“Legal Protections When Child Victims Are Immigrants: The Judge’s Role”
June 20, 2019
Training Materials:
Download the training materials list here.
NIWAP offers a full library of SJI supported materials for courts at https://niwaplibrary.wcl.american.edu/training-manual-for-courts-table-of-contents/
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Technical Assistance Flyer:
NIWAP’s Technical Assistance Flyer describes the technical assistance and training offered to support advocates, attorneys, judges, police, prosecutors, and other professionals in their work with immigrant women, children, and crime victims.
Immigration Relief for Immigrant Crime Victims and Immigrant Children
Know Your Rights Information
- DHS Infographic: Protection for Immigrant Victims (January 12, 2017)
- Immigration Options for Victims of Crime -DHS Brochure
- 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
- Pathways to Immigration Relief for Children and Students
- Multilingual Know Your Rights Resources
Forms of Immigration Relief
- Family Court Bench Card on Immigration Rights of Battered Spouses, Children and Immigrant Crime Victims
- Bench Card: Overview of Types of Immigration Status
- Immigration Relief for Abused Children
- Blue Card: Screening for Victims Who Qualify for Immigration Protective Relief (Squad Car Screening Tool)
- Bench Card: DHS Enforcement Priorities Information for State Court Judges
- Courthouse Immigration Enforcement: Steps State Courts Are Taking (2018)
- Prosecutorial Discretion: Certain Victim, Witnesses and Plaintiffs
- 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)
- Glossary of Terms for Work with Immigrant Survivors
VAWA Self-Petition and Battered Spouse Waiver
- Introduction to VAWA Self-Petitioning and Flow Charts
- VAWA Self-Petitioning Flow Chart for Child Applicants
- Flowchart: VAWA Self-Petitioning Eligibility for Adults
- Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases
- Chapter 3.3 VAWA Self-Petition (2013)
- Good Faith Marriage in VAWA Self-Petitioning Cases
- Chapter 03.5: Additional Remedies Under VAWA: Battered Spouse Waiver
Abused Spouses of Work Visa Holders
U Visas
- DHS U and T Visa Law Enforcement Resource Guide for Federal, State, Local, Tribal and Territorial Law Enforcement, Prosecutors, Judges, and Other Government Agencies
- U-Visa Certification Tool Kit for Federal, State and Local Judges, Commissioners, and Magistrates (September 18, 2018)
- U Visa Quick Reference for Judges (September 4, 2018)
- U-Visa Flow Chart
- Department of Homeland Security: U Visa Immigration Relief for Victims of Certain Crimes: An Overview for Law Enforcement (February 2017)
- USCIS U Visa Certification Factsheet Q&A
- U-Visa: “Helpfulness” Checklist
- Promoting Access to Justice for Immigrant Crime Victims and Children: Findings of a National Judicial Survey and Recommendations
- Superior Court of California County of San Francisco Civil Division U-Visa Certification Protocol
- Model Policy for Interactions with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations
- Discussion Paper for Model Policy for Interactions with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations
- Chapter 10 U-Visas: Victims of Criminal Activity (2013)
- State U Visa Certification Laws
- Collection of U Visa News Articles
T Visas
- Human Trafficking and the T-Visa
- Sample Questions for Identifying a Trafficked/Enslaved Person
- Blue Campaign: What You Can Do- Recognizing and Supporting Trafficking Victims in the Courtroom
- DHS, Continued Presence Temporary Immigration Status for Victims of Human Trafficking
Child and Student Victims
- Pathways to Immigration Relief for Students
- Chapter 08: Immigration Relief for Child Sexual Assault Survivors
- Chapter 13: When Foreign Students or Their Family Members Are Sexually Assaulted: Immigration Implications of the Student and Exchange Visitor System
- Interim and Supportive Measures to Help and Protect Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking and Sexual Harassment (October 28, 2016)
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “F” Visa Holders (October 27, 2016)
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “J” Visa Holders (October 27, 2016)
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “M” Visa Holders (October 27, 2016)
- National Findings on University and College Responses to Foreign-Born Student Victims
Special Immigrant Juvenile Status
- Immigration Protection Screening Checklist: Special Immigrant Juvenile Status
- Immigration Relief for Abused Children (brochure)
- Special Immigrant Juvenile Status: Information for Juvenile Courts
- Special Immigrant Juvenile Status: Information for Child Welfare Workers
- 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
- USCIS Policy Manual Special Immigrant Juvenile Status (Dec 14 2016)
- Abused Abandoned or Neglected- Legal Options for Recent Immigrant Women and Girls (August 2016)
- 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 Issues in State Court Cases Involving Immigrant Children and Their Parents
Immigration Allegations in Custody Cases
- 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
- How to Get a Detained Person to Court for Family Court Cases Involving Children
- Obtaining Custody of Children for Battered Immigrants**
- Immigration Status: Work Authorization, Public Benefits 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**
- NIWAP October 2018 Custody Newsletter (October 19, 2018)
- Vulnerable but not Broken: Psychosocial Challenges and Resilience Pathways in Unaccompanied Children from Central America
- State by State Comparison of Best Interests of the Child Factors – Comparison Charts and Maps See Appendix Q of
- Understanding the Significance of a Minor’s Trauma history in Family Court Rulings
Immigrant Children and Child Welfare Proceedings
- State of Nebraska v. Maria L.
- Fact Sheet on State v. Maria L.
- Family Law Toolkit: Detention and Termination of Parental Rights
- 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
- The Impact of Immigration Enforcement on Child Welfare
Securing Attendance of a Detained Parent at Court
- How to Get a Detained Person to Court for Family Court Cases Involving Children
- DHS Detained Parent Directive
- DHS Fact Sheet ICE Policies and Procedures Involving Detained Parents and Legal Guardians
U Visa Certification and State Court Discovery
Criminal Cases
- What’s Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims
- VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information
- Certifying Early: When Should You Sign a U or T Visa Certification for a Victim?
- Quick Reference Guide for Prosecutors: U Visa and VAWA Confidentiality Related Case Law
Family and Civil Court Discovery
- Family Court Bench Card on VAWA Confidentiality
- VAWA Confidentiality Statutes, Legislative History and Implementing Policy (2.23.17)
- Three Prongs of VAWA Confidentiality
- Chapter 3 of Empowering Survivors: VAWA Confidentiality, History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections
- Utilizing VAWA Confidentiality Protections in Family Court Proceedings**
Public Benefits
Interactive Maps and State Charts
- Interactive Public Benefits Map
- All State Public Benefits Charts
- A Guide to Public Benefits Map for Immigrant Survivors of Crime
Bench Cards
- Family Court Bench Card on Immigrant Crime Victim Access to Public Benefits and Services
- Bench Card on Trafficking Victim Benefits Eligibility Process
- Bench Card on U Visa Victim Benefits Eligibility Process
- Bench Card on VAWA Public Benefits Eligibility Process
Tools and Training Materials
- 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
- Economic Relief and Public Benefits materials List – Multi-State Judicial Training (Albuquerque)
- Chapter 16: Access To Programs And Services That Can Help Victims of Sexual Assault
- Chapter 16.1 Appendix: HHS Funded Programs Open to All Immigrants
- Chapter 04.1: Access to Programs and Services that Can Help Battered Immigrants
- Chapter 04.2: Public Benefits Access for Battered Immigrant Women and Children
- Chapter 4.3 Barriers to Accessing Services: The Importance of Advocates Accompanying Battered Immigrants Applying for Public Benefits
Legal Services Corporation Funded Assistance for Immigrant Victims
- Legal Services Access for All: Implementing the Violence Against Women Act of 2005
- Permissibility of Providing Legal Services to Noncitizen Parents and Noncitizen Guardians of Children Seeking Special Immigrant Juvenile Status
- Webinar: “And Legal Services For All: New 2014 Legal Services Corporation Regulations Implementing VAWA 2005’s Immigrant Crime Survivors’ Access To Legal Services” (October 30, 2014)
Health Care
- Pre-Natal Care for Immigrant Victims – All States
- Post Assault Healthcare and Crime Victim Compensation for Immigrant Victims and Children– All States
- Emergency Medicaid for Immigrant Victims – All States
- Coverage for Forensic Costs for Immigrant Victims – All States
- Chapter 17: Access to Health Care for Immigrant Victims of Sexual Assault
- Domestic Violence Factsheet: HHS
Housing
Shelter and Transitional Housing
- Joint Agency Letter On Shelters and Transitional Housing (Web Page August 12, 2016)
- Webinar-Immigrant Crime Victim Access to Federally Assisted Housing (February 22, 2017)
- NIWAP, Brochure for Transitional Housing
- NIWAP, Fact Sheet: Immigrant Access to Emergency Shelter and Transitional Housing (Oct.23, 2016)
Public and Assisted