BUILDING LAW ENFORCEMENT CAPACITY TO SERVE IMMIGRANT VICTIMS

Table of Contents U-Visa “Helpfulness” Checklist CATEGORY: MANUAL DHS U and T Visa Law Enforcement Resource Guide Updated 11.30.15 Glossary of Terms for Work with Immigrant Survivors (November 15, 2017) U Visa Helpfulness Case Scenarios Collection of U-Visa News Articles Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges […]

[pdf] Appendix T -Declaratory Judgments – Cases ByTopic & State (+)

This Appendix is document that collects case law from states across the country illustrating the wide range of circumstances in which state courts apply state declaratory judgment statutes to issue declaratory judgments on family law matters. It explains a chart that provides helpful illustrative information for courts and attorneys in cases of immigrant children seeking Special Immigrant Juvenile Status (SIJS) findings.

[pdf] Appendix Z- Glossary of Terms (+)

This appendix is a glossary of terms that give brief descriptions of terms are relevant to assisting adult and child immigrant victims of domestic violence, sexual assault, dating violence, stalking, human trafficking, elder abuse, and immigrant children who have suffered child abuse, abandonment or neglect. The terms are organized alphabetically.

[pdf] Chapter VI – Inadmissibility in SIJS (+)

This Chapter explains admissibility requirements and the inadmissibility waivers that may be available in cases of children applying for SIJS. It discusses the grounds of inadmissibility and SIJS that describes the inadmissibility that statutorily does not apply or can be waived in cases of SIJS and grounds of inadmissibility that SIJS cannot waive.

[pdf] Chapter V-8 – Paternity Quick Reference Guide (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings in paternity and parentage proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in paternity and parentage proceedings and common case scenarios. It also briefly discusses the procedural consideration and best practices for SIJS findings in paternity cases.

[pdf] Chapter V-7 – Guardianship Quick Reference (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings in guardianship proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in guardianship proceedings and common case scenarios. It also briefly discusses the procedural consideration and best practices for SIJS findings in guardianship cases.

[pdf] Chapter V-6 Dependency Quick Reference (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings in dependency proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in dependency proceedings and common case scenarios. It also briefly discusses the procedural consideration and best practices for SIJS findings in dependency cases.

[pdf] Chapter V-5 Delinquency Quick Reference (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings in delinquency proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in delinquency proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in delinquency cases.

[pdf] Chapter V-4 SIJS in Declaratory Judgment Cases Quick Reference (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings in declaratory judgment cases. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in declaratory cases and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in declaratory cases.

[pdf] Ch V-3 – Custody Quick Reference Guide (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings in proceedings involving custody and child support. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in custody and child support proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in custody case.

[pdf] Chapter V-2 – Civil Protection Orders Quick Reference Guide (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings in civil and criminal protection orders proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in civil and criminal protection order proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in protection orders.

[pdf] Chapter V-1 -Adoption Quick Reference RN (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings involving termination of parental rights and adoption. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It further discusses the termination of parental rights in adoption proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in adoption cases.

[pdf] CH IV: Application of the Best Interest of the Child Standard in SIJS (+)

This Chapter provides an overview of congressional and immigration policy framework for Special Immigrant Juvenile Status. It discusses the practical guide in determining the best interest standard in SIJS. It further explains the best interest standard in light of custody, and placement. Lastly, the chapter discusses reunification as a factor used by state courts in determining SIJS application of the best interest standard in SIJS.

[pdf] CH III: Abuse, Abandonment, or Neglect – The Role of State Law Definitions in Special Immigrant Juvenile Status Findings (+)

This Chapter of the manual provides an overview of how state courts apply the state law definitions of “abuse,” “abandonment,” and “neglect” in issuing SIJS findings as part of state court orders. It discusses how courts should apply the state law definitions of abuse, abandonment, and neglect to the facts that occurred outside and inside of the United States. It also explains the state law definition of the abuse, abandonment, and neglect ad highlight the common themes in the state law definition of these terms. The chapter provides an overview of the helpful charts included as appendices to this manual that provide the state-by-state details and a national multi-state overview of how each of the following terms are described in the law of each of the U.S. states and jurisdictions.

[pdf] CH I -Introduction to Special Immigrant Juvenile Status (+)

This Chapter provides an overview of the Special Immigrant Juvenile States as a form of immigration relief that helps immigrant children who have suffered abuse, abandonment or neglect perpetrated by a parent. It discusses this federal immigration program, its history, and the role of the state courts in SIJS cases. It also discusses the federal immigration adjudication process and how state courts will encounter SIJS eligible children in the wide range of cases that in which SIJS eligible children appear before state courts.

[pdf] Civil Immigration Enforcement Actions Inside Courthouses (January 10, 2018) (+)

This policy issued by U.S. immigration and Customs (ICE) enforcement sets out policies regarding civil immigration enforcement at federal, state and local courthouses. This policy requires that ICE immigration enforcement officers will only conduct civil immigration enforcement at court houses against immigrants who are targeted for immigration enforcement due to criminal convictions, gang membership, national security, public safety threats or when the immigrant has been ordered removed from the United States. Persons accompanying the targeted immigrant to court including family members and friends will generally not be subject to immigration enforcement. Civil enforcement is to be avoided in non-criminal court cases include family law cases and civil cases and require prior supervisory approval.

San Francisco Superior Court, Civil Division, U Visa Certification Protocol (October 27, 2017)

On October 27, 2017 the Superior Court of California, County of San Francisco, Civil Division issued a U-Visa Certification Protocol that governs how U Visa certifications will be processed and issued by judges in that court.  The San Francisco Superior Court Civil Division handle a wide range of matters including family law cases (divorce, custody, […]

[pdf] Glossary of Terms for Work with Immigrant Survivors (November 15, 2017) (+)

This glossary of terms is designed to assist judges, law enforcement, prosecutors, victim advocates and attorneys working with immigrant survivors of domestic violence, sexual assault, child abuse, stalking, dating violence and human trafficking. It covers terms commonly used in cases involving immigrant survivors and their children including immigration, family law and public benefits matters.

Training Tools for Prosecutors on the U Visa, VAWA and Criminal Court Discovery (November 8, 2017)

AEquitas, The Prosecutor’s Resource on Violence Against Women and the National Immigrant Women’s Advocacy Center, American University, Washington College of Law have created tools for prosecutors working on cases involving immigrant crime victims.  The development of these tools was funded by the Office on Violence Against Women, U.S. Department of Justice. What’s Immigration Status Got […]

Training Materials – What do State Courts Need to Know about Immigration and Why: Human Trafficking and Family Violence (Rockford, Illinois)

November 3, 2017 in Rockford, Illinois Training Materials Slideshow: Rockford Training_What do State Courts Need to Know about Immigration and Why_Slides Faculty Biographies: Faculty Biographies_Rockford IL 11.3.17   Immigration Relief for Crime Victims and Children      Know Your Rights Information DHS Interactive Infographic on Protections for Immigrant Victims http://niwaplibrary.wcl.american.edu/pubs/dhs-protections1-6-links-121516 Immigration Options for Victims of Crime -DHS […]

[pdf] DHS Protections for Immigrant Victims – Chinese (+)

DHS Protections for Immigrant Victims – Chinese 对遭受犯罪行为侵害的移民的保护

[pdf] DHS PROTEÇÕES PARA VÍTIMAS IMIGRANTES – (Protections for Immigrant Victims) [pdf] (+)

O Departamento de Segurança Interna produziu uma infográfico que fornece um resumo das proteções legais para vítimas de crimes que são adultos e crianças. Este infográfico fornece proteção de imigração para vítimas de abuso nos Estados Unidos e / ou no exterior. As formas de alívio são: VAWA, visto U, visto T, presença contínua, status […]

Winning Custody Cases for Immigrant Survivors: the Clash of Laws, Cultures, Custody and Parental Rights (2017)

Veronica T. Thronson, Carole Angel, Soraya Fata, Rocio Molina, Benish Anver, Kalli Wells and Leslye E. Orloff, Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights.  9 Fam. & Intimate Partner Violence Q. 2-3, 1-169 (2017) This article discusses a wide range of topics that arise in custody cases […]

California’s U Visa Certification Law (Penal Code Section 679.10)

California’s Immigrant Victims of Crime Equity Act (SB 674; California Penal Code Section 679.10) became law on January 1, 2017. Implementing policy for the California Attorney General: New and Existing State and Federal Laws Protecting Immigrant Victims of Crime October 28, 2015. Immigrant Legal Resource Center (ILRC) Publications on California’s U Visa Certification Law ILRC fact […]

Trafficking FAQs

Identifying Trafficking I am not sure if my client is a trafficking victim. What should I be looking for? Identifying a trafficking victim is complicated, particularly because of the misconceptions about human trafficking. The following is the definition of a severe form of trafficking in persons under the Trafficking Victims Protection Act (TVPA): Sex trafficking […]

[pdf] The Department of Homeland Security’s Interactive Infographic on Protections for Immigrant Victims (+)

The Department of Homeland Security (DHS) released an infographic detailing the protections afforded to immigrant victims. This interactive infographic describes qualifications and benefits for each form of immigration relief designed to help immigrant victims. When you click on each form of relief, a link takes you to a DHS webpage with further information, brochures and […]

Police Executive Research Forum’s Summer 2017 Newsletter Article: “U Visas and the Role of Local Police in Preventing and Investigating Crimes Against Immigrants”

The Police Executive Research Forum’s summer 2017 newsletter,Subject to Debate, contains a wealth of information on immigration issues and is available here: http://www.policeforum.org/assets/docs/Subject_to_Debate/Debate2017/debate_2017_junaug.pdf.  With support from the Carnegie Corporation, this special issue pays particular attention to the police role in U Visas. Our article explores the potential for using the U Visa to build trust with […]

A Guide to Obtaining U Visa Certifications Practice Advisory (July 2017)

The Immigrant Legal Resource Center has produced a great resource on U visa certification that includes an overview of state U visa laws and pending legislation.  “This practice advisory outlines some suggestions and resources for immigration advocates working with law enforcement agencies to obtain law enforcement certification for U Visa applicants.  It also includes a […]

[pdf] Febuary 2017 Newsletter (+)

In this issue: – DHS Interactive Infographic on Protections for Immigrant Victims – Department of Housing and Urban Development’s VAWA Self-Petitioner Verification Procedures – Upcoming Webinar Training: Immigrant Access to Federally Funded Housing

[pdf] Re: PM-602-0110: VAWA Amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children (+)

NIWAP’s response in support of the memo that included comments for further clarification and instructions regarding the adjudication of such applications. USCIS issued a policy memorandum implementing the provisions of VAWA 2005 and 2000 granting continuing eligibility to apply for lawful permanent residency without the help or knowledge of their abusive spouse to abused spouses […]

[pdf] U Visa Law Enforcement Certification Resource Guide for Federal, State, Local, Tribal and Territorial Law Enforcement (January 2012) (+)

This is the original version of the U visa resource guide published by DHS it is available on the DHS website at http://www.dhs.gov/xlibrary/assets/dhs_u_visa_certification_guide.pdf. It was updated in 2015 to include more information to address questions certifiers were commonly asking for clarification from DHS and to expand the guide to be more useful to judicial certifiers and certifiers from state and federal government agencies who were not police or prosecutors. The updated version of this guide is available at http://niwaplibrary.wcl.american.edu/pubs/dhs-updated-u-certification-resource-guide-2015/

Training Materials: Immigration Relief for Immigrant Crime Victims and Immigrant Children (Last Updated – February 2018)

For more information on any of the following immigration protections for immigrant crime victims including statues, regulations, policies and government publications see generally: http://niwaplibrary.wcl.american.edu/topic/immigration/ Legal Rights Overviews, Screening Tools, and Brochures Multilingual Materials for Victims and Advocates DHS Infographic: Protection for Immigrant Victims DHS Proteccions Para Las Víctimas Inmigrantes (Protections for Immigrant Victims) The Department […]

[pdf] Discussion Paper: Model Policy U Visa Certification (May 2016) (+)

This proposed model policy discussion paper was developed under a grant from the Bureau of Justice Assistance and in consultation with law enforcement leadership from multiple jurisdictions and with input from officials at the U.S. Department of Homeland Security. Please also review the Proposed Model Policy that accompanies this Discussion Paper.

[pdf] Proposed Model U Visa Policy (+)

This proposed model policy was developed under a grant from the Bureau of Justice Assistance and in consultation with law enforcement leadership from multiple jurisdictions and with input from officials at the U.S. Department of Homeland Security. Please also review the discussion paper that accompanies this Model policy.

[pdf] Department of Homeland Security: U Visa Immigration Relief for Victims of Certain Crimes: An Overview for Law Enforcement (February 2017) (+)

The U.S. Department of Homeland Security published a tool that provides an overview for law enforcement and other government agencies (including judges) authorized by the U Visa statutes, regulations and policies to sign U visa certifications. The overview describes the role of a certifier, what constitutes U Visa criminal activity, which government agencies are eligible to certify, who can sign a certification, when a certification may be signed, tips for completing the certification, and includes phone numbers, websites and resources available to assist certifiers from DHS and United States Citizenship and Immigration Services.

[pdf] U Visa Toolkit for Law Enforcement Agencies and Prosecutors (+)

By providing U‐visa certifications, law enforcement officials add to their arsenal of crime fighting tools because victims feel safer coming forward to report crimes. This document provides the following background information on the U‐visa: an overview of the U‐visa and a section on law enforcement officials and the U‐visa certification. The section on law enforcement officials includes who qualifies for a U‐visa, which criminal activities are covered by the U‐visa, the application process, and other information that will assist law enforcement in their role as certifiers.

[pdf] Hawaii Materials Benefits-Confidentiality Training (March 15, 2017) (+)

Materials list covering the following topics: Legal Rights Overview and Brochures; Access to Public Benefits and Services for Immigrant Domestic Violence and Sexual Assault Victims; Child Care; Drivers’ Licenses; Education; Health Care; Shelter and Transitional Housing; Public and Assisted Housing; LIHEAP; Non-Work Social Security Numbers; Public Charge and Immigrant Victims; TANF; VAWA Confidentiality; Legal Services Representation of Immigrant Victims; and Immigrant Victim’s Immigration Options

Webinar-Immigrant Crime Victim Access to Federally Assisted Housing (February 22, 2017)

Training materials and Power Point Webinar Recording Immigrant Crime Victims Access to Federally Assisted Housing (February 22, 2017) Webinar Slideshow NHLP & NIWAP, PowerPoint Slides for Webinar: Immigrant Access to Federally Assisted Housing (Feb. 22, 2017) Full training materials packet NHLP and NIWAP Info Packet with Power Point Slides and Materials (Feb. 22, 2017) Transitional […]

[pdf] Slides Webinar Immigrant Victim Access Federally Assisted Housing (February 22, 2017) (+)

PowerPoint presentation slides for the webinar on access to public and assisted housing, shelter and transitional housing for immigrant victims of domestic violence, sexual assault, stalking, dating violence, trafficking, abused and abandoned immigrant children and immigrant homeless. The document included the PowerPoint presentation and the cover list of documents distributed with the webinar.