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 (December 6, 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] 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] Access to State-Funded Benefits in Virginia for Survivors (November 18, 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] Virginia Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (November 18, 2024) (+)
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 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] State Justice Institute (SJI) and National Judicial Network Training Materials (October 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] 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] 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 Idaho for Survivors (Updated October 26, 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 (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] Access to State-Funded Public Benefits in Florida for Survivors (Updated October 10, 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 Arkansas 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] 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] Access to State-Funded Public Benefits in Alaska for Survivors (Updated October 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 New Hampshire for Survivors (updated October 20, 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] 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] Access to State-Funded Public Benefits in New Mexico for Survivors (Updated October 8, 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 September 24, 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 September 24, 2024) (+)
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] 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.
[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] 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] 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] 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 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 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 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 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] 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] 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.