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 Utah for Survivors (updated November 5, 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] State Justice Institute (SJI) and National Judicial Network Training Materials (April 29, 2025) (+)
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] Access to State-Funded Public Benefits in Texas for Survivors (April 19, 2019, Updated January 19, 2025) (+)
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] Texas Public Benefits Screening Chart for Refugees and Immigrant Survivors by Forms of Immigration Relief (updated January 19, 2025) (+)
Texas – This public benefits screening chart helps immigrants, refugees, judges, victim advocates and attorneys quickly understand which state and federal public benefits an immigrant or refugee qualifies for in each state. Eligibility varies by state, by immigration or refugee status, and by benefits program. This tool is designed by be used together with NIWAP’s public benefits maps and state public benefits detailed charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
[pdf] Access to State-Funded Public Benefits in Tennessee for Survivors (Updated January 19, 2025) (+)
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 Oregon for Survivors (last updated November 5, 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 November 11, 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 November 5, 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 Kentucky for Survivors (May 15,2019 updated January 6, 2025) (+)
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 November 5, 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 Hawaii for Survivors (May 15, 2019, updated January 18, 2025) (+)
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 November 5, 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 January 6, 2025) (+)
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 Connecticut for Survivors (May 14, 2019, updated January 15, 2025) (+)
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] Centers for Disease Control and Prevention, The National Intimate Partner and Sexual Violence Survey (2016/2027) (+)
The CDC’s intimate partner and sexual violence survey. About 41% of women and 26% of men experienced contact sexual violence, physical violence, or stalking by an intimate partner during their lifetime and reported a related impact. Cite as: Leemis RW, Friar N, Khatiwada S, Chen MS, Kresnow M, Smith SG, Caslin S, & Basile KC. (2022). The National Intimate Partner and Sexual Violence Survey: 2016/2017 Report on Intimate Partner Violence. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention.
[pdf] Access to State-Funded Public Benefits in Colorado for Survivors (May 14, 2019, updated September 3, 2022) (+)
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 November 5, 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 November 5, 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 State-Funded Public Benefits in Michigan for Survivors (May 15, 2019, Updated January 8, 2025) (+)
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 Arkansas for Survivors (Updated January 5, 2025) (+)
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 Ohio for Survivors (Updated January 3, 2025) (+)
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] Commonwealth of the Norther Mariana Islands (CNMI) Extends CNMI Funded Access to Medicaid and CHIP to Qualified Immigrants (June 21, 2012) (+)
HHS CMS letter approving the Commonwealth of the Northern Mariana Island’s extension of CNMI funded Medicaid and CHIP health care to qualified immigrant children under the age of 19 and those who are pregnant.
[pdf] Access to State-Funded Public Benefits in Georgia for Survivors (May 15, 2019, updated January 6, 2025) (+)
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 Illinois for Survivors (April 26, 2019, updated Jaunary 6, 2025) (+)
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] Sample Letters From Courts for ICE Officers At Courthouses (April 2025) (+)
Sample Letters From Courts for ICE Officers At Courthouses (March 2025)
[pdf] Access to State-Funded Public Benefits in South Carolina for Survivors (April 12, 2019, updated January 15, 2025) (+)
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 Louisiana for Survivors (May 12, 2021, Updated January 8, 2025) (+)
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 January 3, 2025) (+)
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 January 2, 2025) (+)
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 Oklahoma for Survivors (May 16, 2019, updated January 2, 2025) (+)
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 North Carolina for Survivors (Updated November 11, 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 November 5, 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 January 3, 2025) (+)
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 Nevada for Survivors (May 15, 2019, updated January 18, 2025) (+)
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 Washington for Survivors (May 22, 2019, updated September 4, 2022) (+)
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 Benefits in Virginia for Survivors (Updated January 18, 2025) (+)
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] Virginia Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (January 18, 2025) (+)
Virginia – This public benefits screening chart helps immigrants, refugees, judges, victim advocates and attorneys quickly understand which state and federal public benefits an immigrant or refugee qualifies for in each state. Eligibility varies by state, by immigration or refugee status, and by benefits program. This tool is designed by be used together with NIWAP’s public benefits maps and state public benefits detailed charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
[pdf] Access to State-Funded Public Benefits in Iowa for Survivors (Updated November 5, 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 Wisconsin for Survivors (Updated November 5, 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] Wisconsin Public Benefits Screening Chart for Immigrant Survivors by Forms of Immigration Relief (updated January 19, 2025) (+)
Wisconsin – This public benefits screening chart helps immigrants, refugees, judges, victim advocates and attorneys quickly understand which state and federal public benefits an immigrant or refugee qualifies for in each state. Eligibility varies by state, by immigration or refugee status, and by benefits program. This tool is designed by be used together with NIWAP’s public benefits maps and state public benefits detailed charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
[pdf] Access to State-Funded Public Benefits in Indiana for Survivors (Updated January 6, 2025) (+)
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] VAWA Confidentiality Training Materials (April 8, 2025) (+)
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] New Jersey Public Benefits Screening Chart (January 18, 2025) (+)
New jersey – This public benefits screening chart helps immigrants, refugees, judges, victim advocates and attorneys quickly understand which state and federal public benefits an immigrant or refugee qualifies for in each state. Eligibility varies by state, by immigration or refugee status, and by benefits program. This tool is designed by be used together with NIWAP’s public benefits maps and state public benefits detailed charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
[pdf] Access to State-Funded Public Benefits in New Jersey for Survivors (May 16, 2019, Updated January 18, 2025) (+)
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 California for Survivors (updated January 5, 2025) (+)
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] California Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (updated January 15, 2024)) (+)
California – This public benefits screening chart helps immigrants, refugees, judges, victim advocates and attorneys quickly understand which state and federal public benefits an immigrant or refugee qualifies for in each state. Eligibility varies by state, by immigration or refugee status, and by benefits program. This tool is designed by be used together with NIWAP’s public benefits maps and state public benefits detailed charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
[pdf] ICE 2025 Victim Policy 11005.4, VAWA Confidentiality Statutes and DHS Implementing Policy (March 2025) (+)
The document contains the January 30, 2025 ICE Victim Policy which states that immigration enforcement officials are required to follow VAWA confidentiality statutes 8 U.S.C. 1367 and 8 U.S.C. 1229(e) and the Department of Homeland Security Instruction implementing these statutes. Instruction 002-02-001 Rev00.1 (May 28, 2019). The full text of each of these ICE policies and the federal statutes are contained in this document.
[pdf] Resources on Civil Immigration Enforcement At Courthouses (March 31, 2025) (+)
Materials useful for court regarding civil immigration enforcement at courthouses to best understand and request that ICE officials’ actions comport with current ICE polices and current state laws and state court rules.
[pdf] Superior Court of Santa Barbara, Responding to Immigration Enforcement Agency Requests for Information and/or Immigration Enforcement Activity in Court Facilities Policy (February 3, 2025) (+)
Santa Barbara Superior Court Immigrant Enforcement at Courthouses Policy.
[pdf] San Francisco Superior Court, Responding to Immigration Enforcement Agency Request for Information and/or Immigration Enforcement Activity in Court Facilities Policy (February 4, 2025) (+)
Superior Court of California, County of San Francisco Immigration Enforcement at Courthouses Policy
[pdf] ICE Courthouse Enforcement Guidance 11072.3 Jan.2025, VAWA Confidentiality Statutes, and DHS Implementation Policies (+)
This handout should be printed out by courts and victim advocates and attorneys to take with them to court. This handout should be printed in hard copy and provided to any immigration enforcement official encountered at a courthouse.
The handout which contains the January 2025 ICE Courthouse Enforcement Policy and the January 20, 2025 ICE Victim Policy which states that immigration enforcement officials are required to follow VAWA confidentiality statutes 8 U.S.C. 1367 and 8 U.S.C. 1229(e) and the Department of Homeland Security Instruction implementing these statutes. Instruction 002-02-001 Rev00.1 (May 28, 2019). This handout contains these two 2025 ICE Policies, the VAWA Confidentiality Statutes, and the 2019 Instruction which are all in full force and effect.
[pdf] Access to State-Funded Public Benefits in New Hampshire for Survivors (Updated January 19, 2025) (+)
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 North Dakota for Survivors (February 14, 2019, updated January 3, 2025) (+)
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 Missouri for Survivors (May 15, 2019, updated January 8, 2025)) (+)
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 State-Funded Public Benefits in Massachusetts for Survivors (May 15, 2019, updated January 18, 2025) (+)
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 January 5, 2025) (+)
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 Maryland for Survivors (May 15, 2019, updated January 19, 2025) (+)
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] Types of Civil Protection Orders Available By State Chart (December 31, 2024) (+)
This charint compares the type of civil protection orders available each state that offer state court orders for victims in a state court proceedings victims can control and direct. The chart reviews which protection orders are available in each state to offer protection to victims of domestic violence, sexual assault, stalking, labor trafficking, sex trafficking, dating violence, elder abuse, child abuse, harassment, workplace violence and also extreme risk/gun violence protection orders.
[pdf] State Laws on Civil Protection Orders for Victims of Human Trafficking (December 31, 2024) (+)
This publication provides an overview of the types of civil protection orders available for victims of domestic violence, sexual assault, stalking, dating violence, human trafficking and other forms of victimization available in each state and U.S. jurisdiction. This publication focuses particularly on how civil protection orders can offer protection for adult and child victims of human trafficking (sex and labor).
[pdf] Access to Civil Protection Orders for Victims of Human Trafficking: State-By-State CPO Tables (December 31, 2024) (+)
This document collects and tracks the text of state protection order statutes in all 56 state and U.S. jurisdictions reporting each type of civil protection order available in each state, what forms of abuse and/or crime each protects against, and who is eligible to receive each type of civil protection order. The chart then analyses for each state the extent to which and under what circumstances an adult or child victim of human trafficking (labor or sex) would be eligible to obtain a civil protection orders against their traffickers. The goal of this project is to help state court judges, attorneys, victim advocates, and other professionals working with victims of human trafficking be better able to help victims access this civil protection orders which are an important victim controlled and victim centered form of civil and family court protection.
[pdf] Working With Interpreters and Translators Training Materials (December 20, 2024) (+)
Training materials for law enforcement, victim advocates, judges, and attorneys on best practice for working with qualified interpreters and translators and serving limited English Proficient victims of domestic violence, sexual assault, stalking, dating violence, child abuse, and human trafficking.
[pdf] VAWA Confidentiality and Discovery Materials January 7, 2025 (+)
Training materials and case law on VAWA confidentiality’s impact on state court discovery in criminal, family and civil court cases for judges, family law attorneys, prosecutors and victim’s attorneys.
[pdf] USCIS Policy Manual Chapter 7 – Privacy and Confidentiality (January 19, 2025) (+)
USCIS Policy Manual discussing confidentiality and privacy which includes a discussion of VAWA confidentiality protections.
[pdf] People v. Flores (NY App. 2023) (+)
Criminal convictions overturned in a case in which the prosecutor’s office failed to turn over information to the defendant about a case in which the prosecutor’s office had been asked to certify a U visa and declined to sign the certification until after they had obtained a conviction.
[pdf] State v. Espinosa (Ariz. App. 2024) (+)
Arizona Court of Appeals decision holding that the trial court conducted the proper balancing of evidence assessing both the probative value and the danger of unfair prejudice, confusing the issues, and misleading the jury and properly denied cross examination of a victim witness in a criminal case about her U visa application.
[pdf] People v. Villa_3.1.21 (+)
Excluding evidence about a victim’s immigration case upheld as not violating the defendant’s 6th Amendment rights.
[pdf] Enhancing Police Services in Immigrant Communities: The Successful Use of T and U Visas in San Francisco and Minneapolis (August 21, 2024) (+)
Police Chief Magazine On Line Giovanni Veliz, Antonio Flores, Rafaela Rodrigues, and Leslye E, Orloff, “Enhancing Police Services in Immigrant Communities: The Successful Use of T and U Visas in San Francisco and Minneapolis” Police Chief Online August 21, 2024.
*U.S. Citizenship and Immigration Services U Visa Regulations, Policies and Publications
Page in development
[pdf] DHS Directive 002-03: Preventing and Addressing Gender-Based Violence Through a Victim Centered Approach (November 1, 2023) (+)
This Directive establishes the Department of Homeland Security (DHS) policy on efforts to prevent and address gender-based violence (GBV). DHS’s GBV policy formalizes victim1-centered, trauma-informed, and culturally sensitive approaches to GBV and highlights the importance of these approaches for the people that DHS serves.
[pdf] Customer Service and Interpretation of 8 U.S.C. 1367 (VAWA) Confidentiality Protections for U.S. Citizens (June 12, 2024) (+)
USCIS policy update stating that VAWA confidentiality protections end for VAWA confidentiality protected persons (VAWA self-petitioners, U visa, T visa, battered spouse waiver, and abused spouses of work visa holders) at the point in time when the victim is naturalized. The policy has some exceptions that may be applicable to some victims.
[pdf] Maryland Judicial Ethics Committee, Opinion 2024-24 – Judges Signing of Federal U Visa Certifications – Supplemental Opinion (October 17, 2024) (+)
This Maryland Judicial Ethics committee opinion advises about the judicial ethics of U visa certification by state court judges in Maryland. On many points the opinion is useful and provides conclusions consistent with the American Bar Association’s Model Code of Judicial Ethics, the U visa statute, and the Department of Homeland Security’s regulations, policies and publications. However, the opinion also contains assumptions and legally incorrect information about the U visa program and Violence Against Women Act confidentiality requirements that unnecessarily endanger victims and undermine federal VAWA Confidentiality law protections and the Department of Homeland Security’s victim centered and trauma informed approach to U visa victims.
[pdf] Minnesota Board of Judicial Standards Opinion 2015-2: U Visa Certification by Judges (June 26, 2015) (+)
This opinion by the Minnesota Board of Judicial Standards discusses how judges can sign U visa certifications consistent with the codes of judicial ethics. This opinion contains helpful legally correct conclusions, but also contains information and is based on assumptions that are not legally correct under U.S. immigration law. There are two Judicial Training and Education Updates that were published by the Minnesota Supreme Court that clarify and provide additional information obtained from USCIS that clarify some of the inaccuracies in this opinion. one national https://niwaplibrary.wcl.american.edu/pubs/national-uvisa-judicial-training-update/ and one for Minnesota https://niwaplibrary.wcl.american.edu/pubs/minnesota-uvisa-judicial-training-update/ that discusses the this opinion and its implications on U visa certification by judges. The November 30, 2015 U and T Visa Law Enforcement Resource Guidef or Federal, State, Local, Tribal and Territorial Law Enforcement, Prosecutors, Judges, and Other Government Agencies written by the Department of Homeland Security provides further information for judges on U visa certification. https://niwaplibrary.wcl.american.edu/pubs/dhs-updated-u-certification-resource-guide-2015/
[pdf] Maryland Judicial Ethics Committee Opinion 2023-20 Judges’ Signing of Federal U visa Certifications (August 21, 2023) (+)
This Maryland Judicial Ethics committee opinion advises about the judicial ethics of U visa certification by state court judges in Maryland. On many points the opinion is useful and provides conclusions consistent with the American Bar Association’s Model Code of Judicial Ethics, The U visa statute, and the Department of Homeland Security’s regulations, policies and publications. However, the opinion also contains assumptions and legally incorrect information about the U visa program that are not consistent with federal immigration law U visa statutes, regulations, policies and DHS publication on the U visa and U visa certification.
[pdf] Judicial Standards Commission State of North Carolina, Formal Advisory Opinion 2014-03 (August 8, 2024) (+)
Judicial Standards Commission State of North Carolina, Formal Advisory Opinion 2014-03 (August 8, 2024) issued an opinion advising against U visa certification by judges. This opinion is based on North Carolina Ethics rules that were at the time of the opinion outdated and not consistent with the American Bar Association’s Model Code of Judicial Conduct. This Advisory Opinion also contains legally incorrect assumptions and information about immigration law that is no consistent with the U visa statute or Department of Homeland Security regulations, policies, and publications.
[pdf] U and T Visa Training Materials (July 12, 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] Understanding the Judicial Role in U Visa Certification (Winter 2018) (+)
Article published in the American Journal of Family Law discussing U visa certification by judges, its statutory, legislative and regulatory history and purpose. The article reviews U visa certification case law and judicial ethics opinions and discussed the extent to which court cases and ethics opinions are consistent with and follow or fail to consider U visa statutes, regulations, legislative history, and USCIS policies and publications on the U visa.
[pdf] USCIS SAVE, Commonly Used Immigration Documents (November 7, 2024) (+)
This document from the USCIS SAVE system catalogs common forms of immigration documentation and highlights the information on those documents that public benefits providers will need to verify an immigrant’s (including immigrant victim’s and children’s) immigration documents for public benefits eligibility. Immigrant victims of domestic violence, sexual assault, child abuse, stalking, and human trafficking begin to gain eligibility to some public benefits after their immigration case is filed as their case moves through the immigration adjudication process. Benefits access begins for: VAWA self-petitioners upon receipt of a prima facie determination and for housing at filing, for human trafficking victims upon receipt of an HHS Office on Trafficking in Persons (OTIP) child eligibility letter or upon receipt of a bona fide determination, a T-visa, or continued presence; for SIJS children upon filing (healthcare) or upon receipt of lawful permanent residency; for U visa victims upon bona fide determination (healthcare) or upon receipt of lawful permanent residency. When accompanying an immigrant survivor applying for public benefits this tool helps advocates and attorneys ensure that they are bringing with them the correct immigration documents and can use this document to assist benefits providers in correctly entering the required information into the USCIS SAVE verification system.
[pdf] Connecticut General U Visa Statute (2014) (+)
Connecticut Code Section 46b-38b(e)(5) requires that every police department in the state designate at least one official responsible for U visa certification who assist immigrant victims with U visa certification. The statute further requires that the Police Officer Standards and Training Council issue detailed U visa certification protocols that are to be adopted by each law enforcement agency in the state. See General Notice 10-01 “Adoption of a Uniform Connecticut Law Enforcement Protocol for Treating Victims of Family Violence Whose Immigration Status is Questionable.”
[pdf] Advocates-Attorneys Training Materials (Feburary 20, 2025) (+)
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] FOIA USCIS Response to NIWAP’s FOIA on Battered Spouse Waiver Cases and Case Processing (August 25, 2017) (+)
This FOIA response discusses the application of VAWA confidentiality protections to battered spouse waiver and all VAWA cases; provides slides used to train on VAWA confidentiality and the rules that apply to district office staff adjudicating battered spouse waivers and VAWA adjustments of status applications for lawful permanent residency. These slides highlight the types of evidence that adjudicators cannot rely upon that come from the abuser under VAWA confidentiality law. It also discusses how many of the cases returned to the VAWA unit from district offices stems from reliance on regulations that were later overruled by subsequent VAWA statutes and have not been updated and highlight common returns that are errors. The training includes a copy of the 4.11.08 memo on adjustment of status for VAWA self-petitioners who are present without inspection. There are also documents discussing VAWA’s amendments designed to allow VAWA self-petitioners to remarry and the USCIS position on narrow implementation of the remarriage provisions. The materials provided in response to the FOIA provide detailed information in the form of emails, policies, and trainings warning adjudicators to not rely on perpetrator provided information in adjudicating VAWA self-petitions, adjustments or battered spouse waiver cases with good examples of the types of evidence that must be avoided, including not relying on perpetrator provided information in marriage based visa interviews. The policy discussing referrals from District offices for revocations for self-petitions is discussed. The response also included the memo on the 2 year custody and 2 year residency and custody exceptions for abused adopted children. Pages 1-57 of this FIOA response contain information applies primarily to VAWA self-petition or cases of abused adopted children.
Page 58 (Electronic page 72) of the response appears to be a check list of the types of evidence that may be fraud indicators or raise questions or lead to a request for further evidence (RFE) this appears to be self-petition related and it is not clear the extent to which it relates to battered spouse waiver cases.
Pages 59-61 and pp 88-91 directly related to battered spouse adjudications and provide direction on how District Office adjudicators are to respond when at an interview for a jointly filed request to remove conditions a battered spouse/child request to file a battered spouse waiver. These communications recognize the VAWA confidentiality implications in processing these requests. Pages 70-73 provide the formal interim process from changing from a joint petition to a battered spouse waiver.
Pages 62 -67, also provided on pages 82-87. Directly discuss battered spouse waiver adjudications with VAWA Unit staff providing examples the types of questions VAWA unit trained staff use in requests for further evidence (RFE) on the following topic proof of: extreme cruelty; battering (physical abuse); good faith marriage, residence with abusive spouse/parent. There is also included RFE language describing that marital tensions are not necessarily abuse. The materials also describe the three main reasons why battered spouse waiver adjudicators send cases to an interview at a field office. Any credible evidence rules are described and an explanation of Battering or Extreme Cruelty from Chapter 25 of the Adjudicators Field Manual is included. Page 92 also addresses similar issues.
Pages 76-78 set out the standard operating procedures (S)OP) used by District offices processing VAWA cases addressing both battered spouse waiver cases and VAWA self-petitions adjustments of status to lawful permanent residency. The SOP discusses interviews, the timing of interviews and the involvement of supervisors. It also discusses having a VAWA Point of Contact at the field office and their role. This SOP recognizes that some VAWA cases will be identified during an interview and any such cases are to be referred to the VAWA POC in the field office. This policy took effect August 1, 2011.
Pages 79-81 discuss the creation of the “384” code of admission notifying DHS staff that a case has VAWA confidentiality protection. It is interesting to note that no mention of battered spouse waivers are a case type is included in these communications despite VAWA 2005 defining battered spouse waivers as VAWA self-petitioners.
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Special Immigrant Juvenile Status – Case Law Chart (October 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 November 2024. 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] California 2023 AB1261 Chapter 679 (+)
California law governing U visa certification by police, prosecutors, judges and other certifying officials. Updated in October 2023.
[pdf] Benefits for Immigrant Crime Victims: Technical Assistance on Eligibility for Maryland (November 13, 2024) (+)
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.
[pdf] Decision and Order on Sanctuary’s Motion to Quash Subpoena – State v. Jun Du (September 27, 2024) (+)
[pdf] Sanctuary for Families – Memorandum of Law in Support of Motion to Quash VAWA Confidentiality (August 16, 2024) (+)
[pdf] NIWAP VRLC Motion for Leave to File Amicus Brief Ramirez v. Marsh New Mexico Supreme Court (March 5, 2024) (+)
[pdf] US Virgin Islands U and T Visa Certification Law (2019) (+)
The U.S. Virgin Islands 2019 law governing U visa certifications issued by the Attorney General’s Office.
[pdf] Utah: U Visa Certification Law (2024) (+)
Utah’s 2024 law governing U visa certification requirements for law enforcement, prosecutors, courts, and other state government officials. Includes statutory definition of the law enforcement, prosecutors, and courts in the state of Utah to which the U visa certification law applies. The Utah law is consistent with the federal law definitions of “certifying official” and “qualifying criminal activity” and requires that Utah government officials adopt federal guidelines in assessing victims’ helpfulness. Includes record keeping requirements and contains confidentiality protections.
[pdf] Rhode Island: U and T Visa Certification Law (2017) (+)
Statutory requirements for law enforcement agencies for responding to U visa certification requests in the State of Rhode Island.
[pdf] Judicial Officer Reminders for Stalking Behaviors (April 30, 2024) (+)
Checklist to assist judicial officers in identifying and making findings about stalking behaviors judges identify in the cases they hear. It is important for judges to document in the findings in their court orders stalking behaviors. Stalking is a crime that is made up of a pattern of behaviors that occur, repeat, and escalate over time. When judges make findings about stalking behaviors in protection order, custody, divorce, child welfare and other family court proceedings, those findings document behaviors occurring and help judges, prosecutors, and law enforcement officials in future cases be better able to identify patterns of stalking.
[pdf] NM Supreme Court Issues Order Against Disclosure of Immigration-Related Information of Noncitizen Crime Victims (May 7, 2024) (+)
Press release from the New Mexico Administrative Office of the Courts on New Mexico Supreme Court’s issuance of two orders of superintending control quashing subpoenas that compelled that an immigrant victim turn over the contents of their U visa and T visa immigration case files to the perpetrator in the criminal case that the state brought against perpetrators of child trafficking and child sexual assault. The New Mexico Supreme Court also ordered that materials from the U and T visa files previously produced needed to be destroyed. Full opinion to be issued by the New Mexico Supreme Court at a later date. In one case the trial court ordered the U visa victim to turn over their immigration case file and in the second case the trial court ordered the victim’s immigration counsel to turn over the victim’s T visa case file. Both orders were reversed.
[pdf] Ramirez v. Marsh, S-1-SC-39966, New Mexico Supreme Court Writ of Superintending Control (Marsh) (May 7. 2024) (+)
New Mexico Supreme Court issued two orders of superintending control quashing subpoenas that compelled that an immigrant victim turn over the contents of their U visa and T visa immigration case files to the perpetrator in the criminal case that the state brought against perpetrators of child trafficking and child sexual assault. In this case the New Mexico Supreme Court also ordered that materials from the U visa files previously produced needed to be destroyed. Full opinion to be issued by the New Mexico Supreme Court at a later date. In this case the trial court ordered the U visa victim to turn over their immigration case file and in the second case the trial court ordered the victim’s immigration counsel to turn over the victim’s T visa case file. Both orders were reversed.
[pdf] New Mexico Immigrant Law Center v. Leos, S-1-SC-40114, Writ of Superintending Control (Leos) New Mexico Supreme Court (May 7, 2024) (+)
New Mexico Supreme Court issued two orders of superintending control quashing subpoenas that compelled that an immigrant victim turn over the contents of their U visa and T visa immigration case files to the perpetrator in the criminal case that the state brought against perpetrators of child trafficking and child sexual assault. In this case the New Mexico Supreme Court also ordered that materials from the T visa files previously produced needed to be destroyed. Full opinion to be issued by the New Mexico Supreme Court at a later date. In this case the trial court ordered the T visa victim’s immigration counsel to turn over their immigration case file and in the second case the trial court ordered the victim to turn over the victim’s U visa case file. Both orders were reversed.
[pdf] Ramirez v. Marsh, S-1-SC-39966 & New Mexico Immigrant Law Center v. Leos, S-1-SC-40114, New Mexico Supreme Court (May 7, 2024) (+)
New Mexico Supreme Court issued two orders of superintending control quashing subpoenas that compelled that an immigrant victim turn over the contents of their U visa and T visa immigration case files to the perpetrator in the criminal case that the state brought against perpetrators of child trafficking and child sexual assault. The New Mexico Supreme Cour also ordered that materials from the U and T visa files previously produced needed to be destroyed. Full opinion to be issued by the New Mexico Supreme Court at a later date. In one case the trial court ordered the U visa victim to turn over their immigration case file and in the second case the trial court ordered the victim’s immigration counsel to turn over the victim’s T visa case file. Both orders were reversed.
[pdf] USCIS Fee Schedule (G-1055) (August 19, 2024) (+)
This document confirms that there are no fees required for filing the VAWA self-petition, the U visa or the T visa applications. However some forms that victims may need to file related to these case types have fees associated with them and as the instructions to the USCIS Fee Waiver form indicate victims eligible for fee waivers may apply for waivers of the fees associated with the following forms:
1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);
2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
3. T nonimmigrant (such as Forms I-192, I-485, and I-601);
4. Temporary Protected Status (such as Forms I-131, I-821 and I-601);
5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or
6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212).
[pdf] U Visa Timeline with Background Checks (August 11, 2024) (+)
U-Visa timeline including background checks. This timeline has been updated to reflect the USCIS 2021 policies on bona fide determinations and their impact on U visa case processing which over time will provide access to protection from deportation and work authorization to U visa applicants who pass background checks and receive bona fide determinations from USCIS. Victims will remain in bona fide status while they await the date a U visa becomes available to issue them.
[pdf] WHO Ethical and Safety Recommendations For Interviewing Trafficked Women (2003) (+)
This report contains the Ten Guiding Principles to the ethical and safe conduct of interviews with women who have been trafficked. For each of the guidelines this publication includes a discussion of key risks and recommendations. This tool sets the standard for evidence based and trauma informed guidance to professionals working with human trafficking victims and has been used by anti-trafficking experts working with survivors of human trafficking for years.
[pdf] Prostitution Colorado Judicial Bench Card (August 19, 2021) (+)
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.