December 12-16, 2016: OVW Grantee Training “Addressing Culture: Systemic Responses to Underserved Immigrant Populations”

All materials on this page were presented as part of our December 2016 conference: “Addressing Culture: Systematic Responses to Underserved Immigrant Populations.” Documents are listed under the workshop or plenary with which they are associated. The full agenda for this conference is available here. Opening Plenary – How to Use Culture, Religion and the Law […]

[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.

[pdf] Self Care Tool (+)

Self-care should be a preventive measure, and not
something one does when feeling completely overwhelmed. It is not always easy to take
care of ourselves; demands from work, family, and friends can relegate self-care to the
bottom of your “to-do” list. Self-care is particularly important for attorneys and advocates
that work closely with traumatized clients that have difficult stories to tell.

*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 […]

[pdf] DHS Policies and Safety Planning Flowchart (+)

Flowchart describing safety planning for immigrant survivors and the benefits of initiating the victims immigration case before serving a perpetration in a family law or protection order case. The document also contains a list and links to Department of Homeland Security policies that foster victim protection from immigration enforcement and removal.

[pdf] DHS Enforcement Priorities: Policies and Memoranda Information for State Court Judges (+)

The purpose of this bench card is to inform courts about DHS protections available to all immigrants so that the court can assess cases with an understanding of real policies and see official memoranda describing the intended protections available.

[pdf] Comparing Forms of Immigration Relief for Immigrant Victims of Crime (+)

This chart has been developed as a tool to help advocates, attorneys, judges, law enforcement and other professionals to promote a basic understanding of how various forms of immigration relief available to help immigrant crime victims and children differ. The chart compares eligibility requirements, access to employment authorization and lawful permanent residency, and the application process.

[pdf] Questions to Use for Crime Scene Identification of Limited English Proficient (LEP) (+)

These are sample introductory questions that an officer can ask when meeting a person that is potentially LEP. They are based on scenarios that an officer will likely encounter during his or her patrol. The goal is to ask questions that are not related to information the officer may need to for a criminal case, that can build rapport with victims and witnesses and avoid yes/no questions helping officers assess the need for a qualified interpreter to help LEP persons communicate with law enforcement and promote accuracy of police reports and criminal investigations.

[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] Chapter 03.2: VAWA Confidentiality and Breaches of Confidentiality (+)

Battered immigrant women relay extremely sensitive and private information to the U.S. Citizenship and Immigration Services (CIS, formerly INS)3 when seeking immigration relief. A batterer in possession of any of this information might use it to locate the battered immigrant spouse and her children and harm them. If he becomes aware that she is seeking immigration status independently of him or planning on leaving him, he might try to seek revenge and might contact the immigration authorities in an attempt to undermine her case or have her deported. For these reasons, confidentiality rules can serve as a potentially lifesaving protection for the victim and her children. A manual of confidentiality and breaches of confidentiality.

[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] Chapter 02: Interviewing and Safety Planning for Immigrant Victims of Domestic Violence (+)

This chapter will discuss the best ways for advocates and attorneys to communicate with battered immigrant clients. It will detail effective methods of identifying, interviewing, assisting, and ensuring the safety of domestic violence victims. It will teach advocates and attorneys how to interact with clients in a manner that diminishes the pain involved with discussing the abuse and how to be sensitive to cultural differences.

[pdf] Chapter 06.1: Countering Abuser’s Attempts to Raise Victim’s Immigration Status in Custody Cases (+)

This chapter is designed to help family lawyers prepare to counter attempts by abusers to raise immigration status in custody cases. Attorneys should be encouraged to use the information in this chapter to educate judges hearing custody cases about the fact that they should not consider immigration status in making custody decisions in the best interests of children. The contents of this chapter are written in a format that could be incorporated into a bench brief to a trial court in a custody matter or that would be included in materials for educating judges.

[pdf] Advocate’s Guide to Immigrant Survivors’ Rights and Protections (+)

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] Confidentiality in the Context of Immigration Enforcement: Responsibilities of Shelters, Rape Crisis Centers and Victim Services Providers (July 6, 2012) (+)

Information regarding shelter victim confidentiality and how state immigration legislation may impact domestic violence and shelter programs’ ability to comply with confidentiality requirements under state and federal law.

[pdf] Somewhere to Turn (+)

A comprehensive manual covering topics such as: domestic violence and battered immigrant issues, cultural competency training, cross-cultural interviewing, recruiting and hiring multilingual and multicultural staff, shelter protocols, outreach and community collaboration, shelter access for battered immigrant women, VAWA immigration cases and victim advocacy confidentiality, creative use of protection orders, protections orders enforcement and criminal prosecution, access to public benefits, verification and reporting requirements under the U.S. Attorney General’s guidance and order, and model programs.

[pdf] Identifying a Trafficked/Enslaved Person (+)

Sample questions for identifying a trafficked or enslaved person. These questions assist with identification of the elements and process of human trafficking including recruitment, migration/arrival, working conditions, force, fraud and coercion.

[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] 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] 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.