Helping Immigrant Survivors: Options and Challenges in an Age of Immigration Enforcement presentation.
Publisher: * NIWAP
[pdf] New Department of Homeland Security Policies and Immigrant Victims: From Secure Communities to the DHS Role in Victim Protection (June 28, 2012) (+)
Workshop Presentation “New Department of Homeland Security Policies and Immigrant Victims: From Secure Communities to the DHS Role in Victim Protection” with Jane Doe, Inc., The Massachusetts Coalition Against Sexual Assault and Domestic Violence.
[pdf] Training: Advocacy for Immigrant Survivors (June 28, 2012) (+)
Workshop Presentation on “Advocacy for Immigrant Survivors in an Age of Immigration Enforcement” with Jane Doe, Inc., The Massachusetts Coalition Against Sexual Assault and Domestic Violence.
[pdf] Training: How the Legal System Works (Or Doesn’t) For Immigrant Survivors (June 22, 2012) (+)
Workshop presentation on Access to Immigration Relief and Protection from Deportation for Immigrant Survivors in an Age of Enhanced Immigration Enforcement, presented at the Protection Order Conference.
[pdf] Crucial Role of Advocates Countering Bias: Making the Justice System Work For Immigrant Survivors (+)
Plenary presentation on Issues That Arise for Women of Color and Immigrant Women in Family Court, presented at the Protection Order Conference.
[pdf] Nuts and Bolts of U Visa for Undocumented Victims of Crime: A Case Study (+)
Presentation “Nuts and Bolts of U Visa for Undocumented Victims of Crime: A Case Study.” Presented by Bebe Anver and Officer Michael LaRiviere at the National Sheriff’s Association (NSA) conference on June 25, 2016 in Minneapolis, Minnesota.
[pdf] Beyond DACA Pathways to Immigration Relief for Students (+)
[pdf] Slides from LEA Roundtable Session 2 (April 28, 2016) (+)
These slides were presented by Officer Michael LaRiviere of the Salem, MA Police Department and Sergeant Inspector Antonio Flores of the San Francisco Police Department during the second session of the Law Enforcement & Prosecution Monthly U Visa Roundtable on April 28, 2016.
[pdf] Slides from “Advocates’ Introduction to Gender-Based Asylum for Survivors of Domestic Violence and Sexual Assault” (+)
These slides will be presented during the webinar entitled “Advocates’ Introduction to Gender-Based Asylum for Survivors of Domestic Violence and Sexual Assault” presented by the National Immigrant Women’s Advocacy Project (NIWAP) in partnership with Tahirih Justice Center, American Gateways and California Coalition Against Sexual Assault (CALCASA) on May 6, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/GBAasylum.
[pdf] Slides from “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” (+)
These slides were presented by Leslye Orloff in a keynote address entitled “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” at Youngstown State University on March 31, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/Ohio2016.
[pdf] Slides from “Expanding Legal Representation of Immigrant Survivors in Immigration and Family Law” (+)
These slides were presented in Leslye Orloff’s workshop “Expanding Legal Representation of Immigrant Survivors in Immigration and Family Law” at Community Legal Aid’s Akron, OH office on March 30, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/Ohio2016.
[pdf] Slides from LEA Roundtable Session 1 (March 24, 2016) (+)
These slides were presented by Officer Michael LaRiviere of the Salem, MA Police Department and Detective Stacey Ivie of the Alexandria, VA Police Department during the first session of the Law Enforcement & Prosecution Monthly U Visa Roundtable on March 24, 2016.
[pdf] New Mexico Workshop: Immigrant Survivors Legal Rights, Options and Opportunities Under Family and Public Benefits Laws (+)
This workshop discusses the range of issues that arise in family court cases involving immigrant survivors and immigrant children and best practices for helping immigrant survivors involved in family court cases. Custody, protection orders, child support, spousal support, U visa certification by judges and special immigration remedies for immigrant children (Special Immigrant Juvenile Status and Access to healthcare, housing, and public benefits for immigrant domestic and sexual violence victims and children who suffer child abuse, abandonment or neglect vary by the type of immigration case the victim pursues, the state in which the victim lives and the benefit being sought. This workshop provides an overview of the range of publicly funded assistance available to undocumented immigrant victims and children and will discuss how when victims file for immigration benefits, over time their access to state and federally funded public benefits increases. The workshop will cover TANF, healthcare, housing, student grants and loans, child care, food stamps (SNAP), driver’s licenses and assistance with heating.
[pdf] Keynote: Best Practices and Collaborations That Promote Safety for Immigrant Crime Victims (+)
Presentation delivered as the Keynote at the Advocacy in Action Conference.
This keynote address discusses the dynamics of domestic and sexual violence and child abuse experienced by immigrant adults and children and the important role of language access in serving limited English proficient victims. An overview of immigration relief available to immigrant victims and current and newly released Department of Homeland Security (DHS) policies and priorities regarding crime victim protection will be highlighted. These policies affect best practices for safety planning in work with immigrant survivors and impact case planning in victims’ family court cases. The presentation concludes with a discussion of what evidence based research tells us about best practices and successful victim advocate, attorney, law enforcement collaborations that result in offering effective life-saving assistance to immigrant survivors of domestic violence, sexual assault, child abuse and human trafficking.
[pdf] Co-occurrence of Domestic Violence and Child_9.19.04 (+)
Co-occurrence of Domestic Violence and Child_9.19.04
[pdf] Slides from U Visa Consular Processing: How to Get Qualifying Family Members to the U.S. (+)
These slides were presented by Edna Yang, Rocio Molina, and Mercedes Lorduy at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from Right to Privacy: Understanding Immigrant Survivors’ Protections Under VAWA Confidentiality Laws (+)
These slides were presented by Leslye Orloff, Judge Mary Weir, and Commissioner Loretta Young at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from Language Access at Crime Scenes Improve Successful Criminal Investigations and Prosecutions (+)
These slides were presented by Officer Michael LaRiviere, Detective Shelli Sonnenberg, and Wendy Lau at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from Complex Issues that May Arise When Filing a U Visa Application: Inadmissibility, Derivative Applications, and Waitlists (+)
These slides were presented by Edna Yang and Mercedes V. Lorduy at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from Evidence of Coercive Control: Proof of Extreme Cruelty in Immigration Cases and Power and Control Dynamics in Family Law Cases (+)
These slides were presented by Mary Ann Dutton, Rocio Molina, and Commissioner Loretta Young at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from U Visas Crime Fighting Tool: Tips, Tools, and Certification for Law Enforcement and Prosecutors Working With Immigrant Survivors (+)
These slides were presented by Officer Michael LaRiviere, Detective Shelli Sonnenberg, and Bill Tamayo at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from How to Obtain U Visa Certification in Family and Criminal Courts (+)
These slides were presented by Commissioner Loretta Young, Judge Mary Weir, and Leslye E. Orloff at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from Creative Language Access Advocacy: Removing Language as a Barrier to Justice in Rural and Urban Communities (+)
These slides were presented by Detective Shelli Sonnenberg, Olga Trujillo, and Cannon Han at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from A Trauma Informed Approach to Attorney/Client Relationships and Collaborations: Strategies for Divorce, Custody, Protection Orders, and Immigration Cases (+)
These slides were presented by Mercedes V. Lorduy, Mary Ann Dutton, and Aparna Bhattacharyya at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from U Visa 101: Nuts and Bolts of the Application and Certification (+)
These slides were presented by Rocio Molina, Benish Anver, and Aparna Bhattacharyya at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from Special Immigrant Juvenile Status Explained: Obtaining Family Court Orders for Under 21 Year Old Family and Sexual Violence Survivors (+)
These slides were presented by Leslye Orloff, Commissioner Loretta Young, and Judge Mary Weir at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from Trauma Informed Interviewing of Immigrant Sexual Assault Survivors: For Law Enforcement, Advocates and Family Law Attorneys (+)
These slides were presented by Bill Tamayo, Mary Ann Dutton and Shelli Sonnenberg at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from Plenary IV: Bridging the Gap Building Partnerships – How Law Enforcement and Advocates Can Work Together on U Visa Certifications (+)
These slides were presented by Michael LaRiviere, Rocio Molina and Aparna Bhattacharyya at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from Sexual Violence In the Workplace: Immigrant Survivors in Rural Communities (+)
These slides were presented by William R. Tamayo and Michael LaRiviere at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from Plenary II: Strengthening Immigrant Survivors and Working with Immigrant Clients in Crisis – Trauma Informed Approach (+)
These slides were presented by Mary Ann Dutton, Mercedes V. Lorduy and Edna Yang at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from Opening Plenary: Best Practices for Working with Immigrant Survivors in Rural Communities (+)
These slides were presented by Leslye Orloff and Olga Trujillo at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Self Care Tool (June 20, 2014) (+)
Self-care should be a preventive measure, and not
something one does when feeling completely overwhelmed. It is not always easy to take
care of ourselves; demands from work, family, and friends can relegate self-care to the
bottom of your “to-do” list. Self-care is particularly important for attorneys and advocates
that work closely with traumatized clients that have difficult stories to tell.
[pdf] Grounding Tool (June 19, 2014) (+)
Grounding techniques are used when working with a trauma survivor who may become overwhelmed or enter a dissociated state when recounting memories or strong emotions associated with a traumatic event.
[pdf] U Visa LEP Training for LE and Prosecutors NSA 2016 (+)
This workshop was presented by Leslye E. Orloff and Officer Michael LaRiviere at the National Sheriff’s Association Winter 2016 Conference in Washington, D.C. The slides aim enhance officer, victim, and community safety using language access and certification programs including the U and T Visas.
[pdf] Law Enforcement and Prosecution Best Practices: Immigrant Crime Victims, Language Access and the U Visa Slides (NCVC Anaheim Training 2015) (+)
These slides were presented by Leslye E. Orloff and Officer Michael LaRiviere at the National Center for Victims of Crime 2015 Training Institute. The slides aim to educate law enforcement, prosecutors, and other victim service providers about their role in providing services to immigrant crime victims, including providing U visa certification and T visa endorsement.
[docx] SJI Training Material – Minnesota (+)
A handout of the material distributed in the judge’s training in Minnesota. Interest in this training arose as a result of our work with judges in Minnesota on U visa certification by judges. Leslye Orloff and Judge Lora Livingston presented at this training in December 2015. NIWAP worked with the Judicial Education Program Manager to identify which areas needed to be addressed and issues the judges were most interested in learning more about.
[pdf] SJI Judges Webinar Pennsylvania (Nobember 5, 2014) (+)
SJI Judges Webinar Pennsylvania (Nobember 5, 2014)
[pdf] Overview of Federal and State Public Benefits: Access For Immigrant Survivors and Their Children (+)
These slides were presented at a workshop by Leslye E. Orloff and Benish Anver in York, PA on December 8, 2015. This training was offered in partnership with the Pennsylvania Immigration Resource Center.
[pdf] Access To State Funded Public Benefits in Pennsylvania Based on Immigration Status (+)
This handout was created for the training entitled “Overview of Federal and State Public Benefits: Access For Immigrant Survivors and Their Children”, offered in partnership with the Pennsylvania Immigration Resource Center (PIRC) and led by Leslye E. Orloff and Benish Anver. The chart provides a breakdown of the state funded public benefits available to various immigrants in Pennsylvania based on their current immigration status.
[pdf] Leadership Academy Manual (2010-2015) (+)
Collection of materials aimed to promote the presence of marginalized populations in leadership roles.
[pdf] Webinar: “ABC’s of Language Access Advocacy” PowerPoint Slides (1 slide per page) (+)
Webinar: “ABC’s of Language Access Advocacy” PowerPoint Slides (1 slide per page)
[pdf] DHS Policies and Safety Planning Flowchart (+)
Flowchart describing safety planning for immigrant survivors and the benefits of initiating the victims immigration case before serving a perpetration in a family law or protection order case. The document also contains a list and links to Department of Homeland Security policies that foster victim protection from immigration enforcement and removal.
[pdf] Training Available for Judges and Court Staff -SJI Funded Curriculum- Immigrants in State Courts (+)
Overview of judicial training offered to judges and court staff on issues that arise in state court cases involving immigrant crime victims, children and litigants. Biographies of faculty for state court judicial trainings offered by NIWAP developed with funding from the State Justice Institute (SJI). The costs of a typical plenary, workshop, 1/2 day or full day training is $2600 (4 days at $650) + travel for 1 NIWAP staff member and 1 judicial faculty member.
[pdf] *State Courts and the Protection of Immigrant Crime Victims and Children (+)
Proposal for Judicial Training available from NIWAP for in-person training of state court judges, magistrates, commissioners and court staff. Formats available: full day, half day, workshop and/or plenary presentation. As the numbers of linguistic and cultural diverse foreign-born individuals living in the U.S. has increased, state courts are being called upon to serve greater numbers of families that include immigrant family members. Family courts are seeing growing numbers of immigrants seeking civil protection orders, custody, child support, divorce, U visa certification, and judgments in a range of proceedings particularly those involving children. To issue rulings that promote justice and fairness in cases involving immigrants, courts need access to legally correct information about immigration laws and Department of Homeland Security policies. This training will provide judges, court staff, attorneys and service providers with tools, bench cards, and materials containing up-to-date, legally correct information on current DHS policies, immigration enforcement priorities, and immigration relief that provide protection from deportation, legal immigration status and work authorization for immigrant children and immigrant for victims of domestic violence, child abuse, elder abuse, sexual assault, human trafficking and other crimes. The special role Congress created for judges in issuing U visa certifications and public benefits open to immigrants will also be discussed. Materials related to this training can be found at: niwap.org/go/sji
[pdf] Percent Change in Foreign Born Population 2006-2010 (+)
A state by state breakdown of the percent change in the foreign born population from 2006-2010.
[pdf] Building Trusting Relationships: A Guide for Advocates/Attorneys Working With Law Enforcement On U-Visa Certification Issues (+)
A flowchart of options for advocates and attorneys that seek to collaborate with LE on U-Visa certification cases. This flowchart describes how to build a trusting relationship as an advocate or attorney working with law enforcement on u-visa certification issues.
[pdf] Comparing Forms of Immigration Relief for Immigrant Victims of Crime (+)
This chart has been developed as a tool to help advocates, attorneys, judges, law enforcement and other professionals to promote a basic understanding of how various forms of immigration relief available to help immigrant crime victims and children differ. The chart compares eligibility requirements, access to employment authorization and lawful permanent residency, and the application process.
[pdf] U Visa Helpfulness Case Scenarios (+)
These scenarios serve as a training tool for police, prosecutors, judges, and other officials to assist in identifying and addressing issues that arise in accessing helpfulness for U visa certification purposes.
[pdf] Questions to Use for Crime Scene Identification of Limited English Proficient (LEP) (May 16, 2017) (+)
These are sample introductory questions that an officer can ask when meeting a person that is potentially LEP. They are based on scenarios that an officer will likely encounter during his or her patrol. The goal is to ask questions that are not related to information the officer may need to for a criminal case, that can build rapport with victims and witnesses and avoid yes/no questions helping officers assess the need for a qualified interpreter to help LEP persons communicate with law enforcement and promote accuracy of police reports and criminal investigations.
[pdf] State Court Findings for Abused Youth Seeking Special Immigrant Juvenile Status (+)
Special Immigrant Juvenile Status (SIJS) allows certain youth immigrant survivors of abuse, abandonment, and/or neglect by a parent to obtain legal immigration status in the United States. This webinar will review elements required for a successful SIJS application focused particularly on special findings in state court orders. Faculty will provide information and resources on screening for SIJS eligibility, types of qualifying abuse, which SIJS cases OVW and LSC funded organizations may represent, jurisdictional concerns of judges, and clarification on the requirement that only one parent abused the petitioning youth.
[pdf] Comparison Chart of Violence Against Women Act (VAWA) Self-Petitioning, U visa, and Special Immigrant Juvenile Status (SIJS) (2015) (+)
This chart compares forms of crime victim based immigration relief for immigrant children. It covers VAWA self-petitioning for child abuse victims, the U visa for child victims of child abuse, sexual assault and other forms of criminal activity and special immigrant juvenile status available for children who have been abused, abandoned or neglected by one or both of their parents. The chart compares eligibility for immigration relief, the immigration relief process, timing of access to lawful permanent residency and access to public benefits and services among these three forms of immigration relief.
[pdf] Immigrant Women, Work, and Violence Statistics (2015) (+)
This document collects, reports, and summarizes research findings regarding immigrant women, work, and violence.
[pdf] Trauma-Informed Advocacy with Immigrant Women (+)
A powerpoint presentation from the June 26-27, 2013 training in Providence, Rhode Island from session 1A.
[pdf] Webinar: Lessons Learned from Law Enforcement: How Collaborations That Results in U Visa Certification Support Safer Communities (+)
A powerpoint presentation from the February 15, 2013 webinar training.
[pdf] Flyer: Lessons Learned from Law Enforcement: How Collaborations That Results in U Visa Certification Support Safer Communities (+)
A flyer for the February 15, 2013 webinar training.
[pdf] Holistic Representation and Advocacy Services for Immigrant Survivors of Sexual and Domestic Violence (+)
A powerpoint presentation from the August 20, 2013 training in Wichita, Kansas sponsored by Kansas Coalition Against Sexual and Domestic Violence.
[pdf] Acceptable Forms of Documentation and Identification for State Drivers License/Identification Card (September 5, 2014) (+)
This chart provides a state-by-state list of the various forms of acceptable documentation, including identification and immigration related documentation, required by states for issuance of state drivers licenses and identification cards.
[pdf] New Department of Homeland Security Policies and Immigrant Victims: From Secure Communities to the DHS Role in Victim Protection (+)
A powerpoint presentation from the June 28, 2012 training in Worcester, MA.
[pdf] Safety Planning for Survivors in Light of DHS’ New Victim Protection Policies (July 11, 2012) (+)
A powerpoint presentation from the July 11, 2012 training in St. Paul, Minnesota entitled “National Call to Action: Institute and Conference” sponsored by the Women of Color Network.
[pdf] Safety Planning Webinar Slides (September 6, 2012) (+)
Safety planning for immigrant survivors using DHS’s new victim protection policies.
[pdf] Early Access to Work Authorization For VAWA Self-Petitioners and U-Visa Applicants (February 12, 2014) (+)
This NIWAP report, which was published in 2014, summarizes the purpose, history, and importance of work authorization for immigrant survivors of domestic violence. It also summarizes a 2013 NIWAP survey of service providers about the length of time their clients spent waiting for work authorization, what occurred during the waiting period, and their experiences after receiving work authorization.
The initial process of obtaining work authorization often takes too long and exposes immigrant survivors of violence to retaliation, coercion, and further harm including incidents of violence and abuse. This document includes recommendations on policy changes in processing VAWA self-petitions and U-Visa applications. It also includes an appendix with illustrative cases showing the impact of delays in processing times for VAWA self-petitioners and U-Visa applicants with a pending case.
[pdf] Current State of VAWA and Trafficking Victim Protection Act Implementing Regulations and Policies (February 13, 2013) (+)
The following article provides an up-to-date list of VAWA statutory provisions for which no implementing regulations or policies have been issued. This list is followed by a consequent list of VAWA and Trafficking Victim
Protection Act (TVPA) regulations that were overruled by statute. This report ends with a list of
current regulations that do not reflect expansions of VAWA or TVPA protections that became
law subsequent to the issuance of the regulations.
[pdf] Chapter 1.6: Working Effectively with Telephone Interpreters (+)
This brief guide provides law enforcement officers with useful information when using telephone interpreters to communicate with persons who are limited English proficient (LEP).
[pdf] Chapter 1.4: Laws Governing Law Enforcement Agency Provision of Language Assistance to Limited English Proficient Persons (+)
Outline with links of laws governing law enforcement agency provision of language assistance to limited English proficient (LEP) individuals.
[pdf] Community of Practice (COP) Invitation Letter (+)
Inviting grantees, subgrantees, and grant partners to join the Community of Practice.
[pdf] COP Registration Form (+)
To apply to the COP, submit this application by Thursday, March 10th. Applications can be emailed to community@niwap.org or mailed to NIWAP at WCL, 4300 Nebraska Ave NW, C100, Washington, DC 20016.
You can fill out the form online at https://goo.gl/forms/It4xjjr4ky
[pdf] Opportunities to Make SIJS Findings in State Court Cases (+)
This presentation provides information to be able to identify cases before the court that involved children who qualify for Special Immigrant Juvenile Status, recognize the broad range of court proceedings in which state court rulings required under immigration law for a child to be SIJS eligible can be made, and know where to access training tools and technical assistance on cases involving immigrant crime victims and children.
[pdf] Blue Card: Screening Tool for Victims Who Qualify for Immigration Protective Relief (March 2, 2018) (+)
Questions for eligibility for protective relief under VAWA, Battered Spouse Waiver, T Visa, and U Visas, as well as information on language access.
[pdf] Medical Assistance Programs for Immigrants and Immigrant Crime Victims: State by State (+)
This chart details the eligibility of immigrants for various medical assistance programs and services, organized by state (including all 50 states, DC, Puerto Rico, Guam, and the Freely Associated States) and by immigration status. For more information on program eligibility in a particular state, please visit https://niwap.org/niwap_main/benefitsmap/.
[pdf] Deferred Action for VAWA Self-Petitioners (+)
This paper proposes factors USCIS should consider using as it updates its deferred action policies and/or VAWA self-petitioning regulations with regard to granting deferred action to VAWA self-petitioners and any children or parents included in the VAWA self-petition. Since immigrant children and parents included in their parent’s or child’s self-petitions are considered self-petitioners, derivative children and parents included in VAWA self-petitions should receive deferred action status at the same time deferred action is granted to the battered immigrant filing the VAWA self-petition. No additional filing should be required.
[pdf] Understanding the Intersection of Immigration Law In State Court Proceedings (November 4, 2014) (+)
Slideshow for State Justice Institute funded webinar for Pennsylvania State Court Judges. This webinar was planned by the Pennsylvania Coalition Against Domestic Violence
[pdf] Deferred Action for Childhood Arrivals: How is it Helpful for Immigrant Crime and Violence Survivors? (+)
This tool discusses the importance of screening Deferred Action for Child Arrivals eligible and recipient children for histories of domestic violence, sexual assault, child abuse, abandonment or neglect, human trafficking, or other forms of crime victimization the DACA child or one of their parents may have suffered. There are several forms of crime victim related immigration relief – U visas, T visas, SIJS and VAWA – that include a path to lawful permanent residency that DACA children may also qualify for that include a path to lawful permanent residency.
[pdf] Promoting Accurate and Effective Communication with Limited English Proficient Persons: Law Enforcement and Community Safety Benefits (+)
Instructor guide for having effective communication with limited English proficient (LEP) individuals. Training for law enforcement crime scene investigators and first responders.
[pdf] Custody Part 2: VAWA Confidentiality and Family Courts (+)
A workshop from NIWAP’s national conference in New Orleans on information about implementing case strategies when opposing party seeks VAWA confidentiality protected information, submitting motions, making arguments, and introducing evidence in support of a motion, and filing and winning motions.
[pdf] Access to Healthcare Under the Affordable Care Act (+)
A training to help immigrant survivors who qualify access healthcare through the Federal Exchange, identify which groups of immigrant survivors can access federal and state funded health care subsidies through the federal or state funded Medicaid or CHIP, look up what health care benefits survivors may qualify for by state, and help undocumented survivors access health care they are eligible to receive.
[pdf] Opening Plenary: Improved Access to Public Benefits for All Immigrant Survivors (+)
After reading this training, you will be able to understand what forms of assistance undocumented immigrants can access, be better equipped to help immigrant survivors access LSC funded legal services, transitional housing, health care, and other services necessary to protect life and safety, and better appreciate the importance of accompanying survivors applying for benefits for their children.
[pdf] VAWA Confidentiality: A Key to Safety Planning (+)
Plenary from NIWAP’s national conference in New Orleans on screening for immigration relief to trigger VAWA confidentiality protections, and complaint procedures for violations.
[pdf] Immigrant Survivors’ Access to Healthcare Under the Affordable Care Act (+)
A training to understand which groups of immigrant survivors can access healthcare through the Federal Exchange, identify which groups of immigrant survivors can access federal and state funded health care subsidies through the federal or state funded Medicaid or CHIP, and help all immigrant survivors access the forms of health care they are eligible to receive for themselves and their children based on their state of residence and the immigration benefits they are pursuing.
[pdf] Federal and State Benefits: Access for Immigrant Survivors and Their Children (+)
This training will help you recognize and know how to use tools to research what state and federal public benefits immigrant survivors can access based on the immigration status pursued, screen for VAWA, T, or U visa immigration relief eligibility to help survivors become “lawfully present,” help immigrant survivors who are qualified immigrants gains access to public benefits, and use strategies for accompanying survivors when they apply for benefits for themselves or their children.
[pdf] Eligibility Under the Affordable Care Act for Survivors of Domestic Violence, Trafficking, and Other Serious Crimes (+)
Eligibility Under the Affordable Care Act for Survivors of Domestic Violence, Trafficking, and Other Serious Crimes. As immigrant crime victims apply for legal immigration status under forms of immigration relief designed for immigrant crime victims, their access to health care and other public benefits grows. Which benefits a victim will qualify for will depend on the type of immigration status the victim is pursuing or has been granted. This document provides an overview of which immigrant victims become eligible for which benefits when in the process after filing for legal immigration status. Once an immigrant is considered to meet the federal law definition of lawfully present, they are eligible to purchase health care insurance via the exchange and become subject as well to the tax consequences of the individual mandate.
[pdf] Immigrant Victims in the Justice System (+)
Flow chart illustrating the importance of providing support for immigrant victims seeking help from the justice system and the many different types of justice system cases immigrant victims encounter as they turn to the justice system for help. The systems immigrant and LEP victims need support navigating include: immigration, domestic violence/ arrest incident, family court, benefits, and protection orders (civil court process).
[pdf] Access to Emergency Shelters and Transitional Housing for Battered Immigrants and Immigrant Victims of Crime (June 3, 2014) (+)
The National Immigrant Women’s Advocacy Project (NIWAP) conducted a nationwide survey of advocates, attorneys, government agencies, victim services, and members of the justice system, who were asked to answer a series of questions about immigrant clients (who had been victims of domestic violence, sexual assault, child abuse, or human trafficking) who encountered, needed, or sought access to transitional housing services. This paper will provide an overview of survey participants and will focus on reporting, analyzing, and making policy recommendations regarding the data collected on transitional housing. The survey sought to discover what immigrant survivors of domestic violence, sexual assault, human trafficking, and child abuse are being asked to prove to be able to gain access to transitional housing and whether they are allowed to prove eligibility using the “any credible evidence” standard of proof akin to evidentiary standards used for VAWA immigration cases.
[pdf] How to Get a Detained Person to Court for Family Court Cases Involving Children and/or Criminal Proceedings (+)
This handout will provide best practices for judges, attorneys, and advocates on how to secure the attendance, in court proceedings, of immigrants who are being detained by the U.S. Department of Homeland Security (DHS) so that immigrants can participate in family court proceedings involving their children and in criminal court proceedings.
[pdf] Protection Orders and Battered Immigrants: The Impact of Attorneys and Advocates (+)
This document outlines the purpose of and need for protection orders in cases of domestic violence and sexual assault, the barriers that victims face in obtaining protection orders, and the intersection of protection orders and immigration concerns. The document will be particularly useful for attorneys, advocates, and judges attempting to understand the impacts of protection orders on a victim’s immigration case.
[pdf] Health Care Resource Guide for Service Providers Aiding Immigrant Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking and Other Criminal Activities (2014) (+)
This resource guide is intended to aid practitioners in efficiently and effectively locating materials on the health care options for immigrant survivors in the National Immigrant Women’s Advocacy Project’s (NIWAP) web library. This guide is broken down by type of health care or benefit. One of the tools included is a state-by-state comparison while other tools are focused on the benefits available to different types of visa holders. NIWAP offers a wide variety of resources and hopes this research guide provides some guidance in effectively finding the most useful resource.
[pdf] Creative Methods in Protecting Battered Immigrants (+)
Battered immigrants often require additional protection to address specific needs sensitive to the particular dynamics of power and coercive control in the abusive relationship where the abuser is the only pathway to lawful immigration status. This chart offers creative filings that a victim may consider based on the specific behavior she wants to deter. This document will be particularly helpful to advocates and attorneys representing battered immigrants, and to judges looking to familiarize themselves with possible remedies in such cases.
[pdf] Comparison Chart of U Visa, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA) (+)
A comparison chart of U Visa, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA).
[pdf] Comparison Chart of U and T Visas (+)
A comparison chart of U and T visa eligibility, benefits, and process.
[pdf] Trafficking Victim Benefits Under the Affordable Care Act (ACA) (June 18, 2014) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Trafficking victims who are granted continued presence and trafficking victims who file for and receive T-visas have greater access to a full range of subsidized health care benefits than any other group of immigrant crime victims. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits.
[pdf] U-Visa Victim Benefits Under the Affordable Care Act (ACA) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Similar to other public benefits, there is no one-size-fits-all rule as to when immigrant victims qualify for subsidies and for what health care benefits may be covered by subsidies. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. Lawfully present U-Visa victims are subject to the individual mandate, unless they meet the low-income exception, and are eligible to purchase insurance on the exchanges. In the vast majority of states, lawfully present U-Visa victims do not receive health care subsidies and when subsidies are offered they are generally only for prenatal and child health care.
[pdf] VAWA Self-Petitioner Victim Benefits Under the Affordable Care Act (ACA) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. The ACA created two categories of immigrants: those are who are “lawfully present” and those who are not. VAWA self-petitioners are included in the category of “lawfully present” and are therefore subject to the individual mandate and eligible to purchase insurance on the exchanges if they do not qualify for an income exemption.
[pdf] Anti-Discrimination Provisions that Apply to Programs Receiving Federal Funding Serving Victims of Violence Against Women Crimes (February 10, 2017) (+)
All programs that serve survivors of domestic violence, sexual assault, stalking, dating violence, child abuse, elder abuse, human trafficking or other crime victims and directly or indirectly receive federal funding or assistance are responsible for complying with anti-discrimination laws. This fact sheet will discuss the anti-discrimination provisions of laws and programs with particular applicability to immigrant and Limited English Proficient (LEP) crime victims. By Catherine Longville and Leslye E. Orloff
[pdf] The Central Role of Victim Advocacy for Victim Safety While Victims’ Immigration Cases Are Pending (July 29, 2014) (+)
Reference guide on various statistics on immigrant victims collected from a nationwide survey conducted in October 2013.
[pdf] Court Rulings Confirm Federal VAWA Confidentiality Protections Bar Discovery of VAWA Confidentiality Protected Information in State Family Court Proceedings (+)
This factsheet provides an introduction to VAWA confidentiality, an overview of the decisions in Hawke v. United States Department of Homeland Security and Demaj v. Sakaj, and implications of the Hawke and Demaj decisions in state family court cases.
[pdf] Service Provider Confidentiality Safeguards: Best Practices (+)
Best practices for service providers to follow in order to ensure survivor safety in accordance with VAWA confidentiality and state confidentiality laws.
[pdf] NIWAP Survey Findings on Access to Public and Assisted Housing for VAWA Self-petitioners, their Children, and Trafficking Victims (June 2, 2014) (+)
VAWA self-petitioners who are battered immigrant spouses and children of U.S. citizens and lawful permanent residents, and victims of human trafficking with continued presence or T visas are “qualified aliens,” and thus they are legally eligible for public and assisted housing. Although, the U.S. Department of Housing and Urban Development (HUD) is providing access to public and assisted housing for human trafficking victims, there has been an 18 year delay in HUD issuing policies and guidance to agencies and programs nationwide who administer public and assisted housing funds directing them that VAWA self-petitioners and their children are eligible to receive public and assisted housing. HUD’s failure to issue policies implementing 8 U.S.C. Section 1641(c) results in VAWA self-petitioners being precluded from accessing, or remaining and being subject to proration, in public and assisted housing units. As a result many battered immigrant spouses of U.S. citizens and lawful permanent residents who are living in public housing with their abuser are forced to choose between staying in public or assisted housing with their abuser or risk homelessness for themselves and their children.
[pdf] Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status (July 23, 2015) (+)
This brochure contains a list of programs for the protection of life, safety and public health, as well as legal services, which are available to immigrants regardless of their immigration status.
[pdf] Public Benefits Tool Kit (+)
This is a comprehensive tool that provides information relating to public benefits. This manual is composed of chapters and training tools providing overview of immigrant crime victims’ legal rights to services and public benefits, programs open to all without regard to immigration status, federal public benefits (by topic), state benefits comparison charts (by topic), drivers licenses and Social Security numbers, screening and eligibility, and additional government documents relevant to access to public benefits and services for immigrant crime victims.
[pdf] Federal, Partnership, and State Exchanges That Provide State and State-Option Funded Medicaid or Medicaid-Like Services (2014) (+)
This quick reference guide details the types of health care exchanges and government-subsidized health care programs run by each state, as well as the immigration-related eligibility requirements of each.
[pdf] Justice for All: How Attorneys Can Successfully Win Custody Cases for Immigrant Survivors When There Is a Clash of Laws, Cultures, Custody, and Parental Rights (+)
This chapter is designed to help lawyers develop case plans that position immigrant clients to best take advantage of the immigration and family law protections available to help battered immigrants. This chapter also highlights key issues that arise for lawyers representing battered immigrants in custody cases. Tools and resources are provided to help screen clients for immigration relief eligibility and to locate immigration lawyers in your state who have expertise working with immigrant survivors.