Maryland Judicial College: Immigration Today: SIJS, VAWA, T Visas and U Visas 

PowerPoint

Course Description

In the United States, immigration issues are in the forefront of national news and debate. Maryland is no exception. Judges and magistrates struggle with the interaction between state and federal law and process, especially where abused or neglected children, trafficking, and violence coalesce.  This three-hour, interactive presentation given by local and national experts in the field will help clarify the issues and give guidance for managing trials and hearings involving Special Immigrant Juvenile Status (SIJS), VAWA, T-Visa, and U-Visa matters.

Learning Outcomes

  1. Identify children and crime victims eligible for immigration relief
  2. Sign U visa and T visa certifications based on an understanding of the role Congress created for state court judges in U and T visa certification
  3. Make Special Immigrant Juvenile Status (SIJS) findings in cases of immigrant children who have suffered abuse, neglect or abandonment by a parent
  4. Issue rulings on discovery in family, criminal and civil cases consistent with federal VAWA confidentiality laws

Training Materials

Informative Pamphlets Appropriate for Public Distribution:

Informative Materials for Judges and Law Enforcement:

 USCIS Case Data

 Relevant USCIS Public Webpages or Policy Manual Chapters

Information for Afghan Nationals +

NIWAP MATERIALS

Webinars for Judges or to Help Judges

Immigrant Survivors

Best Practices and Tools that Build the Capacity of Adult Protective Services to Serve Immigrant Domestic and Sexual Violence Victims (January 30, 2020)

Addressing Issues That Arise in Family and Criminal Court Cases Involving Immigrant Survivors in the District of Columbia (August 25, 2020)

Legal Protections When Child Victims Are Immigrants: The Judge’s Role (June 20, 2019)

What Courts Want to Know, What Role Can Courts Play Regarding Detained Immigrant Children and Parents (July 9, 2019)

Judge’s Role in Cases of Immigrant Domestic and Sexual Violence Survivors (October 15, 2018)

Victims of Trauma

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)

Immigration Law Overview for State Court Judges

An Overview of U.S. Immigration Law (March 9, 2018) 

When State Family Law and Federal Immigration Laws Intersect: Promoting Access to the Courts and Just Outcomes for Immigrants (September 15, 2017)

Special Immigrant Juvenile Status

Special Immigrant Juvenile Status – Best Practices of Drafting Findings (May 14, 2019)

U Visa Certifications and Special Immigrant Juvenile Status: The Judge’s Role – Webinar National Judicial College (Nov. 30, 2018 Webinar)

State Court Findings for Youth Seeking Special Immigrant Juvenile Status (July 13, 2015)

U and T Visa Certification by Judges

U Visa Certifications and Special Immigrant Juvenile Status: A Judge’s Role (November 30, 2018)

NCJFCJ’s Break From the Bench: What a judge needs to know about…Responding to Immigrant Victims of Domestic and Sexual Violence (April 27, 2021)

Expert Advice for Judges: How to Handle U Visa Certification Requests (December 1, 2014)

Obtaining U Visa Certification from Judges in Protection Order, Family, Criminal, and Other State Court Proceedings (February 20, 2014)

Expert Advice for Judges: How to Handle U Visa Certification Requests (December 14, 2014)

DHS U and T Visa Certification Videos for Law Enforcement (Helpful to courts and all certifiers) (September 26, 2013)

Trafficking

Criminal Justice Responses to Asian Women Caught in the Cross-Hairs of Exploitation and Human Trafficking (January 11, 2022)

Two Part Webinar Series: Immigrant Children Who Are Survivors of Trafficking (December 2022)

July 6, 2021: National Judicial Network “Judicial Responses to Labor Trafficking” (Webinar 1)

Access to Public Benefits

Public Benefits and Services Legally Available to Immigrant Children and Victims – What Courts Need to Know (April 18, 2019)

Custody, Immigrant Survivors and Children

Child Custody and Immigration-Related Abuse: Myths and Best Practices National Webinar (December 13, 2021)

Custody for Abused Immigrants: Tips, Tools and Best Practices (November 15, 2018)

When State Family Law and Federal Immigration Law Intersect: Promoting Access to the Courts and Just Outcomes for Immigrants for the New Mexico Judicial Education Center (September 25, 2017). 

VAWA Self-Petition and Battered Spouse Waivers Immigration Relief for Abused Spouses

VAWA Self-Petition: Protections for Immigrant Survivors of Domestic and Sexual Assault Perpetrated by Citizen and Lawful Permanent Resident Family Members” (April 22, 2020)

Battered Spouse Waiver (BSW) Webinar and Training Materials (November 18, 2021)

VAWA Confidentiality, Discovery and Courthouse Enforcement

Protections for Immigrant Survivors of Domestic and Sexual Violence Under the Violence Against Women Act Confidentiality Protections (October 22, 2018)

Impact of DHS Enforcement Priorities on Courts: VAWA Confidentiality and Enforcement (August 21, 2018)

NCJFCJ VAWA Confidentiality and Protections for Immigrant Victims of Domestic (October 31, 2017)

VAWA Confidentiality Webinar (February 9, 2015)

VAWA Confidentiality: Understanding the Three Safeguards and Limited Discovery Exceptions When Advocating for Survivors in Family and Criminal State Courts (February 5, 2015

VAWA Confidentiality and Protections for Immigrant Victims of Domestic Violence (October 31, 2017)

Child Welfare Cases Involving Immigrant Families and Children

Expanding the Toolbox for Children in Immigrant Families: Tips and Tools for Child Welfare and Children’s Courts” (March 23, 2022)

NCJFCJ Improving Child Welfare Practice for Immigrant Victims of Domestic Violence (June 20, 2018)  

What Courts Want to Know, What Role Can Courts Play Regarding Detained Immigrant Children and Parents (July 9, 2019)

National Judicial Network Peer to Peer Session Recordings

National Judicial Network Peer to Peer Session Recordings

(Series of Sessions for Judges and Judicial Officers who are members of or who join the National Judicial Network – To Join Judges may register  here.  Topic available for viewing:

  • Cultural Competence and Its Importance in Human Trafficking Cases *
    • Online Trafficking and Recruitment Trends for Child Sex Trafficking *
    • STAR Assessment Tool Training: Helping Courts Identify Child Trafficking Victims *
    • New DHS Immigration and Victim Protection Policies *
    • Afghan Refugees: What Courts Need to Know and the Role Judges Can Play *

Forms of Immigration Relief

Bench Card: Overview of Types of Immigration Status (October 14, 2013)

Family Court Bench Card on Immigration Relief for Battered Spouses, Children, and Immigrant Crime Victims (October 29, 2021)

Bench Card: DHS Enforcement Priorities Information for State Court Judges (April 24, 2013, Updated December 27, 2021)

State courts and the Protection of Immigrant Crime Victims and Children (November 2013)

DHS Organizational Chart – Crime Victim Cases (April 16, 2019)

Immigration Relief for Crime Victims and Children

Know Your Rights Information

DHS Interactive Infographic on Protections for Immigrant Victims (February 6, 2018)

Immigration Options for Victims of Crime -DHS Brochure (June 30, 2011)

Multilingual Materials for Victims and Advocates (July 13, 2018)

Pathways to Immigration Relief for Students (June 20, 2014)

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 (October 27, 2010)

Immigration Relief for Abused Children (May 1, 2016)

Special Immigrant Juvenile Status: Information for Juvenile Courts (July 1, 2014)

Special Immigrant Juvenile Status: Information for Child Welfare Workers  (July 1, 2014)

Center for Countering Human Trafficking (CCHT) Continued Presence Pamphlet

USCIS Brochure: Female Genital Mutilation or Cutting (January 27, 2017)

DHS Immigration Policies and Congressional Legislative History

NIWAP, New Department of Homeland Security Policies Released 2021: Importance for Immigrant Survivors (October 14, 2021)

Legislative History of VAWA (94,00,05), T and U-Visas, Battered Spouse Waiver, and VAWA Confidentiality (June 17, 2015)

U and T Visa Certification

U Visa Certification and T Visa Declaration Toolkit for Federal, State and Local Judges, Commissioners, Magistrates and Other Judicial Officers (June 17, 2021)

Model U and T Visa certification Protocol for State Courts (October 29, 2020)

U Visa Law Enforcement Resource Guide (February 28, 2022)

DHS U and T Visa Law Enforcement Resource Guide (November, 2015)

Bench Card: U and T Visa Certification Reporting Requirements in California (June 25, 2020)

U and T Visa Certifications and Certification Reporting Requirements in California (June 25, 2020)

California: U visa certification law (2016)- statute and fact sheet (September 9, 2017)

Chevron Doctrine and U Visa Certification (April 2, 2019 (Updated June 12, 2021))

USCIS U Visa Certification Fact Sheet Q&A (October 22, 2011)

U Visas and U Visa Certification

U Visa Quick Reference for Judges (October 14, 2020)

U Visa Certifications: Range of Potential Certifiers at the Local, State, and Federal Government Levels (December 30, 2021)

“U Visa Timeline with Background Checks With 2021 Bona Fide Policy” (March 29, 2019, Update September 15, 2021)

U-Visa Application Flow Chart (October 14, 2020)

U Visa Protections for Family Members (July 3, 2020)

U-Visa: “Helpfulness” Checklist (October 21, 2019)

DHS Policy Answers to Law Enforcement Reasons for Not Certifying (September 27, 2013)

Stories From the Field: the Crime Fighting Effectiveness of the U Visa (August 23, 2021)

Understanding the Judicial Role in U-Visa Certification, American Journal of Family Law** (August 21, 2018)

Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (National) (July 8, 2015)

Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (Minnesota) (July 8, 2015)

U Visa Certification by Judges: Minnesota Board of Judicial Standards Opinion (June 26, 2015)

Collection of U Visa News Articles (November 7, 2017)

The Importance of the U-visa as a Crime-Fighting Tool for Law Enforcement Officials – Views from Around the Country (December 3, 2012)

Protecting Our Communities and Officer Safety (July 24, 2016)

Overcoming Fear and Building Trust With Immigrant Communities and Crime Victims (Police Chief Magazine April 2018)

National Survey on Types of Criminal Activities: Experienced By U-Visa Recipients (November 29, 2011)

Expert Advice for Judges: How to Handle U Visa Certification Requests (Webinar) (December 1, 2014)

State Laws (June 18, 2019)

T Visas and T Visa Declarations

T Visa Quick Reference Guide for Judges (October 14, 2020)

T Visa Certification Resource Guide (November 29, 2021)

T Visa Application Flow Chart (July 3, 2020)

T Visa Protections for Family Members (July 3, 2020)

Human Trafficking and the T-Visa (July 10, 2014)

T-Visa Timeline with Background Checks (June 12, 2021)

Forms and Instructions

DHS: Instructions for Form I-918, Supplement B, for U visa Certification (December 2021)

DHS: Form I-918, Supplement B, for U visa Certification (December 2021)

T Visa Declaration (Certification) I-914 Supplement B Instructions (December 2, 2021)

T Visa Declaration (Certification) Form I-914 Supplement B (December 2, 2021)

Human Trafficking

Screening Tools and Brochures

Blue Campaign: What You Can Do- Recognizing and Supporting Trafficking Victims in the Courtroom (January 27, 2017)

Blue Campaign: What Can You Do? (Judicial) (January 27, 2017

“Crash” – DHS Blue Campaign Trafficking PSA (June 14, 2013)

Sample Questions for Identifying a Trafficked/Enslaved Person (July 6, 2012)

Continued Presence

Brochure: Continued Presence & Temporary Immigration Status for Victims of Human Trafficking (January 27, 2017)

DHS Continued Presence: Temporary Immigration Status for Victims of Human Trafficking (July 2010)

Human Trafficking Research

Trafficking Social Science Research Data Sources Chart (January 25, 2021)

Social Science Research on Human Trafficking Report (January 25, 2021)

Labor Trafficking

Labor Charts: Employment Based U Visa Criminal Activity State Charts (February 27, 2018)

Appendix I- States with Forced Labor Statutes” (December 29, 2021)

Appendix II-States with Forced Labor Mentioned in Other Statutes (December 29, 2021)

Appendix III-States with Slave Trade Statutes (December 29, 2021)

Appendix IV-States with Involuntary Servitude Statutes (December 29, 2021)

Appendix V-States with Involuntary Servitude Mentioned in Other Statutes  (December 29, 2021)  

Appendix VI-States with Involuntary Servitude and Slavery (Slave Trade) in the State Constitution and in Statute (December 29, 2021)

Appendix VII-States with Peonage Statutes  (December 29, 2021)

Appendix VIII-States with Peonage Mentioned in Other Statutes   (December 29, 2021)

Appendix IX – Multi-State Overview: Forced Labor, Involuntary Servitude, Slavery and Peonage Definitions (December 31, 2021)

Human Trafficking in the State Courts Collaborative

Approaches to Addressing Human Trafficking (November 2013) 

Definitions, Forms, and Dynamics of Human Trafficking (November 2013)

Human Trafficking Assessment and Measurement Framework (November 2013)

Identifying Cases that May Involve Human Trafficking (November 2013)

Immigration Rights of Victims of Human Trafficking (March 2014)

Characteristics of a State Court Focused Approach to Addressing Human Trafficking (November 2013)

Infrastructure Required to Support Courts and Justice Partners in Human Trafficking Cases (November 2013)

Working with Human Trafficking Victims in a Juvenile Case (November 2013)

Human Trafficking Victims as Criminal Defendants (November 2013)

Special Immigrant Juvenile Status, Child Abuse & Protective Battered Immigrant Parents


Full Training Manual

The Special Immigrant Juvenile Status Bench Book: A National Guide to Best Practice for Judges and Courts (April 2018)

SIJS Bench Book Table of Contents

Chapter I – Introduction to Special Immigrant Juvenile Status (December 20, 2017)

Chapter II – Details About Special Immigrant Juvenile Status (SIJS) Findings (December 19, 2017)

Chapter III – Abuse, Abandonment, or Neglect – The Role of State Law Definitions in Special Immigrant Juvenile Status Findings (December 19, 2017)

Chapter IV – Application of the Best Interest of the Child Standard in SIJS (December 15, 2017)

Chapter V-1 – Adoption Quick Reference (October 29, 2017)

Chapter V-2 – Civil Protection Orders Quick Reference Guide (November 1, 2017)

Chapter V-3 – Custody Quick Reference Guide (December 27, 2017)

Chapter V-4 – SIJS in Declaratory Judgment Cases Quick Reference (November 25, 2017)

Chapter V-5 – Delinquency Quick Reference (December 17, 2017)

Chapter V-6 – Dependency Quick Reference (December 18, 2017)

Chapter V-7 – Guardianship Quick Reference (December 20, 2017)

Chapter V-8 – Paternity Quick Reference Guide (December 7, 2017)

Chapter VI – Inadmissibility in SIJS (December 27, 2017)

Chapter VII – Service of Process in SIJS (December 29, 2017)

Family Law Service of Process and Jurisdiction Requirements Charts (March 2, 2021)

Appendix A – SIJS Statutory and Regulatory Provisions (December 19, 2017)

Appendix B – SIJS Legislative History (December 19, 2017)

Appendix C ­­– TVPRA-SIJ Neufeld Memo (March 24, 2009)

Appendix D1 – USCIS SIJS Policy Manual Full – Vol 6 (March 7, 2022)

Appendix D2 – USCIS SIJS Policy Manual Full – Vol 7 (March 7, 2022)

Appendix E – Understanding the Significance of a Minor’s Trauma History in Family Court Rulings  (May 17, 2021)

Appendix F – DHS Interactive Infographic on Protections for Immigrant Victims

Appendix G – DHS Immigrants Options for Victims of Crime (English) (February 6, 2018)

Appendix H – DHS SIJS Brochure (February 6, 2018)

Appendix I – DOJ Language Access Letter to Courts (August 16, 2010)

Appendix J – Types of Proceedings SIJS Findings (August 27, 2021)

Appendix K – State Law Definitions of Child Abuse (December 19, 2017)

Appendix L – Abandonment of Children Statutes Definitions (September 20, 2017)

Appendix M – State Law Definitions of Child Neglect (October 2, 2017)

Appendix N – Domestic Violence Includes Child Abuse and Child Neglect (December 14, 2017)

Appendix O – States Definitions of Child Endangerment as More Severe Than Neglect (December 27, 2017)

Appendix P – State Law Definitions of Forced Marriage as Child Abuse (December 27, 2017)

Best Interests of the Child State-by-State Maps and Comparison Charts (Updated July 7, 2021)

Appendix Q – Best Interests of the Child Matrix (December 27, 2017)

Appendix Q-1 – Best Interests of the Child All Factors (December 29, 2017)

Appendix Q-2 – Best Interests – Catch All (December 29, 2017)

Appendix Q-3 – Best Interests – Child’s Family Relationships (December 29, 2017)

Appendix Q-4 – Best Interests – Child’s Needs (December 29, 2017)

Appendix Q-5 – Best Interests – Child’s Wishes (December 29, 2017)

Appendix Q-6 – Best Interests Continuity and Stability of Child Factor (December 29, 2017)

Appendix Q-7 – Best Interests of the Child – Family Violence (December 29, 2017)

Appendix Q-8 – Best Interests – Joint Custody (December 29, 2017)

Appendix Q-9 – Best Interests – Parental Cooperation Conflict (December 29, 2017)

Appendix Q-10 – Best Interests – Parental Fitness (December 29, 2017)

Appendix Q-11 – Best Interests – Parental Wishes (December 29, 2017)

Appendix Q-12 – Best Interests – Substance Abuse, Mental Illness, and Criminal History Factor (December 29, 2017)

Appendix R – Custody in Protection Orders Proceedings (November 9, 2017)

Appendix S – Using Declaratory Judgment in Family Law Matters (November 16, 2017)

Appendix T – Declaratory Judgments – Cases By Topic & State (November 25, 2017)

Appendix U – SIJS and State Declaratory Judgment Statutes – State by State (November 26, 2017)

Appendix V – Guardianship Appointment of Guardian Chart (November 27, 2017)

Appendix W – When Guardianship Terminates (February 2018)

Appendix X – SIJS Case Law Chart (Update September 15, 2021)

Appendix Y – States with Rules Identical to FRCP 4 (February 8, 2018)

Appendix Z – Glossary of Terms for Work with Immigrant Survivors (Updated November 26, 2017)

DHS Publications

Appendix D1 – USCIS SIJS Policy Manual Full – Vol 6 (March 7, 2022)

Appendix D2 – USCIS SIJS Policy Manual Full – Vol 7 (March 7, 2022)

SIJS Regulations Final Rule Federal Register (March 8, 2022)

Special Immigrant Juvenile Status: Information for Juvenile Courts (July 1, 2014)

Special Immigrant Juvenile Status: Information for Child Welfare Workers  (July 1, 2014)

SIJS Training Materials

Special Immigrant Juvenile Status (SIJS) Timeline with Background Checks (June 12, 2021)

Factors That Can Demonstrate That It is Not in a Child’s Best Interests to be Returned to Their Home Country (October 2018)

Special Immigrant Juveniles (SISJ): Inadmissibility Factors That Do and Do Not Apply to SIJS Cases” (June 12, 2021)

New Practice Advisory on Special Immigrant Juvenile Status Applications Published: Additional Information for Judges and Attorneys (September 17, 2018)

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 (December 20, 2017)

Immigration Relief for Abused Children (April 2016)

Special Immigrant Juvenile Status: Information for Juvenile Courts (July 1, 2016)

Special Immigrant Juvenile Status: Information for Child Welfare Workers (July 1, 2014)

Comparison Chart of VAWA, U, and SIJS (July 10, 2015)

Representing Undocumented Children Who Have Been Abused, Neglected, or Abandoned (Special Immigrant Juvenile Status)** (Winter 2017)

Special Immigrant Juveniles- Memorandum #2: Clarification of Interim Field Guidance (July 9, 1999)

Webinar: Special Immigrant Juvenile Status – Best Practices of Drafting Findings. (May 14, 2019)

Immigration Protection Screening Checklist: Special Immigrant Juvenile Status (July 13, 2015)

VAWA Self-Petition

Introduction to VAWA Self-Petitioning and Flow Charts (June 19, 2019)

VAWA Self-Petitioning Flow Chart for Child Applicants (February 19, 2009)

Flowchart: VAWA Self-Petitioning Eligibility for Elder Abuse Survivors (June 17, 2019)

Flowchart: VAWA Self-Petitioning Eligibility for Adults (June 17, 2019)

VAWA Self-Petition Timeline with Background Checks (June 12, 2021)

Battering or Extreme Cruelty Drawing Examples from Civil Protection Orders and Family Law Cases (September 12, 2015)

Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the US and Facts about Immigrating on a Marriage-based Visa (October 27, 2010)

VAWA Confidentiality

Bench Cards and Training Materials

Family Court Bench Card on VAWA Confidentiality (October 12, 2013, Updated December 3, 2021)

Bench Card: DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda: Information for State Court Judges (December 27, 2021)

VAWA Confidentiality Statues, Regulations and Policies


Training Materials

Three Prongs of VAWA Confidentiality (December 15, 2021)

Quick Reference: VAWA Confidentiality Protections: Quoting Statutes, Regulations and DHS Policies 3.29.19

VAWA Confidentiality Protections for Immigrant Crime Victims (Webpage) (March 8, 2021)

Chapter 3.2: VAWA Confidentiality and Breaches of Confidentiality (July 24, 2017)

Chapter 3: VAWA Confidentiality, History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections (September 14, 2014)

Utilizing VAWA Confidentiality Protections in Family Court Proceedings** (Winter 2017)

Protecting Immigrant Victims: VAWA Offers Immigration Protections for Sexual Assault Victims (Fall 2018)

Newsletter on VAWA Confidentiality (September 2014)

Statute, Regulations, Policies and DHS Publications

VAWA Confidentiality Interlineated statute (March 31, 2018)

VAWA Confidentiality Statutes, Legislative History and Implementing Policy (2.23.17)

USCIS Policy Manual Chapter 7- Privacy and Confidentiality (3.23.22)

U-Visa Law Enforcement Resource Guide (February 28,2022) (Developed for all certifiers including judges)

T-Visa Law Enforcement Resource Guide (October 20,2021) (Developed for all certifiers including judges)

US Immigration and Customs Enforcement (ICE), Center for Countering Human Trafficking, Continued Presence Resource Guide (July 2021) (Providing VAWA confidentiality protection to trafficking victims receiving continued presence)

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 (November 1, 2013)

All DHS VAWA Confidentiality Instruction (November 7, 2013)

DHS Broadcast Code of Admission for VAWA confidentiality protected cases the DHS computerized red flag system for cases that have already been filed (December 21, 2010)

ICE and OPLA VAWA Confidentiality Operations Memos (February 1, 2007)

DHS Civil Rights Civil Liberties Complaint Instructions for VAWA Confidentially Violation Investigations (2008)

Memorandum: Non-disclosure and Other Prohibitions Relating to Battered Aliens: IIRIRA §384 (May 5, 1997)

Executive Office of Immigration Review EOIR: VAWA Confidentiality Procedures for Immigration Court

VAWA Confidentiality Protections for Immigrant Crime Victims (Updated March 8, 2021)

VAWA Confidentiality, Protected Areas, Sensitive Locations, and Courthouse Enforcement Policies

VAWA Confidentiality Protections, Courthouse Enforcement, and Sensitive Location Policies at a Glance (December 27, 2021)

Courthouse Immigration Enforcement Steps Courts Are Taking (June 12, 2021)

Immigration and Customs Enforcement January 2018 Courthouse Enforcement Policy and VAWA Confidentiality Protections for Immigrant Crime Victims

DHS FAQs Protected Areas and Courthouse Arrests (October 28, 2021)

Civil Immigration Enforcement Actions in or near Courthouses (April 27, 2021)

Civil Immigration Enforcement Actions Inside Courthouses (January 10, 2018)

VAWA Confidentiality and State Court Discovery

Quick Reference Guide for Judges: VAWA Confidentiality and Discovery Related Case Law (June 12, 2021)

VAWA Confidentiality and Discovery Cases (December 6, 2021)

Court Rulings Confirm Federal VAWA Confidentiality Protections Bar Discovery of VAWA Confidentiality Protected Information in State Family Court Proceedings (June 17, 2014)

VAWA Confidentiality Analysis of People v. AlvarezAlvarez (March 15, 2019)

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 (July 24, 2017)

Quick Reference Guide for Prosecutors: U Visa and VAWA Confidentiality Related Case Law (July 24, 2017)

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 – By Type of Proceeding  (March 2, 2021)

All State Services of Process and Jurisdiction Charts – By State (October 20, 2021)

Family Law: Training Materials (June 14, 2017) 

Custody

NIWAP Newsletter, Child Custody in Immigrant Families (November 15, 2018, Update October 27, 2021) 

When Family and Immigration Laws Intersect: Case Law and Department of Homeland Security Policy Update (September 30, 2021)

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)  

Best Interests of the Child Laws – State-by-State Comparison Maps and Charts (Updated July 7, 2021)

Custody of Children in Mixed Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings (Summer 2013)

Obtaining Custody of Children for Battered Immigrants** (Winter 2017)

State by State Comparison of Best Interests of the Child Factors – Comparison Charts and Maps

Flight Risk of Foreign-Born Parents with Children (June 12, 2021)

Immigration Status, Work Authorization, and Ability to Sponsor Children (December 30, 2021)

Chapter 06.1: Countering Abuser’s Attempts to Raise Victim’s Immigration Status in Custody Cases (July 1, 2013)

Chapter 06.3: The Implications of the Hague International Child Abduction Convention: Cases and Practice (July 1, 2013)

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

Fall 2016: https://www.civicresearchinstitute.com/online/article_abstract.php?pid=6&iid=1269&aid=8304

Winter 2017: : https://www.civicresearchinstitute.com/online/article.php?pid=6&iid=1270

Border Crossings: Understanding the Civil, Criminal, and Immigration Implications for Battered Immigrants Fleeing Across State Lines with Their Children

David B. Thronson, Custody and Contradictions: Exploring Immigration Law as Federal Family in the Context of Child Custody, 59 Hastings L.J. 453 (July 6, 2008).

Child Development and Trauma

Understanding the Significance of a Minor’s Trauma history in Family Court Rulings (May 18, 2021)

Vulnerable but not Broken: Psychosocial Challenges and Resilience Pathways in Unaccompanied Children from Central America (January 2018)

NIWAP Webpage, Significance of Trauma History of Minors (July 1, 2021)

Board of Immigration Appeals Decision on Regarding Children, Brain Development and Trauma (May 22, 2017)

Board of Immigration Appeals Amicus Brief on Recent Research Concerning the Neurobiological, Cognitive, and Psychological Development of Children and Adolescents (July 11, 2016)

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 (June 12, 2021)

DHS Detained Parent Directive (May 2018)

DHS Fact Sheet ICE Policies and Procedures Involving Detained Parents and Legal Guardians (March 2018)

Protection Orders

Immigrants and Protection Orders Bench Card (March 29, 2019)

Battering or Extreme Cruelty Drawing Examples from Civil Protection Orders and Family Law Cases (September 12, 2015)

Seeking Protection Orders for Immigrant Victims** (Fall 2016) 

Chapter 05.1: Battered Immigrants and Civil Protection Orders (July 1, 2013)

Chapter 05.2: Ensuring Access to Protection Orders for Immigrant Victims of Family Violence (July 1, 2014)

Chapter 15: Jurisdictionally Sound Protection Orders (July 3, 2013)

Battered Immigrant Women in the United States and Protection Orders: An Exploratory Research (August 1, 2012)

Chapter 14.01: Protection Orders of Immigrant Victims for Sexual Assault (July 3, 2013)

Unintended Consequences: How Civil Protection Orders Affect Immigrants, Delaware Lawyer’s Magazine (Fall 2018)

Creative Methods in Protecting Battered Immigrants (June 20, 2014)

Immigrant Victims of Interpersonal Violence and Protection Orders (2020)

Use and Outcomes of Protection Orders by Battered Immigrant Women (2006)

Divorce

Bench Card: Impact of Divorce on Immigration Status (April 1, 2019)

Immigration Concerns for Family Law Practitioners

Immigration Status, Work Authorization, and Ability to Sponsor Children (April 17, 2013)

Providing Economic Relief for Immigrant Victims: Child Support and Spousal Support** (Winter 2017)

Chapter 06.4: Ensuring Economic Relief for Immigrant Victims Through Family Law Proceedings: Child Support and Spousal Support (July 1, 2013)

Affidavits of Support Enforcement in State Courts

Affidavits of Support and Enforceability Bench Card (September 30, 2021)

‘Til Death Do Us Part: Affidavits of Support and Obligations to Immigrant Spouses (October 2012)

Kumar v. Kumar Decision California Court of Appeals (2017)

Amicus Curiae brief from National Immigrant Women’s Advocacy Project in Support of Appellant (September 16, 2016) Ashlyne Kumar

Kumar vs. Kumar Success in Court (August 2017)

Immigrant Children and Child Welfare Proceedings

Child Abuse, Neglect, Child Welfare and Termination of Parental Rights

Protecting Parental Rights When the Immigrant Parent is Detained or Deported** (Winter 2017)

Case of Maria L.** (Winter 2017)

Fact Sheet on State v. Maria L. (November 2009)

In Re Interest of Angelica L. and Daniel L. (N.W.2d) (June 26, 2009)

Toolkit: Detention and Termination of Parental Rights (October 2012)

States Definitions of Child Abuse and Neglect (November 7, 2016)

Immigration in Child Welfare System Case Studies (May 2018)

Guide for State Courts in Cases Involving Unaccompanied Immigrant Children (2015)

Unaccompanied Immigrant Children And The State Courts (2015)

HHS: Immigration and Child Welfare (April 2015)

Immigrant Families and Child Welfare Systems: Emerging Needs and Promising Policies (April 2019)

NCJFCJ Deportation and Children

SYNERGY: National Council of Juvenile and Family Court Judges, Intersection of Immigration Enforcement and the Child Welfare System (November 25, 2013)

David B. Thronson & Veronica T. Thronson, Immigration Issues-Representing Children Who Are Not United States Citizens, in Child Welfare Law and Practice: Representing Children, Parents and State Agencies in Abuse, Neglect and Dependency Cases (Donald N. Duquette, Ann M. Haralambie, and Vivek Sankaran eds., 3d ed., National Association of Counsel for Children 2016)

Public Benefits Access for Immigrant Victims

Public Benefits Bench Card

Public Benefits Map

All State Public Benefits Charts and Interactive Map – by immigrant victim case type and benefits program (Updated 2021)

State-Funded Public Benefits Comparison Chart (July 22, 2021)

Annotated Statutes Related to Public Benefits Eligibility for Immigrant Survivors of Domestic Violence, Child Abuse and Human Trafficking (October 31, 2021)

VAWA Public Benefits Eligibility Process: VAWA Self-petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation (April 17, 2013)

U Visa Victims Benefits Eligibility Process (Bench Card) (October 1, 2014)

Trafficking Victims Benefits Eligibility Process (Bench Card) (March 2, 2018) 

Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS (July 30, 2014)

Joint Agency Letter on Shelters and Transitional Housing (August 12, 2016)

Access to Publicly Funded Legal Services for Battered Immigrants (October 1, 2014)

Advisory Opinion 2016-002: Providing Legal Services for Children Seeking Special Immigrant Juvenile Status (July 11, 2016, Revised August 26, 2016)

Access to Public and Assisted Housing VAWA Self-Petitioners –Webpage (August 30, 2021)

NIWAP Webpage, Healthcare Available to Immigrant Crime Victims During the COVID-19 Pandemic (August 1, 2021)

Public Benefits, Immigrants’ Rights and COVID-19 (May 27, 2020 (Update June 12, 2021))

Immigrant Crime Victims and Public Charge: Post-VAWA 2013

Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status (July 23, 2015)

Anti-Discrimination Provisions that Apply to Programs Receiving Federal Funding Serving Victims of Violence against Women Crimes (February 10, 2017)

Privacy Protections for Immigrant Victims of Domestic Violence, Sexual Assault, Human Trafficking, Child Abuse and Other Immigrants Applying for Public Benefits (October 14, 2020)

Public Benefits for U Visa Applicants (June 19, 2015)

Criminal Court Cases Involving Immigrant Victims

What’s Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims (July 24, 2017)

Certifying Early: When Should You Sign a U or T Visa Certification for a Victim? (July 24, 2017)

Comparing Inadmissibility Waivers Available to Immigrant Victims in VAWA Self-Petitioning, U Visa, T Visa and Special Immigrant Juvenile Status Cases (January 28, 2021)

Good Moral Character: Assessment Tool (October 15, 2013)

Language Access

DOJ Letter to State Chief Justices and State Court Administrators on Access for Limited English Proficient Persons to State Court Proceedings (August 16, 2010)

Fact Sheet: Language Access in the US Court System (April 1, 2019 Updated June 12, 2021)

Judicial Bench Card for Court Interpretation (2006)

Translation Requirements for Vital Documents, Intake and Notice of LEP Assistance for DOJ and HHS Grantees Serving Immigrant Crime Victims”(March 9, 2014; Updated April 14, 2016)

Serving Limited English Proficient Immigrant Victims**  (Fall 2016)

Chapter 02: Ensuring Language Access to Immigrant Victims of Sexual Assault (2013)

Chapter 1.4: Laws Governing Law Enforcement Agency Provision of Language Assistance to Limited English Proficient Persons (May 16, 2017)

Working With Court Interpreters (December 2016)

Language Access General Materials (Updated June 18, 2019)

State-by-State Demographics (Updated June 5, 2018)

Proper Role of a Court Interpreter

Questions to Ask When Qualifying an Interpreter (October 26, 2007)

What Court Interpreters Would Tell You if They Were Here (February 19, 2009)

Screening Tools

Bench Card – Identifying Victims Who May Qualify for Immigration Relief (March 9, 2022)

Comparing Forms of Immigration Relief for Immigrant Victims of Crime” (September 12, 2017)

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) (July 10, 2015)
Identifying Forms of Immigration Relief Available for Battered Immigrant Victims**(Fall 2016)

Blue Card: Screening for Victims Who Qualify for Immigration Protective Relief (Squad Car Screening Tool) (March 2, 2018)

Glossary of Terms for Work with Immigrant Survivors

Access to Justice and Crime Victim Protections/Research Memos and Articles

Transforming Lives Executive Summary – Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status (April 12, 2021)

Transforming Lives Abstract, Conclusions, Recommendations – Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status (April 12, 2021)

Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status (April 12, 2021)  

CH 1.1 Dynamics of Domestic Violence Experienced by Immigrant Victims (July 31, 2013)

Dynamics of Sexual Assault and the Implications for Immigrant Women (March 31, 2014)

Power and Control Tactics Used Against Immigrant Women (2004)

The Legacy of Racism for Children (July 1, 2020)

On Their Own by Lauren Villagran for Searchlight New Mexico (June 4, 2019)

ICE Memo April 2019 Memo on Crime Victims

Promoting Access to Justice for Immigrant Crime Victims and Children: Findings of a National Judicial Survey and Recommendations (2018)

US DOJ Memo Case Processing Priorities (January 31, 2017)

David B. Thronson, Of Borders and Best Interests: Examining the Experiences of Undocumented Immigrants in U.S. Family Courts, 11 Tex. Hisp. J.L. & Pol’y 45 (2005) (reprinted at 11 Bender’s Immigration Bulletin 7 (Jan. 1, 2006); reprinted at 27 Immigr. & Nat’lity L. Rev. (2007); reprinted in International Family Law (Ann Laquer Estin, ed., Elgar Publishing 2016)).

The Central Role of Victim Advocacy for Victim Safety While Victims’ Immigration Cases Are Pending (July 29, 2014)

Protection Orders and Battered Immigrants: The Impact of Attorneys and Advocates (June 20, 2014)

Early Access to Work Authorization For VAWA Self-Petitioners and U Visa Applicants (February 12, 2014)

David B. Thronson, Choiceless Choices: Deportation and the Parent-Child Relationship, 6 Nev. L.J. 1165 (2006) (reprinted at 12 Bender’s Immigration Bulletin 167 (February 15, 2007); reprinted in Justice, Politics and the Family, Daniel Engster and Tamara Metz, eds., Paradigm Publishers 2013)).

Prosecutorial Discretion: Certain Victim, Witnesses and Plaintiffs (June 17, 2011)

David B. Thronson, Creating Crisis: Immigration Raids and the Destabilization of Immigrant Families, 43 Wake Forest L. Rev. 391 (2008).

David B. Thronson, You Can’t Get Here From Here: Toward A More Child-Centered Immigration Law, 14 Va. J. Soc. Pol’y & L. 58 (2006).

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

Published April 25, 2022