VAWA Confidentiality’s Impact on Discovery in Family and Criminal Court Cases (May 18, 2026)
The Violence Against Women Act (VAWA) includes confidentiality protections that prevent perpetrators from learning about, interfering with, or obtaining information contained in survivors’ applications for legal immigration relief under VAWA, including Battered Spouse Waivers and U and T visas.
The presenters of this workshop will examine how VAWA confidentiality affects discovery motions in family, civil, and criminal court cases. The attendees will be introduced to the ethical and legal responsibilities related to discovery, pretrial motions, and trial strategies to counter common defenses in cases involving immigrant victims of crime. The workshop will also include best practice tips for anticipating, preparing for, and addressing confidentiality issues to promote victim safety and offender accountability. Recent VAWA confidentiality case law and DHS policies will also be reviewed.
Relief Responses: Improving Access to Family Court Proceedings for Immigrant Crime Victims (May 19, 2026)
Research has found that with the support of advocates and attorneys, immigrant survivors of domestic and sexual violence will turn to state family courts seeking civil protection orders, custody, divorce, and economic remedies, including in times when victims are reticent to seek immigration relief. This workshop, co-presented by a judge and a family law expert, will provide an overview of immigration relief options available to survivors of crime and share best practices for addressing the unique issues that arise in cases of immigrant survivors seeking help from family courts. The presenters will highlight the importance of protection orders, including creative remedies that most effectively protect immigrant victims and their children. Attendees will be taught skills for responding to issues commonly raised by perpetrators in custody cases and securing economic remedies for immigrant survivors. The presenters will also address the impact of divorce on immigration status and tools judges, attorneys and victim advocates can use to ensure that immigrant victims can use to promote compliance with federal statues and ICE policies help ensure that immigrant victims can safely access the help available from state family courts.
VAWA Confidentiality
Three Prongs of VAWA Confidentiality
Letters That Promote ICE Compliance With 2025 Policies and Statutes
Videos Explaining How to Use Letters That Promote Ice Compliance With 2025 Policies And Statutes
Bench Card on Violence Against Women Act (VAWA) Confidentiality
Advocate’s Guide to Immigrant Survivors’ Rights and Protections
Screening
DHS Interactive Infographic on Protections for Immigrant Victims
12 Question Predatory Helpfulness Screener
Immigration Relief for Victims
Bench Card on Immigration Relief for Battered Spouses, Children, and Immigrant Crime Victims
Chapter 10: U Visas: Victims of Criminal Activity
Preparing a VAWA Self Petition
T-Visa Law Enforcement Resource Guide (October 20,2021)
Certifying Early: When Should You Sign a U or T Visa Certification for a Victim?
DHS: U and T Visa Law Enforcement Resource Guide
U and T Visa Certification
U Visa Law Enforcement Resource Guide (February 28, 2022)
U-Visa: “Helpfulness” Checklist
U-Visas: Victims of Criminal Activity
T-Visa Law Enforcement Resource Guide (October 20,2021)
Model U Visa Certification for Prosecutor’s Offices
- Hennepin County Attorney’s Office U Visas and T Visas Certification Policy (Full Policy) (January 8, 2024)
- Hennepin County Attorney’s Office U Visas and T Visas Certification Policy (March 7, 2024)
Toolkits
U Visa Certification and T Visa Declaration Toolkits
Office of Trafficking in Persons (OTIP)
National Judicial Network & HHS’ Office on Trafficking in Persons (OTIP) 2023 Sessions
HHS OTIP -Child Eligibility Benefits Handout (February 20, 2024)
Trauma Informed Interview Questions
Trauma Informed Structured Interview Questionnaires for Immigrant Cases (SIQI)
Sample Question for Identifying Trafficked or Enslaved Persons
Advocate’s and Attorney’s Tool for Developing a Survivor’s Story: Trauma-Informed Approach
Family Law
Custody
The 2025 ICE Detained Parents Directive Vs. the 2022 ICE Parental Interests Directive
Philadelphia Legal Assistance: Planning for Custody
Detained or Deported: What About My Children? What to do if You Can’t Be With Them [pdf]
Civil Protection Orders
Chapter 05.1: Battered Immigrants and Civil Protection Orders (July 1, 2013)
Chapter 14.01: Protection Orders of Immigrant Victims for Sexual Assault (July 3, 2013)
Creative Methods in Protecting Battered Immigrants (June 20, 2014)
Divorce
Bench Card: Impact of Divorce on Immigration Status (December 28, 2021)
Affidavits of Support and Enforceability Bench Card (June 13, 2024)
Economic Relief
Access to Public Benefits
Interactive Public Benefits Map
Maine Public Benefits Screening Chart
Access to State-Funded Public Benefits in Maine for Survivors
NIWAP Directory
Directory of Programs With Experience Serving Immigrant Victims
Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status