NIWAP hosted this training at the National Council of Juvenile and Family Court Judges’ National Conference on Juvenile Justice. This presentation outlines appropriate steps to assist child and adult victims of human trafficking victims identified in state juvenile and family court proceedings. It also explains how to access information to craft court orders that accurately reflect the services and benefits immigrant victims of human trafficking for in your state and avoid unintended consequences in state court orders.

You can elect NIWAP’s general outreach list to receive notices of trainings, webinars, new materials, resources and policies. Judges, court staff, law enforcement and prosecutors can sign up for lists exclusively open to staff working at one of these government agencies. To receive updates, sign up for NIWAP’s outreach list.

If you are a victim advocate, attorney, judge, or other professional working with an immigrant victim and you would like to receive case specific technical assistance on family law issues that arise in cases of immigrant crime victims, please call NIWAP for technical assistance.  (202) 274-4457 or email us at info@niwap.org.

Training Materials

• Agenda
• PowerPoint Presentation

Human Trafficking

• Blue Campaign: What You Can Do- Recognizing and Supporting Trafficking Victims in the Courtroom
• Sample Questions for Identifying a Trafficked/Enslaved Person
• Brochure: Continued Presence & Temporary Immigration Status for Victims of Human Trafficking
• Blue Campaign: What Can You Do? (Judicial)
• “Crash” – DHS Blue Campaign Trafficking PSA
• Human Trafficking and the T-Visa
• Chapter 11: T-Visa Timeline with Background Checks
• T-Visa Timeline with Background Checks
• Approaches to Addressing Human Trafficking
• Definitions, Forms, and Dynamics of Human Trafficking
• DHS Continued Presence: Temporary Immigration Status for Victims of Human Trafficking
• Human Trafficking Assessment and Measurement Framework
• Identifying Cases that May Involve Human Trafficking
• Immigration Rights of Victims of Human Trafficking
• Characteristics of a State Court Focused Approach to Addressing Human Trafficking
• Infrastructure Required to Support Courts and Justice Partners in Human Trafficking Cases
• Dealing with Human Trafficking Victims in a Juvenile Case
• Human Trafficking Victims as Criminal Defendants

U and T Visa Certification

• DHS U and T Visa Law Enforcement Resource Guide
• DHS Policy Answers to Law Enforcement Reasons for Not Certifying
• U Visa Certification Tool Kit for Federal, State, and Local Judges, Commissioners, and Magistrates
• U Visa Quick Reference for Judges (September 4, 2018)
• U-Visa Flow Chart
• U-Visa: “Helpfulness” Checklist
• USCIS U Visa Certification Factsheet Q&A
• Collection of U Visa News Articles
• The Importance of the U-visa as a Crime-Fighting Tool for Law Enforcement Officials – Views from Around the Country
• Protecting Our Communities and Officer Safety
• Overcoming Fear and Building Trust With Immigrant Communities and Crime Victims (Police Chief Magazine April 2018)
• Bench Card: DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda: Information for State Court Judges
• Understanding the Judicial Role in U-Visa Certification, American Journal of Family Law
• New U and T Visa Application and Certification Forms (January and February 2017)
• Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (National)
• Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (Minnesota)
• U Visa Certification by Judges: Minnesota Board of Judicial Standards Opinion
• National Survey on Types of Criminal Activities: Experienced By U-Visa Recipients
• Expert Advice for Judges: How to Handle U Visa Certification Requests (Webinar)
• State Laws

Forms and Instructions

• DHS: Instructions for Form I-914, Supplement B
• DHS: Form I-914, Supplement B for T visa Endorsement
• DHS: Instructions for Form I-918, Supplement B, for U visa Certification
• DHS: Form I-918, Supplement B, for U visa Certification
• T Visa Declaration (Certification) I-914 Supplement B Instructions (January 18, 2017)
• T Visa Declaration (Certification) Form I-914 Supplement B (January 18, 2017)

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

• The Special Immigrant Juvenile Status Bench Book: A National Guide to Best Practice for Judges and Courts (April 2018)
• Chapter I – Introduction to Special Immigrant Juvenile Status
• Chapter II – Details About Special Immigrant Juvenile Status (SIJS) Findings
• Chapter III – Abuse, Abandonment, or Neglect – The Role of State Law Definitions in Special Immigrant Juvenile Status Findings
• Chapter IV – Application of the Best Interest of the Child Standard in SIJS
  • Chapter V-1 – Adoption Quick Reference
  • Chapter V-2 – Civil Protection Orders Quick Reference Guide
  • Chapter V-3 – Custody Quick Reference Guide
  • Chapter V-4 – SIJS in Declaratory Judgment Cases Quick Reference
  • Chapter V-5 – Delinquency Quick Reference
  • Chapter V-6 – Dependency Quick Reference
  • Chapter V-7 – Guardianship Quick Reference
  • Chapter V-8 – Paternity Quick Reference Guide
• Chapter VI – Inadmissibility in SIJS
• Chapter VII – Service of Process in SIJS
• Appendix A – SIJS Statutory and Regulatory Provisions
• Appendix B – SIJS Legislative History
• Appendix C ­­– TVPRA-SIJ Neufeld Memo
• Appendix D1 – USCIS SIJS Policy Manual Full – Vol 6
• Appendix D2 – USCIS SIJS Policy Manual Full – Vol 7
• Appendix E – Understanding the Significance of a Minor’s Trauma History in Family Court Rulings
• Appendix F – DHS Interactive Infographic on Protections for Immigrant Victims
• Appendix G – DHS Immigrants Options for Victims of Crime (English)
• Appendix H – DHS SIJS Brochure
• Appendix I – DOJ Language Access Letter to Courts
• Appendix J – Types of Proceedings SIJS Findings
• Appendix K – State Law Definitions of Child Abuse
• Appendix L – Abandonment of Children Statutes Definitions
• Appendix M – State Law Definitions of Child Neglect
• Appendix N – Domestic Violence Includes Child Abuse and Child Neglect
• Appendix O – States Definitions of Child Endangerment as More Severe Than Neglect
• Appendix P – State Law Definitions of Forced Marriage as Child Abuse
• Appendix Q – Best Interests of the Child Matrix
• Appendix Q-1 – Best Interests of the Child All Factors
• Appendix Q-2 – Best Interests – Catch All
• Appendix Q-3 – Best Interests – Child’s Family Relationships
• Appendix Q-4 – Best Interests – Child’s Needs
• Appendix Q-5 – Best Interests – Child’s Wishes
• Appendix Q-6 – Best Interests Continuity and Stability of Child Factor
• Appendix Q-7 – Best Interests of the Child – Family Violence
• Appendix Q-8 – Best Interests – Joint Custody
• Appendix Q-9 – Best Interests – Parental Cooperation Conflict
• Appendix Q-10 – Best Interests – Parental Fitness
• Appendix Q-11 – Best Interests – Parental Wishes
• Appendix Q-12 – Best Interests – Substance Abuse, Mental Illness, and Criminal History Factor
• Appendix R – Custody in Protection Orders Proceedings
• Appendix S – Using Declaratory Judgment in Family Law Matters
• Appendix T – Declaratory Judgments – Cases By Topic & State
• Appendix U – SIJS and State Declaratory Judgment Statutes – State by State
• Appendix V – Guardianship Appointment of Guardian Chart
• Appendix W – When Guardianship Terminates
• Appendix X – SIJS Case Law Chart
• Appendix Y – States with Rules Identical to FRCP 4
• Appendix Z – Glossary of Terms for Work with Immigrant Survivors

SIJS Training Materials

• New Practice Advisory on Special Immigrant Juvenile Status Applications Published: Additional Information for Judges and Attorneys
• Factors That Can Demonstrate That It is Not in a Child’s Best Interests to be Returned to Their Home Country (October 2018)
• Immigration Protection Screening Checklist: Special Immigrant Juvenile Status
• 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
• Immigration Relief for Abused Children
• Special Immigrant Juvenile Status: Information for Juvenile Courts
• Special Immigrant Juvenile Status: Information for Child Welfare Workers
• Comparison Chart of VAWA, U, and SIJS
• Representing Undocumented Children Who Have Been Abused, Neglected, or Abandoned (Special Immigrant Juvenile Status)^**
• Special Immigrant Juveniles- Memorandum #2: Clarification of Interim Field Guidance
• Grounds of Inadmissibility for Special Immigrant Juveniles
• Webinar: Special Immigrant Juvenile Status – Best Practices of Drafting Findings

VAWA Self-Petition

• Introduction to VAWA Self-Petitioning and Flow Charts
• VAWA Self-Petitioning Flow Chart for Child Applicants
• Flowchart: VAWA Self-Petitioning Eligibility for Elder Abuse Survivors
• Flowchart: VAWA Self-Petitioning Eligibility for Adults
• Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS
• Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases
• Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the US and Facts about Immigrating on a Marriage-based Visa

VAWA Confidentiality

Bench Cards

• Family Court Bench Card on VAWA Confidentiality
• Bench Card: DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda: Information for State Court Judges

VAWA Confidentiality Statutes, Regulations, and Policies:

Training Materials

• Three Prongs of VAWA Confidentiality
• Quick Reference: VAWA Confidentiality Protections: Quoting Statutes, Regulations and DHS Policies 3.29.19
• VAWA Confidentiality Protections for Immigrant Crime Victims (Webpage) (February 23, 2017)
• Chapter 3.2: VAWA Confidentiality and Breaches of Confidentiality
• Chapter 3: VAWA Confidentiality, History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections
• Utilizing VAWA Confidentiality Protections in Family Court Proceedings^**
• Protecting Immigrant Victims: VAWA Offers Immigration Protections for Sexual Assault Victims
• Newsletter on VAWA Confidentiality

Statute, Regulations, Policies, and DHS Publications

• Interlineated statute
• VAWA Confidentiality Statutes, Legislative History and Implementing Policy (2.23.17)
• 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
• All DHS VAWA Confidentiality Instruction
• DHS Broadcast Code of Admission for VAWA confidentiality protected cases the DHS computerized red flag system for cases that have already been filed
• ICE and OPLA VAWA Confidentiality Operations Memos
• DHS Civil Rights Civil Liberties Complaint Instructions for VAWA Confidentially Violation Investigations
• Memorandum: Non-disclosure and Other Prohibitions Relating to Battered Aliens: IIRIRA 384
• Executive Office of Immigration Review EOIR: VAWA Confidentiality Procedures for Immigration Court

VAWA Confidentiality and Courthouse Enforcement Policies

• Civil Immigration Enforcement Actions Inside Courthouses (January 10, 2018)
• VAWA Confidentiality Protections, Courthouse Enforcement, and Sensitive Location Policies at a Glance (3.29.19)
• Immigration and Customs Enforcement January 2018 Courthouse Enforcement Policy and VAWA Confidentiality Protections for Immigrant Crime Victims
• Courthouse Immigration Enforcement: Steps State Courts Are Taking (2018)
• February 2018 Newsletter: New ICE Policies on Courthouse Enforcement and VAWA Confidentiality

VAWA Confidentiality and State Court Discovery

• Quick Reference Guide for Judges: VAWA Confidentiality and Discovery Related Case Law
• Court Rulings Confirm Federal VAWA Confidentiality Protections Bar Discovery of VAWA Confidentiality Protected Information in State Family Court Proceedings
• VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information
• Quick Reference Guide for Prosecutors: U Visa and VAWA Confidentiality Related Case Law

Webinars

• Impact of DHS Enforcement Priorities on Courts: VAWA Confidentiality and Enforcement” (Webinar)(August 21, 2018)
• VAWA Confidentiality Webinar (February 9, 2015)

Immigration Relief for Crime Victims and Children

Know Your Rights

• DHS-Interactive-Infographic-on-Protections-for-Immigrant-Victims
• DHS Immigration Options for Victims of Crimes
• Multilingual Materials for Victims and Advocates
• Pathways to Immigration Relief for Students
• Information on Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on Marriage-Based Visas
• USCIS Brochure for Victims: Immigration Relief for Abused Children
• Special Immigrant Juvenile Status: Information for Juvenile Courts
• Special Immigrant Juvenile Status: Information for Child Welfare Workers
• USCIS Brochure: Female Genital Mutilation or Cutting

Language Access

• Language Access General Materials
• DOJ Letter to State Chief Justices and State Court Administrators on Access for Limited English Proficient Persons to State Court Proceedings
• Judicial Bench Card for Court Interpretation
• Serving Limited English Proficient Immigrant Victims
• Chapter 1.4: Laws Governing Law Enforcement Agency Provision of Language Assistance to Limited English Proficient Persons

Screening Tools

• 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)
• Identifying Forms of Immigration Relief Available for Battered Immigrant Victims^**
• Blue Card: Screening for Victims Who Qualify for Immigration Protective Relief (Squad Car Screening Tool)
• Glossary of Terms for Work with Immigrant Survivors

Access to Justice and Crime Victim Protections

• On Their Own by Lauren Villagran for Searchlight New Mexico (June 4, 2019)
• ICE Memo April 2019 Memo on Crime Victims
• Prosecutorial Discretion: Certain Victim, Witnesses and Plaintiffs
• US DOJ Memo Case Processing Priorities 01 31 2017
• The Central Role of Victim Advocacy for Victim Safety While Victims’ Immigration Cases Are Pending
• Protection Orders and Battered Immigrants: The Impact of Attorneys and Advocates
• Promoting Access to Justice for Immigrant Crime Victims and Children: Findings of a National Judicial Survey and Recommendations

Criminal Court Cases Involving Immigrant Victims

• What’s Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims
• Certifying Early: When Should You Sign a U or T Visa Certification for a Victim?
• Overview of Immigration Consequences of State Court Criminal Convictions
• Good Moral Character: Assessment Tool

Family Law Cases: Special Issues for Immigrant Crime Victims and Children

Custody

• Bench Card: Impact of Divorce on Immigration Status
• Family Court Bench Card on Issues that Arise in Custody Cases Involving Immigrant Parents, Children, and Crime Victims
• Custody of Children in Mixed Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings
• Obtaining Custody of Children for Battered Immigrants^**
• Chapter 06.1: Countering Abuser’s Attempts to Raise Victim’s Immigration Status in Custody Cases
• Chapter 06.3: The Implications of the Hague International Child Abduction Convention: Cases and Practice
• Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights: Family and Intimate Partner Violence Quarterly Fall 2016/Winter 2017**
  • Fall 2016
  • Winter 2017
• NIWAP October 2018 Custody Newsletter (October 19, 2018)

Child Development and Trauma

• Understanding the Significance of a Minor’s Trauma history in Family Court Rulings
• Vulnerable but not Broken: Psychosocial Challenges and Resilience Pathways in Unaccompanied Children from Central America

Securing a Detained Parent’s Participation in Court Proceedings Involving Children

• How to Get a Detained Person to Court for Family Court Cases Involving Children and/or Criminal Proceedings
• DHS Detained Parent Directive
• DHS Fact Sheet ICE Policies and Procedures Involving Detained Parents and Legal Guardians

Protection Orders

• Immigrants and Protection Orders Bench Card
• Battering or Extreme Cruelty Drawing Examples from Civil Protection Orders and Family Law Cases
• Seeking Protection Orders for Immigrant Victims^**
• Chapter 05.1: Battered Immigrants and Civil Protection Orders
• Chapter 05.2: Ensuring Access to Protection Orders for Immigrant Victims of Family Violence
• Chapter 15: Jurisdictionally Sound Protection Orders
• Battered Immigrant Women in the United States and Protection Orders: An Exploratory Research
• Chapter 14.01: Protection Orders of Immigrant Victims for Sexual Assault
• Unintended Consequences: How Civil Protection Orders Affect Immigrants, Delaware Lawyer’s Magazine
• Creative Methods in Protecting Battered Immigrants

Economic Relief

• Immigration Status, Work Authorization, and Ability to Sponsor Children
• Providing Economic Relief for Immigrant Victims: Child Support and Spousal Support^**
• Immigration Concerns for Family Law Practitioners

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

• Protecting Parental Rights When the Immigrant Parent is Detained or Deported^**
• Case of Maria L.^**
• Fact Sheet on State v. Maria L.
• In Re Interest of Angelica L. and Daniel L. (N.W.2d)
• Toolkit: Detention and Termination of Parental Rights

Immigrant Children and Child Welfare Proceedings

• Immigration in Child Welfare System Case Studies
• Guide for State Courts in Cases Involving Unaccompanied Immigrant Children
• Unaccompanied Immigrant Children And The State Courts
• HHS: Immigration and Child Welfare
• Immigrant Families and Child Welfare Systems: Emerging Needs and Promising Policies
• NCJFCJ Improving Child Welfare Practice for Immigrant Victims of Domestic Violence (Webinar)
• NCJFCJ Deportation and Children

• SYNERGY: National Council of Juvenile and Family Court Judges, Intersection of Immigration Enforcement and the Child Welfare System
• The Impact of Immigration Enforcement on Child Welfare

Public Benefits and Access of Immigrant Victims

• Public Benefits Bench Card
• Public Benefits Map
• State by State Public Benefits Charts
• VAWA Public Benefits Eligibility Process: VAWA Self-petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation
• U Visa Victims Benefits Eligibility Process (Bench Card)
• Trafficking Victims Benefits Eligibility Process (Bench Card)
• Joint Agency Letter on Shelters and Transitional Housing
• Access to Publicly Funded Legal Services for Battered Immigrants
• Advisory Opinion 2016-002: Providing Legal Services for Children Seeking Special Immigrant Juvenile Status
• Access to Public and Assisted Housing VAWA Self-Petitioners –Webpage (January 26, 2017)
• Post-VAWA 2013: Immigrant Crime Victims and Public Charge
• Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status
• Anti-Discrimination Provisions that Apply to Programs Receiving Federal Funding Serving Victims of Violence against Women Crimes

Bibliography

• Immigrant Crime Victims Legal Bibliography (2013)
• Immigrant Crime Victims Social Science Bibliography (2013)