[pdf] Immigrant Survivor Access to Federally Funded Housing PPT Slides (February 22, 2017) (+)

Power point slides from a webinar jointly hosted by NIWAP and the National Housing Law Project discussing the legal rights of immigrant survivors to access shelter and transitional housing and the groups of immigrant survivors including VAWA self-petitioners legally eligible to access public and assisted housing, including housing vouchers.

[pdf] Amicus Brief to Board of Immigration Appeals: Developmental and Psychological Effects of Trauma on Immigrant Minors (+)

Amicus Brief to the Board of Immigration Appeals (NO. 16-06-09) developed by Crowell and Moring LLP on behalf of National Women’s Advocacy Project (“NIWAP Inc.”), the Lutheran Immigration and Refugee Service (“LIRS”), Dr. Giselle Hass, Tahirih Justice Center (“TJC”), National Center on Domestic Violence, Trauma & Mental Health (“NCDVTMH”).

[pdf] NIWAP Newsletter – September 2014 (+)

In this issue:
– Violence Against Women Act’s Special Immigration VAWA Confidentiality Protections for Immigrant Survivors
– Types of Immigrants Eligible for VAWA Confidentiality Disclosure Limitations
– Who Can Benefit from VAWA Confidentiality Protection?
– VAWA Confidentiality Protections for Eligible Immigrants
– Examples of Violations
– Exceptions to VAWA Confidentiality
– Penalties for Violating VAWA Confidentiality
– Reporting Violations to DHS
– How to Prepare to Address VAWA Confidentiality in State Courts

[pdf] NIWAP Newsletter – Child Custody in Immigrant Families (+)

In this issue:
– Legal Rights of Immigrant Parents in State Court Custody Proceedings
– Common Misconceptions About Immigration Status and Child Custody
– Practice Tips on Addressing Immigration Status in Custody Cases
– Additional Resources on Immigration and Family Law

[pdf] Fact Sheet: Immigrant Access to Emergency Shelter and Transitional Housing (October 23, 2016) (+)

This training tool discusses the laws, regulations and policies governing immigrant victim access to shelter and transitional housing, provides links to government policies and provides step by step recommendations for advocacy and documents to take with you when advocating for access to shelter and transitional housing for immigrant victims.

[pdf] Policy Links: Shelter and Transitional Housing Immigrant Victims Feb 22, 2017 (+)

Links to the Joint HUD, HHS, and DOJ Policy on access to emergency shelter, transitional housing and other programs necessary to protect life and safety, to all of the government resources cited in the policy memo and to each of the other government documents confirming immigrant access to shelter and transitional housing.

[pdf] Hawaii Materials Benefits-Confidentiality Training (March 15, 2017) (+)

Materials list covering the following topics: Legal Rights Overview and Brochures; Access to Public Benefits and Services for Immigrant Domestic Violence and Sexual Assault Victims; Child Care; Drivers’ Licenses; Education; Health Care; Shelter and Transitional Housing; Public and Assisted Housing; LIHEAP; Non-Work Social Security Numbers; Public Charge and Immigrant Victims; TANF; VAWA Confidentiality; Legal Services Representation of Immigrant Victims; and Immigrant Victim’s Immigration Options

[pdf] The Law: Immigrants are Legally Eligible for Transitional Housing (February 22, 2017) (+)

Immigrant victims of domestic violence, sexual assault, dating violence, stalking and human trafficking have been eligible for transitional housing historically. The legal right to access transitional housing programs and emergency shelters was first established as part of the welfare and immigration reform legislation in 1996. This right was reaffirmed in 2001 and again in 2016 by federal government agencies including HUD, DOJ, and HHS. Despite this fact some transitional housing programs continue to impose application requirements not required by federal law that impede immigrant and limited English proficient victim access to transitional housing programs necessary to protect life and safety. Many of the application requirements imposed by transitional housing programs immigrant survivors can prove that they meet using alternative forms of evidence from those typically requested by programs. This brochure provides a list of the types of evidence a victim advocate or attorney working with an immigrant victim can gather to prove that immigrant victims, in addition to being legally eligible, also meet program imposed requirements. Advocates and attorneys working with immigrant victims should help them gather any credible evidence to gain admission to transitional housing programs. If you are working with an immigrant victim and have suggestions on other types of evidence that can be used to meet the criteria discussed in this brochure please share them with us so we can add them as examples to this brochure by emailing us at info@niwap.org

This brochure

[pdf] Slides Webinar Immigrant Victim Access Federally Assisted Housing (February 22, 2017) (+)

PowerPoint presentation slides for the webinar on access to public and assisted housing, shelter and transitional housing for immigrant victims of domestic violence, sexual assault, stalking, dating violence, trafficking, abused and abandoned immigrant children and immigrant homeless. The document included the PowerPoint presentation and the cover list of documents distributed with the webinar.

[pdf] VAWA Confidentiality Statutes, Legislative History and Implementing Policy (Updated June 7, 2022) (+)

This document contains the full statutory, legislative history, and history of policies issued by the U.S. Department of Homeland Security, the Immigration and Naturalization Service, Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services and the Office of Principal Legal Advisor at Immigration and Customs Enforcement. Includes a discussion of the ICE Courthouse enforcement policy issued in January 2018 and ICE and CPB Sensitive locations policies as they affect immigrant victims of domestic violence, sexual assault, dating violence, stalking, child abuse and human trafficking.

[pdf] Info Packet Webinar Immigrant Access to Housing (February 22, 2017) (+)

This information packet contains a the webinar PowerPoint, copies of relevant government documents, and training tools on immigrant crime victim access to government funded programs providing emergency shelter, transitional housing, public and assisted housing open to immigrant victims of domestic violence, sexual assault, human trafficking, stalking and dating violence. The documents describe what programs are open to all immigrants without regard to immigration status and which are limited to certain categories of immigrant victims including access to public and assisted housing for VAWA self-petitioners and Human Trafficking victims with HHS certifications.

[pdf] Utilizing VAWA Confidentiality Protections in Family and Criminal Court Cases (February 17, 2017) (+)

Chapter of a publication on issues that arise in family court cases involving immigrant crime victims pending publication. This chapter discusses VAWA confidentiality protections and their impact in state court proceedings. While the emphasis of the article is on family court cases, the discussion is also useful in criminal court cases. This article discusses the Hawke, Demaj and Koch cases on VAWA confidentiality.

[pdf] Pathways to Immigration Relief for Students (June 20, 2014) (+)

Brochure discussing the various forms of immigration relief that lead to lawful permanent residency that may be available for immigrant children and youth. This tool should be used by advocates, attorneys, teachers, school personnel and university staff to screen children and young people for forms of immigration relief that includes pathways to lawful permanent residency.

[pdf] Slides: Healthcare: Understanding the Affordable Care Act and How it Affects Immigrant Survivors (April 16, 2015) (+)

The passage of the Affordable Care Act (ACA) in 2010 created both an entirely new way to obtain healthcare in the U.S. and also expanded on some of the preexisting healthcare access options. Under the ACA, many immigrant survivors applying for immigration relief become eligble for and obligated to purchase health care through the newly developed healthcare exchanges at various points in time after they have filed their immigration case. This webinar will provide information and resources on current laws governing access to healthcare, insurance and subsidies for immigrant survivors of domestic violence, sexual assault, stalking, dating violence and human trafficking.

[pdf] BIA Amicus Brief on Recent Research Concerning the Neurobiological, Cognitive, and Psychological Development of Children and Adolescents (July 11, 2016) (+)

This Amicus brief was submitted to the Board of Immigration Appeals and addresses an important issue presented by Amicus Invitation No. I 6-06-09, focusing on how the term “minor” should be defined and understood by the Board in child asylum cases in light of the substantial body of recent research concerning the neurobiological, cognitive, and psychological development of children and adolescents. This brief will focus on the significant and deleterious effect trauma and
maltreatment have on that development, including the impact of impaired development on the readiness of child migrants to file asylum applications.

[pdf] Amicus Curiae Brief EEOC v Koch Foods (October 22, 2015) (+)

Amicus Brief in a federal employment discrimination case brought by the EEOC and immigrant employees who were victims of sexual assault and other crimes against Koch Foods in Mississippi. The Amicus Brief discusses VAWA confidentiality its legislative history and purpose and argues why VAWA confidentiality protected case files in VAWA self-petition and U visa cases should not be discoverable in an employment civil action. The case cites cases denying discovery in state family and criminal court cases.

[pdf] Executive Summary: National Findings on University and College Responses to Foreign-born Student Victims (October 27, 2016) (+)

This document discusses the findings of a survey conducted focusing on foreign-born students who are victims of sexual assault, dating violence, domestic violence, stalking, human trafficking, and sexual harassment. The students surveyed were: undocumented, DACA, F/M/J visa holders, VAWA/ U/ T visa holders, or lawful permanent residents.

[pdf] Full Report: National Findings on University and College Responses to Foreign-Born Student Victims (October 27, 2016) (+)

This document discusses the results of a survey conducted on foreign-born student-victims of sexual assault, dating violence, domestic violence, stalking, human trafficking, and sexual harassment. It looks at the types of individuals and organizations that these victims approach for help and suggests ways to improve reporting. The students surveyed were either: undocumented, have DACA, have F/J/M visas, have VAWA/ U/ T visas, or are lawful permanent residents.

[pdf] Interim and Supportive Measures to Help and Protect Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking and Sexual Harassment (April 2, 2018) (+)

This document suggests various interim measures for colleges, universities, high-schools, elementary schools, and other educational institutions to utilize when assisting foreign born students who have been victims of sexual violence, dating violence, and stalking. This discusses the types of interim measures that would be useful for students with varying immigration statuses, including: F, M, and J visa holders, DACA, VAWA, T and U visa, and undocumented students.

[pdf] Domestic Violence and Sexual Assault Public Policy Timeline Highlighting Accomplishments on Behalf Of Immigrants and Women of Color (February 11, 2017) (+)

Provides an overview of the historical achievements that improve laws, policies, practices and access to services for battered women, sexual assault victims and particularly immigrant and women of color victims.

[pdf] State Restrictions on Immigrant Access to VOCA Compensation (October 1, 2015) (+)

This policy memo seeks additional regulations and policies from the U.S. Department of Justice that would prevent states from cutting off immigrant crime victims from Victims of Crime Act Funded Victims Compensation. The memo covers legal research and Office of Victims of Crime policies confirming that VOCA Compensation is not a federal public benefit and immigrant restrictions do not apply. It also discusses that approach the two states restricting immigrant access to victims’ compensation have taken and reports survey data on the impact that these restrictions have on crime victims in those states.

[pdf] Знай свои права (Know Your Rights, Russian) (+)

Независимо от вашего иммиграционного статуса,вы имеете право быть в безопасности в вашем,собственном доме.У вас есть право покинуть ваш дом либо выдворить из вашего дома того, кто подвергает вас и/или ваших детей физическому,эмоциональному или сексуальному насилию.Никто не имеет права причинять вам или вашим детям какой-либо вред.