This Chapter provides an overview of congressional and immigration policy framework for Special Immigrant Juvenile Status. It discusses the practical guide in determining the best interest standard in SIJS. It further explains the best interest standard in light of custody, and placement. Lastly, the chapter discusses reunification as a factor used by state courts in determining SIJS application of the best interest standard in SIJS.
Manual: SJI
[pdf] Appendix E – Understanding the Significance of a Minor’s Trauma History in Family Court Rulings (May 18, 2021) (+)
This Appendix provides an overview of the significance of a minor’s trauma history in family court rulings. It explains how traumatic experience of the minor should guide the court in deciding SIJS related cases.
[pdf] T Visa Regulations 2002 and 2016 (June 23, 2020) (+)
This document compares and tracks with comments the evolution and regulatory history of the T visa regulations. It includes the full regulatory history preamble language from both sets of regulations. It interlineates the 2002 regulations to help users identify which parts of the 2002 regulations and the preamble supporting that language remain in effect after implementation of the 2016 regulations. It also identifies which parts of the 2002 regulations were substantially modified, overruled, or replaced by the 2016 regulations and crosses out those provisions and any preamble language that is no longer relevant after implementation of the 2016 regulations. This is a tool that will help lawyers, judges and the field better understand the T visa regulations, and their history and purpose so as to better serve victims of human trafficking.
[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.