Publisher: * NIWAP

[pdf] 4. Chapter IV – Application of the Best Interest of the Child Standard in SIJS (+)

This Chapter provides an overview of congressional and immigration policy framework for Special Immigrant Juvenile Status. It discusses the practical guide in determining the best interest standard in SIJS. It further explains the best interest standard in light of custody, and placement. Lastly, the chapter discusses reunification as a factor used by state courts in determining SIJS application of the best interest standard in SIJS.

Published February 5, 2018 by

Topics:

Part of:

[pdf] 3. Chapter III – Abuse, Abandonment, or Neglect – The Role of State Law Definitions in Special Immigrant Juvenile Status Findings (+)

This Chapter of the manual provides an overview of how state courts apply the state law definitions of “abuse,” “abandonment,” and “neglect” in issuing SIJS findings as part of state court orders. It discusses how courts should apply the state law definitions of abuse, abandonment, and neglect to the facts that occurred outside and inside of the United States. It also explains the state law definition of the abuse, abandonment, and neglect ad highlight the common themes in the state law definition of these terms. The chapter provides an overview of the helpful charts included as appendices to this manual that provide the state-by-state details and a national multi-state overview of how each of the following terms are described in the law of each of the U.S. states and jurisdictions.

Published December 19, 2017 by

Topics:

[pdf] 1. Chapter I – Introduction to Special Immigrant Juvenile Status (+)

This Chapter provides an overview of the Special Immigrant Juvenile States as a form of immigration relief that helps immigrant children who have suffered abuse, abandonment or neglect perpetrated by a parent. It discusses this federal immigration program, its history, and the role of the state courts in SIJS cases. It also discusses the federal immigration adjudication process and how state courts will encounter SIJS eligible children in the wide range of cases that in which SIJS eligible children appear before state courts.

Published December 20. 2017 by

Topics:

[pdf] NIWAP Amicus Brief Kumar v Kumar (September 16, 2016) (+)

Amicus Brief in an enforcement of an affidavit of support case brought on behalf of an immigrant spouse who was a domestic violence victim. The brief argues the sponsored spouses must be permitted to enforce the I-864 affidavit of support in family court divorce proceedings as a contract and that common law and state spousal support laws may impose duties to mitigate do not apply to affidavit of support enforcement actions. The brief discusses the history and purpose of the affidavit of support and the particular importance of allowing its enforcement in divorce cases and not requiring a separate civil contract enforcement case in cases of battered immigrant spouses. In discussing the legislative history of the statute the brief discusses its relationship to the Violence Against Women Act and the reason VAWA self-petitioners were exempted from deeming, affidavits of support and given access to public benefits as part of the same 1996 law that created the I-864 Affidavit of support.

Published September 16, 2016 by

Topics:

[pdf] Re: PM-602-0110: VAWA Amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children (+)

NIWAP’s response in support of the memo that included comments for further clarification and instructions regarding the adjudication of such applications. USCIS issued a policy memorandum implementing the provisions of VAWA 2005 and 2000 granting continuing eligibility to apply for lawful permanent residency without the help or knowledge of their abusive spouse to abused spouses […]

Published July 3, 2015 by

Topics: ,

[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.

Published February 22, 2017 by ,

Topics:

[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”).

Published 6-11-16 by

Topics:

[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

Published September 15, 2015 by

Topics:

[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

Published June 29, 2017 by

Topics:

[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.

Published October 23, 2016 by

Topics: ,

[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.

Published February 22, 2017 by ,

Topics: ,

[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

Published March 15, 2017 by

Topics: , , , , , , , , , , ,

[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

Published February 22, 2017 by

Topics: ,

[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.

Published February 22, 2017 by ,

Topics: , , ,

[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.

Published June 7, 2022 by

Topics: , , ,

[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.

Published February 22, 2017 by ,

Topics: , ,

[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.

Published February 17, 2017 by

Topics: , , , ,

[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.

Published June 20, 2014 by

Topics:

[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.

Published April 15, 2015 by

Topics:

[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.

Published July 11, 2016 by ,

Topics: , , , , , , ,

[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.

Published October 22, 2015 by

Topics: ,

[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.

Published 10/27/16 by

Topics: ,

[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.

Published 10/27/16 by

Topics: ,

[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.

Published 10/28/16 by

Topics: ,