[pdf] Amicus Brief: Domestic Violence Endangers Family Members Who Attempt to Intercede and Gender Based Violence in Honduras (September 25, 2017) (+)

This Amicus Brief was filed by Crowell and Moring on behalf of the NIWAP, Inc and the Pennsylvania Coalition Against Domestic Violence in the 3rd Circuit Federal Court of Appeals. The brief was filed in support for a mother of a domestic violence victim from Honduras who interceded to protect her daughter who was experiencing domestic violence and was stalked and threatened by her daughter’s abuser. The brief discusses the following topics: The dangers in Honduras for women in a country with unchecked gender based violence against women; Social science data on the dangers to family members who attempt to intercede to stop domestic violence and How these two factors combine in Honduras to amplify the danger to women.

[pdf] BIA Amius Brief on Recent Research Concerning the Neurobiological, Cognitive, and Psychological Development of Children and Adolescents (July 11, 2016) (+)

This Amicus brief was submitted to the Board of Immigration Appeals and addresses an important issue presented by Amicus Invitation No. I 6-06-09, focusing on how the term “minor” should be defined and understood by the Board in child asylum cases in light of the substantial body of recent research concerning the neurobiological, cognitive, and psychological development of children and adolescents. This brief will focus on the significant and deleterious effect trauma and
maltreatment have on that development, including the impact of impaired development on the readiness of child migrants to file asylum applications.

2016 Kellogg Fellows Leadership Alliance Conference Materials

Presentation: Building a Community of Practice: Creating a Culture of Social Equity for Immigrant Women and Children   Additional Materials: Herstory: Domestic Violence and Sexual Assault Public Policy Timeline Highlighting Accomplishments on Behalf of Immigrants and Women of Color Collecting Stories to Illustrate the Need for Proposed Reforms to Aid Immigrant Victims Understanding and Participating […]

[pdf] Slides from “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” (+)

These slides were presented by Leslye Orloff in a keynote address entitled “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” at Youngstown State University on March 31, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/Ohio2016.

[pdf] Representing Domestic Violence Survivors who are Experiencing Trauma and Other Mental Health Challenges: A Handbook for Attorneys (+)

This handbook for attorneys was created by the National Center on Domestic Violence, Trauma & Mental Health. In recent years, those who work with survivors of domestic violence have become
increasingly aware of the connection between trauma and domestic violence, as well as
other effects of domestic violence on a survivor’s mental health. This handbook aims to inform prosecutors who represent survivors with trauma or other mental health challenges.

*Breaking Barriers Table of Contents

Breaking Barriers 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 domestic and family violence. This Manual provides a detailed overview explanation of immigrant survivors’ legal rights under immigration, family, public benefits, and criminal laws and their rights to […]

*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] Brochure: Know Your Rights (+)

Regardless of your immigration status, you have the right to be safe in your own home. You have the right to leave or have anyone removed from your home who abuses you and/or your children physically, emotionally or sexually. No one has the right to hurt you or your children in any way.

[pdf] Why Using an Interpreter is Beneficial to Law Enforcement (+)

This document outlines the benefits to law enforcement officers of identifying LEP persons language access needs at crime scenes and during criminal investigations. These benefits include improving officer and crime scene safety, improving the likelihood of a successful prosecution, and ensuring that officers fully capture helpful statements from victims and witnesses.

[pdf] U-Visa “Helpfulness” Checklist (+)

This checklist has been developed to assist police, prosecutors, judges, commissioners, magistrates and other U visa certifying officials in identifying the wide range of ways an immigrant crime victim can provide helpfulness to justice system officials and government agencies in detection, investigation, prosecution, conviction or sentencing of U visa listed criminal activity. The document includes citations to U.S. Department of Homeland Security policies, regulations, guidance and training materials on U visa certification and helpfulness. A national team of law enforcement, prosecutors and judicial trainers with expertise and experience on the U visa contributed to the development of the list of examples of helpfulness included in this document based on their experience and expertise.

[pdf] Battered Immigrants and U.S. Citizen Spouses (+)

This paper reviews and provides data about the dynamics of domestic violence experienced by immigrant women. This information will help adjudicators who decide cases involving battered immigrant women better understand and consider the evidence presented, against a background of the research on domestic violence and immigrants. A second important goal of this paper is to provide information and data that will assist legislators and government agency policy makers in crafting legislation and administrative agency regulations and policies that will be grounded in the reality of the dynamics of domestic violence experienced by immigrant women.

[pdf] Chapter 01.2: Collaboration, Confidentiality, and Expanding Advocacy (+)

This chapter (1.2) discusses best practice for collaborations between victim advocates and attorneys and justice system personnel, particularly law enforcement. These collaborations are best practices for effectively serving immigrant survivors of domestic and sexual violence.

[pdf] Special Immigrant Juvenile Status: Information for Child Welfare Workers (+)

Information for child welfare workers in regards to the Special Immigrant Juvenile Status (SIJS).

[pdf] Immigrant Victims in the Justice System (+)

Flow chart illustrating the importance of providing support for immigrant victims seeking help from the justice system and the many different types of justice system cases immigrant victims encounter as they turn to the justice system for help. The systems immigrant and LEP victims need support navigating include: immigration, domestic violence/ arrest incident, family court, benefits, and protection orders (civil court process).

[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] U-Visa Legal Advocacy: Overview of Effective Policies and Practices (+)

This policy brief provides an overview of successful collaborations that lead to improved access to U visa certification for immigrant crime victims. A review of the experiences reported by grantee organizations of the Legal Assistance for Victims (LAV) Program, administered by the Office on Violence Against Women (OVW) found that successful collaborations with law enforcement agencies that grantees built over time, working on a range of domestic violence and sexual assault issue, led to more positive outcomes for immigrant survivors seeking U visa collaborations. This policy brief contains illustrations and recommendations for best practices for building sustainable collaborations that benefit law enforcement, immigrant victims, advocates, attorneys and the communities.

[pdf] Immigrant Crime Victims Legal Bibliography (2013) (+)

Bibliography of legal journal articles and legal publications related to the legal rights of immigrant victims of domestic violence, sexual assault and human trafficking through 2013.

[pdf] CH 01.1 Dynamics of Domestic Violence Experienced by Immigrant Victims (+)

This chapter (1.1) discussed the dynamics of domestic violence as experienced by immigrant victims. It discusses immigrant victim’s experiences with domestic violence as well as fear deportation, economic abuse, child custody, misconceptions victim’s have about the U.S. legal system, immigrant victims interactions with the justice system and how advocates and attorneys can effectively support victims in exercising their legal rights and gaining access to victim services.

[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] Advocate’s Guide to Immigrant Survivors’ Rights and Protections (February 23, 2015) (+)

A guide for advocates and attorneys on immigrant survivors rights if they become the subject of immigration enforcement. This tool helps advocates providing advise to immigrant victims of domestic violence and sexual assault about steps both the immigrant crime victim and the advocate/attorney should take should the victim become the subject of an immigration enforcement action.

[pdf] Immigrant and Limited English Proficient Victims’ Access to the Criminal Justice System: The Importance of Collaboration (+)

Fact Sheet highlighting findings from a national survey NIWAP conducted documenting immigrant crime victims’ experiences when they called the police for help in domestic violence, sexual assault and human trafficking cases. The findings provide data on the use of qualified interpreters at crime scenes by police and law enforcement barriers to U visa certification. In communities where established collaborative relationships between law enforcement and victim advocates and attorneys existed, law enforcement was significantly more likely to sign U visa certifications and more likely to provide language assess for limited English proficient crime victims at crime scenes.

[pdf] National Survey of Service Providers on Police Response to Immigrant Crime Victims, U Visa Certification and Language Access (+)

This report explores police responses to immigrant victims of crime from the perspectives of various service providers, including legal services, pro bono attorneys, social service organizations, domestic violence/sexual assault programs, law enforcement and prosecutors’ offices. The data presented are based on the results of a nationwide survey of organizations serving immigrant victims of domestic violence, sexual assault and human trafficking. We assess the effect that a history of ongoing collaboration between victim and legal services agencies and law enforcement has on U Visa certification practices and language access to the justice system. The paper also examines the experiences of working with Limited English Proficiency (LEP) clients and language access in the field and during legal procedures. A key focus of this paper is to identify factors that support improved access to culturally and linguistically appropriate resources and services, including the identification of systemic barriers that impede access.

[pdf] Understanding and Participating in State Level Policy Advocacy (+)

This guide is a tool for advocates and attorneys working at the state and national levels on public policy advocacy to secure reforms in laws, policies and practices that improve access to justice, help, and services and to expand legal options for survivors of domestic violence and sexual assault. Describes as step by step approach to working toward policy and law reform with a particular emphasis on building relationships and cross disciplinary collaborations that are essential to securing change now and in the future.

[pdf] Stories from the Field (+)

This collection of stories was developed to illustrate the harms to immigrant victims of domestic violence and sexual assault that would occur if proposed changes in the immigration protections offered under VAWA and U visa immigration relief were rolled back. Provisions in the House VAWA Reauthorization of 2012 proposed to make significant changes to the U visa program that would cut off U visa access for many victims, would end U visa lawful permanent residency protections, and would impose case processing changes that would endanger victim safety. This storybook contributed to President Obama issuing a veto threat of legal protections currently available in law were rolled back in VAWA 2013 for any victims. The stories illustrate how victims will be harmed if access to lawful permanent residency for u visa victims is denied; why U visa holders need lawful permanent residency, U visa case benefits for victim safety and law enforcement even when no criminal case is opened or pursued; and Perpetrator Interference With Victim Access to VAWA Immigration Relief.

[pdf] Collecting Stories to Illustrate the Need for Proposed Reforms to Aid Immigrant Victims (+)

Story collection allows advocates to assess and document the problems that victims face in their communities when they seek help from the police, the justice system, victim services, social services, or the healthcare system. This story collection tool provides a step by step guide to help advocates, attorneys and community based programs working with crime victims document problems in the field that victims encounter that impede their access to services, the justice system, health care and other assistance and legal rights. This story collection process can be tailored to a variety of different issues and groups of victims.

[pdf] New Dangers for Battered Immigrants: The Untold Effects When Immigrant Victims Have to Leave the U.S. to Obtain Lawful Permanent Residency as VAWA Self-Petitioners (+)

The stories recounted in this volume document the experiences of battered immigrants from around the country. In all of these cases, battered immigrants either filed or are in the process of filing self-petitions. Once the battered immigrant’s self-petition is approved the victim may apply for lawful permanent residency. The purpose of this compilation has been to highlight the potential hardships and dangers that battered immigrants face if they would be required to leave the United States and travel abroad to receive lawful permanent residency based upon their approved VAWA self-petition. Historically, battered immigrants abused by their U.S. citizen or lawful permanent resident spouses or parents have been generally able to attain lawful permanent residency while continuing to reside in the United States. The stories collected here were used to secure amendments in VAWA 2000 that together with DHS policies allow immigrant victims to obtain lawful permanent residency without being required to leave the United States.

[pdf] Services and Assistance Legally Available to Help Immigrant Victims of Violence Against Women (+)

Training powerpoint on public benefits from the December 1, 2010 Sioux Falls, South Dakata

[pdf] Policies & Practices that Enhance the Legal Rights of Immigrant Domestic Violence Victims (+)

A powerpoint presentation on immigrant victims’ legal rights from October 14, 2010 training in Long Beach, California

[pdf] Intimate Partner Violence in Immigrant and Refugee Communities: Challenges, Promising Practices, and Recommendations (+)

This document describes intimate partner violence (IPV) in immigrant and refugee communities in the United States; acknowledging IPV as a widespread, costly, and complex social problem nationwide, with serious health and safety implications.

[pdf] T and U-visa Holders Need Legal Permanent Residency: Real Life Stories (+)

A collection of real life stories that illustrate the hardships U visa and T visa holders face without access to lawful permanent residency included in the U visa and T visa statues. This collection was submitted to the U.S. Department of Homeland Security and the Office of Budget and Management as part of advocacy to secure issuance and influence the protections that would be included in the T and U visa lawful permanent residency (adjustment of status) regulations.

[pdf] Wife Battery in Islam: A Comprehensive Understanding of Interpretations (+)

This article presents a comprehensive discussion of Islamic interpretations of wife beating. Four schools with varying Islamic perspectives on the issue of wife beating are explored. The schools are classified based on the severity of the patriarchal values reflected in the structural relationship between men (husbands) and women (wives) within the family and the general society. Literal, patriarchal, and feminist interpretations of the Qur’anic text are provided. This review of the range of Islamic interpretations regarding wife beating provides an educational tool for advocates, attorneys, and service providers working with immigrant Muslim women in the United States.

[pdf] Lifetime Spiral of Gender Abuse (+)

The Lifetime Spiral of Gender Abuse describes the potential for violence across the female lifespan. Those working with battered women use it to identify a survivors life history of trauma. Information about a survivors trauma history can be extremely helpful in the development of a victim’s immigration case and improve outcomes in VAWA, U and T visa cases. Identifying the full history or traumas experienced by battered women can also improve outcomes in custody cases as it helps family lawyers representing battered women identify elements of abuse that the victim may not have otherwise revealed (e.g. sexual assault) and it makes the attorney representing the victim in the custody case aware of trauma history that the perpetrator may use against the victim in the custody case.

[pdf] Culture Handbook (+)

This handbook is designed to be used by advocates and professionals who work with those who are victims of domestic and sexual violence. It provides some basic information on how to understand culture and begin the process of challenging oneself to become more aware of the ways in which culture impacts our work and the lives of those who are victims.
Advocates and professionals are well aware of some of the struggles one can encounter when working with victims who appear different. The handbook gives some guidance on how to understand the complex ways in which people respond to intimate violence. In simple terms, the handbook outlines some basic ways in which to begin the process of becoming aware on both an individual and institutional basis. Neither of these by themselves can lead to empowerment of survivors. Therefore, the handbook stresses the importance of reaching out to and working collaboratively with diverse communities so that the issues of domestic and sexual violence can be owned by one and all.

[pdf] Calls to Police and Police Response: A Case Study of Latina Immigrant women in the USA (+)

This paper addresses the experiences of battered immigrant Latina women when contacting police for assistance in attempting to reduce, end, or flee violence. The research consists of interviews with 230 battered immigrant Latina women experiencing violence. The analysis examined the factors contributing to the extent, frequency, and readiness of the women to call the police. The police response to and the effect of seeking help by battered immigrant Latina women on arrest of the perpetrator were also explored. The results show that the number of times and the frequency of contacting the police among battered immigrant Latina women was far less than would be expected based on their experienced with intimate partner violence. The factors which led women to call the police were mostly related to the stability of their immigration status, their children’s exposure to violence, the women’s region of origin and the frequency of domestic violence. The police response to this group of women demonstrates a lack of cultural sensitivity, and produces concerns regarding language accessibility and low rates of arrest. The paper concludes with recommendations about the need to better incorporate immigration as an additional factor in understanding intimate partner violence and help-seeking from police.

[pdf] Advocacy to Improve Services for Battered Migrant and Immigrant Women Living in Rural Communities (+)

This manual aims to enhance the ability of women in rural areas who are survivors of domestic violence to become leaders against domestic violence in their communities. Trained survivors are effective advocates who can educate others about domestic violence and can provide advocacy to ensure that battered farm worker women can access the broad range of legal and social services available to help battered women. This advocacy and support is needed to ensure that police, courts, shelters, public benefits, immigration and health care systems do not fail farm worker battered women who are legally entitled to help. Most employees working in these systems are unaware of the special legal protections available to battered immigrant women and farm worker women.
**NOTE: This manual has not been updated to include law changes occurring since the manual was first published in 2004. Please see other materials in this web library for up to date information on immigration, public benefits, health care and legal services assistance and relief for immigrant survivors.

[pdf] Helping Mothers and Their Children Involved With the Child Protection System (+)

Many women who have experienced domestic violence are also involved with the child protection system (CPS). Most are poor, and a disproportionate number are women of color, both immigrant and U.S. born. Being involved with CPS can be frightening, overwhelming and confusing for them. And as an advocate, you may feel as helpless as the women you are trying to assist. This guidebook is intended to underscore the importance of your work, provide tips for how to improve your practice in this area, and inspire you to do what you do best-understand a woman’s situation and help her navigate the road to safety, well-being, and self-sufficiency.

[pdf] Violence Against Women and Systemic Responses: An Exploratory Study (+)

This report presents the experiences of battered immigrant women who have encountered intimate and family violence and examines the common and unique features of abuse experienced by immigrant women relative to non-immigrant women. It highlights the dynamics of the abuse, the coping mechanisms immigrant women adopt, and their help-seeking behavior. It describes their appeals to the justice system and to legal and social service providers, with a special focus on the way in which immigration status and domestic violence interact within these institutional spheres. The report also details the justice system response to battered immigrant women from the victims/survivors’ perspectives and from the perspectives of those who attend to their needs–service providers and domestic violence, family, and immigration lawyers.

[pdf] Ensuring Fairness and Justice for Noncitizen Survivors of Domestic Violence (+)

This article will provide a comprehensive overview of issues facing the courts when noncitizens are petitioners, respondents, or both in domestic violence cases, including a discussion of findings that can be made for immigrant survivors of domestic violence.

[pdf] Women Immigrants and Domestic Violence (+)

Paper presented at a symposium convened by the Woodrow Wilson International Center for Scholars entitled Women’s Rights in Theory and Practice: Employment, Violence and Poverty, May 21-22, 2002. Discussing the demographics of immigrant women in the United States and the importance that services providers, advocates and attorneys learn how to provide culturally appropriate assistance to diverse immigrant victims, the significance of fear of deportation as a barrier, and the importance of identifying and working with survivors the continuum of violence immigrant survivors experience.

[pdf] The Roles of Culture, Context, and Legal Immigrant Status on Intimate Partner Violence (+)

Intimate partner violence against immigrant women is at epidemic proportions, but research has only recently begun to address the concern. A review of the legal, medical, and social science research literature reveals little data, but that which exist demonstrate that immigrant women’s cultures, contexts, and legal status (a) increase vulnerability for abuse, (b) are used by batterers to control and abuse immigrant women, and (c) create barriers to women seeking and receiving help. Data also reveal that immigrant culture and context offer resiliency factors through which programs and policy can be used to better serve these populations.

[pdf] Crossing the Threshold to Safety: Stories of Immigrant Crime Victims Who Will Benefit From Attaining U-visas (+)

Stories of victims who will benefit from U visa protections. These stories were collected as part of the effort to secure regulations implementing the U visa protections that became law as part of VAWA 2005.

[pdf] Improving Accessibility of Your Program’s Services to Battered Immigrant Women (+)

Lack of information about and access to services to assist battered women is one of the major obstacles battered immigrant women encounter when they consider fleeing a violent relationship. For immigrant women who do not speak English, communities without bilingual services are communities without any services. This tool outlines steps programs can take to improve accessibility of the program’s services for immigrant and limited English proficient survivors.

[pdf] Lifetime Prevalence of Violence Against Latina Immigrants: Legal and Policy Implications (+)

This article examines the prevalence of various forms of domestic violence experienced by Latina immigrant women, the nature of the battering and extreme cruelty they experience, and public policy implications of the findings. The this research found high levels of intimate partner abuse experienced by immigrant Latinas and publishes data about immigrant victims in married to citizens and lawful permanent residents that Congress relied upon in when creating VAWA self-petitioning in 1994. Includes a discussion of immigration related abuse, details about the types of physical, sexual and emotional abuse victims suffered, describes the types of emotional abuse that are significantly related to physical and sexual abuse, and provides empirical data documenting several of the factors that in and of themselves or collectively constitute “extreme cruelty” under U.S. immigration laws.

[pdf] Extent, Nature, and Consequences of Intimate Partner Violence (+)

A research report on the findings from the National Violence Against Women Survey on the extent, nature, and consequences of intimate partner violence in the United States. The National Institute of Justice and the Centers for Disease Control and Prevention cosponsored the survey through a grant to the Center for Policy Research.

[pdf] Expert Testimony Concerning Battering (+)

This appendix reviews research data and provide information about the dynamics of domestic violence in immigrant families on questions and issues that are relevant to fact finders who decide cases involving battered immigrant women. Attorneys and advocates representing battered immigrant women in VAWA cases are encouraged to include a copy of this material as supporting evidence in the VAWA case.

[pdf] Characteristics of Help-Seeking Behaviors, Resources, and Service Needs of Battered Immigrant Latinas: Legal and Policy Implications (+)

This briefing paper examines the obstacles for battered Latina women to preventing or escaping abuse and the services which are actually used to escape abuse. The paper surveys the literature and then explores the results of a survey designed and conducted by AYUDA among Latinas in Washington, DC.

[pdf] Overcoming Cultural Barriers in Working With Immigrant Battered Women (+)

Describes cultural barriers battered immigrants face when seeking help from advocates and attorneys and tips for using open-ended questions and good listening skills. By creating an environment in which each battered immigrant feels safe to describe their needs, concerns and fears from withing the victim’s own cultural context advocates and attorneys can use an approach that will be effective in serving immigrant victims from varying cultures, immigration statuses and linguistic backgrounds.

[pdf] Comments to LSC Interim Rule on Restrictions on Legal Assistance to Immigrants (+)

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.

[pdf] Brochure: Are You Safe at Home (+)

This booklet explains the legal rights of immigrant victims of family violence including domestic violence, child abuse and elder abuse.

[pdf] Dreams Lost, Dreams Found: Undocumented Women in the Land of Opportunity (+)

This study was designed to identify problems and social service needs of undocumented Filipina, Latina, and Chinese women in the Bay Area. Undocumented women in the Bay Area are a growing and neglected population in need of services. This study examines the factors causing increased migration by women to the U.S., and how these factors influence women’s lives once they are here. Findings of this study reveal the economic hardship of undocumented women and their families and provide insight into immigrant women’s experiences with domestic violence. This survey was the precursor to the survey conducted in the early 1990s by Ayuda.