[pdf] Effects of Arizona v. U.S. on the Validity of State Immigrant Laws (+)

Summary of the effects of Supreme Court decision on Arizona state law cutting access to programs, benefits, and services to non-citizens, which were challenge don the grounds that the state could not enact laws that regulated an area that has traditionally been regulated by the Federal Government.

[pdf] State Courts and the Protection of Immigrant Crime Victims and Children (October 2013) (+)

This presentation will help you understand the intersections between state court proceedings and immigration law, know how accurate immigration law information affects just and fair outcomes in state courts, recognize facts that indicate a party qualifies for legal immigration status and protection from/low priority for removal, be able to sign U visa certifications, and make findings in state court cases needed for or helpful to an immigrant crime victim’s immigration case.

[pdf] Good Moral Character: Assessment Tool (October 15, 2013) (+)

This article is a Good Moral Character assessment tool. Federal immigration law provides that an immigrant must be of good moral character to be eligible for several forms of immigration relief including: VAWA self-petitioning, VAWA cancellation of removal, naturalization and cancellation of removal. This tool lists factors that if present in a case impede the immigrant’s ability to demonstrate good moral character.

[pdf] Bench Card for State Court Judges on Common Issues that Arise From Parties’ Immigration Status: Economic Remedies (March 10, 2022) (+)

This bench card provides information for state court judges on issues unique to immigrants, such as: eligibility to work, eligibility to receive benefits and services, the impact of Individual Tax Identification Numbers (ITINs) and use of immigration affidavits of support in family and juvenile court proceedings and mandatory detention. The purpose of this bench card is to provide a quick reference and to help judges identify immigration issues that might affect the range of outcomes available in cases before them. The information contained in this bench card provides accurate information on work authorization, benefits access, assurances made to the Department of Homeland Security (DHS) regarding support of family members, and information about immigrants who will be paying taxes and be able to submit tax returns to the court.

[pdf] Immigrant Crime Victims Legal Bibliography (+)

Bibliography of legal journal articles and legal publications related to the legal rights of immigrant victims of domestic violence, sexual assault and human trafficking through 2013.

[pdf] Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases (September 12, 2015) (+)

This document details the range of behaviors that would constitute “battery or extreme cruelty” used by the Department of Homeland Security (DHS) and draws examples from decisions state court judges deemed abusive/domestic violence in granting civil protection orders and determining of family violence in family law cases.

[pdf] Report to the Legal Services Corporation: Immigrant Victims of Domestic Violence, Sexual Assault, and Human Trafficking and Access to Legal Services (June 19, 2013) (+)

This article contains a report on the legislative and regulatory history and evolution of access to legal services available to immigrant victims of domestic violence, sexual assault and human trafficking from Legal Services Corporation (LSC) funded agencies. It also contains the results of a national survey conducted by NIWAP that sought to document the extent to which immigrant victims were being turned away from LSC funded agencies despite the Violence Against Women Act (VAWA) 2005 amendments and implementing LSC policies (2006). This report was submitted to LSC and led to the issuance of LSC regulations creating a new “anti-abuse” path to LSC funded representation for immigrant crime victims through 2014 regulations and policies.

[pdf] Advocate’s Guide to Immigrant Survivors’ Rights and Protections (February 23, 2015) (+)

A guide for advocates and attorneys on immigrant survivors rights if they become the subject of immigration enforcement. This tool helps advocates providing advise to immigrant victims of domestic violence and sexual assault about steps both the immigrant crime victim and the advocate/attorney should take should the victim become the subject of an immigration enforcement action.

[pdf] Steps for Obtaining Interpreters – Law Enforcement (August 21, 2016) (+)

This tool provides an overview of the U.S. Department of Justice recommendations regarding steps law enforcement officers should take when they encounter limited English proficient (LEP) persons and the process for obtaining qualified interpreters. What police may do in exigent circumstances is discussed as is the importance of obtaining a qualified interpreter once the scene is secure and the officer is taking information that will be included in the police report or part of the criminal investigation in the case.

[pdf] Dos and Don’ts to Help Law Enforcement Identify Victims, Witnesses, and Other Persons Who Are Limited English Proficient and Need An Interpreter (May 16, 2017) (+)

This document provides general Dos and Don’ts for law enforcement officers that assist in detecting whether a person is limited English proficient (LEP) and needs an interpreter to communicate fully and effectively with law enforcement officials. This tool will also help law enforcement officials determine whether they believe an interpreter would facilitate accurate communication and the officer wishes to have an interpreter to ensure accuracy in police reports and investigations.

[pdf] Immigrant and Limited English Proficient Victims’ Access to the Criminal Justice System: The Importance of Collaboration (April 30, 2013) (+)

Fact Sheet highlighting findings from a national survey NIWAP conducted documenting immigrant crime victims’ experiences when they called the police for help in domestic violence, sexual assault and human trafficking cases. The findings provide data on the use of qualified interpreters at crime scenes by police and law enforcement barriers to U visa certification. In communities where established collaborative relationships between law enforcement and victim advocates and attorneys existed, law enforcement was significantly more likely to sign U visa certifications and more likely to provide language assess for limited English proficient crime victims at crime scenes.

[pdf] Bench Card: VAWA Immigration and Public Benefits Eligibility Process: VAWA Self-petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation, and Battered Spouse Waiver Applicants (December 31, 2021) (+)

This Bench Card contains information on the VAWA public benefits eligibility process, including the following: immigration status qualification requirements, VAWA cancellation of removal and suspension of deportation, battered spouse waiver, and how to become a “qualified immigrant” who is eligible to receive federal and state public benefits.

[pdf] Bench Card Trafficking Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)

This Benchcard discusses the qualifications for Continued Presence status, how to apply for and obtain Office of Refugee and Resettlement benefits eligibility based on Continued Presence, qualifications for T-Visa status, how to apply for a T-Visa, and how to receive benefits after receiving Continued Presence status or a T-Visa. It also outlines the federal and state public benefits and other government-funded programs available to trafficking victims as well as the eligibility period.

[pdf] Federal Preemption of State Laws That Attempt to Restrict Immigrant Access to Services Necessary to Protect Life and Safety (2013) (+)

Although the power to regulate immigration and enact immigration laws rests exclusively with the federal government, some state laws and local ordinances have been enacted to involve state and local officials in immigration enforcement and to cut off access to programs, benefits, and services to non-citizens including undocumented immigrants. This article discusses federal preemption of state laws that attempt to restrict immigrant access to services that have been deemed by the Attorney General of the United States to be necessary for the protection of life and safety.

[pdf] Flowchart of Access to Federal and State Public Benefits for Victims of Human Trafficking (+)

This is a flowchart regarding access to federal and state public benefits for victims of human trafficking, including services necessary to protect life and safety.

[pdf] Flowchart on Access to Federal and State Public Benefits for Battered Immigrant Spouses and Children of U.S. Citizens or Lawful Permanent Residents (+)

This is a flowchart pertaining to abused family members’ access to federal and state public benefits, including services necessary to protect life and safety.

[pdf] Flowchart on Access to Federal and State Public Benefits For U-Visa Victims (+)

This is a flowchart on U-Visa victims’ access to federal and state public benefits, including services necessary to protect life and safety.

[pdf] Report on State Plans and Services for Immigrant and Limited English Proficient (LEP) Victims (+)

NIWAP conducted a state by state review in 2012 of State Implementation Plans submitted by state STOP Administrators to the Office on Violence Against Women to identify trends and best practices for working with immigrant and limited English proficient victims. This report contains the results of that review.

[pdf] The Importance of the U-visa as a Crime-Fighting Tool for Law Enforcement Officials (December 3, 2012) (+)

The U-visa has become an important crime fighting tool that helps law enforcement officials, including police, sheriffs, and prosecutors across the country to build trust with immigrant crime victims and their communities. In this report, law enforcement officials describe the ways in which the U-visa has helped them in detecting, investigating, and prosecuting crime in their communities. (December 13, 2012).

[pdf] Understanding and Participating in State Level Policy Advocacy (+)

This guide is a tool for advocates and attorneys working at the state and national levels on public policy advocacy to secure reforms in laws, policies and practices that improve access to justice, help, and services and to expand legal options for survivors of domestic violence and sexual assault. Describes as step by step approach to working toward policy and law reform with a particular emphasis on building relationships and cross disciplinary collaborations that are essential to securing change now and in the future.

[pdf] U-Visa Victims and Lawful Permanent Residency (2012) (+)

This survey examined the extent to which U visa recipients were eligible for and pursued lawful permanent residency and found that U visa victims were providing cooperation with law enforcement at high rates and were also able to demonstrate the humanitarian need, public interest or family unity required to receive U visa based lawful permanent residency status.

[pdf] Stories from the Field (+)

This collection of stories was developed to illustrate the harms to immigrant victims of domestic violence and sexual assault that would occur if proposed changes in the immigration protections offered under VAWA and U visa immigration relief were rolled back. Provisions in the House VAWA Reauthorization of 2012 proposed to make significant changes to the U visa program that would cut off U visa access for many victims, would end U visa lawful permanent residency protections, and would impose case processing changes that would endanger victim safety. This storybook contributed to President Obama issuing a veto threat of legal protections currently available in law were rolled back in VAWA 2013 for any victims. The stories illustrate how victims will be harmed if access to lawful permanent residency for u visa victims is denied; why U visa holders need lawful permanent residency, U visa case benefits for victim safety and law enforcement even when no criminal case is opened or pursued; and Perpetrator Interference With Victim Access to VAWA Immigration Relief.

[pdf] Family and Criminal Court Scenarios in Which Courts Will Encounter Immigrants Who Are Eligible for Immigration Protections (+)

Information and examples explaining how and in what proceedings courts may encounter immigrants who are eligible for Violence Against Women Act (VAWA and U Visa), Trafficking Victims Protection Act (TVPA), Special Immigrant Juvenile (SJIS) and Deferred Action for Childhood Arrival (DACA) immigration protections.

[pdf] Evidence List for Battered Immigrant Women Seeking Social Security Numbers (March 2014) (+)

This list is designed to provide advocates working with battered immigrants with a tool that will help them work more effectively in obtaining social security numbers. Battered immigrants who receive a prime face determination may be eligible to receive cash assistance. Many federal and state benefits agencies require a social security number in order to issue the cash benefit. Therefore, battered immigrants who do not have an INS issued work authorization will need to apply for a non-work social security number. Advocates are strongly encouraged to accompany their clients to the Social Security Administration to ensure that their clients are not denied non-work SSNs by caseworkers who do not fully understand the process and eligibility requirements involved in issuing non-working SSNs.