All materials on this page were presented as part of our April 2018 Judicial Training Network: First Annual Multi-State Training. Documents are listed under the workshop with which they are associated.
Training Materials
Overview of Project and State Team Expectations
Impact of Immigration on Families – Intersection with Family Law
Issues that Arise in State Family Court Cases Involving Immigrant Victims and Children
- Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights
- Immigration Relief: Legal Assistance for Vulnerable Noncitizen Victims of Crime
- Immigration Issues-Representing Children Who Are Not United States Citizens, in “Child Welfare Law And Practice: Representing Children, Parents, And State Agencies in Abuse, Neglect, And Dependency Cases“
Custody
- Family Court Bench Card on Issues that Arise in Custody Cases Involving Immigrant Parents, Children, and Crime Victims
- Chapter 06.1: Countering Abuser’s Attempts to Raise Victim’s Immigration Status in Custody Cases
- Immigration Status: Work Authorization, Public Benefits and Ability to Sponsor Children
- Custody of Children in Mixed-Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings
Protection Orders
- Bench Card: Immigrants and Protection Orders
- Chapter 05.1: Battered Immigrants and Civil Protection Orders
- Chapter 14: Protection Orders for Immigrant Victims of Sexual Assault
- Chapter 05.2: Ensuring Access to Protection Orders for Immigrant Victims of Family Violence
- Chapter 05.3: Jurisdictionally Sound Civil Protection Orders
Impact of Immigration on Families – Intersection of Immigration and Criminal Law
Immigration Relief for Crime Victims
DHS Know Your Rights For Immigrant Victims
- DHS Interactive Infographic on Protections for Immigrant Victims
- Immigration Options for Victims of Crime -DHS Brochure
- Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the US and Facts about Immigrating on a Marriage-based Visa
- Special Immigrant Juvenile Status: Information for Juvenile Courts
- Brochure: Continued Presence & Temporary Immigration Status for Victims of Human Trafficking
- Pathways to Immigration Relief for Students
Bench Card on Immigration Options for Victims and Children
Comparison of Forms of Immigration Relief Available for Crime Victims and Children
VAWA Self-Petition and U Visa Overview
- U-Visa Flow Chart
- VAWA Self-Petitioning Flow Chart for Child Applicants
- Flowchart: VAWA Self-Petitioning Eligibility for Elder Abuse Survivors
- Flowchart: VAWA Self-Petitioning Eligibility for Adults
- Good Faith Marriage in VAWA Self-Petitioning Cases
- Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases
Race, Ethnics and Cultural Equity
Economic Relief and Public Benefits
Economic Relief, Child and Spousal Support and Affidavit of Support
- Bench card on Common Issues that Arise from Parties’ Immigration Status; Economic Remedies
- Immigration Status, Work Authorization, and Ability to Sponsor Children
- Providing Economic Relief for Immigrant Victims: Child Support and Spousal Support
- Immigration Concerns for Family Law Practitioners (Affidavit of Support)
- Kumar v. Kumar A145181 (Cal. App. Div. II, July 28, 2017)
- Affidavit of support is enforceable in state court and no duty to mitigate
Public Benefits for Immigrants Victims and Children
- Public Benefits Bench Card
- Public Benefits Map
- VAWA Public Benefits Eligibility Process: VAWA Self-petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation
- U Visa Victims Benefits Eligibility Process (Bench Card)
- Trafficking Victims Benefits Eligibility Process (Bench Card)
- Access to Publicly Funded Legal Services for Battered Immigrants
- Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status
- Post-VAWA 2013: Immigrant Crime Victims and Public Charge
Adult Learning
VAWA Confidentiality and the Courts Part I – Protections Against Immigration Enforcement
Limits on Immigration Enforcement for Immigrant Victims and Witnesses
- DHS: Prosecutorial Discretion: Certain Victim, Witnesses and Plaintiffs
- Interlineated VAWA Confidentiality statute
- VAWA Confidentiality Statutes, Legislative History and Implementing Policy (3.31.18)
- Family Court Bench Card on VAWA Confidentiality
- Three Prongs of VAWA Confidentiality
- Chapter 03: VAWA Confidentiality: History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections
- DHS Civil Rights Civil Liberties Complaint Instructions for Violation Investigations
Limitations on Courthouse Enforcement
- Bench Card: DHS Enforcement Priorities Information for State Court Judges
- February 2018 Newsletter: New ICE Policies on Courthouse Enforcement and VAWA Confidentiality
- Civil Immigration Enforcement Actions Inside Courthouses (January 10, 2018)
- John Kelly, Enforcement of the Immigration Laws to Serve the National Interests -Enforcement Priorities 2.20.17
- Immigration and Customs Enforcement: FAQ on Sensitive Locations and Courthouse Arrests (January 31, 2018)
- Immigration and Customs Enforcement, Enforcement Actions at or Focused on Sensitive Locations (October 24, 2011)
- U.S. Customs and Border Protection, Sensitive Locations FAQs (August 22, 2016)
VAWA Confidentiality and the Courts Part II – Criminal and Civil Court Discovery
- PowerPoint Presentation
- Utilizing VAWA Confidentiality Protections in Family Court Proceedings
- Court Rulings Confirm Federal VAWA Confidentiality Protections Bar Discovery of VAWA Confidentiality Protected Information in State Family Court Proceedings
- VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information
- Quick Reference Guide for Prosecutors: U Visa and VAWA Confidentiality Related Case Law
- VAWA Confidentiality Statues, Legislative History and Implementing Policy
Special Immigrant Juvenile Status and Role of State Court
Department of Homeland Security Publications
- USCIS: Special Immigrant Juvenile Status: Information for Juvenile Courts
- USCIS: Immigration Relief for Abused Children
- USCIS Policy Manual: Part 6 Part J: Special Immigrant Juvenile Status
Bench Book
Training Materials
- Immigration Issues-Representing Children Who Are Not United States Citizens, in “Child Welfare Law And Practice: Representing Children, Parents, And State Agencies in Abuse, Neglect, And Dependency Cases“
- Types of Proceedings in Which State Courts Can Make Special Immigrant Juvenile Status Findings
- Representing Undocumented Children Who Have Been Abused, Neglected, or Abandoned (Special Immigrant Juvenile Status)**
- Abused, Abandoned, or Neglected: Legal Options for Recent Immigrant Women and Girls (August 2016)
- Immigration Relief: Legal Assistance for Vulnerable Noncitizen Victims of Crime
- Special Immigrant Juvenile Status: Relief for Neglected, Abused, and Abandoned Undocumented Children
U and T Visa Certification and Immigrant Victims and Children in Civil Court Cases
- PowerPoint Presentation
- U Visa Certification Tool Kit for Federal, State, and Local Judges, Commissioners, and Magistrates
- DHS U and T Visa Law Enforcement Resource Guide
- U-Visa: “Helpfulness” Checklist
- DHS Policy Answers to Law Enforcement Reasons for Not Certifying
- USCIS U Visa Certification Factsheet Q&A
- San Francisco Superior Court Civil Division U Visa Certification Protocol
- Understanding the Judicial Role in U Visa Certification
- DHS: Form I-918, Supplement B, for U visa Certification
- DHS: Instructions for Form I-918, Supplement B, for U visa Certification