Description

Immigrant victims of crime are often reluctant to call the police for help or to participate in the criminal justice process. In cases involving domestic violence, sexual assault, and stalking the barriers are compounded, as victims often face immigration-related abuse and threats of deportation. The U and T visa programs were designed to increase offender accountability by helping prosecutors stabilize victims, thereby increasing their safety and participation. Participants will learn prosecution best practice in the context of immigrant victim and offender dynamics, including the benefits of early U and T visa certification, ethical and legal responsibilities related to discovery in the context of federal Violence Against Women Act (VAWA) confidentiality, pretrial motions, and trial strategies to combat common defenses in cases involving immigrant victims of crime.

Presentation

November 13th Presentation

Technical Assistance

If you would like to receive technical assistance, please call NIWAP at (202) 274-4457 or email us at info@niwap.org. 

Technical Assistance and Training Flyer – Law Enforcement and Prosecutors (September 27, 2021)

Law Enforcement and Prosecutor Roundtables:

NIWAP offers Virtual Roundtables peer-to-peer learning opportunities exclusively for officials and staff working for law enforcement and prosecution agencies. To learn more click here.

To sign up go to  https://www.surveymonkey.com/r/RT2022Registeration

Pathways Podcast Series

For law enforcement and prosecutors on best practices and special issues that arise in working with immigrant victims. Includes discussions with law enforcement and prosecutor experts on the U visa and the T visa.

Podcast Series

Training Materials for Law Enforcement and Prosecutors

Full Materials list: Training Materials for Law Enforcement and Prosecutors (August 4, 2025)

Forms of Immigration Relief and Screening Tools

DHS Interactive Infographic on Protections for Immigrant Victims

DHS Brochure: Immigration Options for Victims of Crime

Blue Card: Screening for Victims Who Qualify for Immigration Protective Relief (Squad Car Screening Tool)

Sample Questions for Identifying a Trafficked/Enslaved Person

Power and Control Tactics Used Against Immigrant Women (December 3, 2024) 

Danger Assessment for Immigrant Women (DA-I) (2013) 

Hardship in VAWA Cancellation of Removal and VAWA Suspension of Deportation Cases (November 26, 2012)

Factors That Demonstrate That It is Not In a Child’s Best Interests to Return to Their Home Country (June 12, 2021)

Prosecutor’s Tools

Victim Witness Resource – Victim Intimidation Brochure (English)

What’s Immigration Status Got to do with It? Prosecution Strategies for Cases Involving Undocumented Victims

Relevancy of a Victim’s Immigration Status in State Criminal Court Proceedings (August 24, 2022)

Certifying Early: When Should You Sign a U or T Visa Certification for a Victim?

Training Tools for Prosecutors on the U Visa, VAWA and Criminal Court Discovery (June 2023)

Model U Visa Certification for Prosecutor’s Offices

• Hennepin County Attorney’s Office U Visas and T Visas Certification Policy (Full Policy) (January 8, 2024)
• Hennepin County Attorney’s Office U Visas and T Visas Certification Policy (March 7, 2024)

U and T Visas

U visa Certification and T Visa Declaration Toolkit for Law Enforcement Agencies and Prosecutors (August 30, 2021)

U Visa Certification and T Visa Declaration Toolkit for Federal, State, and Local Judges, Commissioners, Magistrates and Other Judicial Officers (June 17, 2021)

U-Visa Checklist: “Helpfulness”

USCIS, U Visa Certification Resource Guide (February 28, 2022)

USCIS, T Visa Certification Resource Guide (October 20, 2021)

DHS: U and T Visa Law Enforcement Resource Guide

Child Protective Services Agency Toolkit: U Visa Certification, T Visa Declaration, Special Immigrant Juvenile Status and Violence Against Women Act Immigration Relief for Abused Immigrant Children (December 31, 2024)

U Visa Certification and T Visa Declaration Toolkit for Adult Protective Services (APS) (October 19, 2023)

Stories from the Field: The Crime Fighting Effectiveness of the U Visas (August 23, 2021)

Sample: Media Advisory for Law Enforcement Training-press release template law enforcement can use for outreach on the U visa

U and T Visa Certification State Law Requirements: Review, Comparison, and Trends August 2, 2025

VAWA Confidentiality and Discovery

October 14, 2022: “What Judges, Attorneys, and Prosecutors Need to Know About How VAWA Confidentiality Impacts Discovery in Cases Involving Immigrant Survivors

VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information

Quick Reference: VAWA Confidentiality Protections — Quoting Statutes, Regulations and DHS Policies (May 14, 2025)

Quick Reference Guide for Judges: VAWA Confidentiality, Discovery, and Admissibility Related Case Law (October 7, 2024)

Three Prongs of VAWA Confidentiality 

Family Court Bench Card on VAWA Confidentiality

How to Argue or Rule on VAWA Confidentiality Protections in Discovery Involving Immigrant Survivors (November 18, 2022)

Discovery and Use of Immigration Information in Court Checklist

NM Supreme Court Rules that Visa Application of Crime Victims are Protected from Disclosure 2025

NM Supreme Court Ruling in Ramirez v. Marsh (May 15, 2025)

Decision and Order on Sanctuary’s Motion to Quash Subpoena — State v. Jun Du (September 27, 2024)

Sanctuary for Families — Memorandum of Law in Support of Motion to Quash VAWA Confidentiality (August 16, 2024)

National Judicial Network Peer-to-Peer Sessions — Violence Against Women Act (VAWA) Confidentiality: Criminal and Family Case Discovery (October 1 & November 12, 2024)

Protection Orders

Immigrants and Protection Orders Bench Card (March 30, 2019)

Civil Protection Order Webinars For Judges, Court Staff, Attorneys and Victim Advocates – National Judicial Network (2023 & 2024)

Access to Civil Protection Orders for Victims of Human Trafficking: State-By-State CPO Tables (Dec 31, 2024)

2025 Department of Homeland Security Policies

Letter that Promote ICE Compliance with 2025 Policies and Statutes

Memo Enforcement Actions In or Near Protected Areas (January 20, 2025)

ICE Interim Guidance: Civil Immigration Enforcement Actions In or Near Courthouses ICE Policy Number 11072.3 (January 2025)

Victim Policy: Interim Guidance on Civil Immigration Enforcement Actions Involving Current or Potential Beneficiaries of Victim-Based Immigration Benefits (January 30, 2025)

DHS VAWA Confidentiality Implementation – Instruction 002-02-001, Implementation of Section 1367 Information Provisions (May 28, 2019)(cited in 2025 memos)

Issuance of Interim Policy Guidance Regarding Civil Immigration Enforcement Actions Involving Current or Potential Beneficiaries of Victim-Based Immigration Benefits (January 31, 2025)

VAWA Confidentiality’s Prohibited Source Bars, Immigration Case File Confidentiality Requirements, and Penalties for Violation 8 U.S.C. §1367

VAWA Confidentiality – Immigration Protected Locations for Victims 8 U.S.C. §1229(e): Certification of Compliance in Removal (describing protected locations for immigrant victims with regard to immigration enforcement)

• 42 U.S.C. §12291 (a)(5) defines the community-based organizations that have location protections

Trauma Informed Work with Immigrant Survivors

Structured Interview Questionnaires for Immigrant Cases (SIQI) (July 23, 2024)

Best Practices and Collaborations

Enhancing Police Services in Immigrant Communities: The Successful Use of T and U Visas in San Francisco and Minneapolis (August 21, 2024)

Overcoming Fear and Building Trust with Immigrant Communities and Crime Victims (Police Chief Magazine April 2018)

Community Policing Breaking Down Barriers — Michael LaRiviere (Sheriff & Deputy Magazine)

Directory of Programs With Experience Serving Immigrant Victims 

Interpretation and Translation Best Practices

Multilingual Materials by Title

Questions to Use for Crime Scene Identification of LEP

Why Using an Interpreter is Beneficial to Law Enforcement

Dos and Don’ts to Help Identify LEP Persons

NAJIT Code of Ethics and Professional Responsibilities

Police Executive Research Forum — Community Policing in Immigrant Neighborhoods: Stories of Success

Interpretation Technical Assistance & Resource Center (ITARC)

DHS: I Speak … Indigenous Language Identification Poster (December 9, 2016)

Guatemalan Indigenous Languages (June 6, 2019)

Mexican Indigenous Languages (June 5, 2019)

Arizona Language Identification Card– Includes Native American Languages Apache, Hopi, Navajo, Pima, Yaqui, and Yavapai

New Mexico Public Benefits and Demographics

Interactive Public Benefits Map

New Mexico Demographics (updated October 25, 2024) 

New Mexico Directory of Services

New Mexico Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief

Timeline: Public Benefits For Immigrant Survivors in New Mexico

VAWA Public Benefits Timeline in New Mexico

SIJS Public Benefits Timeline in New Mexico

T Visa Public Benefits Timeline in New Mexico

U Visa Public Benefits Timeline in New Mexico

Detained Parents Directive and Factsheet

ICE Directive 11064.4 Regarding Detained Parents and Legal Guardians of Minor Children (July 2, 2025)

ICE Detained Parent Fact Sheet for Child Welfare and Guardianship Stakeholder (July 2025)

Facilitating Visits Between Parents in ICE Custody and Minor Children (July 2025)

Healthcare

Health Care Options for Immigrant Survivors Factsheet (August 5, 2024)

Webinar Series for the International Association of Forensic Nurses on Work With Immigrant Sexual Assault Survivors