This article is from Family Law Quarterly, Vol. 47. No. 2 (Summer 2013). It is designed to provide accurate information about current immigration laws and policies to family court judges and attorneys representing immigrant parents, to counter efforts by litigants in family court to raise immigration status of an opposing parent to gain advantage in a […]
Manual: Training Manual for Courts
Training manual for judges, magistrates, commissioners, and court personnel on the legal rights of immigrant victims of domestic violence, sexual assault, child abuse, elder abuse and human trafficking. These materials also address issues that arise in state court cases involving immigrant children and immigrant parents. Included in these training materials are the U visa certification toolkit for courts.
*Out of the Shadows (DHS Blue Campaign PSA)
This PSA was developed by the Department of Homeland Security for its Blue Campaign, which fights human trafficking. Please share widely! The link address is: https://youtu.be/yKQSXv5Efvg
*SJI-Training Manual for Courts Table of Contents
For More Up To Date Material go to our SJI and National Judicial Network Training Materials Page This folder contains bench cards, charts, and other tools to assist courts and judges in cases involving immigrant parties, victims and witnesses. Training manual for judges, magistrates, commissioners, and court personnel on the legal rights of immigrant victims […]
*Spouses Battered or Subjected to Extreme Cruelty by A, E (3), H or G Visa Holders Are Eligible to Apply for Work Authorization (February 14, 2017)
February 14, 2017 Announcement from NIWAP and Raksha USCIS is now accepting employment authorization applications from abused immigrant spouses of H, G, A and E (3) visa holders. The Violence Against Women Act of 2005 amended Section 106 of the Immigration and Nationality Act to provide access to legal work authorization for abused spouses of […]
[pdf] *State Courts and the Protection of Immigrant Crime Victims and Children (+)
Proposal for Judicial Training available from NIWAP for in-person training of state court judges, magistrates, commissioners and court staff. Formats available: full day, half day, workshop and/or plenary presentation. As the numbers of linguistic and cultural diverse foreign-born individuals living in the U.S. has increased, state courts are being called upon to serve greater numbers of families that include immigrant family members. Family courts are seeing growing numbers of immigrants seeking civil protection orders, custody, child support, divorce, U visa certification, and judgments in a range of proceedings particularly those involving children. To issue rulings that promote justice and fairness in cases involving immigrants, courts need access to legally correct information about immigration laws and Department of Homeland Security policies. This training will provide judges, court staff, attorneys and service providers with tools, bench cards, and materials containing up-to-date, legally correct information on current DHS policies, immigration enforcement priorities, and immigration relief that provide protection from deportation, legal immigration status and work authorization for immigrant children and immigrant for victims of domestic violence, child abuse, elder abuse, sexual assault, human trafficking and other crimes. The special role Congress created for judges in issuing U visa certifications and public benefits open to immigrants will also be discussed. Materials related to this training can be found at: niwap.org/go/sji
*Understanding the Judicial Role in U Visa Certification
This article is from American Journal of Family Law, Vol. 31, No. 4 (Winter 2018). It discusses the role of judges as U visa certifiers, as outlined in the Violence Against Women Act of 2000. This article can be accessed through Wright’s Media at 1-877-652-5295 or go to the Wright’s Media website. If you would like NIWAP to […]
[pdf] Access to Publicly Funded Legal Services for Immigrant Survivors (2014) (+)
In 2014, the Legal Service Corporation (LSC) issued regulations confirming that all immigrant crime victims are legally eligible for LSC funded legal services under anti-abuse regulations. This brochure discusses immigration status based eligibility as well as eligibility under anti-abuse laws. It provides advocates with a guide to immigrant crime victim access to LSC funded legal services, including an illustration on how VAWA, U-visa, and trafficking victims become eligible for LSC representation.
[pdf] Addressing Immigration in the State Courts (+)
This article presents the initial findings from an ongoing State Justice Institute sponsored effort now being conducted by the Center for Public Policy Studies in cooperation with three learning site trial courts to identify the challenges and opportunities state courts need to address when dealing with immigration in the courts, and subsequently develop effective responses that can be used in trials courts and state court systems across the nation.
[pdf] All DHS Directive on Implementation of Section 1367 Information Provisions (November 1, 2013) (+)
Department of Homeland Security directive on agency wide implementation of Section 1367 VAWA confidentiality provisions.
[pdf] Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases (September 12, 2015) (+)
This document details the range of behaviors that would constitute “battery or extreme cruelty” used by the Department of Homeland Security (DHS) and draws examples from decisions state court judges deemed abusive/domestic violence in granting civil protection orders and determining of family violence in family law cases.
[pdf] Bench Card for State Court Judges on Common Issues that Arise From Parties’ Immigration Status: Economic Remedies (March 10, 2022) (+)
This bench card provides information for state court judges on issues unique to immigrants, such as: eligibility to work, eligibility to receive benefits and services, the impact of Individual Tax Identification Numbers (ITINs) and use of immigration affidavits of support in family and juvenile court proceedings and mandatory detention. The purpose of this bench card is to provide a quick reference and to help judges identify immigration issues that might affect the range of outcomes available in cases before them. The information contained in this bench card provides accurate information on work authorization, benefits access, assurances made to the Department of Homeland Security (DHS) regarding support of family members, and information about immigrants who will be paying taxes and be able to submit tax returns to the court.
[pdf] Bench Card on Immigrant Crime Victim’s and Immigrant Children’s Access to Public Benefits and Services (December 31, 2021) (+)
This bench card provides an outline for judges of the publicly funded state and federal public benefits and services that are open to all immigrants without regard to immigration status. The bench card then describes at what points in an immigrant victim, child or other litigant’s immigration case process they gain again access to a broader range of state and federal public benefits including subsidized health care, food stamps, TANF, housing, post-secondary educational grants and loans and a wide range of other benefits. Having a list of which immigrant qualify for which benefits and services will help judges craft court orders in cases involving immigrnat children, crime victims and their families.
[pdf] Bench Card on Immigration Relief for Battered Spouses, Children, and Immigrant Crime Victims (December 31, 2021) (+)
This bench card provides an overview of immigraiton options for immigrant victims of domestic violence, child abuse, sexual assault, human trafficking, stalking and other crimes. It covers VAWA, battered spouse waiver, Special Immigrant Juvenile Status, U and T visas, continued presence and work authorization for abused spouses of visa holders. For each it provides an overview or eligibility and how each form of immigration relief helps victims.
[pdf] Bench Card on Violence Against Women Act (VAWA) Confidentiality (December 3, 2021) (+)
An overview of federal immigration VAWA confidentiality laws for state family/civil court judges.
[pdf] Bench Card Trafficking Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)
This Benchcard discusses the qualifications for Continued Presence status, how to apply for and obtain Office of Refugee and Resettlement benefits eligibility based on Continued Presence, qualifications for T-Visa status, how to apply for a T-Visa, and how to receive benefits after receiving Continued Presence status or a T-Visa. It also outlines the federal and state public benefits and other government-funded programs available to trafficking victims as well as the eligibility period.
[pdf] Bench Card: Overview of Types of Immigration Status (April 21, 2022) (+)
This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.
[pdf] Bench Card: U-Visa Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)
This benchcard discusses the eligibility requirements to qualify for a U-Visa, the application procedure for U-Visas, and possible benefits for which approved U-Visa applicants may be eligible.
[pdf] Bench Card: VAWA Immigration and Public Benefits Eligibility Process: VAWA Self-petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation, and Battered Spouse Waiver Applicants (December 31, 2021) (+)
This Bench Card contains information on the VAWA public benefits eligibility process, including the following: immigration status qualification requirements, VAWA cancellation of removal and suspension of deportation, battered spouse waiver, and how to become a “qualified immigrant” who is eligible to receive federal and state public benefits.
[pdf] Blue Campaign: What Can You Do? (Judicial) (+)
USICIS factsheet on recognizing and supporting trafficking victims in the courtroom.
[pdf] Chapter 1.4: Laws Governing Law Enforcement Agency Provision of Language Assistance to Limited English Proficient Persons (+)
Outline with links of laws governing law enforcement agency provision of language assistance to limited English proficient (LEP) individuals.
[pdf] Chapter 1.6: Working Effectively with Telephone Interpreters (+)
This brief guide provides law enforcement officers with useful information when using telephone interpreters to communicate with persons who are limited English proficient (LEP).
[pdf] Collection of U-Visa News Articles (November 7, 2017) (+)
A list of news articles intended as references to assist law enforcement, prosecutors, judges and other U visa certifiers to better understand the U visa program and their role as U-visa certifiers.
[pdf] Common Immigration Issues that Arise in Custody Cases Involving Immigrant Crime Victims and Their Children (+)
This helpful reference covers topics, such as the role of immigration status in custody cases, immigration relief for immigrant crime victims, and common immigration status misconceptions that arise in custody cases.
[pdf] Comparing Forms of Immigration Relief for Immigrant Victims of Crime (+)
This chart has been developed as a tool to help advocates, attorneys, judges, law enforcement and other professionals to promote a basic understanding of how various forms of immigration relief available to help immigrant crime victims and children differ. The chart compares eligibility requirements, access to employment authorization and lawful permanent residency, and the application process.
[pdf] Comparison Chart of U and T Visas (+)
A comparison chart of U and T visa eligibility, benefits, and process.
[pdf] Comparison Chart of U Visa, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA) (+)
A comparison chart of U Visa, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA).
[pdf] Comparison Chart of VAWA and U visa Immigration Relief (+)
Comparison Chart of VAWA and U visa Immigration Relief.
[pdf] Comparison Chart of Violence Against Women Act (VAWA) Self-Petitioning, U visa, and Special Immigrant Juvenile Status (SIJS) (2015) (+)
This chart compares forms of crime victim based immigration relief for immigrant children. It covers VAWA self-petitioning for child abuse victims, the U visa for child victims of child abuse, sexual assault and other forms of criminal activity and special immigrant juvenile status available for children who have been abused, abandoned or neglected by one or both of their parents. The chart compares eligibility for immigration relief, the immigration relief process, timing of access to lawful permanent residency and access to public benefits and services among these three forms of immigration relief.
[pdf] Court Rulings Confirm Federal VAWA Confidentiality Protections Bar Discovery of VAWA Confidentiality Protected Information in State Family Court Proceedings (+)
This factsheet provides an introduction to VAWA confidentiality, an overview of the decisions in Hawke v. United States Department of Homeland Security and Demaj v. Sakaj, and implications of the Hawke and Demaj decisions in state family court cases.
[pdf] Creative Methods in Protecting Battered Immigrants (+)
Battered immigrants often require additional protection to address specific needs sensitive to the particular dynamics of power and coercive control in the abusive relationship where the abuser is the only pathway to lawful immigration status. This chart offers creative filings that a victim may consider based on the specific behavior she wants to deter. This document will be particularly helpful to advocates and attorneys representing battered immigrants, and to judges looking to familiarize themselves with possible remedies in such cases.
[pdf] Department of Homeland Security Policy Answers to Law Enforcement Reasons for Not Certifying (+)
This document presents a list of many questions frequently asked by government agencies considering U visa certification. For each of the often reported reasons that agencies provide for not certifying the documents lists provides correct information in response to that question based on citations to information from published DHS policies, publications, regulations, regulatory history, statutes, roll call videos and training materials.
[pdf] Department of Homeland Security: Civil Rights Complaint Form (+)
The purpose of this form is to assist you in filing a civil rights/civil liberties complaint with the Department of Homeland Security (DHS) Office for Civil Rights and Civil Liberties (CRCL) regarding DHS programs and activities. This form is not intended to be used for complaints about employment with DHS. You are not required to use this form to file a complaint; a letter with the same information is sufficient. However, if you file a complaint by letter, you should include the same information that is requested in the form.
[pdf] Department of Homeland Security: U Visa Immigration Relief for Victims of Certain Crimes: An Overview for Law Enforcement (February 2017) (+)
The U.S. Department of Homeland Security published a tool that provides an overview for law enforcement and other government agencies (including judges) authorized by the U Visa statutes, regulations and policies to sign U visa certifications. The overview describes the role of a certifier, what constitutes U Visa criminal activity, which government agencies are eligible to certify, who can sign a certification, when a certification may be signed, tips for completing the certification, and includes phone numbers, websites and resources available to assist certifiers from DHS and United States Citizenship and Immigration Services.
[pdf] DHS Broadcast Message on New 384 Class of Admission Code (December 1, 2010) (+)
Broadcast from the Department of Homeland Security to DHS personnel on the creation of the Class of Admission “384” code in the Central Index System, that alerts personnel of an immigrant victim who is protected by VAWA confidentiality protections.
[pdf] DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda Information for State Court Judges (December 27, 2021) (+)
The purpose of this bench card is to inform courts about DHS protections available to all immigrants who are litigants, crime victims, children or witness in court proceedings from immigration enforcement at courthouses. The bench card provides an overview of the forms of immigration relief created for immigrant survivors of crime and/or abuse, outlines DHS enforcement priorities, discusses how prosecutorial discretion will be exercised, describes which parents, children, family members, guardians, and other litigants will and will not likely be subject to immigration enforcement, discusses policies governing enforcement of civil immigration laws at courthouses, and presents information locations protected from immigration enforcement that will be useful to state court judges drafting visitation exchange, protection orders, criminal case bond orders and range other court orders.
[pdf] DHS Proteccions Para Las Víctimas Inmigrantes (Protections for Immigrant Victims)(Marzo 1, 2017) (+)
El Departamento de Seguridad Nacional ha producido una infografía que provee un resumen de protecciones legales para víctimas de crimen quien son adultos y niños. Esta infografía provee protección sobre inmigración para víctimas que sufren abuso en los estados unidos y/o en el extranjero. Las formas de alivio son: VAWA auto petición, Visa U, Visa T, Presencia Continua, Estado Especial de Inmigrante Juvenil (SIJS) y Asilo. Esta infografía tiene enlaces al sitio de web de DHS con materiales de entrenamiento e información sobre estos programas, formas de aplicaciones e instrucciones producido por el gobierno.
[pdf] DHS PROTEÇÕES PARA VÍTIMAS IMIGRANTES – (Protections for Immigrant Victims) [pdf] (+)
O Departamento de Segurança Interna produziu uma infográfico que fornece um resumo das proteções legais para vítimas de crimes que são adultos e crianças. Este infográfico fornece proteção de imigração para vítimas de abuso nos Estados Unidos e / ou no exterior. As formas de alívio são: VAWA, visto U, visto T, presença contínua, status […]
[pdf] DHS Protections for Immigrant Victims – Chinese (+)
DHS Protections for Immigrant Victims – Chinese 对遭受犯罪行为侵害的移民的保护
[pdf] DHS U and T Visa Law Enforcement Resource Guide Updated November 30, 2015 (+)
Updated November 30, 2015, the Department of Homeland Security published an updated resource guide to clarify and further explain the role of certifying agencies in the U and T visa application process. This guide addresses concerns, answers common questions, and provides accurate information on signing I-918B and I-914B forms for federal, state, local, tribal, and territorial law enforcement, prosecutors, judges, and other government agencies qualified to sign U visa certifications such as the EEOC, federal and state labor departments, adult and child protective services, and any other eligible agencies that have criminal, civil, or administrative investigative or prosecutorial authority. The guide provides information on what U and T visas are, discusses U visa qualifying criminal activities and severe forms of trafficking in persons, explains the standard for “helpfulness” and “reasonable request for assistance”, and has many more important tips and information about the U and T visa.
[pdf] DHS-Recognizing-Human-Trafficking-Victims-in-the-Courtroom (+)
This pamphlet developed by the Department of Homeland Security’s Blue Campaign provides tips for judges that can assist courts in identifying immigrant victims of human trafficking who appear before courts in a variety of judicial proceeding. This document also includes DHS recommendations for what steps courts can take when a judge or court staff identify a suspected trafficking victim.
[pdf] Do you have problems at home? (July 16, 2015) (+)
This booklet explains the legal rights of immigrant victims of family violence including domestic violence, child abuse and elder abuse.
[pdf] Effects of Arizona v. U.S. on the Validity of State Immigrant Laws (+)
Summary of the effects of Supreme Court decision on Arizona state law cutting access to programs, benefits, and services to non-citizens, which were challenge don the grounds that the state could not enact laws that regulated an area that has traditionally been regulated by the Federal Government.
[pdf] Eligibility Under the Affordable Care Act for Survivors of Domestic Violence, Trafficking, and Other Serious Crimes (+)
Eligibility Under the Affordable Care Act for Survivors of Domestic Violence, Trafficking, and Other Serious Crimes. As immigrant crime victims apply for legal immigration status under forms of immigration relief designed for immigrant crime victims, their access to health care and other public benefits grows. Which benefits a victim will qualify for will depend on the type of immigration status the victim is pursuing or has been granted. This document provides an overview of which immigrant victims become eligible for which benefits when in the process after filing for legal immigration status. Once an immigrant is considered to meet the federal law definition of lawfully present, they are eligible to purchase health care insurance via the exchange and become subject as well to the tax consequences of the individual mandate.
[pdf] Escorting Detained Parents and Other Immigrants to Court (2010) (+)
This letter used together with the ICE Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies (also included in this library) describes the system for securing attendance at court hearings for immigrants in ICE immigration detention. For parents in immigration detention this letter and the Non-Medical Emergency escort policy has been replaced by the 2013 Parental Interest Directive (also included in this library). This letter and the Non-Medical Emergency escort policy will have continued availability for use by courts and attorneys seeking to have detained immigrants appear in court for proceeding that do not involve children.
[pdf] Executive Summary: Blue Campaign Stakeholder Meeting with Senior Counselor Alice Hill (+)
On December 10, 2010, Alice Hill, Senior Counselor to the Secretary of Homeland Security, hosted a meeting with stakeholders in the fight against human trafficking. The meeting was the second stakeholder meeting of the DHS Blue Campaign to combat human trafficking, launched in July of 2010. The Blue Campaign’s mission is “To harness the authorities and resources of the Department of Homeland Security to deter human trafficking by increasing awareness, protecting victims, and contributing to a robust criminal justice response.” The meeting focused on current projects of the Blue Campaign as well as future deliverables. Invitees included representatives from throughout the federal government, state and local law enforcement, non-governmental organizations, foreign governments, the United States Congress, the private sector, and the general public.
[pdf] Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities (August 23, 2013)(Superseded by ICE Detained Parents Directive 2017) (+)
ICE Directive complementing and building upon policy memoranda and enforcement priorities to clarify ICE policy and procedure with regard to the placement, monitoring, accommodation, and removal of immigrant parents of children living in the United States, parents and legal guardians involved in family court proceedings involving children, and parents or legal guardians who have minor US citizen children. Superseded by ICE Detained Parent Directive (2017)
[pdf] Family and Criminal Court Scenarios in Which Courts Will Encounter Immigrants Who Are Eligible for Immigration Protections (+)
Information and examples explaining how and in what proceedings courts may encounter immigrants who are eligible for Violence Against Women Act (VAWA and U Visa), Trafficking Victims Protection Act (TVPA), Special Immigrant Juvenile (SJIS) and Deferred Action for Childhood Arrival (DACA) immigration protections.
[pdf] Family Court Bench Card on Issues that Arise in Custody Cases Involving Immigrant Parents, Children, and Crime Victims (October 13, 2013, Updated November 30, 2021) (+)
A quick reference for judges on issues that arise in custody cases involving immigrant parents, children, and crime victims. Discussing constitution protections for the parent child relationship applying to cases involving immigrant parents and their children without regard to immigration status, detention or deportation. Explaining which parents, children, litigants, witnesses are under current immigration laws likely to be removed from the U.S. and which although undocumented are not at risk of removal. Highlighting common myths about immigration law and providing legally correct information for courts to apply in making rulings when a party raises the immigration status of another party of child in state court custody proceedings.
[pdf] Flowchart of Access to Federal and State Public Benefits for Victims of Human Trafficking (+)
This is a flowchart regarding access to federal and state public benefits for victims of human trafficking, including services necessary to protect life and safety.
[pdf] Flowchart on Access to Federal and State Public Benefits for Battered Immigrant Spouses and Children of U.S. Citizens or Lawful Permanent Residents (+)
This is a flowchart pertaining to abused family members’ access to federal and state public benefits, including services necessary to protect life and safety.
[pdf] Flowchart on Access to Federal and State Public Benefits For U-Visa Victims (+)
This is a flowchart on U-Visa victims’ access to federal and state public benefits, including services necessary to protect life and safety.
[pdf] Form I-918 Supplement A: Petition for Qualifying Family Member of U-1 Recipient (March 2017) (+)
Form I-918 Supplement A: Petition for Qualifying Family Member of U-1 Recipient (March 2017)
[pdf] Form I-918 Supplement B: U Nonimmigrant Status Certification (December, 2021) (+)
In March of 2017 United States Citizenship and Immigration Services released a new U Visa Certification Form for to be used by law enforcement, prosecutors, judges, commissioners, magistrates, the EEOC, the Department of Labor and other U visa certifying agencies. Form I-918 Supplement B: U Nonimmigrant Status Certification
[pdf] Form I-918: Petition for U Nonimmigrant Status (+)
Blank Sample Form I-918: Petition for U Nonimmigrant Status
[pdf] Free Technical Assistance and Resources for All Professionals Serving Immigrant and Refugee Women and Children (June 2019) (+)
The National Immigrant Women’s Advocacy Project (NIWAP, pronounced new-app) is a national provider of training, legal and social science research, policy development and technical assistance to advocates, attorneys, pro bono law firms, law schools, universities, federal, state and local law enforcement, prosecutors, judges, court staff, social services and health care providers, justice system personnel and other professionals who work with immigrant women, children and crime victims. We offer assistance on a broad range of issues including access to services, safety and legal rights.
[pdf] Garcia v. Audubon (+)
A civil action case between Garcia and others versus Audubon. The plaintiffs are non-documented workers who have filed suit against their former employer alleging that the Defendants improperly withheld wages.
[pdf] Glossary of Terms for State Court Judges on Immigrant Issues (November 15, 2017) (+)
Bench card for glossary of terms and legal definitions in regards to immigration.
[pdf] Good Moral Character: Assessment Tool (October 15, 2013) (+)
This article is a Good Moral Character assessment tool. Federal immigration law provides that an immigrant must be of good moral character to be eligible for several forms of immigration relief including: VAWA self-petitioning, VAWA cancellation of removal, naturalization and cancellation of removal. This tool lists factors that if present in a case impede the immigrant’s ability to demonstrate good moral character.
[pdf] How to Get a Detained Person to Court for Family Court Cases Involving Children and/or Criminal Proceedings (+)
This handout will provide best practices for judges, attorneys, and advocates on how to secure the attendance, in court proceedings, of immigrants who are being detained by the U.S. Department of Homeland Security (DHS) so that immigrants can participate in family court proceedings involving their children and in criminal court proceedings.
[pdf] Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (Minnesota) (+)
This judicial training update published by Judge Alan F. Pendleton, Anoka County District Court, provides guidance on U visa certification by state court judges based on the ABA rules of judicial ethics and U.S. Department of Homeland Security (DHS) policies, regulations, training materials and statutes and consultation with DHS U visa experts. This training update for judges discusses the U visa program, dispels common myths about U visa certification by judges, answers questions judges and court staff have about U visa certification, and discusses how, when and why the Minnesota Code of Judicial Conduct permits signing of U visa certifications and the June 26, 2015 Minnesota Board of Judicial Standards Advisory Opinion 2015-2 on this issue.
[pdf] Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (National) (+)
This judicial training update published by Judge Alan F. Pendleton, Anoka County District Court, provides guidance on U visa certification by state court judges based on the ABA rules of judicial ethics and U.S. Department of Homeland Security (DHS) policies, regulations, training materials and statutes and consultation with DHS U visa experts. This training update for judges discusses the U visa program, dispels common myths about U visa certification by judges, answers questions judges and court staff have about U visa certification, and discusses judicial ethics ABA rules and a 2015 Minnesota Advisory Opinion discussing how, when and why judges can sign U visa certifications consistent with judicial ethics rules and canons.
[pdf] Immigrant Crime Victims Legal Bibliography (+)
Bibliography of legal journal articles and legal publications related to the legal rights of immigrant victims of domestic violence, sexual assault and human trafficking through 2013.
[pdf] Immigrant Crime Victims Social Science Bibliography (+)
Bibliography of social science research relating to immigrant victims of domestic violence, sexual assault and human trafficking through 2013.
[pdf] Immigration Options for Victims of Crimes (+)
Produced by the U.S. Department of Homeland Security covering Violence Against Women Act self-petitions, U visas and T visas. Information on Special Immigrant Juvenile Status and Deferred Action for Childhood Arrivals has been added by the National Immigrant Women’s Advocacy Project, American University, Washington College of Law. Downloadable one page (two sided brochure) available in English, Spanish, Russian, Korean, and Chinese.
[pdf] Immigration Protection Screening Checklist: Special Immigrant Juvenile Status (June 13, 2015) (+)
A checklist for immigration protection screening for special immigrant juvenile status.
[pdf] Immigration Relief for Victims of Human Trafficking and Other Crimes (Continued Presence, T and U Visas) (+)
Information for law enforcement officials on immigration relief for victims of human trafficking and other crimes. This document contains information about the forms of immigration relief and the distinct roles that HSI, USCIS, and law enforcement officials play in assisting victims.
[pdf] Instructions for Form I-918 Petition for U Nonimmigrant Status (+)
Instructions for Form I-918 Petition for U Nonimmigrant Status
[pdf] Instructions for Form I-918 Supplement B, U Nonimmigrant Status Certification (December 2021) (+)
Instructions for Form I-918 Supplement B, U Nonimmigrant Status Certification. (New Form December, 2021)
[pdf] Justice for All: How Attorneys Can Successfully Win Custody Cases for Immigrant Survivors When There Is a Clash of Laws, Cultures, Custody, and Parental Rights (+)
This chapter is designed to help lawyers develop case plans that position immigrant clients to best take advantage of the immigration and family law protections available to help battered immigrants. This chapter also highlights key issues that arise for lawyers representing battered immigrants in custody cases. Tools and resources are provided to help screen clients for immigration relief eligibility and to locate immigration lawyers in your state who have expertise working with immigrant survivors.
[pdf] Language Identification Card “I speak…” (May 2019) (+)
This language identification guide is a tool for law enforcement and other criminal justice agencies to identify the language of individuals they encounter who do not speak English. I Speak was adapted by Raksha, Inc and Tapestri, Inc through a grant with Dekalb Magistrate’s Court’s Compliance Court Project. It is based on the I Speak booklet created by a partnership effort of the Bureau of Justice Assistance and the Ohio Criminal Justice Service. This adaptation of the I speak guide contains the many more languages than other versions of this important I speak tool. (May 2019)
Materials on Human Trafficking and State Courts
The HTC Collaborative is dedicated to increasing awareness and understanding about the prevalence of human trafficking in the United States through the Human Trafficking and the State Courts Collaborative website. Establishing an appropriate state court role in addressing the numerous and complicated forms of modern day slavery will be one of the most difficult challenges confronting state courts in the coming decade.
The State Justice Institute provided initial funding to address this challenge, resulting in the formation of the Human Trafficking and the State Courts Collaborative (HTC) in early 2013. The HTC is being coordinated by the following partner agencies: the Center for Public Policy Studies (CPPS), the Center for Court Innovation (CCI), the National Judicial College (NJC), Legal Momentum, the National Association of Women Judges (NAWJ) and the National Council for Juvenile and Family Court Judges (NCJFCJ).
This website is one facet of the ongoing work of the HTC and is designed to provide up-to-date information, reports, statistics, and tools that will help justice system policy makers, practitioners and researchers more effectively address human trafficking issues. We anticipate the materials will prove useful to other individuals, groups and organizations committed to achieving a solution to end the trafficking of persons.
[pdf] Multilingual Brochures on Legal Rights of Victims of Crimes (+)
A list of multilingual brochures regarding the legal rights of victims of crime and safety in the home.
[pdf] National Association of Judiciary Interpreters & Translators Code of Ethics and Professional Responsibilities (+)
This code of conduct developed by the National Association of Judiciary Interpreters and Translators is a model code used by interpreters across the country. Law enforcement officials, courts, attorneys and advocates using interpreters often ask/require that interpreters with whom they work agree to follow this code when providing interpretation and translation services.
The function of court interpreters and translators is to remove the language barrier to the extent possible, so that such persons’ access to justice is the same as that of similarly-situated English speakers for whom no such barrier exists. The degree of trust that is placed in court interpreters and the magnitude of their responsibility necessitate high, uniform ethical standards that will both guide and protect court
[pdf] National Survey on Types of Criminal Activities: Experienced By U-Visa Recipients (November 29, 2011) (+)
Results from a national survey of 220 legal services, pro bono law firms, advocates, law school clinical programs and others providing help to immigrant victims who have been granted U-visa immigration relief by DHS. The goal of this survey was to obtain provide a picture of the types of criminal activities suffered by immigrant crime victims receiving U-visas.
[pdf] Opportunities to Make SIJS Findings in State Court Cases (+)
This presentation provides information to be able to identify cases before the court that involved children who qualify for Special Immigrant Juvenile Status, recognize the broad range of court proceedings in which state court rulings required under immigration law for a child to be SIJS eligible can be made, and know where to access training tools and technical assistance on cases involving immigrant crime victims and children.
[pdf] Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status (July 23, 2015) (+)
This brochure contains a list of programs for the protection of life, safety and public health, as well as legal services, which are available to immigrants regardless of their immigration status.
[pdf] Proposal for Judicial Training (+)
A proposal for judicial training for state courts and the protection of immigrant crime victims and children.
[pdf] Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs (+)
U.S. Immigration and Customs Enforcement 2011 Memorandum setting forth the policies that direct the use of prosecutorial discretion in cases involving victims of and witnesses to crimes, including crimes of domestic violence, sexual assault, human trafficking, and other crimes. It includes protections from removal for individuals involved in efforts related to the protection of their civil rights. This document establishes DHS priorities for victim protection and summarizes and contains links to Immigration and Customs Enforcement policies of importance to immigrant crime victim cases.
[pdf] Protection Orders and Battered Immigrants: The Impact of Attorneys and Advocates (+)
This document outlines the purpose of and need for protection orders in cases of domestic violence and sexual assault, the barriers that victims face in obtaining protection orders, and the intersection of protection orders and immigration concerns. The document will be particularly useful for attorneys, advocates, and judges attempting to understand the impacts of protection orders on a victim’s immigration case.
[pdf] Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS (December 29, 2021) (+)
The public benefits flow charts pertain to VAWA self-petition and cancellation, U-Visas, T-Visas, and Special Juvenile Immigrant Status (SIJS). Specifically, the charts explain access to federal and state public benefits for battered immigrant spouses and children of U.S. citizens or lawful permanent residents, victims of human trafficking, U-Visa victims, and SIJS victims.
[pdf] Q and A: Immigration Relief for Victims of Human Trafficking and Other Crimes (+)
This Q and A was developed by the U.S. Citizenship and Immigration Services and the DHS Blue Campaign to assist law enforcement officials (e.g. police, prosecutors, child or adult protective services) in U-visa certification and T visa endorsement. Information includes frequently asked questions on immigration relief for victims for human trafficking and other crimes. The Department of Homeland Security (DHS) is responsible for administering immigration benefits to victims of human trafficking and other serious crimes, in addition to upholding U.S. immigration law. U.S. Citizenship and Immigration Services (USCIS) adjudicates T and U visas, which help protect immigrant victims of human trafficking and other crimes.
[docx] SJI Training Material – Minnesota (+)
A handout of the material distributed in the judge’s training in Minnesota. Interest in this training arose as a result of our work with judges in Minnesota on U visa certification by judges. Leslye Orloff and Judge Lora Livingston presented at this training in December 2015. NIWAP worked with the Judicial Education Program Manager to identify which areas needed to be addressed and issues the judges were most interested in learning more about.
[pdf] Special Immigrant Juvenile Status: Information for Child Welfare Workers (+)
Information for child welfare workers in regards to the Special Immigrant Juvenile Status (SIJS).
[pdf] Special Immigrant Juvenile Status: Information for Juvenile Courts (+)
General information regarding eligibility, the role of juvenile courts in relation to Special Immigrant Juvenile Status (SIJS), and other helpful tips.
[pdf] Special Immigrant Juveniles (SIJS): Inadmissibility Factors That Do and Do Not Apply to SIJS Cases (December 26, 2022) (+)
Reference list on inadmissibility factors that do and do not apply in cases of children applying for Special Immigrant Juvenile Status (SIJS) and for lawful permanent residence as SIJS recipients. For more detailed information on inadmissibility for victims of crime and abuse see https://niwaplibrary.wcl.american.edu/inadmissibility-comparison-charts-for-victims.
[pdf] Special Immigrant Juveniles- Memorandum #2: Clarification of Interim Field Guidance (+)
This memorandum is to provide clarification of the interim field guidance relating to the Attorney General’s consent and on the documentation required to support a special immigrant juvenile petition.
[pdf] State Court Findings for Abused Youth Seeking Special Immigrant Juvenile Status (+)
Special Immigrant Juvenile Status (SIJS) allows certain youth immigrant survivors of abuse, abandonment, and/or neglect by a parent to obtain legal immigration status in the United States. This webinar will review elements required for a successful SIJS application focused particularly on special findings in state court orders. Faculty will provide information and resources on screening for SIJS eligibility, types of qualifying abuse, which SIJS cases OVW and LSC funded organizations may represent, jurisdictional concerns of judges, and clarification on the requirement that only one parent abused the petitioning youth.
[pdf] State Courts and the Protection of Immigrant Crime Victims and Children (2014) (+)
The learning objectives for this presentation are: understand the intersections between state court proceedings and immigration law, recognize facts that indicate a party qualifies for legal immigration status, know how accurate immigration law information affects just and fair outcomes in state courts, learn about findings in state court cases that are helpful to an immigrant crime victim’s immigration case, and obtain U visa certifications from law enforcement or judges.
[pdf] State Courts and the Protection of Immigrant Crime Victims and Children (October 2013) (+)
This presentation will help you understand the intersections between state court proceedings and immigration law, know how accurate immigration law information affects just and fair outcomes in state courts, recognize facts that indicate a party qualifies for legal immigration status and protection from/low priority for removal, be able to sign U visa certifications, and make findings in state court cases needed for or helpful to an immigrant crime victim’s immigration case.
[pdf] Table on State Immigration Laws Summarizing Status of Court Rulings on Validity (+)
A chart on state immigration laws summarizing status of court rulings on validity from Supreme Court, the 11th Circuit, the South Carolina District Court, and District Court of Utah.
[pdf] Technical Assistance for Judges and Courts: Immigrant Victims of Domestic Violence, Child and Elder Abuse/Neglect, Sexual Assault, Stalking, Dating Violence and Human Trafficking (August 17, 2023) (+)
NIWAP offers technical assistance, training, training materials and legal research publications for judges, law clerks, court staff, state court educators, and state court administrators on topics that assist courts in family, juvenile, civil and criminal court cases involving foreign born victims of domestic violence, sexual assault, stalking, dating violence, child and elder abuse, and human trafficking. We specialize on how immigration laws intersect with state family, protection order, custody, child support, public benefits, criminal, civil, and language access laws. This set of flyers describes the training and technical assistance available to judges and state courts, followed by a flyer on the range of topics of training and technical assistance offered by NIWAP. The last flyer in this set discusses the training and technical assistance NIWAP offers state and local law enforcement and prosecution officials and their agency’s victim witness staff.
[pdf] The Central Role of Victim Advocacy for Victim Safety While Victims’ Immigration Cases Are Pending (July 29, 2014) (+)
Reference guide on various statistics on immigrant victims collected from a nationwide survey conducted in October 2013.
[pdf] The Importance of the U-visa as a Crime-Fighting Tool for Law Enforcement Officials (December 3, 2012) (+)
The U-visa has become an important crime fighting tool that helps law enforcement officials, including police, sheriffs, and prosecutors across the country to build trust with immigrant crime victims and their communities. In this report, law enforcement officials describe the ways in which the U-visa has helped them in detecting, investigating, and prosecuting crime in their communities. (December 13, 2012).
[pdf] Three Prongs of VAWA Confidentiality (December 15, 2021) (+)
A brochure summarizing the three prongs of VAWA confidentiality (Disclosure Limitations, Source Limitations, & Enforcement Limitations) for advocates and attorneys, including information on best practices and complaint instructions.
[pdf] Trafficking Victim Benefits Under the Affordable Care Act (ACA) (June 18, 2014) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Trafficking victims who are granted continued presence and trafficking victims who file for and receive T-visas have greater access to a full range of subsidized health care benefits than any other group of immigrant crime victims. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits.
[pdf] Trafficking Victims Protection Reauthorization Act of 2008: Special Immigrant Juvenile Status Provisions (+)
USCIS Memorandum to inform immigration service officers working Special Immigrant Juveniles (SIJ) petitions about new legislation which affects the adjudication of petitions filed for SIJ status.
[pdf] Training Available for Judges and Court Staff -SJI Funded Curriculum- Immigrants in State Courts (+)
Overview of judicial training offered to judges and court staff on issues that arise in state court cases involving immigrant crime victims, children and litigants. Biographies of faculty for state court judicial trainings offered by NIWAP developed with funding from the State Justice Institute (SJI). The costs of a typical plenary, workshop, 1/2 day or full day training is $2600 (4 days at $650) + travel for 1 NIWAP staff member and 1 judicial faculty member.
[pdf] Training Proposal- State courts and the Protection of Immigrant Crime Victims and Children (November 20153) (+)
Learning objectives for this presentation are: understand the intersections between state court proceedings and immigration law, know how accurate immigration law information affects just and fair outcomes in state courts, recognize facts that indicate a party qualifies for legal immigration status and protection from/low priority for removal, be able to sign U visa certifications, and make findings in state court cases.
[pdf] U Visa Certification and T visa Declaration Toolkit for Federal, State and Local Judges, Commissioners, Magistrates and Other Judicial Officers (June 17, 2021) (+)
This helpful, informative U visa certification tool kit for judges and magistrates covers materials on topics such as: what is the role of judges in U visa certification, U visa quick references for judges, U visa certification introduction, U visa application flow chart, judges and the U visa certification requirement, U visa statutory and regulatory background, frequently asked questions, redacted I-918 supplement B (U nonimmigrant status certification), form I-918 supplement B (sample judges’ certification), sample information flyer for victims, resource list, sample memorandum in support of a motion for U visa certification, sample declaration for a motion for certification, glossary of terms, and collection of U visa news articles.
[pdf] U Visa Certification by Judges: Minnesota Board of Judicial Standards Opinion 2015 (+)
This opinion by the Minnesota Board of Judicial Standards discusses how judges can sign U visa certifications consistent with the codes of judicial ethics. There are two Judicial Training and Education Updates one national https://niwaplibrary.wcl.american.edu/pubs/national-uvisa-judicial-training-update/ and one for Minnesota https://niwaplibrary.wcl.american.edu/pubs/minnesota-uvisa-judicial-training-update/ that discusses the this opinion and its implications on U visa certification by judges. The November 30, 2015 U and T Visa Law Enforcement Resource Guidefor Federal, State, Local, Tribal and Territorial Law Enforcement, Prosecutors, Judges, and Other Government Agencies written by the Department of Homeland Security provides further information for judges on U visa certification. https://niwaplibrary.wcl.american.edu/pubs/dhs-updated-u-certification-resource-guide-2015/