This workshop is part of the Family Court of the District of Columbia Superior Court Sixteenth Annual Interdisciplinary Conference.
Panelists:
- Victoria Hernandez, J.D., Staff Attorney – Domestic Violence/Family Law Unit, Ayuda
- Cynthia Henning, J.D., Direct Representation Attorney– Kids in Need of Defense (KIND)
- Cecelia Freidman Levin, J.D., Senior Policy Counsel – ASISTA
- Leslye E. Orloss, J.D., Director of the National Immigrant Women’s Advocacy Project – American University Washington College of Law
Moderator:
- Kimberley Cruz, J.D. Family Court Supervisory Attorney – Superior Court of the District of Columbia
Training Materials
Public Benefits & Resources
- Interactive State Benefits Maps
- Directory of Service Providers with Experience Serving Immigrant Victims
- Access to State-Funded Public Benefits in Washington D.C. for Survivors
Immigration Relief for Crime Victims and Children: Know Your Rights Information
- DHS Interactive Infographic on Protections for Immigrant Victims
- Immigration Options for Victims of Crime -DHS Brochure
- Multilingual Materials for Victims and Advocates
- Pathways to Immigration Relief for Students
- 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
Forms of Immigration Relief
- Bench Card: Overview of Types of Immigration Status
- Family Court Bench Card on Immigration Rights of Battered Spouses, Children and Immigrant Crime Victims
- Bench Card: DHS Enforcement Priorities Information for State Court Judges
- Courthouse Immigration Enforcement: Steps State Courts Are Taking (2018)
- Prosecutorial Discretion: Certain Victim, Witnesses and Plaintiffs
- 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)
- February 2018 Newsletter: New ICE Policies on Courthouse Enforcement and VAWA Confidentiality
Social Science Research on Immigrant Victims
- Promoting Access to Justice for Immigrant and Limited English Proficient Crime Victims in an Age of Increased Immigration Enforcement: Initial Report from a 2017 National Survey
- The Central Role of Victim Advocacy for Victim Safety While Victims’ Immigration Cases Are Pending
Public Benefits Access of Immigrant Victims
- Public Benefits Bench Card
- Public Benefits Map
- State by State public benefits charts – by immigrant victim case type and benefits program
Special Immigrant Juvenile Status
- Special Immigrant Juvenile Status Bench Book
- Factors That Can Demonstrate That It is Not in a Child’s Best Interests to be Returned to Their Home Country (October 2018)
- Abused, Abandoned, or Neglected: Legal options for Recent Immigrant Women and Girls
- 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)**
U and T Visa Certification
- U Visa Certification Tool Kit for Federal, State, and Local Judges, Commissioners, and Magistrates
- U-Visa Flow Chart
- DHS U and T Visa Law Enforcement Resource Guide
- U-Visa: “Helpfulness” Checklist
- USCIS U Visa Certification Factsheet Q&A
- DHS: Instructions for Form I-914, Supplement B
- DHS: Form I-914, Supplement B for T visa Endorsement
- DHS: Form I-918, Supplement B, for U visa Certification
- DHS: Instructions for Form I-918, Supplement B, for U visa Certification
- DHS Policy Answers to Law Enforcement Reasons for Not Certifying
- 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)
VAWA Confidentiality
- Family Court Bench Card on VAWA Confidentiality
- VAWA Confidentiality Protections for Immigrant Crime Victims (Webpage) (February 23, 2017)
- VAWA Confidentiality Webinar (February 9, 2015)
- Enhanced Safety Planning for Immigrant Survivors of Domestic and Sexual Violence Webinar: Early Identification of Victims and VAWA Confidentiality (February 24, 2017)
- 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 Violation Investigations
- CRCL Complaint Form (general use)
- Memorandum: Non-disclosure and Other Prohibitions Relating to Battered Aliens: IIRIRA 384
- Executive Office of Immigration Review EOIR: VAWA Confidentiality Procedures for Immigration Court
- Three Prongs of VAWA Confidentiality
- Chapter 3.2: VAWA Confidentiality and Breaches of Confidentiality
- Service Provider Confidentiality Safeguards: Best Practices
- Advocate’s Guide to Immigrant Survivors’ Rights and Protections (2013)
- Chapter 3 of Empowering Survivors: VAWA Confidentiality, History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections
- Newsletter on VAWA Confidentiality
- Family Court Bench Card on VAWA Confidentiality
- Preparing Victims for Encounters with DHS**
- Utilizing VAWA Confidentiality Protections in Family Court Proceedings**
Criminal Court Discovery
- What’s Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims
- VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information
- Certifying Early: When Should You Sign a U or T Visa Certification for a Victim?
- Quick Reference Guide for Prosecutors: U Visa and VAWA Confidentiality Related Case Law
Family Law Cases: Special Issues for Immigrant Crime Victims and Children
Custody
- 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
- How to Get a Detained Person to Court for Family Court Cases Involving Children and/or Criminal 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
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
- Battered Immigrant Women in the United States and Protection Orders: An Exploratory Research
- Chapter 14.01: Protection Orders of Immigrant Victims for Sexual Assault