Parents have a constitutional right to care and custody of their children regardless of the parent’s or the child’s immigration status. Despite this, perpetrators of domestic and sexual violence against immigrant victims with whom they have children in common frequently raise immigration status-related issues and provide courts with legally incorrect information to gain advantage in custody litigation. This webinar will discuss the most common immigration status-related myths that parties raise in contested custody cases. Faculty will provide legally correct and up-to-date information on immigration laws, and policies that counter abuser’s allegations and evidence-based research findings demonstrating how immigrant victims and their children thrive as victims receive the benefits of VAWA and U visa immigration relief.

Presenters will also discuss the best interest of the child in custody cases involving domestic violence survivors and how the trauma of domestic violence impacts the health, wellbeing, and brain development of children who witness domestic violence in their homes.  In addition, faculty will offer strategies to help immigrant survivors prevent parental kidnapping, provide for safer visitation, obtain custody orders in protection order cases, and secure child support orders.

Faculty Presenters:

• Leslye Orloff, Director, National Immigrant Women’s Advocacy Project (NIWAP), American University Washington College of Law
• Judge Rosemary Collins, (Ret.) 17^th Judicial Circuit Court, Domestic Violence Coordinated Courts (DVCC), Rockford, Illinois

Training Materials

PowerPoint Presentation: Child Custody and Immigration-Related Abuse: Myths and Best Practices (Dec. 13, 2021)

Recording: Both English and Spanish

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

NIWAP also offers technical assistance for judges and court staff. Find out how to receive NIWAP’s technical assistance from NIWAP’s experts, family law and judicial faculty here.  Please contact NIWAP for Technical Assistance by calling (202) 274-4457 or emailing us at info@niwap.org.

If you are a judge or judicial faculty, please consider joining our National Judicial Network. You can find more information about the National Judicial Network here.

You can also visit the family law issues section of NIWAP’s web library here.  

To receive updates, sign up for NIWAP’s outreach list. 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.

Webinars for Judges or Helpful to Judges and Family Lawyers

Custody, Immigrant Survivors and Children

• Custody for Abused Immigrants: Tips, Tools and Best Practices (November 15, 2018)
• When State Family Law and Federal Immigration Law Intersect: Promoting Access to the Courts and Just Outcomes for Immigrants for the New Mexico Judicial Education Center (September 25, 2017).

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)

Access to Public Benefits

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

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)
• NCJFCJ VAWA Confidentiality and Protections for Immigrant Victims of Domestic (October 31, 2017)
• VAWA Confidentiality Webinar (February 9, 2015)
• 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)
• What Courts Want to Know, What Role Can Courts Play Regarding Detained Immigrant Children and Parents (July 9, 2019)

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)

Special Immigrant Juvenile Status and U Visa Certification

• Special Immigrant Juvenile Status – Best Practices of Drafting Findings (May 14, 2019)
• NCJFCJ’s Break From the Bench: What a judge needs to know about…Responding to Immigrant Victims of Domestic and Sexual Violence
• U Visa Certifications and Special Immigrant Juvenile Status: The Judge’s Role – Webinar National Judicial College (Nov. 30, 2018 Webinar)

Family Law Cases: Special Issues for Immigrant Crime Victims and Children

Family Law Service of Process

• Family Law Service of Process and Jurisdiction Requirements Charts
• All State Services of Process and Jurisdiction Charts

Custody

• NIWAP Newsletter, Child Custody in Immigrant Families (November 15, 2018, Update October 27, 2021)
• Abigail Whitmore and Leslye E. Orloff, When Family and Immigration Laws Intersect: Case Law and Department of Homeland Security Policy Update (September 30, 2021) 
• Family Court Bench Card on Issues that Arise in Custody Cases Involving Immigrant Parents, Children, and Crime Victims 
• Best Interests of the Child Laws – State-by-State Comparison Maps and Charts
• 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**
  • Also available here
• Appendix Q: State by State Comparison of Best Interests of the Child Factors – Comparison Charts and Maps
• Immigration Status, Work Authorization, 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**
  • Fall 2016
  • Winter 2017
  • Also available here
• NIWAP October 2018 Custody Newsletter (October 19, 2018) 
• Border Crossings: Understanding the Civil, Criminal, and Immigration Implications for Battered Immigrants Fleeing Across State Lines with Their Children
• David B. Thronson, Custody and Contradictions: Exploring Immigration Law as Federal Family in the Context of Child Custody, 59 HASTINGS L.J. 453 (2008)

Child Development and Trauma

• Understanding the Significance of a Minor’s Trauma history in Family Court Rulings
• Vulnerable but not Broken: Psychosocial Challenges and Resilience Pathways in Unaccompanied Children from Central America 
• NIWAP Webpage, Significance of Trauma History of Minors (July 1, 2021) 
• 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)

Securing a Detained Parent’s Participation in Court Proceedings Involving Children

• How to Get a Detained Person to Court for Family Court Cases Involving Children and/or Criminal Proceedings
• DHS Detained Parent Directive
• DHS Fact Sheet ICE Policies and Procedures Involving Detained Parents and Legal Guardians

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
• Chapter 05.2: Ensuring Access to Protection Orders for Immigrant Victims of Family Violence
• Chapter 15: Jurisdictionally Sound 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
• Unintended Consequences: How Civil Protection Orders Affect Immigrants, Delaware Lawyer’s Magazine
• Creative Methods in Protecting Battered Immigrants
• Immigrant Victims of Interpersonal Violence and Protection Orders (2020)
• Battered Immigrant Women in the United States and Protection Orders: An Exploratory Research (2012)
• Use and Outcomes of Protection Orders by Battered Immigrant Women (2006)

Divorce

• Bench Card: Impact of Divorce on Immigration Status
• Immigration Concerns for Family Law Practitioners

Economic Relief

• State Court Bench Card: Immigration Victim’s Economic Remedies
• Immigration Status, Work Authorization, and Ability to Sponsor Children
• Providing Economic Relief for Immigrant Victims: Child Support and Spousal Support**
• Chapter 06.4: Ensuring Economic Relief for Immigrant Victims Through Family Law Proceedings: Child Support and Spousal Support

Affidavits of Support Enforcement in State Courts

• Affidavits of Support and Enforceability Bench Card (September 30, 2021)
• ‘Til Death Do Us Part: Affidavits of Support and Obligations to Immigrant Spouses
• Kumar v. Kumar Decision California Court of Appeals (2017)
• Amicus Curiae brief from National Immigrant Women’s Advocacy Project in Support of Appellant Ashlyne Kumar

Immigrant Children and Child Welfare Proceedings

Child Abuse, Neglect, Child Welfare and Termination of Parental Rights

• Protecting Parental Rights When the Immigrant Parent is Detained or Deported**
• Case of Maria L.**
• Fact Sheet on State v. Maria L.
• In Re Interest of Angelica L. and Daniel L. (N.W.2d)

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
• State-Funded Public Benefits Comparison Chart (July 22, 2021)
• Leslye E. Orloff, Annotated Statutes Related to Public Benefits Eligibility for Immigrant Survivors of Domestic Violence, Child Abuse and Human Trafficking (October 31, 2021)
• VAWA Public Benefits Eligibility Process: VAWA Self-petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation 
• U Visa Victims Benefits Eligibility Process (Bench Card) 
• Trafficking Victims Benefits Eligibility Process (Bench Card)
• Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS

Language Access

• Language Access General Materials (Updated June 18, 2019) 
• DOJ Letter to State Chief Justices and State Court Administrators on Access for Limited English Proficient Persons to State Court Proceedings
• Judicial Bench Card for Court Interpretation 
• Serving Limited English Proficient Immigrant Victims**
• Chapter 02: Ensuring Language Access to Immigrant Victims of Sexual Assault (2013)
• Chapter 1.4: Laws Governing Law Enforcement Agency Provision of Language Assistance to Limited English Proficient Persons

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  

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
• Immigration Relief for Abused Children
• Special Immigrant Juvenile Status: Information for Juvenile Courts
• Special Immigrant Juvenile Status: Information for Child Welfare Workers
• Center for Countering Human Trafficking (CCHT) Continued Presence Pamphlet
• USCIS Brochure: Female Genital Mutilation or Cutting

DHS Immigration Policies

• NIWAP, New Department of Homeland Security Policies Released 2021: Importance for Immigrant Survivors (October 14, 2021) 
• 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

Human Trafficking

• T-Visa Law Enforcement Resource Guide
• CCHT Continued Presence Resource Guide
• Blue Campaign: What You Can Do- Recognizing and Supporting Trafficking Victims in the Courtroom
• Sample Questions for Identifying a Trafficked/Enslaved Person
• Brochure: Continued Presence & Temporary Immigration Status for Victims of Human Trafficking  
• Blue Campaign: What Can You Do? (Judicial)
• “Crash” – DHS Blue Campaign Trafficking PSA (June 14, 2013)
• Human Trafficking and the T-Visa
• T-Visa Timeline with Background Checks
• Trafficking Social Science Research Data Sources Chart (January 25, 2021)
• Social Science Research on Human Trafficking Report (January 25, 2021)
• Approaches to Addressing Human Trafficking
• Definitions, Forms, and Dynamics of Human Trafficking
• DHS Continued Presence: Temporary Immigration Status for Victims of Human Trafficking
• Human Trafficking Assessment and Measurement Framework
• Identifying Cases that May Involve Human Trafficking
• Immigration Rights of Victims of Human Trafficking
• Characteristics of a State Court Focused Approach to Addressing Human Trafficking
• Infrastructure Required to Support Courts and Justice Partners in Human Trafficking Cases
• Dealing with Human Trafficking Victims in a Juvenile Case
• Human Trafficking Victims as Criminal Defendants

U and T Visa Certification

• U Visa Certification and T Visa Declaration Toolkit for Federal, State, and Local Judges, Commissioners, Magistrates, and other Judicial Officers (August 12, 2020)
• Model U and T Visa certification Protocol for State Courts (October 29, 2020)
• U Visa Quick Reference for Judges (October 14, 2020)   
• “U Visa Timeline with Background Checks With 2021 Bona Fide Policy” (March 29, 2019, Update September 15, 2021)
• T Visa Quick Reference Guide for Judges (October 14, 2020)
• U-Visa Application Flow Chart for Judges (October 14, 2020)
• T Visa Application Flow Chart for Judges (July 3, 2020)
• U Visa Protections for Family Members (July 3, 2020)
• T Visa Protections for Family Members (July 3, 2020)
• U-Visa: “Helpfulness” Checklist (October 21, 2019)
• DHS U and T Visa Law Enforcement Resource Guide (November, 2015)

Special Immigrant Juvenile Status, Child Abuse & Protective Battered Immigrant Parents

Full Training Manual

The Special Immigrant Juvenile Status Bench Book: A National Guide to Best Practice for Judges and Courts (April 2018)  

Selected Sections Most Relevant to State Family Law Cases

• Chapter IV – Application of the Best Interest of the Child Standard in SIJS
• Chapter V-2 – Civil Protection Orders Quick Reference Guide
• Chapter V-3 – Custody Quick Reference Guide
• Chapter VII – Service of Process in SIJS
  • Family Law Service of Process and Jurisdiction Requirements Charts
• Appendix E – Understanding the Significance of a Minor’s Trauma History in Family Court Rulings  (May 17, 2021)
• Appendix I – DOJ Language Access Letter to Courts
• Appendix K – State Law Definitions of Child Abuse
• Appendix L – Abandonment of Children Statutes Definitions
• Appendix M – State Law Definitions of Child Neglect
• Appendix N – Domestic Violence Includes Child Abuse and Child Neglect
• Appendix O – States Definitions of Child Endangerment as More Severe Than Neglect
• Appendix P – State Law Definitions of Forced Marriage as Child Abuse
• Best Interests of the Child – Maps and Comparison Charts
• Appendix Q – Best Interests of the Child Matrix
• Appendix Q-1 – Best Interests of the Child All Factors
• Appendix Q-2 – Best Interests – Catch All
• Appendix Q-3 – Best Interests – Child’s Family Relationships
• Appendix Q-4 – Best Interests – Child’s Needs
• Appendix Q-5 – Best Interests – Child’s Wishes
• Appendix Q-6 – Best Interests Continuity and Stability of Child Factor
• Appendix Q-7 – Best Interests of the Child – Family Violence
• Appendix Q-8 – Best Interests – Joint Custody
• Appendix Q-9 – Best Interests – Parental Cooperation Conflict
• Appendix Q-10 – Best Interests – Parental Fitness
• Appendix Q-11 – Best Interests – Parental Wishes
• Appendix Q-12 – Best Interests – Substance Abuse, Mental Illness, and Criminal History Factor
• Appendix R – Custody in Protection Orders Proceedings

VAWA Confidentiality

Bench Cards

• Family Court Bench Card on VAWA Confidentiality
• Bench Card: DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda: Information for State Court Judges

VAWA Confidentiality Statues, Regulations and Policies

Training Materials

• Three Prongs of VAWA Confidentiality
• 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)
• Utilizing VAWA Confidentiality Protections in Family Court Proceedings**

Statute, Regulations, Policies and DHS Publications

• Interlineated statute
• VAWA Confidentiality Statutes, Legislative History and Implementing Policy (2.23.17)

VAWA Confidentiality, Protected Areas, Sensitive Locations,  and Courthouse Enforcement Policies

• DHS FAQs Protected Areas and Courthouse Arrests (October 28, 2021)
• Civil Immigration Enforcement Actions in or near Courthouses (April 27, 2021)
• Civil Immigration Enforcement Actions Inside Courthouses (January 10, 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

VAWA Confidentiality and State Court Discovery

• 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
• Discovery and Use of Immigration Protected Information in Court Checklist (2019)

Screening Tools

• 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)

Access to Justice and Crime Victim Protections/Research Memos and Articles

• Transforming Lives Executive Summary – Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status (April 12, 2021)
• Transforming Lives Abstract, Conclusions, Recommendations – Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status (April 12, 2021)
• Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status (April 12, 2021)
• The Legacy of Racism for Children (July 1, 2020)**
• Promoting Access to Justice for Immigrant Crime Victims and Children: Findings of a National Judicial Survey and Recommendations (2018)
• David B. Thronson, Of Borders and Best Interests: Examining the Experiences of Undocumented Immigrants in U.S. Family Courts, 11 TEX. HISP. J.L. & POL’Y 45 (2005) (reprinted at 11 Bender’s Immigration Bulletin 7 (Jan. 1, 2006); reprinted at 27 IMMIGR. & NAT’LITY L. REV. (2007); reprinted in INTERNATIONAL FAMILY LAW (Ann Laquer Estin, ed., Elgar Publishing 2016))
• The Central Role of Victim Advocacy for Victim Safety While Victims’ Immigration Cases Are Pending (July 29, 2014)
• Protection Orders and Battered Immigrants: The Impact of Attorneys and Advocates (June 20, 2014)
• Early Access to Work Authorization For VAWA Self-Petitioners and U Visa Applicants (February 12, 2014)
• David B. Thronson, Choiceless Choices: Deportation and the Parent-Child Relationship, 6 NEV. L.J. 1165 (2006) (reprinted at 12 BENDER’S IMMIGRATION BULLETIN 167 (February 15, 2007); reprinted in JUSTICE, POLITICS AND THE FAMILY, Daniel Engster and Tamara Metz, eds., Paradigm Publishers 2013)).
• Prosecutorial Discretion: Certain Victim, Witnesses and Plaintiffs (June 17, 2011)

Bibliography

• Immigrant Crime Victims Legal Bibliography (2013)
• Immigrant Crime Victims Social Science Bibliography (2013)

^**If you have difficulty accessing this publication please contact for assistance NIWAP at (202) 274-4457 or info@niwap.org

This webpage and publication was also developed under grant number SJI-20-E-005 from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.