Webinar 3 (May 27, 2021): “Legal Protections for Immigrant Children and Their Families”
This webinar will provide an overview of the protections available under federal immigration laws, federal and state public benefits law and state family laws for immigrant children who are abandoned or become victims of child abuse, child neglect, sexual assault, dating violence, stalking, or human trafficking. We will discuss how prosecutors, victim advocates, and child welfare staff can assist in identifying immigrant child victims of child abuse or neglect, and the critical role attorneys and advocates in providing or helping children obtain evidence that is a prerequisite for filing for immigration relief through U or T visa certification or Special Immigrant Juvenile Status (SIJS) predicate state court orders. In understanding how eligibility for immigration relief impacts cases victim advocates can help immigrant children access the public benefits safety net services they are legally eligible to receive. This webinar will provide participants will resources, tools, and links to helpful Department of Homeland Security brochures translated in various languages
Webinar 2 (May 13, 2021): “Legal Protections When Child Victims are Immigrants and When Children Have Immigrant Parents”
Description: This webinar will discuss the range of publicly funded victim and social services programs, legal assistance, and the wide range of services and assistance that are legally available to all victims of domestic violence, child abuse, and sexual assault, regardless of immigration status. As immigrant and Limited English Proficient (LEP) victims begin the process of applying for crime victim based immigration relief, their access to federal and state public benefits grows. The scope of public benefits an immigrant survivor or her children are eligible to receive vary based on the form of immigration relief the survivor is pursuing, the type of benefit they need, and the state in which the survivor resides. This webinar will discuss how having legally correct information about benefits and services immigrant survivors helps law enforcement and prosecutors in their work, as well as the benefits to investigations and prosecutions when victims are able to access the help they need. The presenters will lead interactive activities to build skills to identify the benefits for which immigrant victims qualify and teach best practices for accompanying immigrant survivors applying for benefits. This webinar will also discuss the range of publicly funded victim and social services programs, legal assistance, and the wide array of services and assistance that are legally available to all victims of domestic violence, child abuse and sexual assault without regard to immigration status, including legal services and assistance from police and prosecutors.
Webinar 1 (April 22, 2021): “The U Visa: A Tool to Support Victims, Communities, and Increase Participation in the Criminal Justice System”
Description: Immigrant victims of crime are often reluctant to call police for help. Victims of domestic violence and sexual assault are further challenged to participate in investigations and prosecutions where they experience immigration-related abuse and threats of deportation. This webinar will explain the intention behind the creation of the U Visa and detail the requirements of any application for immigration relief through the U Visa program. Presenters will provide strategies to improving victim participation by enhancing safety and security while minimizing barriers, fears, and misconceptions. The webinar will provide participants with access to toolkits, tools, and resources on the U Visa as well as other forms of immigration relief available to crime victims, as well as to the National Immigrant Women’s Advocacy Project web library, online webinars, and technical assistance.
Training Materials
Overview of Immigration Relief for Immigrant Crime Victims
- Blue Card: Screening for Victims Who Qualify for Immigration Protective Relief (Squad Car Screening Tool)
- Bench Card: Overview of Types of Immigration Status
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
Child Development and Victims of 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
- 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)
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
Child Welfare Cases Involving Immigrant Families and Children
- NCJFCJ Improving Child Welfare Practice for Immigrant Victims of Domestic Violence (June 20, 2018)
- The Special Immigrant Juvenile Status Bench Book: A National Guide to Best Practice for Judges and Courts (April 2018)
- Factors That Can Demonstrate That It is Not in a Child’s Best Interests to be Returned to Their Home Country (October 2018)
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
Public Benefits Access of Immigrant Victims
- Louisiana Public Benefits Chart
- Public Benefits Map
- All State Public Benefits Charts
- A Guide to Public Benefits Map for Immigrant Survivors of Crime
- State-Funded Public Benefits Comparison Chart (April 12, 2021)
- Public Benefits Bench Card
Public Benefits Webinars
- Immigrant Access to Federally Funded Housing Webinar: Collaboration with the National Housing Law Project
- Public Benefits and Services Legally Available to Immigrant Children and Victims – What Courts Need to Know?
- 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)
- Healthcare: Understanding the Affordable Care Act and How it Affects Immigrant Survivors
- Yes We Can!: Public Benefits for Immigrant Survivors
Legal Rights Overviews and Brochures
- Multilingual Materials for Victims and Advocates
- World Language Identification Guide: I Speak (Raksha)
- 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 Students (June 20, 2014)
Public Benefits and Services for Immigrant Victims of Domestic and Sexual Violence Bench Cards
- Public Benefits Flow Charts: VAWA Self-Petition and Cancellation, U-Visas, T-Visas and SIJS
- 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
Overviews and Chapters, Multiple Benefits
- Public Benefits Toolkit
- Economic Relief and Public Benefits Materials List
- 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
- Chapter 16.1 Appendix: HHS Funded Programs Open to All Immigrants
- Chapter 16: Access to Programs and Services That Can Help Victims of Sexual Assault
- 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 04.3: Barriers to Accessing Services: The Importance of Advocates Accompanying Battered Immigrants Applying for Public Benefits
CARES ACT and COVID-19 Related Resources Accessible to Immigrant Victims
- Immigrant Crime Victim Access to Relief during the COVID-19 Crisis under the CARES and FFCRA Acts (May 20, 2020)
- Healthcare Available to Immigrant Crime Victims During the COVID-19 Pandemic
- Resources to Support Immigrant Survivors of Domestic Violence and Sexual Assault During the COVID-19 Pandemic
- Disaster Housing Recovery Coalition: Frequently Asked Questions Eligibility for Assistance Based on Immigration Status (May 5, 2020)
- Safe Housing Partnerships: Federal Safe Housing Funding Resources – CARES Act (April 22, 2020)
- Safe Housing for Immigrant Survivors: Legal Resources
- Tenant Rights of Domestic Violence Survivors During COVID-19 (National Housing Law Project)
Public Charge and Immigrant Victims
- Public Charge Test for Benefits Flow Chart
- Infographic Public Charge Test for Housing Benefits (October 12, 2020)
- The Impact of the 2020 Public Charge Rule on Transitional Housing (July 9, 2020)
- Post-VAWA 2013: Immigrant Crime Victims and Public Charge
Only Certain Law Enforcement and Benefits Workers Under Limited
Non-Work Social Security Numbers
- Obtaining Non-Work Social Security Numbers Needed by VAWA Self-Petitioners to Maintain Public and Assisted Housing
- Request That SSA Issue A Non-Work SSN to a Benefits Eligible Immigrant (June 2014-Washington State Sample)
- Social Security Administration Program Operations Manual System (POMS) (July 2017)
- Triagency Letter: Citizenship Immigration Status and Social Security Numbers
- Evidence Checklists for Work with Immigrant Survivors –Includes Benefits and Non-Work Social Security Numbers
- Obtaining Non-Work Social Security Numbers
Legal Services Corporation Funded Assistance for Immigrant Victims
- Legal Services Access for All: Implementing the Violence Against Women Act of 2005
- 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)
- Immigrant Crime Victims and Public Charge: Post-VAWA 2013
- 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
- Public Benefits and Services Legally Available to Immigrant Children and Victims – What Courts Need to Know (April 18, 2019)
Screening Tools and Brochures for Immigrant Crime Victims
- 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)
- DHS Interactive Infographic on Protections for Immigrant Victims
- DHS Brochure: Immigration Options for Victims of Crime Link
- 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
- Blue Card: Screening for Victims Who Qualify for Immigration Protective Relief (Squad Car Screening Tool)
- Brochure: Continued Presence & Temporary Immigration Status for Victims of Human Trafficking
- 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)
- Sample Questions for Identifying a Trafficked/Enslaved Person
- USCIS 2010 Fact Sheet “Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the US and Facts about Immigrating on a Marriage-Based Visa”
Resources on U and T Visas Certification and Policy
- DHS: U and T Visa Law Enforcement Resource Guide
- U-Visa Toolkit for Law Enforcement Agencies and Prosecutors
- USCIS U Visa Certification Factsheet Q&A
- International Association of Chiefs of Police (IACP) 2018 Resolution on Education and Awareness of U and T Visa Certifications
- 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 Working with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations
- U Visa Legal Advocacy: Overview of Effective Policies and Practices
- Blue Campaign: What You Can Do- Recognizing and Supporting Trafficking Victims in the Courtroom
- DHS Policy Answers to Law Enforcement Reasons for Not Certifying
- U.S. Immigration and Customs Enforcement Memorandum on “Prosecutorial Discretion: Certain Victim, Witnesses and Plaintiffs”
- U Visa News Articles
- U-Visa Checklist: “Helpfulness”
- Glossary of Terms
- U Visa Certifications: Range of Potential Certifiers
- U-Visa Legal Advocacy: Overview of Effective Policies and Practices
- Press Release on the U Visa – Template
- U Visa Resource List
- U Visa Certification Tool Kit for Federal, State, and Local Judges, Commissioners, Magistrates, and Other Judicial Officers (2020)
- U-Visa Timeline with Background Checks
- Tip Sheet for Courts Developing U Visa Certification Protocols
- T-Visa Timeline with Background Checks
- U-Visa Flow Chart
- T-Visa Flow Chart
- U- Visa Protections for Family Members
- T-Visa Family Member Sponsors
List of State Specific U and T Visa Certification Laws
- U and T State Certification Laws
- U and T Visa Certifications and Certification Reporting Requirements in California
- Bench Card: U and T Visa Certification Reporting Requirements in California
Webinars on U Visa
- DHS Roll-Call Training Videos: DHS U and T Visa Training Videos
- The U Visa as a Crime-Fighting Tool: How Certification Improves Domestic and Sexual Violence Investigations and Prosecutions
- Assessing Helpfulness for Immigrant Crime Victims in Collaboration with Battered Women’s Justice Program (BWJP)
- Lessons Learned from Law Enforcement: How Collaborations That Result in U Visa Certifications Support Safer Communities
- Law Enforcement and Advocates Partnering to Better Serve Immigrant Crime Victims
- Law Enforcement Use of the U Visa (2011 Podcast)
- An Introduction to Law Enforcement Use of the U-Visa
- U Visa: Overview of Certification (In order to reach this module you will need to sign-in for free access to course)
- In Accordance with the Law: When Your Victim Witness Speaks Limited English
Prosecutor’s Tools Enhancing Work with Immigrant Crime Victims
- Quick Reference Guide for Prosecutors: U Visa and VAWA Confidentiality Related Case Law
- Certifying Early: When Should You Sign a U or T Visa Certification for a Victim?
- VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information
- What’s Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims
Publications Featuring U-Visa as a Crime-Fighting Tool
- Stories From the Field: The Crime Fighting Effectiveness of the U-Visa (August 27, 2020)
- The Importance of the U-Visa as a Crime-Fighting Tool for Law Enforcement Officials – Views from Around the Country
- Overcoming Fear and Building Trust With Immigrant Communities and Crime Victims (Police Chief Magazine April 2018)
- Protecting Our Communities and Officer Safety
- COPS Dispatch Article: The U-Visa: An important tool for Community Policing
- How Law Enforcement Is Using the U-Visa Practice Brief
- Promoting Access to Justice for Immigrant Crime Victims and Children: Findings of a National Judicial Survey and Recommendations
VAWA Self-Petition: Immigration Relief for Battered Spouses, Children, and Parents of U.S. Citizens and Lawful Permanent Residents
- 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
- Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases
- VAWA Self-Petitioning Introduction and Flow Charts
- VAWA Self-Petitioning Timeline with Background Checks
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)
- 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
Collaborations with Community Partners
- Immigrant and LEP Victims’ Access to the Criminal Justice System
- Building Trusting Relationships: A Guide for Advocates/Attorneys Working with Law Enforcement (LE) on U-Visa Certification Issues (Flow Chart)
- Multilingual Materials for Victims and Advocates
Resources for Improving Language Access and Compliance with Title VI
- Laws Governing Law Enforcement Agency Provision of Language Assistance to LEP Persons
- U.S. Department of Justice Sample Limited English Proficiency Guidelines from Office of Justice Programs “Center City Police Department”
- Are you Compliant with Title VI Self-Assessment Tool
- Why Using an Interpreter is Beneficial to Law Enforcement
- Language Identification Card – DeKalb County Magistrate Court’s Compliance Project, Caminar Latino, Men Stopping Violence, Raksha, Inc, Tapestri, Inc, and Women’s Resource Center to End Domestic Violence
- Questions to Use for Crime Scene Identification of Limited English Proficient (LEP) Persons
- Do’s and Don’ts to Help Identify LEP Persons
- Important Tips to Remember When Using an Interpreter
- NAJIT Code of Ethics and Professional Responsibilities
- Steps for Obtaining Interpreters
- Tips for Working Effectively with Telephone Interpreters
- 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**
- Code of Conduct for Court Interpreters- Washington State Interpreters Program
- State by State Demographics
Child Care
- Immigrant Crime Victim Child Care Access Chart
- Head Start Programs Memo
- Clarification of Interpretation of “Federal Public Benefit” regarding Child Care and Development Fund (CCDF) Services
Driver’s Licenses
- Driver’s License Documentation Requirements by State
- State-Funded Public Benefits Comparison Chart (April 12, 2021)
Education
- National Findings on University and College Responses to Foreign-Born Student Victims
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “M” Visa Holders
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “J” Visa Holders
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “F” Visa Holders
- Student Aid Eligibility – Title IV Aid for “Battered Immigrants-Qualified Aliens” as provided for in VAWA
- Federal Student Aid Handbook – Immigration Status Eligible Students
- Chapter 13: When Foreign Students or Their Family Members Are Sexually Assaulted: Immigration Implications of the Student and Exchange Visitor System
Health Care
- State-Funded Public Benefits Comparison Chart (April 12, 2021)
- Healthcare Access for Immigrants who are NOT Eligible to Access the Healthcare Exchanges
- Immigrants’ Access to Programs and Services Necessary to Protect Life and Safety and Post-Assault 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)
- HUD-HHS-DOJ Letter Regarding Immigrant Access to Housing and Services
- HUD, SNAPS, The Personal Responsibility and Work Opportunity Act of 1996 and HUD’s Homeless Assistance Programs (Aug. 16, 2016)
- NIWAP, Brochure for Transitional Housing
- NIWAP, Fact Sheet: Immigrant Access to Emergency Shelter and Transitional Housing (Oct.23, 2016)
Housing – Public and Assisted
- Access to Public and Assisted Housing VAWA Self-Petitioners –Webpage (January 26, 2017)
- HUD, Memo for Secretary Julian Castro from Tonya Robinson, Acting General Counsel re: Eligibility of Battered Noncitizen Self-Petitioners for Financial Assistance Under Section 214 of the Housing and Community Development Act of 1980 (Dec. 15, 2016)
- HUD, Notice PIH 2017-02 (HA), Violence Against Women Act (VAWA) Self-Petitioner Verification Procedures (Jan. 19, 2017)
- NHLP, Memo: HUD Housing Covered by Section 214 of the Housing and Community Development Act
- NHLP, Chart on Federally Assisted Housing and Immigrant Eligibility (Jan. 2018) https://niwaplibrary.wcl.american.edu/pubs/nhlp-federally-assisted-housing-and-immigrant-eligibility-jan-2018-1/
- NIWAP, How to Advocate for Public and Assisted Housing for Your Battered Immigrant or Trafficking Survivor Client (Feb. 8, 2017)
- NIWAP & Legal Momentum, HUD Programs and Immigrant Eligibility, Chapter 16.2 (Feb. 8, 2017)
Low-Income Home Energy and Weatherization Assistance Programs
SNAP- Food Stamps
- State-Funded Public Benefits Comparison Chart (April 12, 2021)
- Supplemental Nutrition Assistance Program (SNAP): Guidance on Non-Citizen Eligibility
TANF