and Immigration Services should consider as it issues regulations governing implementation of recent legislative improvements to the protections available under immigration law offering Special Immigrant Juvenile Status to abused, abandoned and neglected children. Our work is focused on four key areas, all of which are vital to alleviating poverty and improving the health and safety of immigrant women: immigration policies; economic empowerment; justice system relief for immigrant women; and rights and protections for victims of domestic violence, sexual assault and human trafficking. The ultimate agenda is to provide training, technical assistance, advocacy, research, materials and up to date information on government policies and best practices so that advocates, lawyers, police, prosecutors, judges and other professionals have the tools they need to help immigrant women, children and crime victims access the services, justice system and immigration relief, health care, housing, educational opportunities, benefits and other assistance they are legally entitled to receive. NIWAP works with professionals inside and outside of government to forge innovative solutions that improve legal protections and access to justice for immigrant women and children in the United States.

[pdf] USCIS Form i-485 Instructions (December 23, 2022) (+)

Form I-485 application for adjustment of status to lawful permanent residency instructions. Includes details about applying for lawful permanent residency as a Violence Against Women Act (VAWA) self-petitioner, VAWA Haitian Refugee Immigration Fairness Act (VAWA HRIFA), and VAWA Cuban Adjustment Act (VAWA CAA) applicants.

[pdf] Romero v. Perez, Court of Appeals of Maryland (April 1, 2019) (+)

Special Immigrant Juvenile Status Maryland Court of Appeals ruling addressing the standard that is to be applied when courts enter conclusions of law that reunification with a parent who subjected the child to abuse, abandonment or neglect was not viable. In making this determination the trial courts must apply the Maryland law definitions of abuse, neglect and abandonment and must look at whether reunification would be unworkable. The higher exacting standard that courts apply in termination of parental rights proceedings are not the standards to be applied in SIJS cases. The case includes a significant discussion of SIJS legislative history and purpose, the SIJS process, the trial court’s obligation to make SIJS findings, the burden of proof in SIJS cases, and the legal standards to apply when courts make SIJS judicial determinations. 463 Md. 182, *185; 205 A.3d 903, **905; 2019 Md. LEXIS 163 (April 1, 2019).

[pdf] Court’s Role in Promoting Access to Justice for Immigrant Survivors, Justice for Families, Technical Assistance Newsletter (January 25, 2023) (+)

This newsletter discusses immigration issues that arise for state court judges in custody, protection order and other family court proceedings and how courts benefit from being able to easily look up which public benefits and services the parties before the court and their children qualify for in the state. The article connects readers more detailed information and resources.

[pdf] Chapter VI – Inadmissibility in Special Immigrant Juvenile Status Cases (December 26, 2022) (+)

This Chapter explains admissibility requirements and the inadmissibility waivers that may be available in cases of children applying for SIJS. It discusses the grounds of inadmissibility and SIJS that describes the inadmissibility that statutorily does not apply or can be waived in cases of SIJS and grounds of inadmissibility that SIJS cannot waive.