Rosen v. Ming Dai and Rosen v. Alcaraz (January 11 2021) Supreme Court of the United States. NIWAP assisted Jenner &
Block LLP in developing and securing social science support in a brief filed to the Supreme Court of the
United States on the question of credible testimony. The brief explained the impact of trauma on memory
and ability to testify, other mental health conditions’ impact on memory and credibility, and credibility
compared to truth.
Topic: Research
Social science research and bibliographies on immigrant victims of domestic violence, sexual assault and human trafficking.
Narrow your search:
[pdf] Souratgar v. Fair (February 18 2013) 2nd Circuit Court of Appeals (+)
Souratgar v. Fair (February 18 2013) 2nd Circuit Court of Appeals. NIWAP and others, represented by Greenberg and Trauri, participated in an amicus in a Hague Convention international custody case with Sanctuary for Families in New York. The amicus address domestic violence and immigration related abuse and provided social science research and legislative history documenting the dynamics of domestic violence experienced by immigrant victims, particularly immigration related abuse as well as research and Congressional Resolutions on the effect that witnessing a domestic violence has on children.
[pdf] Blondin v. Dubois (2000) U.S. Court of Appeals 2nd Circuit (+)
Blondin v. Dubois, U.S. Court of Appeals 2nd Circuit (2000). NOW LDEF represented by Crowell & Moring filed an amicus brief in support of a mother’s child custody against a challenge under the Hague Convention on the Civil Aspects of International Child Abduction U.S.C. section 11601 by the father, a resident of France.
[pdf] Harrison v. Harrison, Kentucky, Fayette Circuit Court 3rd Division (February 11 2002) (+)
Harrison v. Harrison, Kentucky, Fayette Circuit Court 3rd Division (2002) Amicus Brief explaining misuse of protection orders to penalize victims and discourage them from seeking legal relief, “mutual” protection orders as contrary to public policy, and the safety of DV victims as directly related to batterer responsibility enforced in the legal system. (Wiley, Rein & Fielding, Pro Bono)
[pdf] Marriage of David M. Salcido and Irina N. Salcido Arizona State Court of Appeals (August 24 2004) (+)
In Re the Marriage of David M. Salcido and Irina N. Salcido, Case No. 20023590 before the Arizona Court of Appeals. (2004) Filed an amicus brief in support of overturning a grant of annulment in favor of an abusive spouse who sought an annulment after a five year marriage in order to deny the victim-wife VAWA immigration status. (Crowell and Moring, Pro Bono).
[pdf] Meredith v. Muriel K&L Gates Supreme Court of the State of Washington (July 17 2009) (+)
Meredith v. Muriel, Supreme Court of the State of Washington, (2009). Submitted two amicus briefs one on behalf of Legal Momentum and a second on behalf of the National Network to End Violence Against Immigrant Women in a case in which an abuser appealed the issuance of a protection order containing a prohibition against the abuser communicating with the Department of Homeland Security regarding his wife. One brief (K & L Gates, Pro Bono) provided social science documentation of the harm to victims and the lethality of immigration related abuse and discussed the history and purpose of VAWA confidentiality protections.
[pdf] State v. Maria L. The Nebraska Supreme Court (April 8 2009) (+)
State v. Maria L., (2009) filed an amicus brief in a case before The Nebraska Supreme Court in a termination of parental rights case in which an undocumented immigrant mother was denied language access to child protective services, the courts and the hospital. In a unanimous decision that Nebraska Supreme Court returned two children to their Guatemalan mother who had been deported and her parental rights were terminated by the state ruling that undocumented, detained and deported immigrant parents have the constitutional right to care for, have custody of, and control over their children.
[pdf] Adoption C.M.B.R. Minor. S.M. and M.M. Respondents vs. E.M.B.R. Appellant Missouri Court of Appeals (July 21 2010) (+)
In Re Adoption of C.M.B.R. Minor. S.M. and M.M. Respondents vs. E.M.B.R. Appellant, Amicus brief was filed in the Missouri Court of Appeals (2010) and a second in the Missouri Supreme Court (2010) in support of reversing a court decision to terminate the parental rights of an immigrant mother Encarnacion Bail and finalize the adoption of her children as a result of Encarnacion’s immigration detention. Encarnacion Bail had been subject to an immigration raid at her workplace and was coerced into taking a plea to aggravated identity theft. While Encarnacion served her jail sentence, the State of Missouri terminated her parental rights and finalized the adoption of her children. After she finished serving her sentence the U.S. Supreme Court ruled that convictions like hers for use of false documents was unconstitutional. Won favorable decisions from in both cases confirming that limiting who may place a child for adoption and confirming that immigration status should “never” be a factor “when determining whether to terminate parental rights. (Crowell and Moring, Pro Bono)
[pdf] In Re Adoption of C.M.B.R. Minor. S.M. and M.M. Respondents vs. E.M.B.R. Appellant, Missouri Supreme Court (January 11 2010) (+)
In Re Adoption of C.M.B.R. Minor. S.M. and M.M. Respondents vs. E.M.B.R. Appellant, Amicus brief was filed in the Missouri Court of Appeals (2010) and a second in the Missouri Supreme Court (2010) in support of reversing a court decision to terminate the parental rights of an immigrant mother Encarnacion Bail and finalize the adoption of her children as a result of Encarnacion’s immigration detention. Encarnacion Bail had been subject to an immigration raid at her workplace and was coerced into taking a plea to aggravated identity theft. While Encarnacion served her jail sentence, the State of Missouri terminated her parental rights and finalized the adoption of her children. After she finished serving her sentence the U.S. Supreme Court ruled that convictions like hers for use of false documents was unconstitutional. Won favorable decisions from in both cases confirming that limiting who may place a child for adoption and confirming that immigration status should “never” be a factor “when determining whether to terminate parental rights. (Crowell and Moring, Pro Bono)
[pdf] Kumar v. Kumar California Court of Appeals (September 26 2016) (+)
Kumar v. Kumar (California Court of Appeals) NIWAP served as sole amicus in a case in which a California state family court judge imposed the duty to mitigate that applies in contract cases and alimony cases to an immigrant spouse, in this case a battered immigrant spouse, seeking to enforce the Affidavit of Support her husband signed with the U.S. Department of Homeland Security when he sponsored her to attain legal permanent residency status. The brief cited case law from other states and law review articles discussing current state family court practice allowing immigrant spouses to enforce affidavits of support in family court cases. The brief provided legislative history and social science data supporting the position imposing a duty to mitigate undermines the legislative purpose of the Affidavit of Support and in the case of battered immigrant spouses the Violence Against Women Act. (Crowell and Moring: September 26, 2016)
[pdf] S.E.R.L v. U.S. Federal Court of Appeals 3rd Circuit (September 25 2017) (+)
Amicus Brief in S.E.R.L v. U.S. NIWAP filed an amicus curiae brief on behalf of a Honduran woman who had helped her daughter escape from a domestic violence perpetrator who had trafficked the daughter to Mexico. The brief discussed the extent to which those who intervene to protect their family from perpetrators of domestic violence are at risk of violent retaliation by the perpetrator, up to and including death. She fled Honduras seeking asylum in the U.S. out of fear of more retaliation. This amicus was filed in the 3rd Circuit Federal Court of Appeals in a case in which S.E.R.L is seeking gender based asylum as a Honduran woman who intervened in a domestic violence relationship who are left completely vulnerable to violent retaliation. Crowell and Moring (September 25, 2017)
[pdf] Rosa Marisol Avelar Oliva Board of Immigration Appeals (February 16 2018) (+)
Amicus Brief in Matter of Rosa Marisol Avelar Oliva, NIWAP filed an amicus curiae brief on behalf of an El Salvadorian woman who suffered child abuse and was held in isolation for years. The Immigration Judge found that she was not credible. The brief discussed the psychological and developmental effects of trauma and how childhood rape and sexual abuse can significantly impact witness’s demeanor and ability to testify and report the abuse. The brief addressed how childhood trauma impairs brain development in key regions responsible for memory, reasoning, and planning. The amicus was filed in the Board of Immigration Appeals in a case in which Rosa Marisol is seeking gender-based asylum and withholding of removal. Crowell and Moring (February 16, 2018)
[pdf] W.M.V.C.; A.P.V. v. U.S 5th Circuit Federal Court of Appeals (February 28 2018) (+)
Amicus Brief in W.M.V.C.; A.P.V. v. U.S. NIWAP filed an amicus curiae brief on behalf of W.M.V.C. and her son A.P.V DV who suffered domestic violence and life-threats in a non-consensual relationship. The amicus brief discussed that the same power dynamics that precipitate domestic violence in heterosexual marital relationships apply and are present in same-sex and non-extramarital relationships. It also discussed the that the same factors that make a woman unable to leave an abusive opposite-sex relationship also make a woman unable to leave an abusive same-sex relationship, especially when the abuser is connected with law enforcement. This amicus was filed in the 5th Circuit Federal Court of Appeals in a case in which W.M.V.C. and A.P.V are seeking to overturn BIA’s decision that denied Petitioners’ applications for asylum, withholding of removal, and protection under the Convention Against Torture. Baker & McKenzie LLP (February 28, 2018)
[pdf] N.Y.C.C. v. Whitaker Seventh Circuit Federal Court of Appeals (November 26 2018) (+)
Amicus Brief in N.Y.C.C. v. Whitaker, NIWAP filed an Amicus Brief in N.Y.C.C. v. Whitaker in the Seventh Circuit Federal Court of Appeals. This brief explained that coercive control is one of the defining characteristics of domestic violence relationship as a result leaving a shared residence with an abuser does not bring an end to the abuse. Additionally, the brief discusses the particular dangers when the perpetrator engages in stalking his victim. Winston & Strawn LLP (November 26, 2018)
[pdf] Nguyen v. INS, 2000 (June 16 2000) U.S. App. LEXIS 6860 5th Circuit (+)
Nguyen v. INS, 2000 U.S. App. LEXIS 6860 (5th Cir. June 16 2000) Filed an brief in support of a
Petition of Certiorari to the United States Supreme Court (2000) in an equal protection clause challenge to a federal immigration law that treats foreign born out-of-wedlock children of citizen mothers differently from similarly situated children of citizen fathers for purposes of obtaining citizenship. (Legal Momentum)
[pdf] O.M.G. et al v. Wolf et al. U.S. District Court for the District of Columbia (March 30 2020) (+)
O.M.G. v. Wolf (2020) U.S. District Court for the District of Columbia. David Thronson, “Declaration filed in U.S. District Court for the District of Columbia in O.M.G. vs Wolf.” NIWAP coordinated a national team of law professors and recruited the law firm of Winston Strum to help draft and develop this declaration that discusses the dangers for children in DHS family detention centers, the risks posed by the COVID-19 pandemic and provides an excellent overview with social science research data support of the impact of trauma for immigrant children in their neurobiological, cognitive, and psychological development and children’s health and well-being. Leslye E. Orloff assisted in drafting and editing the brief. (March 30, 2020)
[pdf] Chrismy Sagaille v. Christina Carrega, Supreme Court of New York (August 10 2020) (+)
Chrismy Sagaille v. Christina Carrega (2020) Supreme Court of New York, Appellate Division. NIWAP assisted the National Women’s Law Center providing expertise on immigrant survivors’ experiences with sexual assault and signed on to an amicus brief filed in the Supreme Court of New York, Appellate Division. This amicus was filed on behalf of a number of women’s groups protecting sexual assault survivors from retaliatory defamation suits by their named assailants. (August 10, 2020).
[pdf] Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona (June 11 2010) (+)
Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’s, violence against women’s and allied organizations joined the brief which demonstrated how SB 1070 interferes with federal protections for immigrant crime victims; cuts immigrant women and their children off from federally provided services necessary to protect life, health and safety, and harms children by depriving them of the care and nurturing of their mothers through detention leading to family separations. The Mexican Consulate translated this brief and is distributing it in Spanish. (Manatt, Phelps, and Phillips, Pro Bono)
[pdf] European Connections & Tours, Inc. v. Gonzales (April 24 2006) (+)
European Connections & Tours, Inc. v. Gonzales, (2006) Developed amicus brief and assisted the U.S. Attorney General in a motion to dismiss a 1st Amendment challenge to the collection of data on male clients for prospective brides and 5th Amendment Equal Protection challenge to regulation of for-profit or majority for-profit but not cultural or religious International Marriage Brokers. (Crowell and Moring, Pro Bono).
[pdf] In the Matter of RA (February 13 2004) (+)
In the Matter of RA (February 13 2004) Board of Immigration Appeals. Domestic violence as a basis for Gender Based Asylum. Filed Briefs and coordinated amici for amicus briefs filed before the Board of Immigration Appeals (1999) and the U.S. Court of Appeals for the 9th Circuit (1999). Provided editing and amici sign on assistance to Amicus brief filed with Attorney General Ashcroft (2004).
[pdf] BIA Amicus Invitation and Amicus 2016-0609 (September 1 2016) (+)
BIA Amicus Invitation 2016-0609 Amicus Curiae Brief of National Immigrant Women’s Advocacy Project and The Lutheran Immigration and Refugee Service submitted this amicus brief to the Board of Immigration Appeals discussing the brain development and neuroscience of how having experienced or witnessed trauma impacts the brain development of children and adolescents. The brief argues that in cases of child asylum applicants’ waivers of the one-year deadline based on extraordinary circumstances must be presumed for children under the age of 21. The brain science also supports waivers of the deadline for older youth in their 20s who can demonstrate based on the totality of the circumstances of their case and the impact of the trauma they suffered on their lives that they meet the extraordinarily circumstances test. (Crowell and Moring: September 1 2016)
[pdf] S.K.E.R v. Barr (April 8 2019) Court of Appeals 5th Circuit (+)
S.K.E.R. v. William P. Barr. NIWAP filed an amicus curiae brief on behalf of a Honduran woman who was a victim of domestic violence. The brief discusses the complexity of domestic violence and how the victim was unable to physically remove herself from her abuser due to fear of his retaliation. This amicus was filed in the 5th Circuit Federal Court of Appeals. Winston and Strawn LLP (April 8, 2019).
[pdf] Reina Victoria Rodriguez-Ramirez v. William P. Barr Motion and Amicus US Court of Appeals 5th Circuit (August 16 2019) (+)
Reina Victoria Rodriguez-Ramirez v. William P. Barr. NIWAP filed an amicus curiae brief in the 5th Circuit Court in Texas. The brief discusses how incest relationships qualify as a domestic relationship and how laws of domestic violence should apply. Baker and McKenzie LLP. (August 16, 2019)
[pdf] Maria Luisa Rodriguez Tornes v. William P. Barr US. Court of Appeals 9th Circuit (October 18 2019) (+)
Maria Luisa Rodriguez Tornes vs. William P. Barr (2019) US. Court of Appeals 9th Circuit. NIWAP led an amicus brief with DLA Piper for a case filed in the 9th Circuit discussing how domestic violence victims are able to receive gender-based asylum because they domestic violence they experience is based on their social group membership. NIWAP’s brief documented the cultural, religious and social conditions that domestic violence victims suffer that serves as a valid basis for domestic violence related gender based asylum. This brief provided the social science support for a Tahirih Justice Center case challenging the Attorney General Sessions Justice Department position on domestic violence related gender based asylum cases. (October 19, 2019)
[pdf] Katherine Kaufka Walts, Child Labor Trafficking in the United States: A Hidden Crime (2017) (+)
[pdf] Child Labor Trafficking PowerPoint Presentation (May 3, 2022) (+)
[pdf] U.S. Immigration and Customs Enforcement Fiscal Year 2020 Enforcement and Removal Operations Report (+)
This report, published by ICE, details the statistics of arrests and removals made by ICE during Fiscal Year 2020.
[pdf] ICE Annual Report: Fiscal Year 2020 (+)
[pdf] Executive Summary – Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status (June 8, 2021) (+)
Executive summary with recommendations for the Department of Homeland Security. This summary reports highlights from a national survey documenting the transformations that occur for immigrant survivors who become more resilient and stable after receiving formal protection from deportation through deferred action and are granted legal work authorization. The abstract and recommendations from the report can be accessed here: https://niwaplibrary.wcl.american.edu/pubs/transforming-lives-abstract-conclusions-recommendations and the full report is available at: https://niwaplibrary.wcl.american.edu/pubs/transforming-lives-full-report.
[pdf] Transforming Lives: How the VAWA Self-Petition and U Visa Change the Lives of Survivors and Their Children After Employment Authorization and Legal Immigration Status (June 8, 2021) (+)
Full research report from national survey in which 169 agencies working with over 11,000 immigrant survivors of domestic violence, child abuse, sexual assault, human trafficking and other criminal activities reported on how as survivors move through the immigration case process of filing for VAWA and U visa immigration relief, the lives of immigrant survivors and their children transform. This survey documents that after receipt of work authorization and formal protection from deportation through deferred action, the lives of immigrant victims and children improve exponentially. This research documents survivors’ resilience, and the stability and strength they are able to achieve when the fear of deportation subsides, victims can access better and more stable jobs, and have access to a wide range of victims services and public benefits. The executive summary of this report prepared for DHS is here: https://niwaplibrary.wcl.american.edu/pubs/exec-summary-transforming-lives and the abstract, conclusions and recommendations is available here https://niwaplibrary.wcl.american.edu/pubs/transforming-lives-abstract-conclusions-recommendations.
[pdf] Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Survivors and their Children After Employment-Authorization and Legal Immigration Status – Abstract, Conclusions and Recommendations (June 8, 2021) (+)
This document includes the abstract, conclusions and recommendations from the national survey research report Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status (April 12, 2021). The executive summary of the report can be accessed here: https://niwaplibrary.wcl.american.edu/pubs/exec-summary-transforming-lives and the full report us available here: https://niwaplibrary.wcl.american.edu/pubs/transforming-lives-full-report
[pdf] Understanding the Significance of a Minor’s Trauma History in Family Court Rulings (May 18, 2021) (+)
Article discussing the neurobiology of child brain development and how it impacts children who come before state family courts in domestic violence, sexual assault, child abuse, custody, delinquency, dependency and other cases. The article brings together research findings in the fields of child brain science and research on the traumas experienced by immigrant children in their home countries, during their immigration to the U.S. and trauma and abuse immigrant children experience after arriving in the United States.
[pdf] Working with Separated Families (+)
The article provides an overview of the historical context of family separation policies in the US, and a thorough description of how the zero tolerance policy was implemented in actuality. This article offers a review of the literature on the impact of family separation on children and parents in diverse contexts and describes direct clinical experiences with these children and parents receiving services at the Terra Firma program in the Bronx community in New York.
[pdf] National Survey of Service Providers on Police Response to Immigrant Crime Victims, U Visa Certification and Language Access (April 16, 2013) (+)
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] Promoting Access to Justice for Immigrant and LEP Crime Victims in an Age of Increased Immigration Enforcement – National Report (May 3, 2018) (+)
Immigrant Access to Justice National Report – This report presents the results of a national survey conducted during October and November 2017 among judges, police, prosecutors, advocates and attorneys documenting whether and the extent to which increased immigration enforcement has been impacting access to justice for immigrant survivors of domestic violence, sexual assault, child abuse, elder abuse and human trafficking.
[pdf] Survey Findings. Effects of Legal Services Cuts and Welfare Reform on Battered Women (+)
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.
[pdf] National Institute of Justice Civil Protection Order Study (1990) (+)
[pdf] Expert Testimony Concerning Battering (September, 2000) (+)
This appendix from a training manual written by the American Bar Association’s Commission on Violence Against Women 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] SART Toolkit – Immigrants Victims of Sexual Assault (+)
Linked above is section 6 of the 2018 edition of the NSVRC Sexual Assault Response Team (SART) Toolkit. To access the full Toolkit go to NSVRC website
[pdf] Promoting Access to Justice for Immigrant Crime Victims and Children: Findings of a National Judicial Survey and Policy Recommendations (2018) (+)
This article is from the 2018 edition of Trends in State Courts and discusses findings from NIWAP’s extensive national survey of judges, including recommendations for courts, judges, judicial training, and access to justice. The article reviews the results from the report “Promoting Access to Justice for Immigrant and LEP Crime Victims in an Age of Increased Immigration Enforcement – National Report.”
[pdf] Overcoming Fear and Building Trust With Immigrant Communities and Crime Victims (Police Chief Magazine April 2018) (+)
This article in Police Chief Magazine discusses the benefits of U and T visa certification programs for law enforcement, reports results from a 2017 survey of law enforcement officers regarding their experiences of working with immigrant crime victims in 2016 and 2017 and based on the findings makes recommendations regarding adopting U visa and T visa certification practices and policies, language access plans, training law enforcement officers on U and T visa certification and receiving technical assistance from law enforcement officials who are national experts.
[pdf] Evolution of United States Immigration Policy (1991) (+)
Chapter by William Tamayo discussing the evolution of U.S. immigration policies covering the history and purpose of U.S. immigration laws from 1860 through 1991. William R. Tamayo, The Evolution of United States Immigration Policy, in DOMESTIC VIOLENCE IN IMMIGRANT’ AND REFUGEE COMMUNITIES: ASSERTING THE RIGHTS OF BATTERED WOMEN IV-1 (1991).
[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] VAWA Self-Petitioning Survey Findings Excerpts (February 12, 2014) (+)
[pdf] Amicus Brief to Board of Immigration Appeals: Developmental and Psychological Effects of Trauma on Immigrant Minors (+)
Amicus Brief to the Board of Immigration Appeals (NO. 16-06-09) developed by Crowell and Moring LLP on behalf of National Women’s Advocacy Project (“NIWAP Inc.”), the Lutheran Immigration and Refugee Service (“LIRS”), Dr. Giselle Hass, Tahirih Justice Center (“TJC”), National Center on Domestic Violence, Trauma & Mental Health (“NCDVTMH”).
[pdf] Board of Immigration Appeals Decision on Regarding Children, Brain Development and Trauma (May 22, 2017) (+)
Board of Immigration Appeals decided that young-adults, under extraordinary circumstances, may file for asylum after the 1-one-year period passes. (June 6, 2017)
[pdf] BIA Amicus 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.
[pdf] State Restrictions on Immigrant Access to VOCA Compensation (October 1, 2015) (+)
This policy memo seeks additional regulations and policies from the U.S. Department of Justice that would prevent states from cutting off immigrant crime victims from Victims of Crime Act Funded Victims Compensation. The memo covers legal research and Office of Victims of Crime policies confirming that VOCA Compensation is not a federal public benefit and immigrant restrictions do not apply. It also discusses that approach the two states restricting immigrant access to victims’ compensation have taken and reports survey data on the impact that these restrictions have on crime victims in those states.
[pdf] Untold Stories VAWA 1994: Cases Documenting Abuse By U.S. Citizens and Lawful Residents of Immigrant Spouses (+)
The original story book and research report collected and presented to Congress support VAWA 1994 immigration protections creating VAWA self-petitioning and VAWA suspension of deportation.
[pdf] Co-occurrence of Domestic Violence and Child_9.19.04 (+)
Co-occurrence of Domestic Violence and Child_9.19.04
[pdf] Immigrant Women, Work, and Violence Statistics (2015) (+)
This document collects, reports, and summarizes research findings regarding immigrant women, work, and violence.
[pdf] Battered Immigrants and U.S. Citizen (USC) Spouses (April 24, 2006) (+)
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] Barriers and Successes in U Visas for Immigrant Victims: The Experiences of Legal Assistance for Victims Grantees (July 23, 2014) (+)
The paper focuses on problems, successes, and creative solutions reported by attorneys and advocates working with immigrant victims eligible to receive crime victim U visas under federal immigration laws. Victims applying for U visa immigration relief must, under current law, submit a U visa certification signed by the head of a law enforcement agency, prosecutor, judge, or other government official with their U visa application. This research provides information regarding effective strategies and best practices used by grantees that are successful in obtaining U visa certification. The systemic barriers that immigrant victims and their advocates encounter when working with U visa are also discussed, along with creative solutions grantees are using to overcome these barriers.
[pdf] Early Access to Work Authorization For VAWA Self-Petitioners and U-Visa Applicants (February 12, 2014) (+)
This NIWAP report, which was published in 2014, summarizes the purpose, history, and importance of work authorization for immigrant survivors of domestic violence. It also summarizes a 2013 NIWAP survey of service providers about the length of time their clients spent waiting for work authorization, what occurred during the waiting period, and their experiences after receiving work authorization.
The initial process of obtaining work authorization often takes too long and exposes immigrant survivors of violence to retaliation, coercion, and further harm including incidents of violence and abuse. This document includes recommendations on policy changes in processing VAWA self-petitions and U-Visa applications. It also includes an appendix with illustrative cases showing the impact of delays in processing times for VAWA self-petitioners and U-Visa applicants with a pending case.
[pdf] Use and Outcome of Civil Protection Orders by Battered Immigrant Women in the U.S. (+)
This presentation covers battered immigrant women’s knowledge about protection orders, their opinions about the effects of protection orders on the intimate partner violence, the reasons leading them to file for protection orders, and the remedies they sought to have in protection orders. The presentation, also, looks at the structural processes that contribute to immigrant women obtaining civil protection orders. Finally, the presentation explores battered immigrant
[pdf] Access to Emergency Shelters and Transitional Housing for Battered Immigrants and Immigrant Victims of Crime (June 3, 2014) (+)
The National Immigrant Women’s Advocacy Project (NIWAP) conducted a nationwide survey of advocates, attorneys, government agencies, victim services, and members of the justice system, who were asked to answer a series of questions about immigrant clients (who had been victims of domestic violence, sexual assault, child abuse, or human trafficking) who encountered, needed, or sought access to transitional housing services. This paper will provide an overview of survey participants and will focus on reporting, analyzing, and making policy recommendations regarding the data collected on transitional housing. The survey sought to discover what immigrant survivors of domestic violence, sexual assault, human trafficking, and child abuse are being asked to prove to be able to gain access to transitional housing and whether they are allowed to prove eligibility using the “any credible evidence” standard of proof akin to evidentiary standards used for VAWA immigration cases.
[pdf] NIWAP Survey Findings on Access to Public and Assisted Housing for VAWA Self-petitioners, their Children, and Trafficking Victims (June 2, 2014) (+)
VAWA self-petitioners who are battered immigrant spouses and children of U.S. citizens and lawful permanent residents, and victims of human trafficking with continued presence or T visas are “qualified aliens,” and thus they are legally eligible for public and assisted housing. Although, the U.S. Department of Housing and Urban Development (HUD) is providing access to public and assisted housing for human trafficking victims, there has been an 18 year delay in HUD issuing policies and guidance to agencies and programs nationwide who administer public and assisted housing funds directing them that VAWA self-petitioners and their children are eligible to receive public and assisted housing. HUD’s failure to issue policies implementing 8 U.S.C. Section 1641(c) results in VAWA self-petitioners being precluded from accessing, or remaining and being subject to proration, in public and assisted housing units. As a result many battered immigrant spouses of U.S. citizens and lawful permanent residents who are living in public housing with their abuser are forced to choose between staying in public or assisted housing with their abuser or risk homelessness for themselves and their children.
[pdf] CH 1 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] Detained or Deported: What About My Children? What to do if You Can’t Be With Them (+)
This guide describes the child welfare system in great detail. If you do not know what a word or term means, see the Glossary. You may need to read certain sections in this guide several times in order to understand and you may also need to ask someone else for help.
[pdf] Immigrant Crime Victims Legal Bibliography (+)
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] Immigrant Crime Victims Social Science Bibliography (+)
Bibliography of social science research relating to 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] Report to the Legal Services Corporation: Immigrant Victims of Domestic Violence, Sexual Assault, and Human Trafficking and Access to Legal Services (June 19, 2013) (+)
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.
Law Enforcement, Prosecutor and T and U Visa Certifier Training Materials
Most of the documents in this section and the trainings provided to law enforcement and prosecutors listed at the end of this section were supported by grants from the Office on Violence Against Women, The Bureau of Justice Assistance and/or the Training and Technical Assistance Center of the Office of Victims of Crime of the […]
[pdf] IPV Coercion Measure (+)
A template for measuring intimate partner violence coercion.
[pdf] U-Visa Victims and Lawful Permanent Residency (2012) (+)
This survey examined the extent to which U visa recipients were eligible for and pursued lawful permanent residency and found that U visa victims were providing cooperation with law enforcement at high rates and were also able to demonstrate the humanitarian need, public interest or family unity required to receive U visa based lawful permanent residency status.
[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] National Survey on Types of Criminal Activities: Experienced By U-Visa Recipients (November 29, 2011) (+)
Results from a national survey of 220 legal services, pro bono law firms, advocates, law school clinical programs and others providing help to immigrant victims who have been granted U-visa immigration relief by DHS. The goal of this survey was to obtain provide a picture of the types of criminal activities suffered by immigrant crime victims receiving U-visas.
[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] Access to Legal Services for Immigrant Victims of Domestic Violence Sexual Assault and Trafficking (+)
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.
[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] Barriers and Successes in U-Visas for Immigrant Victims (+)
Powerpoint presentation from July 12, 2010 training in Portsmouth, New Hampshire
[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] The Violence Against Women Act Now Ensures Legal Services for Immigrant Victims (+)
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.
[pdf] NCSC, Serving Limited English Proficient (LEP) Battered Women: A National Survey of the Courts’ Capacity to Provide Protection Orders (June 30, 2006) (+)
This study explores the capacity of Limited English Proficient (LEP) petitioners to receive
orders of protection. It was carried out by using a multi-method study design that included a
national survey of courts, an intensive survey of a select group of courts and community-based
organizations within their jurisdictions, and the assessment of selected sites that can serve as
national models.
[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] Battered Immigrant Women’s Willingness to Call for Help and Police Response (+)
This article examines the barriers that battered immigrant women face when contacting the police for assistance in stopping or escaping intimate partner violence.
[pdf] Violence Against Immigrant Women and Systemic Responses: An Exploratory Study (November 14, 2003) (+)
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] Barriers to the Safety of U-Visa Protection: Immigrant Crime Victims at Risk (+)
U Visa victim story collection illustrating the need for U visa protections. Developed and submitted to the Department of Homeland Security in efforts to secure issuance of U visa regulations.
[pdf] Immigrant South Asian Women at Greater Riskfor Injury forIntimate Partner Violence (+)
Study that assessed the relationship between immigration-related factors and intimate partner violence among a sample of South Asian women residing in the United States.
[pdf] Intimate Partner Violence, 1993-2001 (+)
Statistics and information regarding intimate partner violence from Bureau of Justice Statistics.
[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] Offering a Helping Hand: Legal Protections for Battered Immigrant Women: A History of Legislative Responses (March 1, 2002) (+)
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.
[pdf] The Roles of Culture, Context, and Legal Immigrant Status on Intimate Partner Violence (March, 2002) (+)
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] 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] Characteristics of Help-Seeking Behaviors, Resources, and Service Needs of Battered Immigrant Latinas: Legal and Policy Implications (Summer, 2000) (+)
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] The Violence Against Women Act of 1994: Evaluation of the STOP Block Grants to Combat Violence Against Women (+)
This report documents the federal and state activities and accomplishments in the initial year of implementing the resulting “STOP Violence Against Women” grants program. It was developed under a competitively awarded grant from the National Institute of Justice to provide a basis for reporting on the progress and impact of the program.
[pdf] LSC Testimony: Unmet Needs of Domestic Violence Victims for Legal Services (+)
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.
[pdf] St. Petersburg Times Article: For Lack of Legal Services (+)
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.
[pdf] New York Times Article: A Test of Congressional Conscience (+)
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.
[pdf] Washington Post Article: Abused Immigrant Slain After Plea for Legal Services Help Is Denied (+)
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.
[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.