NIWAP has developed the “Pathways” podcast series currently available on Spotify.
Episodes include:
U-Visa 101: The Visa for Victims of Crime (44 minutes)
In the first episode of Pathways, NIWAP Deputy Director, Rocio Molina sits down with Tara Patet, a prosecutor in St. Paul, MN and Investigator Michael LaRiviere from Salem, MA Police Department to discuss the basics of U-Visas. Created in October 2000, U-Visas are designed for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement in investigation or prosecution or criminal activity. In this episode, we introduce U-Visas and how law enforcement can use them when investigating these cases. We also cover the certification process and discuss the concept of “helpfulness” when issuing a U-Visa.
U-Visa FAQ’s (22 minutes)
In this episode, Stacey Ivie, a Detective and Task Force Officer with City of Alexandria, VA Police Department answers some frequently asked questions about the U Visa and debunks myths centered around the U-Visa certification process. She talks about the role of the certification agency, addresses the myths around certifying versus sponsorship, false reporting and non-cooperation from victims. Overall, Stacey Ivie emphasizes that filing U-Visas is important because it helps the criminal justice system and gives law enforcement opportunities to combat crimes generally and not just within the immigrant population.
T-Visa 101: The Visa for Traficking Victims (25 minutes)
In this episode of Pathways, NIWAP Director, Leslye Orloff discusses T-Visas with Stacey Ivie, a Detective and Task Force Officer with City of Alexandria, VA Police Department. T-Visas were created to protect noncitizen victims of human trafficking by providing immigration relief to those who are eligible. In this episode, we introduce the basics and fundamentals of T-Visas and how law enforcement can use them to assist in their trafficking cases involving noncitizen victims.
The Importance of Certifying U Visa Cases Early (32 minutes)
In this episode, NIWAP Director, Leslye Orloff, Jane Anderson, a former prosecutor, now with Aequitas, and Christopher Freeman, a prosecutor from Hennepin County, MN talk about the importance of certifying early in the U and T visa process. They talk about basics of timing around certification, the helpfulness component of certification and the benefits of early certification to the victim as well as to the certifying agency. They further discuss the positive impact of early certification on the underlying case and address the fears around non-cooperation of victims. The episode ends with speakers identifying the resources and tool available to prosecutors and certifying agencies on the benefits of early certification.
Building Relationships: Collaboration between Law Enforcement, Prosecutors and the Community
Part One – Best Practices Working with Immigrant Victims (26 minutes)
In this episode, NIWAP Director, Leslye Orloff, Sergeant Inspector Tony Flores from the San Francisco Police Department, Officer Irene Lee Klein from the West Hartford Police Department, and Sharla Jackson from the Prosecuting Attorneys Counsel of Georgia talk about building relationships between the criminal justice system and those they serve along with best practices for working with immigrant victims. They discuss outreach of services that law enforcement and victim services have for people within the community (both before and after incidences of crime). The podcast also touches upon the importance and advantages of the outreach and established relationships with the immigrant communities.
Focuses on Best Practices for Working with Immigrant Victims.
Part Two – Working with NGOs and Applying Trauma-Informed Practices (47 minutes)
In this episode, NIWAP Director, Leslye Orloff, Sergeant Inspector Tony Flores from the San Francisco Police Department, Officer Irene Lee Klein from the West Hartford Police Department, and Sharla Jackson from the Prosecuting Attorneys Counsel of Georgia continue the discussion in talking about how law enforcement agencies get and disseminate information and tools (such as the Department of Homeland Security’s blue shield campaign) about the various forms of immigration relief available to victims of crime. They discuss accessibility issues and how lack of accessibility can be a problem in serving victims. The podcast then touches upon how T and U visa are used as a tool to build relationships with the community, how victims requests for police reports are handled and finally the discussion ends with the speaker’s offering tips on how communities can be built to serve victims better and the resources NIWAP’s library has available on this topic.
Trial Strategies in U Visa Cases (53 minutes)
In this episode, NIWAP Director, Leslye Orloff, Jane Anderson, an attorney advisor at Aequitas and Christopher Freeman, a prosecutor from Hennepin County, MN talk about trial strategies and preparation tactics for prosecutors, law enforcement and victim advocates in cases involving U Visa witnesses, victims with U Visa application or those seeking some forms of U Visa relief. The podcast addresses some of the challenges and concerns that prosecutors have around U Visa cases and how to address those. They discuss the concerns around discovery obligations and issues in a U Visa relief, and direct listeners to the resources available on NIWAP’s website for discovery issues. The podcast focusses on trial preparation tips such as jury selection, litigating pretrial motions, court education and how to address the U Visa issue on stand.
Issues Around Language Access for Immigrant Crime Victims and Witnesses
A two-part episode discussing issues of language access for crime victims and witnesses. Featuring Detective Shelli Sonnenberg from the Boise, Idaho, police department, and Investigator Michael LaRiviere from the Salem, MA Police Department, along with Leslye Orloff, director of NIWAP.
Part One: (26 minutes)
In this episode, Leslye Orloff, director of NIWAP, Detective Shelli Sonnenberg from the Boise, Idaho Police Department, and Investigator Michael LaRiviere from the Salem, Massachusetts Police Department talk about language access for crime victims and witnesses. The podcast talks about working with immigrant communities where language and cultural barriers exist, the challenges that exist in working with immigrant communities and the legal responsibility of law enforcement in serving immigrants with limited language access. What the rules and regulations are when law enforcement works with members of the community that have less English proficiency, the resources available to immigrants and requirements of qualified interpretation.
Part Two (25 minutes)
In this episode, Leslye Orloff, director of NIWAP, Detective Shelli Sonnenberg from the Boise, Idaho Police Department, and Investigator Michael LaRiviere from the Salem, Massachusetts Police Department continue their conversation around how to provide effective language access and best practices for agencies when implementing language access for all victims and witnesses. They discuss the best practices on working with an interpreter, how to get the most accurate information, they reflect on past experiences with language access issues, and lessons learned as examples from real cases. They end with tips on how to bring language access resources to other law enforcement agencies.
Web Library (26 minutes)
In this episode, NIWAP’s Director, Leslye Orloff, explains what NIWAP is, how it came to be, and how to take advantage of its resources (including the web library, local resources, online webinars, training materials, and technical assistance support). The speakers then discuss how to effectively navigate NIWAP’s web library to retrieve the correct information, the audience it seeks to serve and an overview of the resources
available such as statutes, regulations, government policies, NIWAP’s training manuals, toolkits, checklists, state by state guides and a directory of resources.
Series: Supporting Non-Citizen Victims of Elder Abuse
Part One (31 minutes)
In this episode NIWAP Deputy Director, Rocio Molina, Investigator Michael LaRiviere from the Salem, Massachusetts Police Department, Senior Prosecutor Tara Patet from St. Paul, Minnesota talk elder abuse especially in immigrant communities. The speakers discuss what encompasses elder abuse, and how to identify the different forms of elder abuse. The challenges and barriers to reporting elder abuse the need for resources especially around language access in these cases. The episode discusses how to overcome some of the barriers and how to work collaboratively with the medical community, law enforcement and prosecution.
Part Two (29 minutes)
In this episode, Investigator Michael LaRiviere from the Salem, Massachusetts Police Department, and Senior Prosecutor Tara Patet from St. Paul, Minnesota continue to talk about barriers to cooperation and how to break them, underreporting of elder abuse in immigrant communities, how to take advantage of resources in the community and what sorts of mechanisms there are to encourage cooperation in existing cases. Additionally, the speakers discuss the U-Visa, VAWA self-petitions and how those process can protect immigrant survivors of abuse.The speakers talk about the importance of Community Advocacy, resources like Adult Protective Services, and outreach to community organizations that work with seniors.
Series: Best Practices in Victim Advocacy for Immigrant Survivors
Immigration Consequences of Criminal Convictions: What Prosecutors Need to Know (1 hour 6 minutes)
In this episode, NIWAP Deputy Director, Rocio Molina, immigration attorney, Cora Tekach, and staff attorney for Virginia Commonwealth’s Attorney Services Council, Elliot Casey discuss criminal convictions for offenses of domestic and sexual violence for immigrant perpetrators. They discuss the impact of immigration status and conviction on potential deportations, and the importance of factual and legal analysis in determining the outcome of removal proceedings. They talk about the due process rights of immigrants; what constitutes conviction under immigration law and what is a crime of moral turpitude and what is good moral character in the context of immigration law. The podcast cautions against making assumptions based on facts alone and to seek specialist advice in a matter involving immigration law.
Part One (38 minutes)
In this episode, Suzanne Ramos, Victim Advocate at Reno City Attorney’s Office in Reno, NV, Yvette Richardson, The National Network to End Domestic Violence, Elliot Casey, staff attorney for Virginia Commonwealth’s Attorney Services Council, and Leslye E. Orloff, Director, National Immigrant Women’s Advocacy Project talk about victim advocacy and in particular about advocacy for immigrant survivors regarding access to public benefits. They discuss how information on services is made available to victim survivors, what challenges they face from the prosecutors and law enforcement in the U Visa program and how the work of victim advocates compliments the work of law enforcement and prosecutors. Lastly, they talk about the role of attorneys in helping immigrant survivors.
Part Two (33 minutes)
In this episode, Suzanne Ramos, Victim Advocate at Reno City Attorney’s Office in Reno, NV, Yvette Richardson, The National Network to End Domestic Violence, Elliot Casey, staff attorney for Virginia Commonwealth’s Attorney Services Council, and Leslye E. Orloff, Director, National Immigrant Women’s Advocacy Project continue their conversation on the role of victim advocates with immigrant survivors. They discuss options for victims who are trapped with their perpetrators and how the visa process or in some cases, children can be used as weapons and how to solve and overcome those barriers, they also talk about NIWAP’s web library and what local and national public benefits available to survivors.
Part Three (23 minutes)
In this episode, Suzanne Ramos, Victim Advocate at Reno City Attorney’s Office in Reno, NV, Yvette Richardson, The National Network to End Domestic Violence, Elliot Casey, staff attorney for Virginia Commonwealth’s Attorney Services Council, and Leslye E. Orloff, Director, National Immigrant Women’s Advocacy Project continue their conversation around additional medical and public benefits available under both VOCA and VAWA how to work with applicants and how to create adequate record for those applicants.
Part Four (43 minutes)
In the last episode of this four-part series, Suzanne Ramos, Victim Advocate at Reno City Attorney’s Office in Reno, NV, Yvette Richardson, The National Network to End Domestic Violence, Elliot Casey, staff attorney for Virginia Commonwealth’s Attorney Services Council, and Leslye E. Orloff, Director, National Immigrant Women’s Advocacy Project continue their conversation around relations with other agencies, maintaining confidentiality while maintaining relations with several agencies under VAWA and the VAWA confidentiality rules and also talk about connecting survivors with resources and how to best advocate for survivors in the community.
Series: Strategies for Prosecutors Working with Immigrant Victims
Part One (22 minutes)
In this episode, Shannon Archer, Assistant County Attorney, Polk County, Iowa, Christopher Freeman, Senior Assistant County Attorney, Hennepin County, MN, and Elliot Casey discuss the fundamentals of building trust with victims of crime, especially those who lack lawful status in the United States. Doing so requires humility and the willingness to be continuously learning, while making sure to listen and ask the right questions to build an understanding of victims’ needs and experiences. The speakers stress the need for prosecutors to manage victims’ expectations, provide accurate information, and maintain consistent communication. Finally, the discussion touches on the challenges of working with immigrant victims, including misinformation and the fear of immigration consequences, and the role of the U Visa in protecting and enhancing cooperation with victims.
Part Two (34 minutes)
In this episode, Shannon Archer, Assistant County Attorney, Polk County, Iowa, Christopher Freeman, Senior Assistant County Attorney, Hennepin County, MN, and Elliot Casey continue their discussion on working with the immigrant community to build trust, . steps that can be taken to avoid inadvertently sabotaging relationships with victims, some of the challenges faced in fear of immigration consequences, as well as how the U Visa can help to protect the victim and how to enhance cooperation to make sure offenders are held accountable. Providing access to interpreters and advocates familiar with cultural backgrounds is one crucial step in working with victims. Potential pitfalls, such as making unrealistic promises, are also discussed with a stressed importance on earning community trust through consistent, empathetic efforts.
Series: Language Access and the Courts
Part One (47 minutes)
In this episode, Patricia Ravenhorst, General Counsel, South Carolina Coalition Against Domestic Violence and Sexual Assault, Susan Pearlstein from Philadelphia Legal Assistance, Hadar Swerdlow, Family Law Attorney from Atlanta Legal Aid, Judge Ramona Gonzalez from La Crosse County Circuit Court in Wisconsin, Commissioner Loretta Young New Castle County Family Court in Delaware, Elliott Casey from Virginia Commonwealth’s Attorneys’ Services Council, Rocio Molina, Deputy Director NIWAP, and Leslye Orloff, the Director of NIWAP examine the issues and challenges posed in serving members of the community who have limited English proficiency (LEP).They focus the discussion on the needs of people who have the language barrier, what it means to be a person of LEP, and then discuss the role of courts in overcoming those barriers. They further examine the challenges when resources are not available or plentiful. Lastly, they discuss the roles of judges in what they can do ethically and practically to make sure justice is delivered to those who are less proficient in English.
Part Two (58 minutes)
In this episode, Patricia Ravenhorst, General Counsel, South Carolina Coalition Against Domestic Violence and Sexual Assault, Susan Pearlstein from Philadelphia Legal Assistance, Hadar Swerdlow, Family Law Attorney from Atlanta Legal Aid, Judge Ramona Gonzalez from La Crosse County Circuit Court in Wisconsin, Commissioner Loretta Young New Castle County Family Court in Delaware, Elliott Casey from Virginia Commonwealth’s Attorneys’ Services Council, and Leslye Orloff, the director of NIWAP continue their discussion on language access for LEP litigants. They talk about the opportunities to use new technology, how to address the challenges of geography, poverty and cultural experiences from different cultures outside the US, and how to avoid the most common mistakes and pitfalls when working with LEP survivors. Lastly, they discuss what policies, procedures and practices judges and litigants can use to prepare in advance so they can advocate better.
Series: Simplifying Public Benefits for Immigrant Survivors
Part One (22 minutes)
In this episode, NIWAP Director, Leslye Orloff, NIWAP, Assistant Director Rafaela Rodrigues and Elliott Casey from Virginia Commonwealth’s Attorneys’ Services Council talk about how to navigate and understand what public benefits are available to immigrant survivors through NIWAP’s created tool, the Public Benefits Map. They talk about the reasons behind creating the map based on the difficulties people faced in accessing this information. The map provides an easy access to state-by-state laws on public benefits, with exact legal citations and includes details on benefits based on different immigration status. This map makes it easy to identify the type of benefits that that immigrant survivors qualify or do not qualify for. The map not only details the type of benefits such as TANF, SNAP, Food Stamps etc. but also matches different immigration status such as U Visa applicants, Refugees, Asylees etc. to the type of benefits available to them. Lastly, they talk about where to locate the map on NIWAP’s website and how to navigate it.
Part Two (32 minutes)
In this episode, NIWAP Director, Leslye Orloff, NIWAP, Assistant Director Rafaela Rodrigues and Elliott Casey from Virginia Commonwealth’s Attorneys’ Services Council continue their discussion on public benefits for immigrant survivors. They begin by discussing the barriers to public befits for immigrants, the lack of knowledge, language barriers, and the added complexity around differing state laws. They continue to talk about the legislative roots and basis in law of the public benefits, they educate the listeners on the various forms of benefits, educational, health, legal and emergency benefits that immigrants can avail of, they address the income component of public benefits and highlight how victims of crime are entitled to benefits in most states. Lastly, the podcast relays a general overview of benefits that are available to everyone without regard to immigration status.
Part Three (35 minutes)
In this third episode on public benefits for immigrant survivors, NIWAP Director, Leslye Orloff, NIWAP, Assistant Director Rafaela Rodrigues and Elliott Casey from Virginia Commonwealth’s Attorneys’ Services Council continue their discussion on public benefits looking at state, federal, and means tested benefits vis-a-vis immigration status. They discuss the most common categories of immigrants, what benefits they are entitled to along with which benefits are based on means testing, which benefits have a 5-year waiting, healthcare subsidies, the ability to purchase healthcare on the exchange and lastly the varying level of benefits that different states offer.
Part Four (35 minutes)
In this fourth episode on public benefits for immigrant survivors, NIWAP Director, Leslye Orloff, NIWAP, Assistant Director Rafaela Rodrigues and Elliott Casey from Virginia Commonwealth’s Attorneys’ Services Council continue their discussion specifically focusing on benefits for crime victims. Immigration status and location of the victim are some factors that impact benefits, and in some cases victims of crimes are eligible for more than one type of immigration relief and public benefits could be a factor in deciding which relief the victim applies for. The major categories of immigration relief discussed in the context of public benefits are VAWA related immigration relief, SIJS, T Visa, and U Visa. The speakers emphasize the importance of encouraging survivors to apply for benefits early, and end with data showing the positive impact of benefits such as work authorization can have on the lives of survivors.
Part Five (27 minutes)
In this fifth episode on public benefits for immigrant survivors, NIWAP Director, Leslye Orloff, NIWAP, Assistant Director Rafaela Rodrigues and Elliott Casey from Virginia Commonwealth’s Attorneys’ Services Council continue their discussion focusing on the advocacy side and how advocates and attorneys can help survivors navigate public benefits. They discuss how advocates and attorneys are crucial in helping immigrants apply for and identify what they are and what they are not eligible for, they also assist with helping immigrants face benefits workers and their questions. Advocacy also empowers survivors to direct benefits workers in the correct direction and the laws. They also talk about the steps to take in escalating a denial. Advocates can make a difference in so many ways for immigrant crime victims, and NIWAP shares the importance of this role.
Part Six (35 minutes)
In this last episode on public benefits for immigrant survivors, NIWAP Director, Leslye Orloff, NIWAP, Assistant Director Rafaela Rodrigues and Elliott Casey from Virginia Commonwealth’s Attorneys’ Services Council continue their discussion with a focus on the perspective of a law enforcement or prosecutor. They discuss the resources that law enforcement or prosecutor can use to help immigrant survivors, the speakers talk about some dos and don’ts when it comes to helping immigrants with benefits, and answer questions about how discovery obligations of law enforcement fit in with the assistance they provide to survivors in getting the benefits they need. They end with talking about the benefits to the criminal justice system from empowering the victim.
Series: Interiewing Survivors – Benefits of Working with Victim Advocates – Spanish to English
Part One (45 minutes)
Part Two (45 minutes)
This project was supported by Grant No. 15JOVW-21-GK-02208-MUMU, 2017-TA-AX-K063 and 15JOVW-22-GK-04002-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. This training is also supported by Grant No. SJI-23-T-043 from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.