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Episodes include:
U-Visa 101: The Visa for Victims of Crime (44 minutes)
In the first episode, Rocio Molina, NIWAP American University Washington College of Law, sits down with Tara Patet, Supervising Prosecutor at the City Attorney’s Office in St. Paul, Minnesota, and Investigator Michael LaRiviere from the 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, prosecutors, or other government officials in the detection, investigation, or prosecution of criminal activity. In this episode, we introduce U Visas and how law enforcement and prosecutors can use them when investigating and prosecuting criminal 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 the 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. Detective Ivie emphasizes the importance of filing U Visas to help the criminal justice system and to give law enforcement opportunities to combat crimes in the community as a whole, not just those occurring within the immigrant population.
T-Visa 101: The Visa for Traficking Victims (25 minutes)
In this episode of Pathways, Leslye Orloff, Director of NIWAP at the American University Washington College of Law, discusses T Visas with Stacey Ivie, a Detective and Task Force Officer with the 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, Leslye Orloff, Director of NIWAP at the American University Washington College of Law, 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 the basics of timing around certification, the helpfulness component of certification, and the benefits of early certification to the victim and 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 the speakers identifying the resources and tools available to prosecutors and certifying agencies on the benefits of early certification.
Series: 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.
Part Two – Working with NGOs and Applying Trauma-Informed Practices (47 minutes)
In this episode, Leslye Orloff, Director of NIWAP at the American University Washington College of Law, 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 Council of Georgia continue the discussion by talking about how law enforcement agencies can obtain, use, and disseminate information and tools (such as the Department of Homeland Security’s Blue Shield campaign) that describe the various forms of immigration relief available to victims of crime. They discuss accessibility issues and how a lack of accessibility can be a problem in serving victims. The podcast then touches upon how T and U visas are used as tools to build relationships with the community and how victims’ requests for police reports are handled. The discussion ends with the guests offering tips on how relationships in 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)
IIn this episode, Leslye Orloff, Director of NIWAP at the American University Washington College of Law, 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 applications, 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 that arise in cases where victims are pursuing U Visas, and direct listeners to the resources available on NIWAP’s website for discovery issues. The podcast focuses on trial preparation tips such as jury selection, litigating pretrial motions, court education, and how to address the U Visa issue on the witness stand.
Interpretation and Translation Best Practice for Law Enforcement Working With Immigrant Crime Victims and Witnesses (Part 1 of 2) (26 minutes)
In this episode, Leslye Orloff, Director of NIWAP at the American University Washington College of Law, Detective Shelli Sonnenberg from the Boise, Idaho Police Department, and Investigator Michael LaRiviere from the Salem, Massachusetts Police Department talk about best practices for using interpreters and translators when working with limited English proficient (LEP) 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 importance to successful criminal investigations and prosecutions of employing best law enforcement practices in serving immigrants with limited English proficiency. Faculty discuss best practices, available resources, and the importance for successful criminal investigations and prosecutions of using qualified interpreters.
Interpretation and Translation Best Practice for Law Enforcement Working With Immigrant Crime Victims and Witnesses (Part 2 of 2)
In this episode, Leslye Orloff, Director of NIWAP at the American University Washington College of Law, Detective Shelli Sonnenberg from the Boise, Idaho Police Department, and Investigator Michael LaRiviere from the Salem, Massachusetts Police Department continue their conversation around how law enforcement agencies can effectively use interpreters and translators to ensure successful outcomes in criminal investigations and prosecutions involving limited English proficient crime victims and witnesses. They discuss the best practices for working with an interpreter, how to get the most accurate information, and reflect on past experiences with interpretation and translation issues, sharing lessons learned from real cases. They end with tips on how to bring interpretation and translation 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
Identifying and Supporting Non-Citizen Victims and Survivors of Elder Abuse (Part 1 of 2) (31 minutes)
In this episode, Rocio Molina, Deputy Director of NIWAP at the American University Washington College of Law, Investigator Michael LaRiviere from the Salem, Massachusetts Police Department, and Tara Patet, Supervising Prosecutor at the City Attorney’s Office in St. Paul, Minnesota, talk about elder abuse, especially in immigrant communities. The guests discuss what encompasses elder abuse and how to identify the different forms of elder abuse. They address the challenges and barriers to reporting elder abuse and the need for resources, especially around the importance of using qualified interpreters in these cases. They also engage in discussion on how to overcome some of these barriers and how the medical community, law enforcement, and prosecution can effectively work collaboratively in elder abuse cases.
Breaking Down Barriers for Immigrant Victims of Elder Abuse (Part 2 of 2) (29 minutes)
In this episode, Investigator Michael LaRiviere from the Salem, Massachusetts Police Department, and Tara Patet, Supervising Prosecutor at the City Attorney’s Office in St. Paul, Minnesota, continue to talk about barriers to cooperation and how to overcome them, the rates of underreported elder abuse in immigrant communities, how to take advantage of resources in the community, and what sorts of mechanisms exist to encourage cooperation in current cases. Additionally, the speakers discuss the U Visa, VAWA self-petitions, and how those programs can assist immigrant survivors of abuse. They also 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
Importance of Victim Advocacy and Advocates’ Roles in Working with Immigrant Survivors (Part 1 of 4) (38 minutes)
IIn this episode, Suzanne Ramos, Victim Advocate at the Reno City Attorney’s Office in Reno, NV, Yvette Richardson from The National Network to End Domestic Violence, Elliot Casey from the Virginia Commonwealth’s Attorney Services Council, and Leslye Orloff, Director of NIWAP at the American University Washington College of Law, talk about victim advocacy, particularly advocacy for immigrant survivors regarding access to public benefits. They discuss how information on services is made available to immigrant survivors, the challenges they face from prosecutors and law enforcement regarding the U Visa program, and how the work of victim advocates complements the work of law enforcement, prosecutors, and attorneys.
Victim Advocacy for Immigrant Survivors: Benefits and Services Safety Net (Part 2 of 4) (33 minutes)
IIn this episode, Suzanne Ramos, Victim Advocate at the Reno City Attorney’s Office in Reno, NV, Yvette Richardson from The National Network to End Domestic Violence, Elliot Casey from the Virginia Commonwealth’s Attorney Services Council, and Leslye Orloff, Director of NIWAP at the American University Washington College of Law continue their conversation on the role of victim advocates working 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 the benefits and services available to assist survivors.
Role of Victim Advocates Accompanying Immigrant Survivors Seeking Health Care and Other Benefits and Services (Part 3 of 4) (23 minutes)
In this episode, Suzanne Ramos, Victim Advocate at the Reno City Attorney’s Office in Reno, NV, Yvette Richardson from The National Network to End Domestic Violence, Elliot Casey from the Virginia Commonwealth’s Attorney Services Council, and Leslye Orloff, Director of NIWAP at the American University Washington College of Law continue their conversation on the important role victim advocates play in helping immigrant survivors access the benefits and services they and their children are legally eligible to receive. This conversation focuses particularly on Victims of Crime Act (VOCA) compensation available to assist victims with post-assault health care and other costs associated with victimization. The episode includes a discussion of the varied forms of VOCA and VAWA assistance available to help victims of domestic and sexual violence and other crimes.
Best Practices for Building Collaborations Among Victim Advocates, Law Enforcement, Prosecution, and Attorneys to Effectively Serve Immigrant Survivors. (Part 4 of 4) (43 minutes)
In the last episode of this four-part series, Suzanne Ramos, Victim Advocate at the Reno City Attorney’s Office in Reno, NV, Yvette Richardson from The National Network to End Domestic Violence, Elliot Casey from the Virginia Commonwealth’s Attorney Services Council, and Leslye Orloff, Director of NIWAP at the American University Washington College of Law continue their conversation discussing best practices for building and maintaining relationships between agencies assisting victims in a manner that complies with VAWA confidentiality rules. They 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
Building Trust with Immigrant Victims of Violence (Part 1 of 2)
In this episode, Shannon Archer, Assistant County Attorney, Polk County, Iowa; Christopher Freeman, Senior Assistant County Attorney, Hennepin County, Minnesota; and Elliot Casey from the Virginia Commonwealth’s Attorney Services Council discuss the fundamentals of building trust with immigrant victims of crime 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 prosecutor panelists 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 communities and enhancing cooperation with immigrant victims.
Building Trust with Immigrant Victims of Violence (Part 2 of 2) (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.
Immigration Consequences of Criminal Convictions: What Prosecutors Need to Know (1 hour 6 minutes)
In this episode, Rocio Molina, Deputy Director of NIWAP at American University Washington College of Law, immigration attorney Cora Tekach, and Elliott Casey from the Virginia Commonwealth’s Attorney Services Council discuss the impact of immigration status and convictions on potential deportations, what constitutes a conviction under immigration law, what is a crime of moral turpitude, and what is good moral character in the context of immigration law. This discussion provides prosecutors with the information they need about immigration law to support prosecutorial decision-making regarding pleas, convictions, and sentencing that hold domestic and sexual violence perpetrators accountable and protect victim safety.
Series: Language Access and the Courts
Addressing the Needs of Limited English Proficient Survivors in the Legal System (Part 1 of 2) (47 minutes)
IIn 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 the Virginia Commonwealth’s Attorneys’ Services Council; Rocio Molina, Deputy Director; and Leslye Orloff, Director, NIWAP American University Washington College of Law, examine the issues and challenges posed in serving victims who are limited English proficient (LEP). They focus the discussion on the needs of people who experience language barriers and what it means to be an LEP person. The conversation discusses the role of courts in employing best practices to overcome barriers by providing qualified interpreters that assist the court in its work with LEP victims and litigants. They further examine opportunities for developing creative solutions when resources are not available.
Addressing the Needs of Limited English Proficient Survivors in the Legal System (Part 2 of 2) (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 the Virginia Commonwealth’s Attorneys’ Services Council; and Leslye Orloff, Director, NIWAP American University Washington College of Law, continue their discussion on best practices for using interpreters and translators when working with LEP victims and litigants. The panel discusses opportunities technology offers, best practices when working with virtual interpreters, and how to avoid the most common mistakes and pitfalls when working with LEP survivors.
Series: Simplifying Public Benefits for Immigrant Survivors
NIWAP’s Benefits Map for Immigrant Survivors (Part 1 of 6) (22 minutes)
In this episode, NIWAP Director Leslye Orloff, NIWAP Assistant Director Rafaela Rodrigues, American University Washington College of Law, and Elliott Casey from the Virginia Commonwealth’s Attorneys’ Services Council talk about how to navigate and understand what public benefits and services are available to immigrant survivors through NIWAP’s created tool, the Public Benefits Map. They discuss the reasons behind creating the map to facilitate quick access to legally correct information identifying which programs and services immigrant victims and their children are legally eligible to receive. The map provides easy access to state-by-state laws on benefits and services, with exact legal citations, and includes details on which benefits and services victims and children with different immigration statuses can receive. They explain how the map makes it easy to identify the types of benefits immigrant survivors qualify for or do not qualify for. The map not only details types of benefits such as health, housing, education, TANF, SNAP, and food stamps, but also matches different legal immigration statuses — such as VAWA, T and U visa recipients, refugees, asylees, etc. — to the types of benefits available to them.
Public Benefits and Services for Immigrant Survivors (Part 2 of 6) (32 minutes)
In this episode, NIWAP Director Leslye Orloff, Assistant Director Rafaela Rodrigues, NIWAP American University Washington College of Law, and Elliott Casey from the Virginia Commonwealth’s Attorneys’ Services Council continue their discussion on benefits and services for immigrant survivors. They begin by discussing the barriers to accessing benefits, the lack of knowledge, and the different eligibility requirements under state laws. They continue to talk about the various forms of programs, including educational, health, legal, and emergency benefits that immigrant domestic and sexual violence victims and their children are legally eligible to receive. They address income eligibility for state and federal public benefits and highlight how victims of domestic violence, sexual assault, stalking, dating violence, child abuse, and other crimes are legally eligible for some benefits in most states.
Navigating Complexity: How Immigration Status Impacts Access to Public Benefits and Services for Domestic and Sexual Violence Survivors (Part 3 of 6) (35 minutes)
IIn this third episode on benefits and services for immigrant survivors, Director Leslye Orloff, Assistant Director Rafaela Rodrigues, NIWAP American University Washington College of Law, and Elliott Casey from the Virginia Commonwealth’s Attorneys’ Services Council continue their discussion on benefits and services, looking at eligibility for state and federal means-tested public benefits by legal immigration status. They discuss the most common survivors advocates, attorneys, and judges encounter and discuss, by type of lawful immigration status, eligibility for state or federal public benefits; which benefits are based on means testing; which benefits have a 5-year waiting period; healthcare subsidies; when immigrants become eligible to purchase healthcare on the exchanges; and lastly, the varying levels of state benefits that different states offer.
Benefits and Services for Victims Who Apply For and Gain Legal Immigration Status (Part 4 of 6) (35 minutes)
In this fourth episode on benefits and services for immigrant survivors, Director Leslye Orloff, Assistant Director Rafaela Rodrigues, NIWAP American University Washington College of Law, and Elliott Casey from the Virginia Commonwealth’s Attorneys’ Services Council continue their discussion, specifically focusing on benefits for crime victims. Immigration status and the state of residence of the victim are some factors that impact available benefits and services. Immigrant victims of crime are often eligible for more than one type of legal immigration status, and public benefits can be a factor in deciding which of the victim’s legal immigration options are best for the victim and their children. The major categories of legal immigration relief discussed in the context of economic stability provided are VAWA-related immigration relief, SIJS, T Visa, and U Visa. The speakers emphasize the importance of encouraging survivors to apply for legal immigration relief early, and the episode ends with data showing the positive impact that work authorization and access to the benefits and services safety net can have on the lives of survivors.
The Importance of Advocacy in Accessing Benefits and Services for Immigrant Survivors (Part 5 of 6) (27 minutes)
In this fifth episode on benefits and services for immigrant survivors, Director Leslye Orloff, Assistant Director Rafaela Rodrigues, NIWAP American University Washington College of Law, and Elliott Casey from the Virginia Commonwealth’s Attorneys’ Services Council continue their discussion, focusing on victim advocacy and how advocates and attorneys can help survivors navigate the process of applying for benefits and services that victims of domestic and sexual violence—and their children—are legally eligible to receive. They discuss the crucial role advocates and attorneys play in assisting immigrant victims with applications and identifying all the benefits and services for which victims and their children qualify. Advocacy also empowers survivors by ensuring that benefits workers receive legally accurate information about state and federal laws proving a victim’s and/or their child’s eligibility to approve applications. The discussion includes steps advocates and attorneys can take when victims’ benefits applications are wrongly denied. Advocates make a significant difference for immigrant domestic and sexual violence victims, and NIWAP highlights the importance of this role.
The Bridge to Safety: What Prosecutors and Law Enforcement Need to Know About Immigrant Survivors Legal Rights to Access Benefits and Services(Part 6 of 6) (35 minutes)
IIn this final episode on benefits and services for immigrant domestic and sexual violence survivors, Director Leslye Orloff, Assistant Director Rafaela Rodrigues of NIWAP at American University Washington College of Law, and Elliott Casey from the Virginia Commonwealth’s Attorneys’ Services Council continue their discussion with a focus on the importance of victim access to benefits and services from the perspective of law enforcement and prosecutors. The speakers cover key dos and don’ts when assisting immigrant victims with accessing benefits and services, and address questions about how prosecutors’ discovery obligations align with the support they provide to survivors—helping victims achieve safety, economic stability, and greater cooperation in criminal investigations and prosecutions.
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.