NIWAP, in partnership with the Southern Maryland Center for Family Advocacy presented a virtual training on family law for attorneys who encounter immigrant victims of domestic violence, child abuse, sexual assault, stalking, and human trafficking in Charles, St. Mary’s, and Calvert Counties in Maryland.
If you are a victim advocate, attorney, judge, or other professional working with an immigrant victim and you would like to receive case specific technical assistance on family law issues that arise in cases
of immigrant crime victims, please call NIWAP for technical assistance. (202) 274-4457 or email us at info@niwap.org.
You can also visit the family law issues section of NIWAP’s web library: https://niwaplibrary.wcl.american.edu/topic/family-law/
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You can elect NIWAP’s general outreach list to receive notices of trainings, webinars, new materials, resources and policies.
Judges, court staff, law enforcement and prosecutors can sign up for lists exclusively open to staff working at one of these government agencies: https://secure.campaigner.com/CSB/Public/Form.aspx?fid=1682905&ac=fohe
Training Materials
Webinars
Custody
- November 15, 2018: “Custody for Abused Immigrants: Tips, Tools and Best Practices” (Webinar)
- September 15, 2017: “When State Family Law and Federal Immigration Laws Intersect: Promoting Access to the Courts and Just Outcomes for Immigrants” (Webinar)
Child Welfare
- July 9, 2019: “What Courts Want to Know, What Role Can Courts Play Regarding Detained Immigrant Children and Parents” (Webinar)
- NCJFCJ Improving Child Welfare Practice for Immigrant Victims of Domestic Violence (Webinar)
U Visas and Special Immigrant Juvenile Status
- Nov. 30, 2018: “U Visa Certifications and Special Immigrant Juvenile Status: The Judge’s Role –Webinar National Judicial College” (Webinar)
- Special Immigrant Juvenile Status – Best Practices of Drafting Findings (Webinar)
- Expert Advice for Judges: How to Handle U Visa Certification Requests (Webinar)
VAWA Confidentiality, Discover, and Courthouse Enforcement
- October 22, 2018: “Part II: Protections for Immigrant Survivors of Domestic and Sexual Violence Under VAWA Confidentiality Laws” (Casa de Esperanza)
- August 21, 2018: “Impact of DHS Enforcement Priorities on Courts: VAWA Confidentiality and Custody”
- October 31, 2017: “NCJFCJ VAWA Confidentiality and Protections for Immigrant Victims of Domestic Violence”
Immigration Relief Overview for Courts
Language Access
- DOJ Letter to State Courts on Language Access
- Bench Card: Court Interpretation in Protection Order Hearings
Know Your Rights Information – Remedies for Immigrant Victims
- DHS interactive Infographic on Protections for Immigrant Victims
- DHS Brochure: Immigration Options for Victims of Crime
- Pathways to Immigration Relief for Students
- Information on the Legal Rights Available to Immigrant Victims of
- Immigration Relief for Abused Children
- Special Immigrant Juvenile Status: Information for Juvenile Courts
- Special Immigrant Juvenile Status: Information for Child Welfare Workers
Forms of Immigration Relief
- Bench Card: Overview of Types of Immigration Status
- Family Court Bench Card on Immigration Rights of Battered Spouses, Children and Immigrant Crime Victims
- Bench Card: DHS Enforcement Priorities Information for State Court Judges
- Identifying Forms of Immigration Relief Available for Battered Immigrant Victims**
Immigration Allegations in Custody Cases
- Family Court Bench Card on Issues that Arise in Custody Cases Involving Immigrant Parents, Children, and Crime Victims
- Winning Custody Cases for Immigrant Survivors: the Clash of Laws, Cultures, Custody and Parental Rights
- Custody of Children in Mixed Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings
- Obtaining Custody of Children for Battered Immigrants**
- State by State Comparison of Best Interests of the Child Factors – Comparison Charts and Maps (See Appendix Q)
- Immigration Status: Work Authorization, Public Benefits and Ability to Sponsor Children
- Chapter 06.1: Countering Abuser’s Attempts to Raise Victim’s Immigration Status in Custody Cases
- Chapter 06.3: The Implications of the Hague International Child Abduction Convention: Cases and Practice
- Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights: Family and Intimate Partner Violence Quarterly Fall 2016/Winter 2017**
- Border Crossings: Understanding the Civil, Criminal, and Immigration Implications for Battered Immigrants Fleeing Across State Lines with Their Children
- November 15, 2018: “Custody for Abused Immigrants: Tips, Tools and Best Practices” (Webinar)
- September 15, 2017: “When State Family Law and Federal Immigration Laws Intersect: Promoting Access to the Courts and Just Outcomes for Immigrants” (Webinar)
- Judges Role in Cases of Immigrant Domestic and Sexual Violence Survivors
- NIWAP October 2018 Custody Newsletter (October 19, 2018)
Children, Brain Development Science, Trauma
- Vulnerable but not Broken: Psychosocial Challenges and Resilience Pathways in Unaccompanied Children from Central America
- Understanding the Significance of a Minor’s Trauma history in Family Court Rulings
- Board of Immigration Appeals Decision on Regarding Children, Brain Development and Trauma (May 22, 2017)
- Board of Immigration Appeals Amicus Brief on Recent Research Concerning the Neurobiological, Cognitive, and Psychological Development of Children and Adolescents (July 11, 2016)
Child Welfare Proceedings
- July 9, 2019: “What Courts Want to Know, What Role Can Courts Play Regarding Detained Immigrant Children and Parents”(Webinar)
- Protecting Parental Rights When the Immigrant Parent is Detained or Deported**
- Case of Maria L.**
- States Definitions of Child Abuse and Neglect
- Fact Sheet on State v. Maria L.
- In Re Interest of Angelica L. and Daniel L. (N.W.2d)
- Toolkit: Detention and Termination of Parental Rights
- Immigration in Child Welfare System Case Studies
- Guide for State Courts in Cases Involving Unaccompanied Immigrant Children
- Unaccompanied Immigrant Children And The State Courts
- HHS: Immigration and Child Welfare
- Immigrant Families and Child Welfare Systems: Emerging Needs and Promising Policies
- NCJFCJ Improving Child Welfare Practice for Immigrant Victims of Domestic Violence (Webinar)
- NCJFCJ Deportation and Children
- SYNERGY: National Council of Juvenile and Family Court Judges, Intersection of Immigration Enforcement and the Child Welfare System
- The Impact of Immigration Enforcement on Child Welfare
Intersection of Family Courts With Victim’s Immigration Protections
U Visa Certification by Judges
- Nov. 30, 2018: U Visa Certifications and Special Immigrant Juvenile Status: The Judge’s Role – Webinar National Judicial College (Webinar)
- U Visa Certification Toolkit for Federal, State and Local Judges Commissioners, Magistrates and Other Judicial Officers (Nov. 11, 2019)
- DHS U and T Visa Law Enforcement Resource Guide
- U Visa Quick Reference for Judges (September 4, 2018)
- Understanding the Judicial Role in U-Visa Certification, American Journal of Family Law
- U-Visa: “Helpfulness” Checklist
- Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (National)
- Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (Minnesota)
- U Visa Certification by Judges: Minnesota Board of Judicial Standards Opinion
- National Survey on Types of Criminal Activities: Experienced By U-Visa Recipients
- Expert Advice for Judges: How to Handle U Visa Certification Requests (Webinar)
- State Laws: U Certification
Special Immigrant Juvenile Status
- The Special Immigrant Juvenile Status Bench Book: A National Guide to Best Practice for Judges and Courts (April 2018)
- Representing Undocumented Children Who Have Been Abused, Neglected, or Abandoned(Special Immigrant Juvenile Status)**
- Factors That Can Demonstrate That It is Not in a Child’s Best Interests to be Returned to Their Home Country (October 2018)
- Immigration Protection Screening Checklist: Special Immigrant Juvenile Status
- Types of Proceedings in Which State Courts Can Make Special Immigrant Juvenile Status Findings
- Grounds of Inadmissibility for Special Immigrant Juveniles
- Webinar: Special Immigrant Juvenile Status – Best Practices of Drafting Findings
VAWA Confidentiality and Family Court Discovery
- VAWA Confidentiality Webinar (February 9, 2015)
- Family Court Bench Card on VAWA Confidentiality
- Utilizing VAWA Confidentiality Protections in Family Court Proceedings**
- Quick Reference Guide for Judges: VAWA Confidentiality and Discovery Related Case Law
- Court Rulings Confirm Federal VAWA Confidentiality Protections Bar Discovery of VAWA Confidentiality Protected Information in State Family Court Proceedings
- Quick Reference: VAWA Confidentiality Protections: Quoting Statutes, Regulations and DHS Policies 3.29.19
- VAWA Confidentiality Protections for Immigrant Crime Victims (Webpage) (February 23, 2017)
- Interlineated statute
- VAWA Confidentiality Statutes, Legislative History and Implementing Policy (2.23.17)
VAWA Confidentiality and Courthouse Enforcement Policies
- Civil Immigration Enforcement Actions Inside Courthouses (January 10, 2018)
- Impact of DHS Enforcement Priorities on Courts: VAWA Confidentiality and Enforcement (Webinar) (August 21, 2018)
- VAWA Confidentiality Protections, Courthouse Enforcement, and Sensitive Location Policies at a Glance (3.29.19)
- Immigration and Customs Enforcement January 2018 Courthouse Enforcement Policy and VAWA Confidentiality Protections for Immigrant Crime Victims
- Courthouse Immigration Enforcement: Steps State Courts Are Taking (2018)
- February 2018 Newsletter: New ICE Policies on Courthouse Enforcement and VAWA Confidentiality
Civil Protection Orders and Immigrant Victims
- Bench Card: Immigrants and Protection Orders
- Battering or Extreme Cruelty: Drawing Examples from Civil Protection Orders and Family Law Cases
- Seeking Protection Orders for Immigrant Victims**
- Chapter 05.1: Battered Immigrants and Civil Protection Orders
- Creative Methods in Protecting Battered Immigrants
- Chapter 05.2: Ensuring Access to Protection Orders for Immigrant Victims of Family Violence
- Chapter 05.3: Jurisdictionally Sound Protection Orders
- Chapter 14: Protection Orders for Immigrant Victims of Sexual Assault
- Unintended Consequences: How Civil Protection Orders Affect Immigrants, Delaware Lawyer’s Magazine
- Battered Immigrant Women in the United States and Protection Orders: An Exploratory Research
- Use and Outcomes of Protection Orders by Battered Immigrant Women
Divorce
Economic Relief in Family Court – Child Support, Enforcement of Affidavits of Support, Spousal Support, and Other Economic Remedies
- State Court Bench Card: Immigration Victim’s Economic Remedies
- Immigration Status: Work Authorization, Public Benefits and Ability to Sponsor Children
- Immigration Concerns for Family Law Practitioners
- Chapter 06.4: Ensuring Economic Relief for Immigrant Victims Through Family Law Proceedings: Child Support and Spousal Support
- Providing Economic Relief for Immigrant Victims: Child Support and Spousal Support**
- ‘Til Death Do Us Part: Affidavits of Support and Obligations to Immigrant Spouses
- Kumar v. Kumar Decision (2017)
- Amicus Curiae brief from National Immigrant Women’s Advocacy Project in Support of Appellant Ashlyne Kumar
Public Benefits Access of Immigrant Victims
- Public Benefits Bench Card
- Public Benefits Map
- Maryland Public Benefits Screening Chart
- Maryland Demographics
- State by State public benefits charts – by immigrant victim case type and benefits program