Training Materials

PowerPoint Presentation

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
• USCIS Brochure: Female Genital Mutilation or Cutting

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)

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)
• Glossary of Terms for Work with Immigrant Survivors

Access to Justice and Crime Victim Protections

• On Their Own by Lauren Villagran for Searchlight New Mexico (June 4, 2019)  
• ICE Memo April 2019 Memo on Crime Victims  
• Prosecutorial Discretion: Certain Victim, Witnesses and Plaintiffs  
• US DOJ Memo Case Processing Priorities 01 31 2017  
• The Central Role of Victim Advocacy for Victim Safety While Victims’ Immigration Cases Are Pending
• Protection Orders and Battered Immigrants: The Impact of Attorneys and Advocates  
• Promoting Access to Justice for Immigrant Crime Victims and Children: Findings of a National Judicial Survey and Recommendations

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)

SIJS Bench Book Table of Contents

• Chapter I – Introduction to Special Immigrant Juvenile Status  
• Chapter II – Details About Special Immigrant Juvenile Status (SIJS) Findings
• Chapter III – Abuse, Abandonment, or Neglect – The Role of State Law Definitions in Special Immigrant Juvenile Status Findings
• Chapter IV – Application of the Best Interest of the Child Standard in SIJS
• Chapter V-1 – Adoption Quick Reference
• Chapter V-2 – Civil Protection Orders Quick Reference Guide
• Chapter V-3 – Custody Quick Reference Guide
• Chapter V-4 – SIJS in Declaratory Judgment Cases Quick Reference 
• Chapter V-5 – Delinquency Quick Reference  
• Chapter V-6 – Dependency Quick Reference  
• Chapter V-7 – Guardianship Quick Reference  
• Chapter V-8 – Paternity Quick Reference Guide  
• Chapter VI – Inadmissibility in SIJS  
• Chapter VII – Service of Process in SIJS
• Appendix A – SIJS Statutory and Regulatory Provisions
• Appendix B – SIJS Legislative History
• Appendix C – TVPRA-SIJ Neufeld Memo
• Appendix D1 – USCIS SIJS Policy Manual Full – Vol 6
• Appendix D2 – USCIS SIJS Policy Manual Full – Vol 7
• Appendix E – Understanding the Significance of a Minor’s Trauma History in Family Court Rulings
• Appendix F – DHS Interactive Infographic on Protections for Immigrant Victims
• Appendix G – DHS Immigrants Options for Victims of Crime (English)  
• Appendix H – DHS SIJS Brochure
• Appendix I – DOJ Language Access Letter to Courts  
• Appendix J – Types of Proceedings SIJS Findings  
• 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
• 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  
• Appendix S – Using Declaratory Judgment in Family Law Matters
• Appendix T – Declaratory Judgments – Cases By Topic & State  
• Appendix U – SIJS and State Declaratory Judgment Statutes – State by State
• Appendix V – Guardianship Appointment of Guardian Chart  
• Appendix W – When Guardianship Terminates  
• Appendix X – SIJS Case Law Chart  
• Appendix Y – States with Rules Identical to FRCP 4  
• Appendix Z – Glossary of Terms for Work with Immigrant Survivors  

SIJS Training Materials

• New Practice Advisory on Special Immigrant Juvenile Status Applications Published: Additional Information for Judges and Attorneys
• 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)**  
• Special Immigrant Juveniles- Memorandum #2: Clarification of Interim Field Guidance
• Grounds of Inadmissibility for Special Immigrant Juveniles
• Webinar: Special Immigrant Juvenile Status – Best Practices of Drafting Findings

U and T Visa Certification

• DHS U and T Visa Law Enforcement Resource Guide  
• DHS Policy Answers to Law Enforcement Reasons for Not Certifying
• U Visa Certification Tool Kit for Federal, State, and Local Judges, Commissioners, and Magistrates
• U Visa Quick Reference for Judges (September 4, 2018)
  • U-Visa Flow Chart
  • U-Visa: “Helpfulness” Checklist
  • USCIS U Visa Certification Factsheet Q&A  
  • Collection of 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)
• Bench Card: DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda: Information for State Court Judges
• Understanding the Judicial Role in U-Visa Certification, American Journal of Family Law
• New U and T Visa Application and Certification Forms (January and February 2017)
• Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (National)
• Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (Minnesota)
• U Visa Certification by Judges: Minnesota Board of Judicial Standards Opinion
• National Survey on Types of Criminal Activities: Experienced By U-Visa Recipients
• Expert Advice for Judges: How to Handle U Visa Certification Requests (Webinar)
• State U Visa Certification Laws

Forms and Instructions

• DHS: Instructions for Form I-914, Supplement B
• DHS: Form I-914, Supplement B for T visa Endorsement
• DHS: Instructions for Form I-918, Supplement B, for U visa Certification
• DHS: Form I-918, Supplement B, for U visa Certification
• T Visa Declaration (Certification) I-914 Supplement B Instructions (January 18, 2017)
• T Visa Declaration (Certification) Form I-914 Supplement B (January 18, 2017)

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

• 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)
• Chapter 3.2: VAWA Confidentiality and Breaches of Confidentiality  
• Chapter 3: VAWA Confidentiality, History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections
• Utilizing VAWA Confidentiality Protections in Family Court Proceedings**  
• Protecting Immigrant Victims: VAWA Offers Immigration Protections for Sexual Assault Victims
• Newsletter on VAWA Confidentiality

Statutes, Regulations, Policies and DHS Publications

• 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 VAWA Confidentially Violation Investigations

• Memorandum: Non-disclosure and Other Prohibitions Relating to Battered Aliens: IIRIRA §384  
• Executive Office of Immigration Review EOIR: VAWA Confidentiality Procedures for Immigration Court

VAWA Confidentiality and Courthouse Enforcement Policies

• 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
• VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information
• Quick Reference Guide for Prosecutors: U Visa and VAWA Confidentiality Related Case Law  

Webinars

• Impact of DHS Enforcement Priorities on Courts: VAWA Confidentiality and Enforcement” (Webinar) (August 21, 2018)
• VAWA Confidentiality Webinar (February 9, 2015)

Criminal Court Cases Involving Immigrant Victims

• What’s Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims
• Certifying Early: When Should You Sign a U or T Visa Certification for a Victim?
• Overview of Immigration Consequences of State Court Criminal Convictions
• Good Moral Character: Assessment Tool

VAWA Self-Petition

• Introduction to VAWA Self-Petitioning and Flow Charts  
  • VAWA Self-Petitioning Flow Chart for Child Applicants
  • Flowchart: VAWA Self-Petitioning Eligibility for Elder Abuse Survivors
  • Flowchart: VAWA Self-Petitioning Eligibility for Adults
  • Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS
• 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

Human Trafficking

• 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
• 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
• Working with Human Trafficking Victims in a Juvenile Case
• Human Trafficking Victims as Criminal Defendants

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 1.4: Laws Governing Law Enforcement Agency Provision of Language Assistance to Limited English Proficient Persons

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

Custody

• Bench Card: Impact of Divorce on Immigration Status  
• 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  
• 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
• 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
• NIWAP October 2018 Custody Newsletter (October 19, 2018)  

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

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  

Economic Relief

• Immigration Status, Work Authorization, and Ability to Sponsor Children
• Providing Economic Relief for Immigrant Victims: Child Support and Spousal Support**  
• Immigration Concerns for Family Law Practitioners  https://niwaplibrary.wcl.american.edu/pubs/family-law-journal-immigration-concerns-for-family-   law-practitioners/

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

• Protecting Parental Rights When the Immigrant Parent is Detained or Deported**  https://www.civicresearchinstitute.com/online/article.php?pid=6&iid=1270
• Case of Maria L.**  https://www.civicresearchinstitute.com/online/article.php?pid=6&iid=1269
• Fact Sheet on State v. Maria L.  https://niwaplibrary.wcl.american.edu/pubs/fact-sheet-state-v-maria/
• In Re Interest of Angelica L. and Daniel L. (N.W.2d)  https://niwaplibrary.wcl.american.edu/pubs/nebraska-advance-sheets/
• Toolkit: Detention and Termination of Parental Rights  https://niwaplibrary.wcl.american.edu/pubs/terminationofparentalrightsindetention/

Immigrant Children and Child Welfare Proceedings

• American Bar Association: Immigration in Child Welfare System Case Studies
• Guide for State Courts in Cases Involving Unaccompanied Immigrant Children
• Unaccompanied Immigrant Children And The State Courts
• HHS: Immigration and Child Welfare
• Immigrant Families and Child Welfare Systems: Emerging Needs and Promising Policies
• NCJFCJ Improving Child Welfare Practice for Immigrant Victims of Domestic Violence (Webinar)
• NCJFCJ Deportation and Children  
• SYNERGY: National Council of Juvenile and Family Court Judges, Intersection of Immigration Enforcement and the Child Welfare System
• NCJFCJ: The Impact of Immigration Enforcement on Child Welfare  

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  
• 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)  
• Joint Agency Letter on Shelters and Transitional Housing  
• Access to Publicly Funded Legal Services for Battered Immigrants  
• Advisory Opinion 2016-002: Providing Legal Services for Children Seeking Special Immigrant Juvenile Status
• 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

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