Proposed Anti-Abuse Regulations implementing VAWA 2005 access to Legal Services Corporation funded legal assistance for immigrant crime victims.
NIWAP Comments on proposed Legal Services Corporation Anti-Abuse Regulations
NIWAP’s comments on proposed anti-abuse Legal Services Corporation Regulations 2014.
This is a recording of the webinar broadcast November 3, 2014. “And Legal Services for All: New 2014 Legal Services Corporation Regulations Implementing VAWA 2005’s Immigrant Crime Survivors’ Access to Legal Services.” Closed captions will be available for this webinar soon. The recording runs for 1 hour 32 minutes.
NIWAP Newsletter LSC Regulations June 2016 Legal advocacy services provide crucial support for survivors of violence against women. These services assist survivors in rebuilding their lives and the lives of their children and achieving a life free of abuse. Over the past two decades, congressional recognition of the central role […]
Legislative history of VAWA Legal Services protections
August 26, 2016 The Legal Services Corporation’s (LSC) General Counsel issued an Advisory Opinion confirming that legal services agencies receiving funding from LSC may represent noncitizen parents/guardians of noncitizen children who have suffered battering, extreme cruelty, sexual assault, human trafficking or other U visa-listed criminal activities. The legal assistance provided must be directly related to […]
Provides information about the improved accessibility to representation for immigrant crime victims by Legal Services Corporation (“LSC”) funded programs that was created by the Anti-Abuse LSC regulations and policies issued in 2014. The article is published in National Legal Aid & Defender Association’s Cornerstone Magazine (January-April 2015). The pdf includes a second article on the need for pro bono representation of immigrant children.
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.
This article discusses legal options for immigrant girls and immigrant women who are recent immigrants to the United States. It provides an overview of legal immigration relief options including the VAWA self-petition, U Visa, T Visa, Special Immigrant Juvenile Status (SIJS) and Deferred Action for Childhood Arrivals. The article provides a detailed legislative history of SIJS, discusses the importance of trauma informed screening of immigrant children for immigration relief eligibility, and provides an overview of help that Legal Services Corporation funded programs can provide to immigrant children who have suffered battering, extreme cruelty, sexual assault or human trafficking. Importantly the article provides a detailed discussion of the special role state family and juvenile courts play and legal issues that arise in state court proceedings that are a prerequisite to a child’s ability to file a case seeking SIJS immigration relief.
This letter reiterates long standing federal policies that immigrants cannot be denied access to certain services necessary to protect life and safety based on their immigration status.
This letter reiterates that immigrants experiencing homelessness, victims of domestic violence, sexual assault, dating violence, stalking or human trafficking may not be turned away on the basis of immigration status from life and safety services including but not limited to emergency shelters, and short-term housing assistance (including transitional housing and rapid re-housing), crisis counseling and intervention, soup kitchens, community food banks, and medical and public health services.
Importantly, this Tri-Agency letter describes the non-discrimination requirements that apply to all federal grantees and the application of these protections to cases involving immigrants.
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.
This section permits programs funded by the Legal Services Corporation (“LSC”) to use either LSC funds or funds derived from a source other than LSC to provide legal assistance to immigrant victims of domestic violence, sexual assault, or trafficking, consistent with the Violence Against Women Act and the Trafficking Victims Protection Act.
This chart compares forms of crime victim based immigration relief for immigrant children. It covers VAWA self-petitioning for child abuse victims, the U visa for child victims of child abuse, sexual assault and other forms of criminal activity and special immigrant juvenile status available for children who have been abused, abandoned or neglected by one or both of their parents. The chart compares eligibility for immigration relief, the immigration relief process, timing of access to lawful permanent residency and access to public benefits and services among these three forms of immigration relief.
This article contains a detailed description of the history and purpose of access to legal services funded by the Legal Services Corporation (“LSC”) for immigrant victims of domestic violence, sexual assault, human trafficking and other U visa listed criminal activities. It provides a detailed analysis of the 2014 LSC regulations, policies and the services they provide to immigrant victims, and highlights the very real implications that a lack of legal services can have for individuals who need them most.
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.
This benchcard discusses the eligibility requirements to qualify for a U-Visa, the application procedure for U-Visas, and possible benefits for which approved U-Visa applicants may be eligible.
In 2014, the Legal Service Corporation (LSC) issued regulations confirming that all immigrant crime victims are legally eligible for LSC funded legal services under anti-abuse regulations. This brochure discusses immigration status based eligibility as well as eligibility under anti-abuse laws. It provides advocates with a guide to immigrant crime victim access to LSC funded legal services, including an illustration on how VAWA, U-visa, and trafficking victims become eligible for LSC representation.
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.
This document pertains to a family court bench card on immigrant crime victim access to public benefits and services. It explains the public benefits for undocumented domestic violence victims, and the additional public benefits for domestic violence victims who are lawfully present.
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 brochure contains a list of programs for the protection of life, safety and public health, as well as legal services, which are available to immigrants regardless of their immigration status.
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.
This chapter discusses the different barriers which immigrants may encounter with regard to accessing services. It discusses the impact of Welfare Reform on immigrant families. This chapter also includes a policy guidance issued by the Department of Health and Human Services, regarding handling questions on citizenship, immigration status, and social security numbers during the benefits application process, as well as facilitating access to public benefits for persons with limited English proficiency (LEP). Other topics included in this chapter are Medicaid and SCHIP, food stamps, and Temporary Assistance to Needy Families (TANF).
This chapter highlights several important types of assistance that nonprofit organizations serving immigrant victims of domestic violence may provide and discusses the requirements that service providers must meet when working with battered immigrant populations. Specifically, the chapter describes shelter services, victim compensation, legal assistance, and other types of federal benefits that organizations may provide to battered immigrants. Next, it discusses federal laws prohibiting service providers from discriminating on the basis of national origin and requiring them to provide services without regard to immigration status when necessary to protect the life and safety of a victim.
This article contains a report on the legislative and regulatory history and evolution of access to legal services available to immigrant victims of domestic violence, sexual assault and human trafficking from Legal Services Corporation (LSC) funded agencies. It also contains the results of a national survey conducted by NIWAP that sought to document the extent to which immigrant victims were being turned away from LSC funded agencies despite the Violence Against Women Act (VAWA) 2005 amendments and implementing LSC policies (2006). This report was submitted to LSC and led to the issuance of LSC regulations creating a new “anti-abuse” path to LSC funded representation for immigrant crime victims through 2014 regulations and policies.
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.
Collection of stories illustrating immigrant victims need for access to legal services from LSC funded legal services agencies. These stories illustrate the dangers that will be prevented and the victims that will be helped by the VAWA 2005 amendments that guarantee that LSC-funded legal services programs can offer a range of life-saving legal assistance to immigrant victims of domestic violence, sexual assault, and trafficking. This story collection was developed to encourage LSC funded agencies to implement the VAWA 2005 changes and open their doors to immigrant victims and to assist LSC in writing policies and regulations that result in improved immigrant victim access to legal services.
Training powerpoint on public benefits from the December 1, 2010 Sioux Falls, South Dakata
Article discussing the need for the Violence Against Women Act (“VAWA”) 2005’s expansions of access to legal services for immigrant victims of domestic violence, sexual assault and human trafficking. An overview of the VAWA 2005 Legal Services Corporation (“LSC”) amendments is provided including who is newly eligible, the scope of allowable representation, and best practices for implementation of the new law.
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.
Electronic Version of VAWA 2005 Section 104 (Public Law 109-162) creating statutory amendments granting immigrant victims of domestic violence, sexual assault and other U visa criminal activities access to legal assistance from LSC funded programs without regard to the victim’s immigration status.
Final bill text of the Violence Against Women Act (“VAWA”) of 2005, Section 104 that contains amendments regarding access to Legal Services Corporation (“LSC”) funded legal aid for immigrant crime victims. This amendment is known as the Durbin Amendment.
Text introducing and accepting the Durbin Amendment in H.R. 4754. The Amendment became Section 104 of the 2005 Violence Against Woman Act, and grants immigrant victims access to legal representation by Legal Services Corporation funded agencies.
Letter from Catholic Charities USA supporting the Durbin Amendment to the Violence Against Women Act of 2005, which removed Legal Services Corporation (“LSC”) prohibitions that forced many LSC grantees to turn away certain immigrant crime victims.
Text of the Amendment introduced by Senator Durbin became Section 104 of Violence Against Women Act (“VAWA”) of 2005. The Amendment permits programs funded by the Legal Services Corporation (“LSC”) to use LSC funds or funds derived from a source other than the LSC to provide legal assistance to immigrant victims of domestic violence, sexual assault, or trafficking, consistent with VAWA and the Trafficking Victims Protection Act.
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.
Article in Clearinghouse Review Vol. 37 No. 2-3 MAY-June 2003 discussing that ability of and need for Legal Services Corporation funded programs to represent battered immigrant women and children.
This article chronicles the legislative history of immigration protections afforded immigrant crime victims in the Violence Against Women Acts (VAWA) of 1994 and 2000, through the Battered Spouse Waiver, and through VAWA Confidentiality, the history and development of the VAWA self-petition, VAWA cancellation of removal, the battered spouse waiver, any credible evidence standard, VAWA confidentiality, benefits access for battered immigrant VAWA self-petitioners and cancellation/suspension applicants, the U-Visa, victim’s ability to obtain lawful permanent residency in the U.S. and Legal Services Corporation funded legal assistance are discussed in detail. This article collects and publishes information contained in documents developed during advocacy that led to the passage of federal immigration law legislation creating each of these protections.
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 article was published in “Interpreter Releases” and reports on Legal Services Corporation’s (“LSC”) issuance of final regulations implementing the 1996 Kennedy Amendments. The Kennedy Amendment allow LSC funded agencies to use their non-LSC funds to represent victims of domestic abuse who would otherwise be ineligible to receive assistance because of their immigration status.
This final rule revises the Legal Services Corporation’s (“LSC”) rules regarding representation of immigrants. The revisions implement a statutory provision included in the Corporation’s FY 1997 appropriations act, which permits the use of a recipient’s non-LSC funds for legal assistance to otherwise ineligible immigrants who are the victims of domestic abuse.
Ayuda’s public comments on interim final Legal Services Corporation’s (“LSC”) regulations on the “Kennedy Amendment,” on the definition of battery and extreme cruelty, and the definition of directly related legal assistance. These comments applaud the interim regulations recognition regarding the importance of confidentiality when working with victims of family violence. The comments also highlight gaps in the underlying legislation that need to be addressed by future legislation.
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.
Ayuda’s comments on interim Legal Services Corporation (“LSC”) regulations implementing the Kennedy Amendment in the Appropriations Bill of Fiscal Year 1997, which allows LSC to provide assistance to immigrant victims of domestic violence using non-LSC funds in matters “directly related” to prevent, or obtain relief from, battery or extreme cruelty. The comments provide a detailed discussion of the types of legal assistance that should be considered “directly related” to the abuse in the final regulation.
The 1996 Legal Services Corporation (“LSC”) regulations in the Federal Register denying certain classes of immigrants access to LSC funded assistance.
Legislative history and chronology of the Kennedy Legal Services Amendment, beginning from May 7, 1996 until July 1996.
The Committee Report from the House Appropriations Committee providing legislative history on the FY 1997 Appropriations Bill discussing appropriations for the Departments of commerce, Justice, and State, the judiciary, and related agencies. Contains legislative history of the Kennedy Amendment.
Findings of a survey conducted by Ayuda, Inc., in which thirty state domestic violence coalitions were interviewed on the importance of legal services and welfare for battered women and their children. This research was submitted to Congress as part of the efforts to secure the Kennedy Amendments to Legal Services restrictions for battered immigrants and access to public benefits for VAWA self-petitioners in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
An article on a the death of Mariella Batista, a battered immigrant who was turned away from legal services under new Legal Services Corporation (“LSC”) restrictions on representing immigrants, and was subsequently killed by her batterer on the courthouse steps in California. This story was the catalyst that led to the passage of the Kennedy Amendment to the LSC Appropriations Act in 1996 authorizing the use of non-LSC funds to represent some battered immigrants.
An article on a the death of Mariella Batista a battered immigrant who was turned away from legal services under new Legal Services Corporation (“LSC”) restrictions on representing immigrants, and was subsequently killed by her batterer on the courthouse steps in California. This story was the catalyst that led to the passage of the Kennedy Amendment to the LSC Appropriations Act in 1996 authorizing the use of non-LSC funds to represent some battered immigrants.
Senator Kennedy’s speech to the Senate Appropriations Committee Markup in support of amendments to the Appropriations Act that would exempt battered immigrants from Legal Services Corporation (“LSC”) funding restrictions based on legal status.
An article on the death of Mariella Batista, a battered immigrant who was turned away from legal services under new Legal Services Corporation (“LSC”) restrictions on representing immigrants, and was subsequently killed by her batterer on the courthouse steps in California. This story was the catalyst that led to the passage of the Kennedy Amendment to the LSC Appropriations Act in 1996 authorizing the use of non-LSC funds to represent some battered immigrants.
Text of the Kennedy Amendment, Section 504 of the Appropriations Act of Fiscal Year 1997, stating that the statute shall no longer prohibit organizations from using their funding from a source other than the Legal Service Corporation (“LSC”) to provide legal assistance to immigrant survivors of domestic abuse.
Report accompanying the 1997 appropriations bill containing the legislative text of the Kennedy Amendment.
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).