Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.
Regulations and Policies > Policy Tools and Fact Sheets
Topic: Policy Tools and Fact Sheets
Fact sheets summarizing, providing roadmaps for and collecting government policy citations.
[pdf] Policy Advocacy Cycle (2012) (+)
Overview of how laws, regulations and policies and made, implemented and used to help immigrant victims based on advocacy that led to the creation of the VAWA self-petition, the U visa, and the T visa and legal services access for abused immigrants.
[pdf] Victims of Human Trafficking: T Nonimmigrant Status (+)
This USCIS webpage describes who qualifies for the T visa. It outlines the definition of “severe form of trafficking in persons” and provides quick information on eligibility, application, and employment authorization. It includes eligibility for qualifying family members, public benefits, and links to other resources developed by the Department of Homeland Security on T visas, […]
[pdf] T Visa Law Enforcement Resource Guide (+)
This T Visa Law Enforcement Resource Guide is intended for federal, state, local, Tribal and territorial law enforcement, prosecutors, judges and other government agencies who are authorized to sign T visa declarations. This standalone resource guide on T visas for certifying agencies. It provides information on eligibility requirements for immigrant victims, best practices for certifying […]
[pdf] Office on Trafficking in Persons Child Certification Handout (+)
This handout created by the Administration for Children and Families Office on Trafficking in Persons explains how to use a certification letter to obtain benefits and services.
[pdf] Office on Trafficking in Persons Adult Certification Handout (+)
This handout created by the Administration for Children and Families Office on Trafficking in Persons explains how to use a certification letter to obtain benefits and services.
[pdf] U and T Visa Certification Protocol for Courts (October 20, 2020) (+)
This draft U and T visa Certification Protocol was adapted from the Superior Court of California, County of San Francisco Civil Division U-Visa Certificate Protocol. This model policy can be adopted by courts across the country. The policy cites and is fully consistent with relevant and updated statutes, laws, regulations, and DHS policies on U and T visa certifications.
[pdf] 13061247 RFEs NOIDs 6.3.13 (+)
[pdf] ICE Confirms Continued Effectiveness of Victim Witness Protections (April 19, 2019) (+)
[pdf] Privacy Protections for Immigrant Victims of Domestic Violence, Sexual Assault, Human Trafficking, Child Abuse and Other Immigrants Applying for Public Benefits (October 14, 2020) (+)
The fact sheet provides an overview which government officials state or federal have obligations to inquire into or report immigrants whom they believe may not be in the U.S. lawfully to the Department of Homeland Security. This document discussed the very limited circumstances (in the context of certain public benefits applications) in which government officials are required by federal law to report an individual’s believed citizenship or immigration status to DHS.
[pdf] DEPARTMENT OF EDUCATION CASE PROCESSING MEMO 2018 (+)
[pdf] Emergency Shelter and Transitional Housing for Immigrant Victims: Government Policies (February 10, 2017) (+)
This document brings together in one collection the polices issued by federal government agencies describing the legal rights of immigrant and Limited English Proficient (LEP) victims of domestic violence, sexual assault, dating violence, stalking, human trafficking, child abuse, and the homeless to access emergency shelters and transitional housing from a wide array of programs offering these services who receive federal funding. The federal agency policies in this collection include policies issued by:
The U.S. Department of Justice (Office of Victims of Crime, Office on Violence Against Women)
The Health and Human Services (Family Violence Prevention)
The U.S. Department of Housing and Urban Development
These policies provide the requirements for providers of emergency shelter, transitional housing and other programs offering services necessary to protect life and safety. this packet of policies will help advocates and attorneys working with immigrant survivors and immigrant children gain access to housing, services and assistance they are eligible to receive without regard to their immigration or LEP status.
*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 […]
[pdf] U.S. Government Fact Sheet on Female Genital Mutilation or Cutting (FGM/C) (+)
[pdf] Domestic Violence and Sexual Assault Public Policy Timeline Highlighting Accomplishments on Behalf Of Immigrants and Women of Color (February 11, 2017) (+)
Provides an overview of the historical achievements that improve laws, policies, practices and access to services for battered women, sexual assault victims and particularly immigrant and women of color victims.
[pdf] DHS U and T Visa Law Enforcement Resource Guide Updated November 30, 2015 (+)
Updated November 30, 2015, the Department of Homeland Security published an updated resource guide to clarify and further explain the role of certifying agencies in the U and T visa application process. This guide addresses concerns, answers common questions, and provides accurate information on signing I-918B and I-914B forms for federal, state, local, tribal, and territorial law enforcement, prosecutors, judges, and other government agencies qualified to sign U visa certifications such as the EEOC, federal and state labor departments, adult and child protective services, and any other eligible agencies that have criminal, civil, or administrative investigative or prosecutorial authority. The guide provides information on what U and T visas are, discusses U visa qualifying criminal activities and severe forms of trafficking in persons, explains the standard for “helpfulness” and “reasonable request for assistance”, and has many more important tips and information about the U and T visa.
[pdf] U Visa Certification by Judges: Minnesota Board of Judicial Standards Opinion 2015 (+)
This opinion by the Minnesota Board of Judicial Standards discusses how judges can sign U visa certifications consistent with the codes of judicial ethics. There are two Judicial Training and Education Updates one national https://niwaplibrary.wcl.american.edu/pubs/national-uvisa-judicial-training-update/ and one for Minnesota https://niwaplibrary.wcl.american.edu/pubs/minnesota-uvisa-judicial-training-update/ that discusses the this opinion and its implications on U visa certification by judges. The November 30, 2015 U and T Visa Law Enforcement Resource Guidefor Federal, State, Local, Tribal and Territorial Law Enforcement, Prosecutors, Judges, and Other Government Agencies written by the Department of Homeland Security provides further information for judges on U visa certification. https://niwaplibrary.wcl.american.edu/pubs/dhs-updated-u-certification-resource-guide-2015/
[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] Chapter 02: Ensuring Language Access to Immigrant Victims of Sexual Assault (July 1, 2013) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides an overview of federal language access laws that apply to work involving immigrant and Limited English Proficient victims of sexual assault. It includes a discussion of the history and development of federal language access laws, Title VI of the Civil Rights Act, how to research demographics of the LEP community in your jurisdiction, definitions of who are LEP persons, federal enforcement of LEP laws, the importance of using qualified interpreters, an overview of language access plans, steps for determining interpreter qualifications, translation requirements, tips and best practices.
[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] Model U-Visa Certification Protocol for Law Enforcement Agencies (+)
Sample U Visa Certification Policy for law enforcement agencies developed with funding from BJA and OVW.