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.
Publisher: * NIWAP
[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] 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] 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] 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] 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] 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 (June 16, 2014) (+)
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] 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.
[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] Adult Protective Services Administration by State (+)
List of adult protective services administration by state.
[pdf] The Use of the U Visa to Improve Law Enforcement’s Work with Immigrant Victims (Nov 19-20, 2013) (+)
Slides for the BWJP 2013 ARREST grantee conference in Jacksonville, FL.
[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] Slides: “Trauma-Informed Care: Promoting Healing While Strengthening Survivors’ Immigration Case” (+)
Slideshow from the webinar that took place on October 30, 2013.
[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] 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] 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] 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] Immigrant Crime Victims Social Science Bibliography (+)
Bibliography of social science research relating to 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] Human Trafficking and Sexual Assault (+)
A powerpoint presentation from the June 26-27, 2013 training in Providence, Rhode Island from session 6B.
[pdf] Taking it Home: Implementing the Tools that You have Gained Here. (+)
A powerpoint presentation from the June 26-27, 2013 training in Providence, Rhode Island from the closing session.
[pdf] Closing Plenary Handout (+)
Taking it Home: Implementing the Tools that You have Gained Here. Remember all presentations, handouts and supplementary materials are available to you on our web library.
[pdf] Language Access for Sexual Assault Survivors and Working Effectively with Interpreters (+)
A powerpoint presentation from the June 26-27, 2013 training in Providence, Rhode Island from session 5A.
[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] 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] Yes We Can! Public Benefits for Immigrant Survivors (+)
A powerpoint presentation from the April 19, 2013 public benefits webinar sponsored by U.S. Department of Justice Office on Violence Against Women.
[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] Immigrant Crime Victim Child Care Access Chart (+)
This chart details the TANF-funded child care options available to immigrants, broken down by state and by immigration status, as well as the eligibility requirements of the Child Care Development Fund (CCDF).
[pdf] Fact Sheet: Impact of Arizona v. United States and Georgia Latino Alliance for Human Rights v. Governor of Georgia on Georgia’s Immigration Law (+)
Fact Sheet discussing the impact of Arizona v. United States and 11th Judicial Federal Court of Appeals Rulings regarding the constitutionality of Georgia’s State Immigration Law.
[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] Percent Change in Foreign-Born Population Between 2001 and 2009- Census 2010 (+)
A chart of the percent change in foreign-born population between 2001 and 2009 based on U.S. Census data 2010.
[pdf] VAWA Self-Petitioning Eligibility Flow Chart for Elder Abuse Survivors (+)
Screening tool for VAWA self-petitioning eligibility for abused elders and vulnerable or disabled adults.
[pdf] Geographic Location of Newly-Arrived Immigrants in the U.S. Census 2010 (+)
A chart showing the percentage of foreign-born population who have been in the U.S. 0-5 years. Based on U.S. Census data 2010.
[pdf] Top 5 Languages Spoken at Home (+)
A chart of the top 5 languages spoken at home by state. Based on U.S. Census data 2010.
[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] Sample Brief on VAWA Confidentiality Barring Discovery in a Family Court Case (+)
Sample brief opposing discovery of VAWA confidentiality protected case files in a family court case base on Amicus Curiae brief filed in a family court case in support of a Motion for a Protective Order before the Superior Court of Cobb County, Georgia.
[pdf] Immigration Protection Screening Checklist: Special Immigrant Juvenile Status (June 13, 2015) (+)
A checklist for immigration protection screening for special immigrant juvenile status.
[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] Percent Limited English Proficiency (LEP) by State- 2010 Census (+)
A chart of the percentage of limited English proficiency by state, based on U.S. Census data 2010.
[pdf] Top 10 Languages Spoken at Home, Other Than English (+)
A chart of the top 10 languages spoken at home by state.
[pdf] Percentage of Population By State By Level of English Language Proficiency -Census 2010 (+)
A chart of English proficiency by state based on 2010 U.S. census data.
[pdf] Comparison of State LEP and Foreign-Born Populations (+)
A chart of comparing state limited English proficient individuals and foreign-born populations by state, based on U.S. Census data 2010.
[pdf] Economic Relief for Immigrant Victims: Child Support and Spousal Support (+)
This tool provides information on economic relief for immigrant victims and focuses on the role of financial control and isolation abusers use to maintain control over their victims. This tool address such issues as VAWA self-petition eligibility, child custody, child support, etc.
[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] Georgia Demographics (+)
Basic demographic information on immigrant population in Georgia – 2014 Data. Updated June 2016.
[pdf] Languages Spoken at Home (+)
A chart of the languages spoken at home, by state based on 2010 U.S. census data.
[pdf] Immigration Population by State, Broken Down by Years Since Immigration to the US -Census ACS 2009 (+)
A chart of immigration population by state broken down by years since immigrating to USA, based on U.S. Census data for 2010.
[pdf] 家庭で問題がありますか？ (Are You Safe At Home? Japanese) (+)
家庭で問題がありますか？米国での権利を知りましょう. 米国では女性は権利を持っています. 助けがあります！
[pdf] 你在家裡遇到麻煩了嗎？ (Are You Safe At Home? Chinese) (+)
你在家裡遇到麻煩了嗎？閱讀你在美國的權利 在美國婦女有權利 有可用的幫助！
[pdf] BẠN CÓ VẤN ĐỀ Ở NHÀ? (Are You Safe At Home? Vietnamese) (+)
BẠN CÓ VẤN ĐỀ Ở NHÀ? Đọc về quyền lợi của bạn vào nước này. Phụ nữ có quyền tại Hoa Kỳ. Trợ giúp có sẵn ở kìa!
[pdf] Les Droits & Les Options (Rights and Options, French) (+)
Les Droits et Les Options Accessibles aux Femmes Immigrantes, aux Femmes Migrantes, aux Femmes Réfugiées, et aux Femmes Qui Ont Rencontré Leur Mari à Travers Une Agence Entremetteuse Internationale.
[pdf] Rights and Options in Partial Hindi (+)
Rights and Options Partial Hindi
[pdf] Derechos Y Opciones (Rights and Options, Spanish) (+)
Derechos Y Opciones
de Mujeres Maltratadas Que Son Inmigrantes, Migrantes o Refugiadas
[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.
[pdf] Employer’s Statement Template (+)
A template (covering employment of husband, Jose Sample).