Publisher: AEquitas
[pdf] Quick Reference Guide for Prosecutors – U Visa and VAWA Confidentiality Related Case Law (+)
A tool to assist prosecutors during trials when defense counsel is attempting to either discover VAWA confidentiality protected information about an immigrant crime victim’s application for immigration relief or is attempting to impugn the credibility of the victim or an immigrant witness by raising their immigration status.
[pdf] VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information (July 24, 2017) (+)
This tool for prosecutors discusses best practices for prosecutors in responding to discovery requests from criminal defendants requesting information contained in the victim’s immigration case. The case could be a U visa, a VAWA self-petition or a T visa case and the discovery obligations turn on federal statutory VAWA confidentiality requirements and what is in the prosecutors possession. Generally only in U visas is the certification discoverable and not the full U visa case file. In other cases where there has been no certification, no part of the victim’s immigration case file would be discoverable.
[pdf] VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information (+)
This tool for prosecutors discusses best practices for prosecutors in responding to discovery requests from criminal defendants requesting information contained in the victim’s immigration case. The case could be a U visa, a VAWA self-petition or a T visa case and the discovery obligations turn on federal statutory VAWA confidentiality requirements and what is in the prosecutors possession. Generally only in U visas is the certification discoverable and not the full U visa case file. In other cases where there has been no certification, no part of the victim’s immigration case file would be discoverable.