Proposed Anti-Abuse Regulations implementing VAWA 2005 access to Legal Services Corporation funded legal assistance for immigrant crime victims.
Cover letter from Legal Services Corporation General Counsel updating Advisory Opinion 2016-002’s revision. This cover letter informs LSC programs about this advisory opinion allowing LSC funded agencies to represent non-citizen parents and guardians of abused noncitizen children in cases that benefit the noncitizen abused child. The principal revision is to clarify that LSC is using the term “guardian” to refer to individuals who have custody of and responsibility for the child in question, regardless of whether that individual is the child’s court-appointed guardian or custodian.
Advisory Opinion 2016-002: Permissibility of Providing Legal Services to Noncitizen Parents and Noncitizen Guardians of Children Seeking Special Immigrant Juvenile Status. LSC funded programs may represent noncitizen parents and, in some instances, noncitizen guardians of noncitizen children subjected to battery, extreme cruelty, sexual assault, human trafficking, stalking or other U-visa-listed activities, as long as the legal assistance is directly related to obtaining relief from the abuse for the child. Proceedings in which noncitizen parents or guardians petition for SIJS on behalf of their noncitizen children are proceedings directly related to obtaining relief from the abusive situation for the child.
Public Law 105-119 (111 Stat. 2510) is amended to remove restrictions so that Legal Services Corporation (“LSC”) funded organizations can represent immigrant survivors of domestic violence.
LSC issued a Program Letter to provide guidance to recipients in light of the recent influx of non-citizens into the United States from Central America on when children are eligible for representation by an LSC funded legal services program under LSC’s Anti-abuse regulations.
LSC Final Regulations e-CFR 8.18.14 (electronic version of regulations) granting immigrant crime victims access to representation by Legal Services Corporation funded programs.
Legal Services Corporation: Program Letter 14-2
These final regulations create a special path to attain legal representation by LSC funded agencies. This document includes in the preamble to the regulations a discussion of the comments provided and LSC’s conclusions in issuing the final regulation.
This proposed rule updates the Legal Services Corporation (LSC) regulation on legal assistance to immigrants. The proposed rule implements the Violence Against Women Act of (VAWA)2005 by creating a new anti-abuse path to legal representation by LSC funded agencies. This is the first update of the Legal Services regulations since 1997 and should be read together with the final regulations. These proposed rules, and their preamble, are an important part of the regulatory history of legal services access for immigrant victims of domestic violence, sexual assault, human trafficking and other U visa criminal activities.
Memorandum from the Legal Services Corporation (LSC) to all its grantees confirming that LSC grantees have the statutory and regulatory authority to represent eligible foreign nationals in Hague Convention cases (compelling the return of a child from one member nation to another) brought in United States courts. This authority extends to foreign nationals residing abroad.
Legal Services Corporation (“LSC”) Program Letter providing guidance on the significant changes impacting both client eligibility for services as well as use of LSC funds to represent immigrant crime victims pursuant to the reauthorization of the Violence Against Women Act (“VAWA”) of 2005. VAWA 2005 explicitly expands the scope of services that LSC grantees can provide to victims of domestic violence, sexual assault, trafficking, and certain other crimes, regardless of their immigration status. The VAWA 2005 Amendments authorize LSC grantees to provide services to immigrant victims of domestic violence, sexual assault, human trafficking and other U visa listed crimes beginning January 5, 2006.
This appendix to 45 C.F.R. 1626 is a table outlining an immigrant’s eligibility for representation by Legal Services Corporation funded programs based on her status. The document also indicates the statutory and regulatory authority for its determinations, as well as the requisite list of verification documents that the immigrant would need for service provision.
Testimony given by Legal Services Corporation (“LSC”) Chairman, Vice Chairman, and President before the Subcommittee on Commerce, Justice, State, the Judiciary, and Related Agencies of the House Appropriations Committee. The testimony uses empirical data to discuss the importance of access to legal services for domestic violence victims and their children.
This Legal Services Corporation (“LSC”) Program Letter informs legal services agencies receiving LSC funds of restrictions on allowable representation and the use of non-LSC Funds to represent battered immigrants under the Kennedy Amendment. The letter also discusses restrictions on Class Actions, Redistricting, and Representations in Certain Eviction Proceedings.
Public Law 104-134, which imposes restrictions on the use of Legal Services Corporation (“LSC”) funds in order to represent some immigrants. See, in particular, section 504(a)(11)(A)-(F).