Judicial Bench Card on distinguishing between human trafficking and prostitution developed by Judge Laurie A. Clark, Denver Juvenile Court and the Laboratory to Combat Human Trafficking.
[pdf] Affidavits of Support and Enforceability Bench Card (June 13, 2024) (+)
This bench card provides an overview of the two forms of Affidavits of Support that state family court judges may be asked to enforced as part of a divorce action involving an immigrant spouse who was sponsored for their “green card” by their U.S. citizen spouse. It discusses the history and enforceability of the Form I-864 Affidavit of Support and the evidence value of both the I-864 Affidavit of Support and the older Form I-134 Affidavit of Support. It also illustrates for judges and family law attorneys how to calculate the support due by the citizen spouse to the immigrant spouse under the I-864 Affidavit of Support. The Bench Card includes citations to and reports case law on Affidavits of Support.
[pdf] Join Our Team – Policy Fellows Announcement (July 5, 2024) (+)
NIWAP is seeking to hire two Immigrant Women Law and Public Policy Fellows – Jobs open now until filled. JD or LLM required.
[pdf] State Justice Institute (SJI) and National Judicial Network Training Materials (April 30, 2024) (+)
Most up to date training materials for state court judges on issues that arise in state court cases involving human trafficking victims, immigrant victims of crime and abuse, and immigrant children. This collection of materials was developed with support from the State Justice Institute (SJI) and National Judicial Network Training Materials and includes links to training materials in NIWAP web library.
[pdf] US Immigration and Customs Enforcement (ICE), Center for Countering Human Trafficking, Continued Presence Resource Guide (September 2023) (+)
The Center for Countering Human Trafficking issued a detailed guide discussing continued presence a temporary form of immigration relief designed to offer protection to victims of severe forms of human trafficking who may be potential witnesses in investigation and/or prosecution of human traffickers. This resource guide explains the application and adjudication process for continued presence.
[pdf] Soto-Alvarado Decision Granting Motion to Amend US District Court Rhode Islande (July 17, 2023) (+)
In a case brought in Federal District Court in Rhode Island an abused spouse whose VAWA self-petition had been approved challenged USCIS’s revocation of her approved petition. The self-petitioner was divorced from her abuser and remarried after filing the self-petition but before the self-petition had been approved. The court’s ruling allows the self-petitioner to fully litigate her challenge the USCIS’s revocation of her self-petition due to remarriage in Federal District Court. The court’s ruling is based on the VAWA self-petitioning statute and its legislative history.
[pdf] I-864-Affidavit-of-Support-2024 (+)
Instructions for I-864 Post -December 19, 1997 Affidavit of Support.
[pdf] I-134-Form-Instructions (+)
These instruction are for the Forn-134 Affidavit of Support. After December 19, 1997 this form can no longer be used by U.S. Citizens or lawful permanent residents sponsoring family members for lawful permanent residency and form I-864 must be used for this purpose. The I-134 continues to be available for limited purposes which include use by an immigrant who needs a sponsor in order to avoid being found inadmissible to the United States on public charge grounds. It is also important to note that the form I-134 was used by citizens and lawful permanent residents to sponsor spouses and children prior to December 19, 1997 after which the Form I-864 was required instead of the I-134. Thus, judges and family lawyers who encounter affidavits of support in divorce cases will see I-134 Affidavits of support in cases involving marriages prior to December 1997. Comparing this instruction form with the instructions for form I-864 will provide useful information for Affidavit of Support enforcement purposes and evidentiary purposes in spousal and child support cases.
[pdf] U and T Visa Training Materials (March 13, 2024) (+)
Training materials for victim advocates and attorneys on U and T visa cases and U and T visa certification. Includes links to know your rights information for survivors, Tools on U and T visa cases and toolkits for certifiers, information on VAWA confidentiality for U and T visa cases, DHS resources, webinars, and more.
[pdf] Centers for Medicare and Medicaid Services (CMS), Department of Health and Human Services (HHS), Clarifying the Eligibility of Deferred Action for Childhood Arrivals (DACA) Recipients and Certain Other Noncitizens for a Qualified Health Plan through an Exchange, Advance Payments of the Premium Tax Credit, Cost-Sharing Reductions, and a Basic Health Program (May 8, 2024) (+)
Affordable Care Act regulations specifying which immigrants are considered lawfully present and eligible to access the state and federal healthcare exchanges. Lawfully present immigrants are also eligible for some state funded benefits including health care for children, pregnant persons and/or abused immigrants in many states.
[pdf] Annotated Statutes Related to Public Benefits Eligibility for Immigrant Survivors of Domestic Violence, Child Abuse, and Human Trafficking (May 27, 2024) (+)
This document is an annotation with footnotes and explanatory text of the U.S. code sections that determine which immigration are qualified immigrants eligible to access federal and state public benefits. It assists readers in understanding which forms of immigration status or in some circumstances (particularly battered immigrants and human trafficking victims) pending immigration status an immigrant must have to be eligible for many federal and state public benefits. Which benefits a qualified immigrant can receive and when they are eligible to receive any given benefit will vary by benefits program, the immigrant’s immigration status, whether they have a pending application for certain forms of immigration relief, the state the victim resides in and when they first entered the United States. This document is intended to be used together with NIWAP’s public benefits maps and charts which provide detailed information by immigration case type and by state. Additionally, this document discusses the special exemptions from deeming rules that apply to cases involving certain battered immigrants.
[pdf] Annotated Violence Against Women Act (VAWA) Self-Petition Definition INA 101(a)(51) (May 27, 2024) (+)
This annotated statute guides readers through the various types of immigration relief available for immigrants who were subjected to battering or extreme cruelty by their spouses, former spouses, parents, children, and step-parents who were U.S. citizens, lawful permanent residents, or Cuban Adjustment Act (CAA) , Haitian Refugee Immigration Fairness Act (HRIFA), and Nicaraguan and Central American Relief Act (NACARA) applicants, or recipients. Note that NACARA applicants may be El Salvadoran, Guatemalan, or from a list of countries in Eastern Europe. This definition of VAWA self-petitioner is relevant for immigration relief, public benefits and VAWA confidentiality purposes.
[pdf] HHS Final Rule Clarifying the Eligibility of Deferred Action for Childhood Arrivals (DACA) Recipients and Certain Other Noncitizens for a Qualified Health Plan through an Exchange, Advance Payments of the Premium Tax Credit, Cost-Sharing Reductions, and a Basic Health Program (May 8, 2024) (+)
This document contains the regulatory history and the regulations delineating which noncitizens are eligible to purchase health insurance thorough the health care exchanges. The effective date of the regulations is November 1, 2024.
[pdf] Federal Register: New Classification for Victims of Criminal Activity for Eligibility for ‘‘U’’ Nonimmigrant Status (U Visa Regulations) (September 17, 2007) (+)
Federal Register for new classification for victims of criminal activity for the eligibility for ‘‘U’’ nonimmigrant status. This interim rule amends Department of Homeland Security regulations to establish the requirements and procedures for aliens seeking U nonimmigrant status. The U nonimmigrant classification is available to alien victims of certain criminal activity who assist government officials in investigating or prosecuting such criminal activity.
[pdf] DHS., President Biden to Announce Uniting for Ukraine, a New Streamlined Process to Welcome Ukrainians Fleeing Russia’s Invasion of Ukraine (April 21, 2022) (+)
Creates a process for Ukrainians to gain humanitarian parole into the U.S. and access to public benefits to the same extent as refugees.
[pdf] Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for ‘‘T’’ Nonimmigrant Status (T Visa Final Rule April 30, 2024) (+)
Final T Visa regulations issued by the USCIS on April 30, 2024 that go into effect on August 28, 2024. T Visa Rule highlights include: New Bona Fide Determination process leading to
Stays removal, benefits access, and work authorization. Victims should submit any additional needed evidence 8/28/24. Provides VAWA confidentiality protections and exempts from T visa applicants from Public Charge. Includes trauma informed definitions of: Coercion, commercial sex act, involuntary servitude, serious harm, trauma exception, and extreme hardship.
Detailed list of factors used to examine whether requests from government officials for cooperation or assistance in the detection, investigation or prosecution of human trafficking were reasonable. Exempts both labor and sex trafficked minors from any cooperation requirements. Includes a broad interpretation of when the victim’s physical presence in the U.S. is connected to human trafficking.
[pdf] Legal Protections for Immigrant Survivors of Domestic and Sexual Violence That Enhance Victim and Community Safety. North Platte, NE (April 26, 2024) (+)
Training on This training will provide an overview of the protections under immigration, public benefits, protection order and family laws that help immigrant survivors of domestic violence, sexual assault, stalking, dating violence, child abuse and human trafficking. Faculty will discuss how victim advocates, attorneys, law enforcement, healthcare providers, prosecutors and other professionals can collaboratively work together to improve safety for immigrant victims, their families and the community.
[pdf] Advocates-Attorneys Training Materials (March 11, 2024) (+)
Training materials list for advocates and attorneys working with immigrant survivors of domestic violence, sexual assault, dating violence, stalking, child abuse and human trafficking.
[pdf] Access to State-Funded Public Benefits in Nebraska for Survivors (Updated April 25 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in Indiana for Survivors (Updated April 16, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in Arizona for Survivors (updated April 16, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in Alaska for Survivors (Updated April 17, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in South Dakota for Survivors (Updated April 4, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in West Virginia for Survivors (Updated April 4, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in Vermont for Survivors (Updated April 4, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in Tennessee for Survivors (Updated April 4, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in Pennsylvania for Survivors (Updated April 4, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in New Mexico for Survivors (Updated April 4, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in Montana for Survivors (Updated April 4, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in Kansas for Survivors (Updated April 4, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in Mississippi for Survivors (Updated April 4, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in Idaho for Survivors (Updated April 4, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in Iowa for Survivors (Updated April 4, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in Florida for Survivors (Updated April 4, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in DC for Survivors (Updated April 4 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Access to State-Funded Public Benefits in Delaware for Survivors (Updated April 4, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Benefits for Immigrant Crime Victims: Technical Assistance on Eligibility for Maryland (December 19, 2023) (+)
This report provides a brief description of Maryland’s current eligibility criteria for a variety of public benefits, including food assistance, cash assistance (TANF), healthcare, and Supplemental Security Income, as well as access to Driver’s Licenses for persons who cannot provide proof of lawful status including specifically immigrant survivors of domestic violence, child abuse, sexual assault, stalking, and human sex and labor trafficking. The report focuses particularly on benefits for immigrant crime survivors who have filed or are preparing to file for immigration relief: VAWA Self-Petitioners, U visa applicants, T visa applicants, applicants for Special Immigrant Juvenile Status (SIJS), and applicants for Continued Presence. For each benefit type, the report discusses a model state law as well as options for a more incremental approach. It then provides a menu of options, drawn from other state law approaches, for Maryland to extend eligibility for public benefits to more immigrant victims of crime and abuse than it currently does. The report also provides an analysis of best practices where appropriate.
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Special Immigrant Juvenile Status – Case Law Chart (April 1, 2024) (+)
This Appendix “X” provides a case law chart for Special Immigrant Juvenile Status state court cases from across the country including reported and unreported cases through December 2020. This appendix is in locked excel format allowing users to sort by any of the chart columns. It includes an All States tab and additional tabs that report on case law by state for each of the states in which reported or unreported cases could be identified. As new cases are published please forward them to NIWAP by emailing info@NIWAP.org with the message title “NEW SIJS CASE” to help us identify new cases to add to the chart more swiftly.
This publication was developed under grant number SJI-20-E-005 from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.
[pdf] DOJ, Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and Adults (April 20, 2023) (+)
Joint letter issued by the e Civil Rights Division, Office of Justice Programs, and Office for Access to Justice, addresses in detail the assessment of fines and fees against both adults and juveniles. The letter includes an updated discussion of the relevant case law on the assessments of fines and fees, cautions against discriminatory enforcement of fines and fees, and details the obligations of federal funding recipients to comply with federal statutory prohibitions against discrimination in the imposition and collection of fines and fees. Pages 16-18 of the joint letter discuss the how recipients of federal financial assistance, including court systems, must also comply with statutory prohibitions against discrimination in the imposition of fines and fees and this includes courts must, for instance, provide appropriate language assistance services to LEP individuals in connection with assessment and collection of fines and fees. Such assistance includes, but is not limited to, ensuring that court users with LEP have competent interpreting and translation services during all related hearings, trials, and motions, provided at no cost.
[pdf] DOJ, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (June 18, 2002) (+)
Final Department of Justice Guidance to all recipients of federal assistance regarding statutory and regulatory obligations to provide meaningful access to the benefits, services, information, and other important portions of recipient agency programs and activities for individuals who are limited English proficient.
[pdf] DOJ Assistant Attorney General Letter to Chief Justices and State Court Administrators (2018) (+)
This letter provides state courts further clarity regarding the requirement that courts receiving federal financial assistance provide meaningful access to all court services for Limited English Proficient individuals including courtrooms and hearing in all types of cases and to court services including information counters, clerks offices, and all court ordered services (e.g., counseling, batterers treatment, guardians ad litem, child advocates). The letter emphasizes that:
“The Federal requirement to provide language assistance to LEP individuals applies notwithstanding conflicting state or local laws or court rules.”
“Dispensing justice fairly, efficiently, and accurately is a cornerstone of the judiciary.”
“Language services expenses should be treated as a basic and essential operating expense, not as an ancillary cost.”
[pdf] Access to State-Funded Public Benefits in Ohio for Survivors (Updated March 27, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Chapter 3.3 Preparing the VAWA Self-Petition and Applying for Residence (August 16, 2023) (+)
Guide to preparing and filing Violence Against Women Act (VAWA) Self-Petitions on behalf of battered immigrant spouse, children, step-children, former spouses, and parents of citizens and lawful permanent residents. Includes applications for lawful permanent residency for approved VAWA self-petitioners and their children.
[pdf] Access to State-Funded Public Benefits in Arkansas for Survivors (Updated December 14, 2023) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Hennepin County Attorney’s Office U Visas and T Visas Certification Policy (March 7, 2024) (+)
The Hennepin County Attorney’s Office in March of 2024 implemented a U and T visa certification policy that is both fully consistent with DHS policies, regulations, and publications on the U and T visa programs and adopts a victim centered trauma informed approach to the U and T visa certification process. It serves as a model prosecution office policy that is clear, transparent, and is designed to address and inform that public about how the agency wants to receive certification requests which is consistent with prosecutors’ discovery obligations. This policy furthers victim protection goals and the prosecutor’s office’s important work to hold offenders accountable for their crimes.
[pdf] HHS OTIP -Child Eligibility Benefits Handout (February 20, 2024) (+)
HHS Office on Trafficking in Persons Child Eligibility Handout updated and expanded February 20, 2024 provides an overview of the benefits and services available to help immigrant child trafficking victims who have received HHS child eligibility letters. It includes useful links and telephone numbers, steps children with OTIP letters have to take to obtain social security numbers required by some benefits granting agencies, how to apply for public benefits and how to present evidence of age and date of birth.
[pdf] Access to State-Funded Public Benefits in North Carolina for Survivors (Updated February 3, 2024) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] 12 Question Predatory Helpfulness Screener (October 24, 2023) (+)
This screener appears as an appendix to the article Inderjit K Basra, Tatum Kenney, Shandra Forrest-Bank, Lisa K. Zottarelli & Chitra Raghavan (24 Oct 2023): Predatory Helpfulness: An Empirical Framework to Identify Fraudulent Tactics Used by Pimps to Recruit and Commercially Sexually Exploit Young Girls and
Women, Journal of Human Trafficking, DOI: 10.1080/23322705.2023.2259263
To link to this article: https://doi.org/10.1080/23322705.2023.2259263
[pdf] Trauma-Informed Interviewing Survivors Materials (July 7, 2023) (+)
Training materials on trauma informed help for immigrant survivors.
[pdf] VRLC – NIWAP Serving Immigrant Survivors of Sexual Assault Training Materials (August 16, 2021) (+)
Training materials for national webinar delivered August 26, 2021 and for question and answer session August 30, 2021.
[pdf] Model DOJ Complaint Form- Sample (2023) (+)
U.S. DOJ, Federal Coordination and Compliance Section, Complaint Form (2023) – This Sample provides an illustration of how to complete a complaint form regarding law enforcement not using qualified interpreters at the crime scene when responding to a domestic violence incident.
[pdf] U.S. DOJ, Federal Coordination and Compliance Section, Complaint Form (2023) (+)
Complaint form to be used to file language access and other civil rights complaints with the U.S. Department of Justice, Civil Rights Division. Includes explanation of complainant’s rights.
[pdf] Join the State Justice Institute Sponsored National Judicial Network – Sign Up Flyer (November 14, 2023) (+)
National Judicial Network: Forum on Human Trafficking and Immigration in State Courts sign up registration flyer. With State Justice Institute’s Newsletter article describing the benefits for state court judges of NJN membership.
[pdf] AOPC, Human Trafficking in Pennsylvania (2021) (+)
Reports on human trafficking data from Pennsylvania courts between 1/1/2017 and 12/31/2021.
[pdf] AOPC, Human Trafficking: Judicial Bench Card (+)
Provides a description of Pennsylvania State laws on human sex and labor trafficking.
[pdf] AOPC, Understanding Human Trafficking Fiction vs. Fact (2023) (+)
Publication by the Administrative Office of the Pennsylvania Courts discussing facts and myths about human trafficking.
[pdf] Q & A: Immigrants (May 20, 2019) (+)
HHS, Administration for Children & Families, OFFICE OF FAMILY ASSISTANCE publication describing immigrant and citizen eligibility for TANF and which HHS funded programs are not subject to immigrant restrictions.
[pdf] How Immigration Law and Policies Impact State Courts — When Children and Litigants are Victims of Human Trafficking, Domestic Violence, Child Abuse, or Sexual Assault (NCJFCJ, In-Session -Fall 2023) (+)
This In-Session article discusses immigration policy updates that have occurred in 2021 – 2023 and the impact that what these policies mean for state courts adjudicating a range of family court cases involving immigrant children, immigrant crime victims, and child victims living in mixed immigration status families.
[pdf] VAWA Confidentiality Training Materials (November 17, 2023) (+)
This collection of training materials address all three aspects of VAWA confidentiality protections for immigrant victims. It includes training materials on the VAWA confidentiality’s
— bars on reliance on perpetrator provided information to harm victims including protections against deportation;
— prohibitions on immigration enforcement against immigrant crime victims at courthouses and other locations; and
— bars and limitations on discovery in civil, family and criminal court cases.
This document includes links to web pages with more information and a specific materials list that includes bench cards, cases, and tools to assist judges and lawyers with issues related to the impact of federal VAWA confidentiality laws on discovery in state court cases.
[pdf] FAQs for Victims’ Lawyers: The Central Role of Federal Immigration Laws and the Confidentiality Provisions of the Violence Against Women Act (VAWA) in Protecting the Safety and Privacy of Immigrant Survivors (January 2023) (+)
The immigration-related remedies for survivors of crime, and the corresponding federal immigration VAWA confidentiality laws, are designed to remove immigration status as a barrier to survivors accessing the help they need. They are also intended to encourage survivors to report to and cooperate with law enforcement and criminal prosecutions. The Victim Rights Law Center (VRLC)1 and the National Immigrant Women’s Advocacy Project (NIWAP)2 developed these FAQs (and a companion tip sheet) to help attorneys understand and navigate the VAWA confidentiality protections in federal immigration law when representing survivors of sexual assault, domestic violence, sex trafficking, dating violence, and stalking who are seeking protection from deportation and other immigration relief.
[pdf] The Violence Against Women Act (VAWA): Tips to Protect the Privacy of Immigrant Survivors (January 2023) (+)
The Victim Rights Law Center (VRLC)1 and the National Immigrant Women’s Advocacy Project (NIWAP)2 developed these tips (and a companion set of FAQs) to help attorneys understand and navigate the VAWA confidentiality protections in federal immigration law. The tips are intended to help you promote the safety, privacy, and healing of survivors of sexual assault, domestic violence, sex trafficking, dating violence, and stalking.
[pdf] Ginny Sprang & Jennifer Cole, Familial Sex Trafficking of Minors: Trafficking Conditions, Clinical Presentation and System Involvement (February 13, 2018) (+)
Key research documenting involvement of family members in sex trafficking of children.
[pdf] ABA Children’s Immigration Law Academy, Special Immigrant Juvenile Status (SIJS) Manual for Florida Practitioners (March 2023) (+)
Manual developed by ABA CILA for Florida Practitioners
[pdf] Nebraska Demographics (updated October 22, 2023) (+)
Demographics of Nebraska
Data from 2021 updated in 2023
[pdf] Montana Demographics (updated October 17, 2023) (+)
Demographics of Montana
Data from 2021 updated in 2023
[pdf] Missouri Demographics (updated October 16, 2023) (+)
Demographics of Missouri
Data from 2021 updated in 2023
[pdf] Mississippi Demographics (updated October 16, 2023) (+)
Demographics of Mississippi
Data from 2021 updated in 2023
[pdf] Minnesota Demographics (updated October 16, 2023) (+)
Demographics of Minnesota
Data from 2021 updated in 2023
[pdf] Michigan Demographics (updated October 15, 2023) (+)
Demographics of Michigan
Data from 2021 updated in 2023
[pdf] USCIS Policy Manual Citizenship for Adopted Children (October 4, 2023) (+)
This chapter of the USCIS policy manual provides guidance on steps that must be taken to ensure that foreign born children adopted in the U.S. are able to acquire citizenship through adoption.
[pdf] USCIS FY 2023-2026 Strategic Plan (January 27, 2023) (+)
The 2023-2026 USCIS strategic plan includes important statements about USCIS priorities which include developing immigration policies that promote pathways to legal immigration status for immigrant survivors of domestic and sexual violence and other serious crimes and that meet humanitarian needs of immigrants.
[pdf] USCIS Updates Policy Guidance on Self-Selecting a Gender Marker on Forms and Documents (March 31, 2023) (+)
U.S. Citizenship and Immigration Services is updating policy guidance in the USCIS Policy Manual to clarify that, effective immediately, USCIS will accept the self-identified gender marker for individuals requesting immigration benefits. The gender marker they select does not need to match the gender marker indicated on their supporting documentation.
[pdf] USCIS Citizenship for Adopted Children (April 21, 2023) (+)
Under U.S. laws, children may obtain U.S. citizenship other than through birth in the United States.1 In general, persons born outside of the United States, including adopted children, may obtain U.S. citizenship after birth, before the age of 18, through a U.S. citizen parent. Some children immigrating based on adoption automatically acquire U.S. citizenship upon their admission to the United States as lawful permanent residents. Others do not, and their adoptive parents need to take additional steps before an adopted child turns 18 years of age for the child to obtain U.S. citizenship through the adoptive parent(s). Adoptees who do not obtain citizenship through their adoptive parents before turning 18 may be eligible to apply for naturalization after the age of 18. USCIS issued new policies clarifying guidance on citizenship and naturalization policy for adopted foreign born children.
[pdf] USCIS Bona Fide Determination Process for Qualifying Family Members of U Nonimmigrant Victims of Qualifying Crimes (August 11, 2023) (+)
USCIS issues updates to the USCIS Policy Manual to facilitate adjudication and issuance of bona fide determinations for qualifying family members of U visa applicants living in the U.S. at the same time the as USCIS issues a bona fide determination to the U visa applicant.
[pdf] Massachusetts Demographics (updated October 11, 2023) (+)
Demographics of Massachusetts
Data from 2021 updated in 2023
[pdf] Maryland Demographics (updated October 11, 2023) (+)
Demographics of Maryland
Data from 2021 updated in 2023
[pdf] Trafficking: Resources for Advocates Addressing Domestic and Sexual Violence (March 2018) (+)
This publication by the Asian Pacific Institute on Gender-Based Violence provides information and guidelines about obtaining legal relief, social services and/or benefits for trafficking victims also experiencing domestic and/or sexual violence.
[pdf] Meeting the Legal Needs of Child Trafficking Victims: An Introduction for Children’s Attorneys and Advocates (April 2009) (+)
The ABA training manual written by Eva Klain, Amanda Kloer, Diane Eason, Irena Lieberman, Carol Smolenski, and Robin Thompson discusses identification and representation of child victims of human trafficking in civil, protection order, immigration, employment and other cases. It discusses community-based responses to child trafficking and provides resources for attorneys and advocates.
[pdf] The Human Trafficking Legal Center, Human Trafficking and Domestic Violence Fact Sheet (2018) (+)
This fact sheet developed by The Human Trafficking Legal Center provides cases that illustrate how victims of domestic violence may also be victims of sex and/or labor trafficking. Growing recognition of the connection between domestic violence and human trafficking will enable survivors to achieve justice and immigration relief.
[pdf] Human Trafficking and Domestic Violence (April 2015) (+)
Written by the Freedom Network this fact sheet is helpful to assist attorneys, victim advocates, and judges identify, recognize the similarities between, and take a victim-centered approach to serving victims who are trafficked by domestic violence perpetrators.
[pdf] Meeting the Legal Needs of Human Trafficking Victims: An Introduction for Domestic Violence Attorneys and Advocates (2009) (+)
The ABA manual written by Jean Bruggeman and Elizabeth Keyes helps attorneys and victim advocates working with domestic violence victims recognize human trafficking occurring in domestic violence relationships. It describes why it is important to identify trafficking occurring within families, the civil, immigration, employment and other remedies available for victims and provides practice pointers for effective representation. The publication includes other valuable resources for domestic violence victims’ attorneys working with victims who are also subjected to human trafficking.
[pdf] Human Trafficking and Domestic Violence: A Primer for Judges (2013) (+)
This article by Dorchen Leidholdt discussed the intersection of human trafficking with domestic violence relationships. It discusses how “understanding the domestic violence/trafficking connection is not only useful to
judges and court personnel in identifying victims and understanding the nature and effects of their ordeal. It can also be valuable in understanding the kind of assistance victims need and where help is available. Courts increasingly are taking steps to ensure that victims obtain assistance and are referring them to service.”
providers.
[pdf] DHS Interactive Infographic on Protections for Immigrant Victims (November 2021) (+)
Interactive infographic with links to USCIS websites and up to date forms covering crime victim related forms of immigration relief.
[pdf] USCIS Opens the Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center (March 30, 2023) (+)
U.S. Citizenship and Immigration Services (USCIS) is announcing the opening of the Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) Service Center, the sixth service center within its Service Center Operations (SCOPS) directorate, and the first to focus on humanitarian and other workload cases. The cases HART opened with adjudicating are: VAWA self-petitions (I-360), U visa bona fide determinations (I-918), Relative Petition for Asylees and Refugees (I-730) and Applications for waivers of reentry bars for immigrant spouses of U.S. citizens and lawful permanent residents.
[pdf] Technical Assistance for Judges and Courts: Immigrant Victims of Domestic Violence, Child and Elder Abuse/Neglect, Sexual Assault, Stalking, Dating Violence and Human Trafficking (August 17, 2023) (+)
NIWAP offers technical assistance, training, training materials and legal research publications for judges, law clerks, court staff, state court educators, and state court administrators on topics that assist courts in family, juvenile, civil and criminal court cases involving foreign born victims of domestic violence, sexual assault, stalking, dating violence, child and elder abuse, and human trafficking. We specialize on how immigration laws intersect with state family, protection order, custody, child support, public benefits, criminal, civil, and language access laws. This set of flyers describes the training and technical assistance available to judges and state courts, followed by a flyer on the range of topics of training and technical assistance offered by NIWAP. The last flyer in this set discusses the training and technical assistance NIWAP offers state and local law enforcement and prosecution officials and their agency’s victim witness staff.
[pdf] Stalking Behaviors Targeting Immigrant Victims (August 16, 2023) (+)
This resource was developed by SPARC working in collaboration with NIWAP to provide a check list of stalking behaviors that are often present in stalking cases involving immigrant stalking victims and survivors. Stalking of immigrant victims includes a wide range of threatening and disturbing behaviors that can be classified into four categories: Surveillance, Life invasion, Intimidation, and Interference through sabotage or attack (SLII). NIWAP’s time on this publication was supported by the State Justice Institute Grant No. SJI-22-T-037.
[pdf] Domestic Violence and Involuntary Servitude as Human Trafficking (August 17, 2023) (+)
This document summarized new DHS policies describing how human trafficking in the form of involuntary servitude occurs and the proof that can be offered to demonstrate that a domestic violence or child abuse victim has also been subjected to human labor trafficking by their domestic violence or child abuse perpetrators. Human trafficking can and does occur within families and this tool will help judges, family lawyers, prosecutors and victim advocates identify it, document it, and make findings about its existence in court orders. By identifying human labor trafficking occurring within families immigrant victims gain a faster path to legal immigration status and greater access to public benefits and services than if courts, attorneys and victim advocates fail to identifying labor trafficking occurring within families.
August 28-29 & August 30-31, 2023 Boston, MA-Strengthening Community and Organizational Responses: Serving Immigrant Victims of Domestic Violence, Sexual Assault and Stalking
All of the PowerPoint Presentations for the workshops and plenaries are housed here. Agenda of Workshops and Plenaries with links to the slides and training materials for each session: Opening Plenary I – Investigating and Prosecuting Stalking Cases Involving Immigrant Victims 1A. Police Officers as Witnesses in Domestic Violence Prosecutions and Family Court Litigation 1B. […]
[pdf] DHS Gender Based Violence Brochure (English) (October 2022) (+)
Brochure defining and describing gender-based violence developed by the Department of Homeland Security. This brochure is available in multiple languages here https://www.dhs.gov/blue-campaign/publication/gender-based-pamphlets-and-flyers
[pdf] OPS_DHS_GenderBasedViolence_V9c_En_508 (+)
OPS_DHS_GenderBasedViolence_V9c_En_508
[pdf] Herramienta para defensores y abogados para desarrollar la historia de un/a sobreviviente: Enfoque informado por el trauma. (Advocate’s and Attorney’s Tool for Developing a Survivor’s Story: Trauma Informed Approach – Spanish (4/24/23) (+)
La historia de un/a sobreviviente es uno de los elementos de prueba más importantes que se presentan con las solicitudes de visa VAWA, U y T, y por lo tanto estas solicitudes son diferentes a las demás solicitudes de inmigración. Esta es una oportunidad para que los funcionarios del Departamento de Seguridad Nacional (DHS, por sus siglas en inglés) oigan las palabras del/de la sobreviviente, en su propia voz. Al leer la historia del/de la sobreviviente, el lector — en última instancia, el funcionario de DHS — debe poder entender y sentir lo que sintió el/la sobreviviente después de haber sido sometido/a al abuso o victimización por la delincuencia.
[pdf] Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023) – Spanish (+)
Know your rights brochure on VAWA, T visa and U visa immigration relief. – Spanish
[pdf] Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023) – Karen (+)
Know your rights brochure on VAWA, T visa and U visa immigration relief. Karen
[pdf] Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023) (+)
Know your rights brochure on VAWA, T visa and U visa immigration relief.
[pdf] Minnesota v. Daniel Salvador Niola Agudo (June 26, 2023) (+)
Minnesota Court of Appeals in an unpublished ruling decided that district court did not abuse its discretion by excluding expert testimony regarding the U visa process and the victim’s immigration status from the criminal case. As the district court observed, Niola failed to establish any connection between the U visa process and the child’s allegations that would make immigration evidence more than minimally relevant to this case. The district court excluded evidence of the child’s and her mother’s immigration status as both irrelevant and unfairly prejudicial.
[pdf] NCJFCJ – How To Gather Tech Abuse Evidence (2023) (+)
Publication developed by the National Council of Juvenile and Family Court Judges, the National Network to End Domestic Violence and the Resource Center on Domestic Violence: Child Protection and Custody discussing how to gather technology abuse evidence to submit in a court case.
[pdf] SPARC: Stalking and Technology-Infographic (2023) (+)
SPARC (Stalking Prevention Awareness Resource Center) developed this infographic which presents data on how many offenders stalk both in-person and using technology in order to surveil, contact, intimidate, sabotage, isolate, and otherwise frighten their victims.
[pdf] FBI Bulletin, The U Visa An Effective Resource for Law Enforcement (March 15, 2011) (+)
Law enforcement personnel strive for strong connections with all citizens. In pursuit of this goal, striking an appropriate balance—one that punishes wrongdoers while protecting victims—can present a challenge. One way that officers not only can foster better relationships with immigrant communities but also increase offender accountability, promote public safety, and help ensure that crimes translate into convictions is to promote awareness of the U visa, which provides important immigration benefits to cooperating crime victims. In this article for the FBI Bulletin the authors discuss the fear of deportation has created a class of silent victims and undermined officers’ attempts at community-oriented policing among immigrant populations. They opine that the U visa helps improve relations with these communities, increase the reporting of criminal activity, enable provision of services to victims, and enhance the prosecution of violent perpetrators. Also, the authors feel that officers may have misconceptions about the U visa and not recognize its effectiveness as a tool. They hope that this article will help clarify the intent, purpose, and benefits of the U visa to the law enforcement community.
[pdf] Senate: Adequacy of the Department of Health and Human Services’ Efforts to Protect Unaccompanied Alien Children from Human Trafficking (January 28, 2016) (+)
Report of the Senate Permanent Subcommittee on Investigations, Homeland Security and Government Affairs Committee, United States Senate. ADEQUACY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES’ EFFORTS TO PROTECT UNACCOMPANIED ALIEN CHILDREN FROM HUMAN TRAFFICKING The Subcommittee conducted a hearing about deficiencies in the procedures used by the Department of Health and Human Services to safely place unaccompanied alien children with sponsors in the United States.
[pdf] Access to State-Funded Benefits in Virginia for Survivors (February 6, 2019, updated May 8, 2023) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.