Recognizing Realities of the Intersection of Immigration Law/Regulations on

State Court Cases Involving Domestic and Sexual Violence

Training Materials^[1]

December 2, 2021

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NIWAP offers a full library of SJI supported materials for courts here.  

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Materials by United States Citizenship and Immigration Services: Office of Policy and Strategy to National Judicial Network Judges

OP&S appreciates your request for informative materials to share with the National Judicial Network. Judges and court staff may be the first to see signs of violence and are in a unique position to provide information and assistance to non-citizens who have been victims of violence, human trafficking, or certain crimes. Below we have included a list of helpful materials and the links to each resource. The Policy Manual is the agency’s centralized online repository for USCIS’ immigration policies. Judges may sign up to receive timely policy updates on the USCIS Alerts page or contact Public Engagement to participate in engagement and outreach activities.

Informative Pamphlets Appropriate for Public Distribution:

• Immigration Options for Victims of Crimes (Violence Against Women Act, U Nonimmigrant Status, T Nonimmigrant Status)
• Immigration Relief for Abused Children: Special Immigrant Juvenile Status
• Center for Countering Human Trafficking (CCHT) Continued Presence Pamphlet

Informative Materials for Judges and Law Enforcement:

• T-Visa Law Enforcement Resource Guide
• CCHT Continued Presence Resource Guide

USCIS Case Data

• Number of Form I-918, Petition for U Nonimmigrant Status, by Fiscal Year, Quarter, and Case Status (FY2021, Q3)
• Number of Form I-914, Application for T Nonimmigrant Status, by Fiscal year, Quarter and Case Status  (FY2021, Q3)
• Number of Form I-360, with Classification as VAWA self-petitioner by Fiscal Year, Quarter and Case Status (FY2021, Q3)
• Number of Form I-360 Petitions for Special Immigrant with Classification of Special Immigrant Juvenile (SIJ) by Fiscal year, Quarter and Case Status (FY2021, Q3)
• Immigration and Citizenship Data

Relevant USCIS Public Webpages or Policy Manual Chapters

• USCIS Humanitarian Programs
• Special Immigrant Juveniles
• Victims of Trafficking
• Policy Alert: T Nonimmigrant Status
• Victims of Criminal Activity: U Nonimmigrant Status
• Policy Alert: Bona Fide Determination Process for Victims of Qualifying Crimes
• Battered Spouse, Children and Parents
• Privacy and Confidentiality Provisions

Information for Afghan Nationals

NIWAP Materials

Webinars for Judges or Helpful to Judges

     Immigrant Survivors

• Best Practices and Tools that Build the Capacity of Adult Protective Services to Serve Immigrant Domestic and Sexual Violence Victims (January 30, 2020)  

• Addressing Issues That Arise in Family and Criminal Court Cases Involving Immigrant Survivors in the District of Columbia (August 25, 2020)
• Legal Protections When Child Victims Are Immigrants: The Judge’s Role (June 20, 2019)
• What Courts Want to Know, What Role Can Courts Play Regarding Detained Immigrant Children and Parents (July 9, 2019)
• Judge’s Role in Cases of Immigrant Domestic and Sexual Violence Survivors (October 15, 2018)

Victims of Trauma

• Coercive Control in Families, the Impact on Children and Extreme Cruelty (October 16, 2020)
• Helping Survivors in Crisis: Hands-On Training for Advocates and Attorneys on Trauma-Informed Work with immigrant Women Who Are Survivors of Domestic Violence and Sexual Assault (February 24, 2014) (Tips from expert psychologist)

Immigration Law Overview for State Court Judges

• An Overview of U.S. Immigration Law (March 9, 2018)
• When State Family Law and Federal Immigration Laws Intersect: Promoting Access to the Courts and Just Outcomes for Immigrants (September 15, 2017)

Special Immigrant Juvenile Status

• Special Immigrant Juvenile Status – Best Practices of Drafting Findings (May 14, 2019)
• State Court Findings for Youth Seeking Special Immigrant Juvenile Status (July 13, 2015)

U and T Visa Certification by Judges

• U Visa Certifications and Special Immigrant Juvenile Status: A Judge’s Role (November 30, 2018)
• Expert Advice for Judges: How to Handle U Visa Certification Requests (December 1, 2014)
• Obtaining U Visa Certification from Judges in Protection Order, Family, Criminal, and Other State Court Proceedings (February 20, 2014)
• DHS U and T Visa Certification Videos for Law Enforcement (Helpful to courts and all certifiers) (September 26, 2013)

Trafficking

• July 6, 2021: National Judicial Network “Judicial Responses to Labor Trafficking” (Webinar)

Access to Public Benefits

• Public Benefits and Services Legally Available to Immigrant Children and Victims – What Courts Need to Know (April 18, 2019)

Custody, Immigrant Survivors and Children

• Custody for Abused Immigrants: Tips, Tools and Best Practices (November 15, 2018)

VAWA Confidentiality, Discovery and Courthouse Enforcement

• Protections for Immigrant Survivors of Domestic and Sexual Violence Under the Violence Against Women Act Confidentiality Protections (October 22, 2018)
• Impact of DHS Enforcement Priorities on Courts: VAWA Confidentiality and Enforcement (August 21, 2018)
• VAWA Confidentiality: Understanding the Three Safeguards and Limited Discovery Exceptions When Advocating for Survivors in Family and Criminal State Courts (February 5, 2015)

Child Welfare Cases Involving Immigrant Families and Children

• NCJFCJ Improving Child Welfare Practice for Immigrant Victims of Domestic Violence (June 20, 2018)

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
• State courts and the Protection of Immigrant Crime Victims and Children (November 2013)
• Privacy Protections for Immigrants Applying for Public Benefits  

[1] This materials list includes publications issued by government agencies and materials produced by NIWAP in collaboration with national experts.  Each of the materials included in this list that was developed with support from government funders contains the relevant government agency’s disclaimers. Many of the 2012-2016 and 2020 materials on this list were developed under grants SJI 12-E-169, SJI 13-E-199, SJI 14-E-234, SJI 15-T-234, and SJI 20-E-005 from State Justice Institute. The points of view expressed are those of the authors  and do not necessarily represent the official position or policies of State Justice Institute.