NIWAP Web Library

This CLE approved training will provide prosecutors with a practical introduction to the immigration consequences of criminal conduct for noncitizen defendants. The training highlights key definitions and foundational concepts in immigration law to orient prosecutors. It then provides a structured overview of the principal statutory frameworks governing immigration consequences, including grounds of removal, inadmissibility, and expedited removal procedures.

The training also addresses how criminal history affects findings of “good moral character,” an essential requirement for many forms of immigration relief, including victim-based forms of immigration relief designed to protect victims. Emphasizing real-world application, the session equips prosecutors with the tools to accurately identify immigration risks, understand the implications for domestic and sexual violence victims whom prosecutors initially encounter as defendants, and navigate the intersection of criminal and immigration law with greater confidence.

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.

Presentations

Session 1: Building Trust with Noncitizen Witnesses and U Visa Applicants (January 23, 2026)

Session 2: Supporting Victims: U & T Visa Practices that Strengthen Investigations and Secure Convictions (January 23, 2026)

Session 3: Prosecuting U Visa Cases with Confidence-Developing Your Case Strategy (January 23, 2026)

Slides: A Prosecutors Guide: Immigration Consequences for Defendants

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

Immigration Consequences of Criminal Convictions: What Prosecutors Need to Know (1 hour 6 minutes)
In this episode, Rocio Molina, Deputy Director of NIWAP at American University Washington College of Law, immigration attorney Cora Tekach, and Elliott Casey from the Virginia Commonwealth’s Attorney Services Council discuss the impact of immigration status and convictions on potential deportations, what constitutes a conviction under immigration law, what is a crime of moral turpitude, and what is good moral character in the context of immigration law. This discussion provides prosecutors with the information they need about immigration law to support prosecutorial decision-making regarding pleas, convictions, and sentencing that hold domestic and sexual violence perpetrators accountable and protect victim safety.

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)

Special Immigrant Juveniles (SIJS): Inadmissibility Factors That Do and Do Not Apply to SIJS Cases (December 26, 2022)

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)

Voire Dire on Immigration Issues

Model U Visa Certification for Prosecutor’s Offices

U and T Visas

U Visa Law Enforcement Resource Guide (February 28, 2022)

“Based on a review of the complete petition, USCIS examines the totality of the evidence and circumstances of each individual case.” (Official Page 13/ Electronic Page 17)

Federal Register: New Classification for Victims of Criminal Activity for Eligibility for ‘‘U’’ Nonimmigrant Status (U Visa Regulations) (September 17, 2007)

Regulation 8 CFR 214.14 (b)(1)

“USCIS will consider the abuse in its totality to determine whether the abuse is substantial. A series of acts taken together may be considered to constitute substantial physical or mental abuse even where no single act alone rises to that level.” (Official Page 53018/Electronic Page 6)

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

Federal Register: New Classification for Victims of Criminal Activity for Eligibility for ‘‘U’’ Nonimmigrant Status (U Visa Regulations) (September 17, 2007)