Applicability of Public Charge and Deeming Rules to Immigrant Survivors and Their Children Eligible for Healthcare Subsidies

Public Charge Immigrant survivors may be reticent to seek healthcare subsidies that they and their children are eligible for because they are concerned that seeking subsidized healthcare will prevent them from becoming lawful permanent residents under public charge laws. The public charge ground of inadmissibility refers to the barring of a foreign national from obtaining […]

Healthcare Access for Immigrants Who are NOT Eligible to Access the Healthcare Exchanges

Immigrant victims of domestic and sexual violence who have not filed for immigration relief or who will not be filing for immigration relief can access healthcare from federally funded healthcare programs that are open to all persons without regard to the individual’s immigration status. Abused immigrants, as well as other immigrant children and adults, can […]

Access to Healthcare Subsidies for Immigrant Survivors and Their Children

This section will discuss which immigrant survivors of domestic or sexual violence or human trafficking qualify under federal or state law for healthcare subsidies, if they are low income. The majority of immigrant survivors will not qualify for federal funded Medicaid. As a result, since many advocates, attorneys and state and federal benefits providers assume […]

Immigrant Crime Victims Who Are Eligible To Access Healthcare Exchanges

An immigrant’s eligibility for the healthcare exchanges and its related subsidies depends upon the immigrant’s status at the time of applying for the benefit. Immigrant access to the healthcare exchanges is governed by whether an immigrant is on the list of immigrants that are “lawfully present” in the United States. It is important to note […]

How Do I Access the Healthcare Exchanges?

There are a number of ways to fill out an application to get health insurance from the healthcare exchanges, including: Going to www.healthcare.gov; Calling 1-800-318-2596 or 1-855-889-4325; or Finding a trained healthcare expert to provide personal help with the process at https://localhelp.healthcare.gov. © 2015 National Immigrant Women’s Advocacy Project. The contents of this publication may […]

General Information Regarding the Affordable Care Act (ACA)

The ACA implemented numerous wide-sweeping changes to the U.S. healthcare system, including the expansion of income-related eligibility for Medicaid, allowing young adults to stay covered on their parents’ health insurance plans until the age of 26, proscribing certain minimum requirements for nearly all healthcare plans, and prohibiting insurance companies from denying coverage based on “pre-existing […]

How to Prepare to address VAWA Confidentiality in State Courts

Perpetrators and their attorneys in family law and criminal court cases who are unable to obtain VAWA confidentiality protected information from DHS, may attempt to obtain information about the existence of or information contained in immigration cases protected by federal VAWA confidentiality laws in state court proceedings. Advocates and attorneys working with immigrant survivors should […]

Have questions on Immigrant Survivors’ Legal Rights?

NIWAP offers technical assistance to advocates, attorneys, social services and health care providers, justice system personnel, and others working with immigrant victims of domestic violence, sexual assault, stalking, and human trafficking. To submit your questions, email info@niwap.org or you can call NIWAP at 202-274-4457. Be sure to provide a description of the issue so we […]

Trainings and Webinars

NIWAP is pleased to announce that we can provide training in your state! Thanks to a State Justice Institute (SJI) grant, NIWAP is delivering workshops, half day and full day trainings around the country! Trainers include NIWAP’s own Leslye Orloff in addition to a team of judges experienced in immigration law, family law, and criminal […]

Recent Publications

How to Get a Detained Person to Court for Family Court Cases Involving Children and/or Criminal Proceedings This handout guides judges, attorneys, and advocates on getting detained immigrants to court so they can participate in family court proceedings. Access to Publicly Funded Legal Services for Battered Immigrants Succinctly describes the new Legal Service Corporation regulations […]

Speaker Series

NIWAP’s first event in the series was on September 4 at the Washington College of Law.  NIWAP Director Leslye Orloff and Ronald LeGrand, Counsel, U.S. House of Representatives, Committee on the Judiciary, introduced students to NIWAP and spoke about exciting projects for the seminar course, which will offer law students hands-on immigration and policy experience.  […]