This multi-state Judicial Training Network training took place April 5-6, 2019 in New Orleans, Louisiana. Workshops covered the topics of SIJS, U-Visas, custody, protection orders, and public benefits and services.
PowerPoints and Training Materials
- New Orleans 2019 Multi-State Agenda
- Faculty Bios
- Kellogg Trainings and Publication Data Infographic
- Training Orientation PowerPoint
- SIJS Presentation PowerPoint
- VAWA Confidentiality and Courthouse Immigration Enforcement PowerPoint
- Civil Protection Orders and Immigrant Victims PowerPoint
- VAWA Confidentiality and State Court Discovery PowerPoint
- Access Exercise PowerPoint
- Access to Public Benefits PowerPoint
- Affidavits of Support and Divorce Cases PowerPoint
- U Visa Certification by Judges PowerPoint
- Lack of Language Access PowerPoint
Know Your Rights
- DHS-Interactive-Infographic-on-Protections-for-Immigrant-Victims
- DHS Immigration Options for Victims of Crimes
- Multilingual Materials for Victims and Advocates
- Pathways to Immigration Relief for Students
- Information on Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on Marriage-Based Visas
- USCIS Brochure for Victims: 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 for 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
SIJS Bench Book Table of Contents
- The Special Immigrant Juvenile Status Bench Book: A National Guide to Best Practice for Judges and Courts (April 2018)
- 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 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 Statutes, 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)
- 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 (September 2014)
Statute, 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)
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**
- 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 05.3: 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
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)
- Toolkit: Detention and Termination of Parental Rights
Immigrant Children and Child Welfare Proceedings
- 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
- The Impact of Immigration Enforcement on Child Welfare
Public Benefits and 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