Description
In this NJN session, faculty seek to help state court judges understand the limitations of federal statutes (8 U.S.C §1367), regulations, and policies placed on state court discovery (VAWA Confidentiality). They also provide insight into identifying litigants who are crime victims eligible for VAWA confidentiality protection and making better-informed decisions concerning discovery motions in criminal court and family law cases consistent with VAWA confidentiality requirements.
Presentations
VAWA Confidentiality and Criminal Case PowerPoint Presentation
VAWA Confidentiality and Family Case PowerPoint Presentation
Case-Law
New Mexico Supreme Court 2024
- NM Supreme Court Issues Order Against Disclosure of Immigration-Related Information of Noncitizen Crime Victims (May 7, 2024)
- Ramirez v. Marsh, S-1-SC-39966 & New Mexico Immigrant Law Center v. Leos, S-1-SC-40114, New Mexico Supreme Court (May 7, 2024)
- Ramirez v. Marsh, S-1-SC-39966, New Mexico Supreme Court Writ of Superintending Control (Marsh) (May 7, 2024)
- New Mexico Immigrant Law Center v. Leos, S-1-SC-40114, Writ of Superintending Control (Leos) New Mexico Supreme Court (May 7, 2024)
New York Court 2024
- Decision and Order on Sanctuary’s Motion to Quash Subpoena – State v. Jun Du (September 27, 2024)
- Sanctuary for Families – Memorandum of Law in Support of Motion to Quash VAWA Confidentiality (August 16, 2024)
Quick Reference Guides
- How to Argue or Rule on VAWA Confidentiality Protections in Discovery Involving Immigrant Survivors
- Quick Reference Guide for Judges: VAWA Confidentiality and Discovery-Related Case (October 7, 2024) Discussing national case law on VAWA confidentiality and discovery in a wide range of state court cases.