*Empowering Survivors Table of Contents

This is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, […]

[pdf] CH 01: Dynamics of Sexual Assault and the Implications for Immigrant Women (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter (1) on sexual assault dynamics experienced by immigrant survivors is designed to help deliver culturally sensitive culturally appropriate services to immigrant survivors by well-informed professionals who support survivors in confronting and overcoming the significant legal and personal challenges they may encounter as they heal and recover from sexual assault.

[pdf] Chapter 02: Ensuring Language Access to Immigrant Victims of Sexual Assault (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides an overview of federal language access laws that apply to work involving immigrant and Limited English Proficient victims of sexual assault. It includes a discussion of the history and development of federal language access laws, Title VI of the Civil Rights Act, how to research demographics of the LEP community in your jurisdiction, definitions of who are LEP persons, federal enforcement of LEP laws, the importance of using qualified interpreters, an overview of language access plans, steps for determining interpreter qualifications, translation requirements, tips and best practices.

[pdf] Chapter 03: VAWA Confidentiality: History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter contains detailed legislative history on the development and evolution of the Violence Against Women Act (VAWA) confidentiality protections under U.S. immigration laws. VAWA’s immigration confidentiality protections accomplish three objectives: 1) preventing DHS, DOJ and the U.S. State Department from relying on information provided by a perpetrator or the perpetrator’s family member to harm victims; 2) barring the release by government officials of information about the existence of, actions taken in, or materials contained in a VAWA confidentiality protected case file; and 3) establishing a list of protected locations at which immigration enforcement actions in cases involving immigrant crime victims are not to take place. This chapter discusses each of these protections in detail and includes statutory and legislative history, regulations and government policies implementing VAWA confidentiality protections. This chapter also contains a discussion of sanctions applicable to DHS, DOJ, and State Department officials when VAWA confidentiality violations occur.

[pdf] Chapter 04: The U-Visa Remedy for Immigrant Victims of Sexual Assault and the Need For Multidimensional Collaboration (+)

This chapter offers a brief analysis of the dimensions and intersections of collaborations needed to most successfully assist an immigrant survivor with the U visa remedy. Although the U visa remedy is available to immigrant victims of enumerated crimes of violence, the focus of this chapter is on building the types of collaborations that are effective in cases of immigrant victims of sexual assault, sexual violence, and abusive sexual conduct.

[pdf] Chapter 06: Introduction to Immigrant Relief for Immigration Victims of Sexual Assault and Glossary of Terms (+)

Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to help advocates and attorneys identify the various forms of immigration relief that may be available to help immigrant victims of sexual assault. Victims of sexual assault may qualify for forms of immigration relief based on their victimization by a family member who is a citizen or lawful permanent resident, they may qualify for other forms of relief based on victimization by a non-family member, and/or they may qualify for other legal immigration status wholly unrelated to the abuse or victimization (e.g. student visas, work visas).

[pdf] Chapter 07: Preparing the VAWA Self-Petition and Applying for Lawful Residence (+)

Chapter 7 in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides practical tips for filing a self-petition and apply for lawful permanent residency under the Violence Against Women Act of 1994 (VAWA) as revised in 2005.

[pdf] Chapter 08: Immigration Relief for Child Sexual Assault Survivors (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides basic information on various immigration remedies available to child survivors of sexual abuse and/or assault. This chapter will cover: (1) VAWA (“Violence Against Women Act”) self-petitioning; (2) VAWA cancellation of removal and suspension of deportation; (3) Special Immigrant Juvenile status (“SIJ”); (4) U-visas/interim relief; (5) T-visas; and (6) asylum.

[pdf] Chapter 09: VAWA Cancellation of Removal (+)

This chapter provides basic information on VAWA cancellation of removal, lists the eligibility requirements that must be met by an applicant, and provides some suggested examples of evidence that an attorney or advocate may offer to meet each requirement. This chapter is designed to help advocates and attorneys who are not immigration attorneys identify immigrant victims who may be eligible for cancellation of removal. The information provided will also be useful to immigration attorneys who may not have experience with domestic violence, sexual assault, or incest cases. This chapter will help them to work in collaboration with advocates and other attorneys assisting immigrant victims. The most successful cancellation of removal cases are those in which advocates and civil attorneys support the efforts of the immigration attorney.

[pdf] Chapter 10 U-Visa: Victims of Criminal Activity (+)

Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.

[pdf] Chapter 13: When Foreign Students or Their Family Members Are Sexually Assaulted: Immigration Implications of the Student and Exchange Visitor System (+)

This chapter focuses on recent changes in the foreign student visa system and explores how these changes affect the way academic institutions interact with sexual assault survivors who happen to be foreign students or family members of foreign students. Likewise, this chapter provides an overview for advocates and attorneys of immigration relief available to immigrant victims of sexual assault and domestic violence.

[pdf] Chapter 15: Jurisdictionally Sound Civil Protection Orders (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter discusses the importance of and steps that advocates and attorneys working with immigrant victims of domestic violence, child abuse, elder abuse, stalking and sexual assault can take to ensure that civil protection orders issues to family, stalking and sexual violence victims are jurisdictionally sound and enforceable. It provides practice pointers for avoiding agreement to and objecting to court orders that result in state court issuance of “no-findings” protection orders and lays out best practices for receiving consent protection orders that are jurisdictionally sound and enforceable because they are based on the uncontested affidavit of a victim in a civil case.

[pdf] Chapter 16.2 Appendix: HUD Programs and Immigrant Eligibility (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter lists the HUD funded programs open to all immigrants without regard to immigration status and the programs whose availability may be limited to “qualified immigrants” as defined by the Personal Responsibility and Work Opportunity Act of 1996 (PRWORA) and immigrants considered “eligible immigrants” under Section 214 of the Housing and Community Development Act.

[pdf] Chapter 17: Access to Health Care for Immigrant Victims of Sexual Assault (+)

Chapter 17 in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter describes the range of services an immigrant victim of sexual assault can access through different programs and services of the health care system. The Health Care Charts contain state-by-state information that helps victims and their advocates identify what health services immigrant victims can access, depending on the State they live in and their immigration status. This chapter discusses how health care access grows as an immigrant victim files for and receives immigration benefits, health care options for undocumented victims, access to health care exchanges for immigrant survivors, which forms of immigration relief bring greatest access to health care, and survivors and their children who may be eligible for health care subsidies under state options and federal law.

[pdf] Chapter 17.1: Emergency Medicaid for Non-Qualified Immigrants (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal health care, public benefits and immigration laws states have obligations to provide emergency medicaid to immigrants without regard to immigration status. This includes immigrant victims of sexual assault. This chapter is intended to provide an overview regarding health benefits and emergency Medicaid for each state. It provides a chart detailing the definition of what services are provided in the emergency medicaid program, what is covered in each state, and provides a state-by-state chart detailing each state’s laws concerning emergency Medicaid, the coverage provided, and the application process involved.

[pdf] Chapter 17.2: Coverage for Forensic Costs for Undocumented Immigrants (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This is Chapter 17.2 of NIWAP’s manual “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault”. It provides a detailed chart of the forensic examination laws, immigration-related eligibility requirements, and processes to receive payment for examination costs for each state. This information is current as of February 12, 2017. It is intended to provide an overview regarding health benefits and victim compensation for each state.

[pdf] Chapter 17.3: Post-Assault Healthcare and Crime Victim Compensation for Immigrant Victims of Violence (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal crime victim compensation laws states provide health care assistance to crime victims that includes health care funded by the Victims of Crime Act Compensation Act (VOCA). How health care for crime victims is funded, what health care services are covered, how victims apply, and which crime victims are covered varies state by state. In all but two states VOCA funded crime victim compensation is open to all victims without regard to immigration status. Two states (Alabama and Nevada) severely restrict the numbers of immigrant victims who can access VOCA funded crime victims compensation based on the immigration status of the victim at the time the crime victimization occurred. This chapter includes two sets of state by state charts that briefly, and in detail, summarize the provisions available by state to immigrant victims of sexual assault and other violent crimes, as well as the victim compensation laws and processes to receive compensation for each state, DC, Puerto Rico, and Guam.

[pdf] Chapter 17.4: Pre-Natal Care For Qualified And Non-Qualified Immigrants (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal health care, public benefits and immigration laws states have the option to elect to provide greater access to prenatal care for immigrants than offered immigrants and immigrant crime victims under federal law. This chapter provides a chart detailing for each state the programs that provide prenatal services for immigrants by immigration status, the type of coverage provided, and the eligibility/application process. This information is current as of February 12, 2017. It is intended to provide an overview regarding health benefits and emergency Medicaid for each state.

[pdf] Chapter 18: Sexual Harassment and Assault in the Workplace: A Basic Guide for Attorneys in Obtaining Relief for Victims under Federal Employment Law (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter, authored by William R. Tamayo of the Equal Employment Opportunity Commission, provides an overview of sexual assault and sexual harassment in the work place and the legal remedies under employment laws available for immigrant survivors. This chapter serves as a basic guide for attorneys in obtaining relief for victims under federal employment laws, and includes a discussion of the role of advocates, counselors, or medical professionals.

[pdf] Chapter 19: The Criminal Justice System and Immigrant Victims (+)

This chapter is designed to help advocates and attorneys assist immigrant victims of sexual assault and domestic violence avoid the harmful immigration consequences of criminal convictions and/or findings that an immigrant has violated a protection order. Such convictions and findings can lead to loss of legal immigration status and potentially deportation for persons who are not citizens of the United States. For non-citizen sexual assault or domestic violence victims, criminal issues have serious immigration consequences.
The information provided is intended to serve as an introduction and provides a basic overview of how criminal matters can affect immigrant victims. It is essential to contact an expert on immigration law and the possible consequences of a criminal conviction, and who has experience working with immigrant victims before proceeding with a criminal case involving immigrants. Immigrant victims of sexual assault or domestic violence who become involved in the criminal case involving immigrants. Immigrant victims of sexual assault or domestic violence who become involved in the criminal judicial system as defendants should be advised not to enter into any plea agreement until the victim and her defense attorney have consulted an immigration attorney with expertise on criminal immigration issues and on the legal rights of immigrant survivors.

[pdf] Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault (+)

This is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, immigration, public benefits, social services, language access legal services and criminal laws in the United States. The goal is to help provide resources, assistance, and support to help immigrant victims of sexual violence and sexual harassment recover, heal, and rebuild their lives. The chapter and tools included in this manual may also be useful to advocates, attorneys, and social services professionals working with immigrant victims of domestic violence, stalking, and human trafficking.