NIWAP led a webinar series hosted by Casa de Esperanza on October 15, 2018 and October 22, 2018.
On October 15, the webinar titled “Judges Role in Cases of Immigrant Domestic and Sexual Violence Survivors” covered important issues that arise in family court cases involving immigrant survivors of domestic violence, sexual assault, and stalking and their children. The range of issues that perpetrators raise in custody cases involving battered immigrant parents will be addressed with particular emphasis providing legally correct information that counter’s misinformation perpetrators provide about immigration law, status and relevance in domestic violence custody proceedings. A discussion of U visa certification by judges will cover the range of family, civil and criminal court cases in which immigrant victims have turned to the courts for help providing information and criminal activities they have suffered in court documents and proceedings. Additionally, this webinar discussed how immigrant youth who are victims of domestic or sexual violence or who are children of battered immigrants qualify for Special Immigrant Juvenile States and the state court findings that must be obtained before the application for immigration relief can be filed.
You can find the slides for this webinar here: Judges Role in Cases of Immigrant Domestic and Sexual Violence Survivors. You can find the live recording of this webinar here.
On October 22, the webinar titled “Protections for Immigrant Survivors of Domestic and Sexual Violence Under Violence Against Women Act Confidentiality Protections” discussed the protections offered to immigrant victims of domestic violence, sexual assault and stalking under Violence Against Women Act (VAWA) confidentiality laws and their effect on best practices for victim advocacy, legal representation, safety planning, and VAWA confidentiality’s protections and rules. This webinar will also discuss the additional protections available to immigrant victims under Immigration and Customs Enforcement policies limiting immigration enforcement at courthouses and sensitive locations.
You can find the slides for this webinar here: Protections for Immigrant Survivors of Domestic and Sexual Violence Under Violence Against Women Act Confidentiality Protections.
You can find the live recording of this webinar here.
Materials accompanying webinar:
Also see our full library of SJI supported materials for courts at www.niwap.org/go/sji
Immigration Relief for Crime Victims and Children
Know Your Rights Information
- DHS Interactive Infographic on Protections for Immigrant Victims
- Immigration Options for Victims of Crime -DHS Brochure
- Multilingual Materials for Victims and Advocates
- Pathways to Immigration Relief for Students
- Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa
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
- Prosecutorial Discretion: Certain Victim, Witnesses and Plaintiffs
- Bench Card: DHS Enforcement Priorities Information for State Court Judges
- Comparison Chart of U visa, T Visa, Violence Against Women Act (VAWA) Self-Petition, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA)
- Identifying Forms of Immigration Relief Available for Battered Immigrant Victims**
- Blue Card: Screening for Victims Who Qualify for Immigration Protective Relief (Squad Car Screening Tool)
- Glossary of Terms for Work with Immigrant Survivors
- February 2018 Newsletter: New ICE Policies on Courthouse Enforcement and VAWA Confidentiality
Special Immigrant Juvenile Status, Child Abuse & Protective Battered Immigrant Parents
- The Special Immigrant Juvenile Status Bench Book: A National Guide to Best Practice for Judges and Courts (April 2018)
- 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
- Abused, Abandoned, or Neglected: Legal Options for Recent Immigrant Women and Girls (August 2016)
- Types of Proceedings in Which State Courts Can Make Special Immigrant Juvenile Status Findings
- Immigration Relief for Abused Children
- Special Immigrant Juvenile Status: Information for Juvenile Courts
- Special Immigrant Juvenile Status: Information for Child Welfare Workers
- Comparison Chart of VAWA, U, and SIJS
- Representing Undocumented Children Who Have Been Abused, Neglected, or Abandoned (Special Immigrant Juvenile Status)**
U and T Visa Certification
- U Visa Certification Tool Kit for Federal, State, and Local Judges, Commissioners, and Magistrates
- U-Visa Flow Chart
- DHS U and T Visa Law Enforcement Resource Guide
- U-Visa: “Helpfulness” Checklist
- U-Visa Flow Chart
- USCIS U Visa Certification Factsheet Q&A
- DHS: Instructions for Form I-914, Supplement B
- DHS: Form I-914, Supplement B for T visa Endorsement
- DHS: Form I-918, Supplement B, for U visa Certification
- DHS: Instructions for Form I-918, Supplement B, for U visa Certification
- State Laws
- DHS Policy Answers to Law Enforcement Reasons for Not Certifying
- U Visa News Articles
- The Importance of the U-visa as a Crime-Fighting Tool for Law Enforcement Officials – Views from Around the Country
- Protecting Our Communities and Officer Safety
- Overcoming Fear and Building Trust With Immigrant Communities and Crime Victims (Police Chief Magazine April 2018)
VAWA Confidentiality
- Family Court Bench Card on VAWA Confidentiality
- VAWA Confidentiality Protections for Immigrant Crime Victims (Webpage) (February 23, 2017)
- VAWA Confidentiality Webinar (February 9, 2015)
- Enhanced Safety Planning for Immigrant Survivors of Domestic and Sexual Violence Webinar: Early Identification of Victims and VAWA Confidentiality (February 24, 2017)
- Interlineated statute:
- VAWA Confidentiality Statutes, Legislative History and Implementing Policy (2.23.17)
- All DHS Directive on VAWA Confidentiality Implementation which included and explains the annual requirement for training taking the FLTEC and DHS developed on line course ‘VAWA Confidentiality and Immigration Relief
- All DHS VAWA Confidentiality Instruction
- DHS Broadcast Code of Admission for VAWA confidentiality protected cases the DHS computerized red flag system for cases that have already been filed
- ICE and OPLA VAWA Confidentiality Operations Memos
- DHS Civil Rights Civil Liberties Complaint Instructions for Violation Investigations
- CRCL Complaint Form (general use)
- Memorandum: Non-disclosure and Other Prohibitions Relating to Battered Aliens: IIRIRA §384
- Executive Office of Immigration Review EOIR: VAWA Confidentiality Procedures for Immigration Court
- Three Prongs of VAWA Confidentiality
- Chapter 3.2: VAWA Confidentiality and Breaches of Confidentiality
- Service Provider Confidentiality Safeguards: Best Practices
- Advocate’s Guide to Immigrant Survivors’ Rights and Protections (2013)
- Chapter 3 of Empowering Survivors: VAWA Confidentiality, History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections
- Newsletter on VAWA Confidentiality
- Family Court Bench Card on VAWA Confidentiality
- Preparing Victims for Encounters with DHS**
- Utilizing VAWA Confidentiality Protections in Family Court Proceedings**
Criminal Court Discovery
- What’s Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims
- VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information
- Certifying Early: When Should You Sign a U or T Visa Certification for a Victim?
- Quick Reference Guide for Prosecutors: U Visa and VAWA Confidentiality Related Case Law
VAWA Self-Petition
- VAWA Self-Petitioning Flow Chart for Child Applicants
- Flowchart: VAWA Self-Petitioning Eligibility for Elder Abuse Survivors
- Flowchart: VAWA Self-Petitioning Eligibility for Adults
- Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases
- Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the US and Facts about Immigrating on a Marriage-based Visa
Family Law Cases: Special Issues for Immigrant Crime Victims and Children
Custody
- Family Court Bench Card on Issues that Arise in Custody Cases Involving Immigrant Parents, Children, and Crime Victims
- Custody of Children in Mixed Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings
- How to Get a Detained Person to Court for Family Court Cases Involving Children and/or Criminal Proceedings
- Obtaining Custody of Children for Battered Immigrants**
- 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
Protection Orders
- Immigrants and Protection Orders Bench Card
- 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
- Battered Immigrant Women in the United States and Protection Orders: An Exploratory Research
- Chapter 14.01: Protection Orders of Immigrant Victims for Sexual Assault
Child Abuse, Neglect and Termination of Parental Rights
Public Benefits Access of Immigrant Victims
- Public Benefits Bench Card
- Public Benefits Map
- State by State public benefits charts – by immigrant victim case type and benefits program
- Joint Agency Letter on Shelters and Transitional Housing
- Access to Publicly Funded Legal Services for Battered Immigrants
- Access to Public and Assisted Housing VAWA Self-Petitioners –Webpage (January 26, 2017)
- Post-VAWA 2013: Immigrant Crime Victims and Public Charge
- Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status
- Anti-Discrimination Provisions that Apply to Programs Receiving Federal Funding Serving Victims of Violence against Women Crimes
**If you have difficulty accessing this publication please contact for assistance NIWAP at (202) 274-4457 or info@niwap.org