“Pierre Salame Ajami v. Veronica Tescari Solano” (6 th Circuit Court of Appeals) NIWAP filed an Amicus Brief in
a 6 th Circuit Court of Appeals case in which a Venezuelan mother who had been granted asylum in the United
States as a victim of domestic violence was ordered by the District Court in a Hague Convention case to return her
children who had also been granted asylum in the U.S. to their father in Venezuela. This appeal highlighted the
error of law that the District Court made in failing to consider the fact that the mother and children had been
deemed credible by DHS and granted asylum. The brief provided social science data demonstrated how the District
Court had also failed to consider the impact of trauma on testimony of domestic violence victims. NIWAP was
represented by DLA Piper and Crowell and Moring represented the victim mother in this case. (April 19, 2022)
Publisher: * NIWAP
[pdf] DHS Interactive Infographic on Protections for Immigrant Victims (November 2021) (+)
Interactive infographic with links to USCIS websites and up to date forms covering crime victim related forms of immigration relief.
[pdf] Cabezas (2010) US Citizenship and Immigration Service Administrative Appeals Office (+)
Esteban Cabezas is an appeal to the United States Citizenship and Immigration Services Administrative Appeals Office (2010) of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigration related abuse and the role this abuse plays as part of a pattern of extreme cruelty. (Andrew Taylor, Pro Bono)
[pdf] Alabama Demographics (updated September 27, 2023) (+)
Basic demographic information on immigrant population in Alabama – 2021 Data. Updated September, 2023
[pdf] Leiva-Mendoza v. Holder (April 22 2011) United States Court Of Appeals For The 8th Circuit (+)
Leiva-Mendoza v. Holder, United States Court Of Appeals For The 8th Circuit (April 2 2011) discusses how a child’s witnessing of serious domestic violence perpetrated against their parent is a basis for granting VAWA cancellation of removal to children who witness domestic violence perpetrated against their parent even in cases in which the children have not themselves been abused. This amicus brief provided the court with the relevant research data on harm to children of witnessing abuse in the home and argued that requiring proof of “actual harm” to the child is not required to prove “extreme cruelty.”
[pdf] Technical Assistance and Training Flyer – Law Enforcement and Prosecutors (August 17, 2023) (+)
This set of flyers advertises the availability of training on language access, and U and T visa certification by law enforcement and prosecutors and working with immigrant and LEP victims. The second page of this set of flyers advertise the training and technical assistance offered by NIWAP, American University, Washington College of Law to courts, judges, law enforcement officials, prosecutors, victim advocates, and attorneys working in family law, domestic violence, immigration and legal services agencies covering a wide range of topics that are important to professionals who encounter immigrant crime victims and immigrant children in their work. Trainings are designed to meet the needs of the local jurisdiction or state requesting the training and involve both NIWAP staff and a national team of experts, law enforcement, prosecutor and judicial trainers. The first page of this flyer summarizes special training offered to law enforcement officials, prosecutors and their agency’s victim witness staff. The second discusses the full list of training and technical assistance open to all professionals working with immigrant survivors and the last flyer discusses the trainings NIWAP offers for judges and court staff.
[pdf] Technical Assistance for Judges and Courts: Immigrant Victims of Domestic Violence, Child and Elder Abuse/Neglect, Sexual Assault, Stalking, Dating Violence and Human Trafficking (August 17, 2023) (+)
NIWAP offers technical assistance, training, training materials and legal research publications for judges, law clerks, court staff, state court educators, and state court administrators on topics that assist courts in family, juvenile, civil and criminal court cases involving foreign born victims of domestic violence, sexual assault, stalking, dating violence, child and elder abuse, and human trafficking. We specialize on how immigration laws intersect with state family, protection order, custody, child support, public benefits, criminal, civil, and language access laws. This set of flyers describes the training and technical assistance available to judges and state courts, followed by a flyer on the range of topics of training and technical assistance offered by NIWAP. The last flyer in this set discusses the training and technical assistance NIWAP offers state and local law enforcement and prosecution officials and their agency’s victim witness staff.
[pdf] Workshop 4B – PowerPoint Presentation (August 2023) (+)
[pdf] Domestic Violence and Involuntary Servitude as Human Trafficking (August 17, 2023) (+)
This document summarized new DHS policies describing how human trafficking in the form of involuntary servitude occurs and the proof that can be offered to demonstrate that a domestic violence or child abuse victim has also been subjected to human labor trafficking by their domestic violence or child abuse perpetrators. Human trafficking can and does occur within families and this tool will help judges, family lawyers, prosecutors and victim advocates identify it, document it, and make findings about its existence in court orders. By identifying human labor trafficking occurring within families immigrant victims gain a faster path to legal immigration status and greater access to public benefits and services than if courts, attorneys and victim advocates fail to identifying labor trafficking occurring within families.
[pdf] Plenary IV – Materials List (August 2023) (+)
Plenary IV – Materials List (August 2023)
[pdf] Plenary IV – PowerPoint Presentation (August 23, 2023) (+)
[pdf] U Visas Helpfulness – Training Materials -Workshop 4C (August 23, 2023) (+)
[pdf] Workshop 4C – PowerPoint Presentation (August 2023) (+)
[pdf] Workshop 4B – Materials List (August 2023) (+)
Workshop 4B – Materials List (August 2023)
[pdf] Workshop 4A – Materials List (August 2023) (+)
[pdf] Workshop 4A – PowerPoint Presentation (August 2023) (+)
Workshop 4A – PowerPoint Presentation (August 2023)
[pdf] Workshop 3C – Materials List (August 2023) (+)
[pdf] Workshop 3C – PowerPoint Presentation (August 2023) (+)
[pdf] Workshop 3B – PowerPoint Presentation (+)
Workshop 3B – PowerPoint Presentation
[pdf] Workshop 3A – Materials List (August 2023) (+)
[pdf] Workshop 3A – PowerPoint Presentation (+)
Workshop 3A – PowerPoint Presentation
[pdf] Plenary III – Materials List (August 2023) (+)
[pdf] Plenary III – PowerPoint Presentation (August 2023) (+)
[pdf] Plenary II – Materials List (August 2023) (+)
Plenary II – Materials List (August 2023)
[pdf] Plenary II – PowerPoint Presentation (August 2023) (+)
[pdf] Workshop 2C – Materials List (August 2023) (+)
Workshop 2C – Materials List (August 2023)
[pdf] Workshop 2B – Materials List (August 2023) (+)
[pdf] Workshop 2B – PowerPoint Presentation (August 2023) (+)
[pdf] Workshop 2A – Materials List (August 2023) (+)
[pdf] Workshop 2A – PowerPoint Presentation (August 2023) (+)
Workshop 2A – PowerPoint Presentation (August 2023)
[pdf] Training Materials – Immigrant and Limited English Proficient Litigants in Custody Cases – Advanced Custody (Jun 28, 2023) (+)
[pdf] Workshop 1C – PowerPoint Presentation (August 2023) (+)
[pdf] Workshop 1B – Materials List (August 2023) (+)
[pdf] Protecting Immigrant Survivors and their Children: Identifying the Best Immigration Options for Your Client (August 2023) Workshop 1B – PowerPoint Presentation (+)
[pdf] Workshop 1A – PowerPoint Presentation (August 2023) (+)
[pdf] Plenary I – Materials List (August 2023) (+)
[pdf] Workshop 2C – Identifying , Safety Planning, and Litigating Stalking in Family Law Cases PowerPoint Presentation (August 2023) (+)
[pdf] Plenary I Investigating and Prosecuting Stalking Cases Involving Immigrant Victims- PowerPoint Presentation (August 2023) (+)
[pdf] Agenda NIWAP Boston Conference August 2023 (updated August 18, 2023) (+)
Final agenda for the Strengthening Community and Organizational Responses: Serving Immigrant Victims of Domestic Violence, Sexual Assault, and Stalking in-person training that is being hosted by NIWAP, American University, Washington College of Law in Boston with two date options. August 28-29 and August 30-31, 2023. This training is for Office of Violence Against Women and STOP grantees and potential grantees.
Overview: This two-day in-person interactive training focuses on providing attorneys, law enforcement, prosecutors, and advocates strategies for strengthening their understanding of legal and victim services options for and best practices when working with immigrant survivors of domestic violence, dating violence, sexual assault, and stalking. This training offers diverse learning experiences delivered by a faculty of multi-disciplinary subject matter experts from a wide range of legal and victim service backgrounds including judges, law enforcement, prosecutors, advocates, and attorneys. Immigrant victim related training topics will include: stalking; immigration, public benefits, and family law case options, case strategies, and advanced issues; prosecution best practices; primary aggressor determinations; VAWA confidentiality and discovery; police officers as witnesses; multi-disciplinary collaboration; effective outreach; and improving language access. Participants will learn and share practices and strategies to improve immigrant victim safety, increase participation in the justice system, and enhance community safety.
Participants: Each training session is open to attorneys, advocates, law enforcement, prosecutors, and victim witness staff from agencies with funding from OVW including STOP subgrantees, Legal Assistance for Victims (LAV), Campus, Culturally Specific Services Program (CSSP), Rural, and Improving Criminal Justice Response (ICJR). All other grantees and grant funded partner agencies must receive prior approval from their OVW Program Specialist to attend. Law enforcement (federal, state, local, and campus), prosecutors, and their agency’s victim witness specialists are invited to attend regardless of funding sources.
[pdf] Effective Protection Orders for Immigrant Survivors PowerPoint Presentation (August 17, 2023) (+)
[pdf] DHS – Interactive Infographic U.S. Immigration Benefits for Noncitizen Crime Victims (English)(November 2021) (+)
This updated interactive infographic with links provides an overview of the forms of immigration relief available in the United States to protect immigrant victims of crime and abuse. It is presented in the form of a shield of protections for noncitizen survivors.
[pdf] Herramienta para defensores y abogados para desarrollar la historia de un/a sobreviviente: Enfoque informado por el trauma. (Advocate’s and Attorney’s Tool for Developing a Survivor’s Story: Trauma Informed Approach – Spanish (4/24/23) (+)
La historia de un/a sobreviviente es uno de los elementos de prueba más importantes que se presentan con las solicitudes de visa VAWA, U y T, y por lo tanto estas solicitudes son diferentes a las demás solicitudes de inmigración. Esta es una oportunidad para que los funcionarios del Departamento de Seguridad Nacional (DHS, por sus siglas en inglés) oigan las palabras del/de la sobreviviente, en su propia voz. Al leer la historia del/de la sobreviviente, el lector — en última instancia, el funcionario de DHS — debe poder entender y sentir lo que sintió el/la sobreviviente después de haber sido sometido/a al abuso o victimización por la delincuencia.
[pdf] Trauma-Informado Cuestionario para Entrevistas para Casos de Inmigración (Spanish) Trauma Informed Structured Interview Questionnaires for Immigration Cases (SIQI) (24 Abril 2023) (+)
Los siguientes cuestionarios se proveen para facilitar la Entrevista estructurada informada por experiencias de trauma (SIQI, por sus siglas en inglés). Durante la sesión para formar la historia, se recomienda que el/la cliente comparta su historia sin interrupción mientras que los defensores y abogados escuchan atentamente, toman notas, y notan los desencadenantes de la victima. Esta técnica está diseñado para ser utilizada durante entrevistas subsecuentes con los clientes. Este Cuestionario de entrevista estructurada para casos de inmigración (SIQI) ayudará a los defensores y los abogados en obtener información detallada adicional para fortalecer los casos de inmigración de sus clientes, y también resultará en una imagen completa del trauma y la angustia sufridos por los sobrevivientes. Las preguntas incorporan el enfoque basado en el trauma a base de evidencias que los proveedores de atención en salud mental usan, y que la investigación en ciencias sociales ha concluido que facilita el saneamiento del/de la cliente.
[pdf] ABA Resolution 103A (+)
ABA 103a Resolution
[pdf] OCT132021_Motion on Administrative Appeals Office Decision (+)
Consent
[pdf] NOV242021_Appeal of National Benefits Center Decision (+)
Court acting as a juvenile court
[pdf] DEC232021_Appeal of National Benefits Center Decision (+)
Court acting as a juvenile court
[pdf] JAN272022_Motion on Administrative Appeals Office Decision (+)
Deceased Parent Cases
[pdf] Da Silva v. Attorney General of the United States – 3rd Circuit Court of Appeals (January 24, 2020) (+)
Decision in Da Silva v. U.S. Attorney General. Argued on July 9th, 2019. Opinion filed on January 24th, 2020.
[pdf] Access to Publicly Funded Legal Services for Immigrant Survivors (2014) (+)
In 2014, the Legal Service Corporation (LSC) issued regulations confirming that all immigrant crime victims are legally eligible for LSC funded legal services under anti-abuse regulations. This brochure discusses immigration status based eligibility as well as eligibility under anti-abuse laws. It provides advocates with a guide to immigrant crime victim access to LSC funded legal services, including an illustration on how VAWA, U-visa, and trafficking victims become eligible for LSC representation.
[pdf] Advanced U Visa Issues (+)
This training identifies issues with U Visas and U Visa verifications.
[pdf] Matter of Hranka as applied (+)
Non Precedent Decision Hranka Case.
[pdf] Matter of Hranka (+)
Decision in Hranka Proceeding.
[pdf] Individual Services Assessment- Cherokee Family Violence Center (+)
Done with the Cherokee Family Violence Center (CFVC).
[pdf] Boston Conference FAQ Sheet (+)
[pdf] U Visa and Language Access (+)
Most people have heard the phrase, “communication is key.” This proves very true when working with victims of crime who are confronted with many physical, emotional, or psychological barriers to recovery. This workshop will discuss the U Visa, a powerful tool that assists law enforcement (LE) in effectively fighting crime and improving community safety while […]
[pdf] CCW Immigration leo 5.25.23 (+)
Victimization throughout immigrant communities is significantly high due to the victims’ fears of deportation, retaliation, or mistrust of law enforcement and with offenders not being held accountable. In response, the U Visa was designed to serve as a tool for law enforcement and prosecutors that provide victims of abuse the opportunity to work with the […]
[pdf] Intercountry Act of 2000 (+)
[pdf] USCIS Fact Sheet: Adoption in U.S. Courts of Children from Hague Adoption Convention Countries (June 6, 2023) (+)
Foreign-born children in the United States who are adopted in a U.S. court may face immigration-related implications. Adoption alone does not give a child lawful immigration status. This fact sheet reviews the immigration implications for children from Hague Adoption Convention (“Convention” or “Hague”) countries who did not immigrate to the United States through the U.S. Convention process and are undergoing U.S. adoption proceedings.
[pdf] Filing to Remove Conditions for Legal Permanent Residency for Battered Spouses: Choose Battered Spouse Waiver Over Divorce (May 23, 2023) (+)
Congress created the Battered Spouse Waiver to make it easier for immigrant survivors to remove conditions for legal permanent residency that would typically require a joint filing with the abusive US Citizen or Legal Permanent Resident spouse. However, due to the current evidentiary requirements, many immigration attorneys opt to take what appears to be the […]
[pdf] How to Apply for Fee Waivers (May 19, 2023) (+)
Fee waivers assist immigrant survivors facing hardships in filing for relief by waiving filing fees that may be preventing immigrant survivors from receiving immigration relief. This publication reviews which immigration forms are exempt and/or eligible for fee waivers, how to apply for a fee waiver, and best practices for filing fee waivers with other immigration […]
[pdf] How to Prepare Your Case Through a Trauma Informed Approach: Tips on Using the Trauma Informed Structured Interview Questionnaires for Family Court Cases (SIQI) (April 27, 2023) (+)
Developing a survivor’s story is a critical component of preparing for any case in which a client has a
history of domestic violence, sexual assault, dating violence, and/or stalking. When working with immigrant
survivors applying for immigration relief as a result of the abuse, it is necessary to collect a detailed story to
submit as part of the immigration application.
[pdf] NJN PowerPoint Presentation (April 4, 2023) (+)
[pdf] May 11, 2023 “Best Practices for Serving Immigrant Victims: Access to Public Benefits and Services in Virginia” (+)
When immigrant survivors of domestic violence, sexual assault, dating violence, stalking, and human trafficking other crimes begin the process of filing for victim-based immigration protections, their ability to access publicly funded benefits and services expands. The wide range of professionals who encounter immigrant survivors of crime and abuse in their work need to be able […]
[pdf] NIWAP Conference 2023 Flyer (+)
NIWAP Conference 2023
[pdf] NJN PowerPoint Presentation (May 2, 2023) (+)
[pdf] USCIS is creating HART Virtual Service Center for Humanitarian Immigration Relief (March 39, 2023) (+)
This newsletter informs the field attorneys, judges, victim advocates , police, and prosecutors about the opening of the USCIS HART Service Center that will specialize in adjudicating cases involving immigrant victims of domestic violence, sexual assault, stalking, human trafficking, child abuse and other crimes and will help victims gain access to work authorization more swiftly and greater protections against deportation. This newsletter also discusses new U visa certification policies at the U.S. Department of Labor that will help immigrant victims of labor trafficking.
[pdf] Answers to Questions from State Court Judges on the 2022 Special Immigrant Juvenile Status (SIJS) Regulations (April 4, 2023) (+)
This document addresses the most frequently asked questions that come up during judicial trainings for state court judges on SIJS findings of fact and conclusions of law needed by immigrant children filing Special Immigrant Juvenile State petitions. It address best practices for drafting state court orders and is up to date through April 2023 and covers the 2022 SIJS regulations as well as information contained in the SIJS policy manual issued by USCIS.
[pdf] Setting Up the Crime and Abuse Victim Protection Directorate at USCIS (August 23, 2022) (+)
This report submitted to the Ombudsman for USCIS argues for moving all of the adjudications of VAWA self-petitions, U and T visas, Battered Spouse Waivers, Work Authorizations for Abused Spouses of Visa Holders and Special Immigrant Juvenile Status Petitions into one adjudication system with expert adjudication staff and managers that specialize in these forms of immigration relief. The goal of which will be to speed up the wait time between filing and receipt of deferred action and work authorization for immigrant victims. This paper contributed to the creation of the HART Service Center that USCIS announced the opening of on March 30, 2023. To receive any of the attachments cited in this report contact NIWAP at info@niwap.org.
[pdf] In Re Guardianship of Saul H. NIWAP Amicus Brief to California Supreme Court (March 21, 2022) (+)
This document provides the amicus brief filed by NIWAP on March 21, 2022 to the California Supreme Court in support of the petitioner in In re Guardianship of Saul H. This case originated when a state probate trial court that refused to issue a predicate order to an immigrant child who suffered abuse and neglect perpetrated by his parents. Despite the uncontroverted evidence about the abuse and neglect by Saul’s parents, the probate court denied his request of SIJS findings. Saul appealed and the Court of Appeals affirmed, and ultimately the California Supreme Court reversed, with all justices concurring. In In re Guardianship of Saul H., the California Supreme Court provides very helpful clarification and direction that will assist trial courts and appellate courts in California and nationally for state courts carrying out their Congressionally assigned role issuing predicate orders that are a required of immigrant children filing SIJS applications. This amicus brief can also be a useful training tool.
[pdf] Flyer-for-Boson-Conference-2023-03.09.23-1 (+)
This flyer provides links to registration, the agenda for, and travel scholarship applications for NIWAP’s OVW and STOP grantee conference to take place in Boston with two date options for this two day in-person conference August 28-29, 2023 and August 30-31, 2023.
[pdf] Youth Empowered for Success (YES) Atlantic County NJ Pilot Program (+)
[pdf] Youth Empowered for Success (YES) Program – Blank MOU (+)
[pdf] PowerPoint Presentation (March 7, 2023) (+)
[pdf] Judicial Officer Checklist for Common Behaviors Associated with Stalking (March 2, 2023) (+)
Checklist for judicial officers for identifying and making findings on stalking behaviors.
[pdf] Stalking Literature (March 2, 2023) (+)
This checklist developed for judicial officers assists courts in identifying and making findings of fact documenting behaviors commonly associated with stalking.
[pdf] Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status USCIS-2011-0010 (September 13, 2021) (+)
NIWAP comment seek a final T visa rule that provides further clarification and instruction regarding the T visa Trauma Exception. These comments explain why defining “trauma” will help T visa applicants know if they qualify for the physical and psychological trauma exception to the law enforcement cooperation requirement. These comments further explain why immigrant victims eligible for T visas, U Visas, VAWA self-petitions, and for VAWA cancellation of removal and VAWA suspension of deportation should, by default, not be subject to reinstatement of removal proceedings, unless certain qualifications are met. These regulations provide USCIS an opportunity to also address the ongoing problems being caused for all immigration relief eligible victims by ending DHS’s 17-year delay to implement VAWA 2005’s Congressional instruction that DHS exercise its discretion to not reinstate removal against T visa, U visa, VAWA self-petitioner, VAWA cancellation and VAWA suspension applicants and eligible victims.
[pdf] REPORT – PROMOTING ENHANCED ACCESS TO SPECIAL IMMIGRANT JUVENILE STATUS (SIJS): Addressing Abuse by “One Or Both” Parents And Recognizing the Range of Court Proceedings In Which SIJS Orders Can Be Issued (October 10, 2013) (+)
This report has been developed to highlight issues that the U.S. Citizenship and Immigration Services should consider as it issues regulations governing implementation of recent legislative improvements to the protections available under immigration law offering Special Immigrant Juvenile Status to abused, abandoned and neglected children. Our work is focused on four key areas, all of which are vital to alleviating poverty and improving the health and safety of immigrant women: immigration policies; economic empowerment; justice system relief for immigrant women; and rights and protections for victims of domestic violence, sexual assault and human trafficking. The ultimate agenda is to provide training, technical assistance, advocacy, research, materials and up to date information on government policies and best practices so that advocates, lawyers, police, prosecutors, judges and other professionals have the tools they need to help immigrant women, children and crime victims access the services, justice system and immigration relief, health care, housing, educational opportunities, benefits and other assistance they are legally entitled to receive. NIWAP works with professionals inside and outside of government to forge innovative solutions that improve legal protections and access to justice for immigrant women and children in the United States.
[pdf] Understanding Stalking for Immigrants (+)
This brochure by SPARC presents information about what stalking is, tactics used by stalkers to scare their victims, and potential steps to protect oneself from the negative effects of stalking.
[pdf] Massachusetts U Visa Certification Law – Certification for Victims of Violent Crime and Human Trafficking (2021) (+)
Massachusetts state law requires certifiers to adopt a policy for completing and signing nonimmigrant status certification forms. The law also requires a certifying entity to respond to certification requests within 90 days.
[pdf] Comparing Inadmissibility Waivers Available to Immigrant Victims in VAWA Self-Petitioning, U Visa, T Visa and Special Immigrant Juvenile Status Cases (December 26, 2022) (+)
This chart was developed to assist prosecutors, judges and attorneys representing immigrant victims of domestic violence, sexual assault, human trafficking, child abuse, child abandonment, child neglect, and other U visa listed criminal activities to promote a better understanding of the inadmissibility factors that apply, do not apply, or could be waivable for each of the primary forms of immigration relief immigrant victims of crime and abuse are eligible to receive under U.S. immigration laws. This document contains detailed footnotes citing and explaining the statutes and regulations that govern inadmissibility for immigrant crime victims.
[pdf] Special Immigrant Juveniles (SIJS): Inadmissibility Factors That Do and Do Not Apply to SIJS Cases (December 26, 2022) (+)
Reference list on inadmissibility factors that do and do not apply in cases of children applying for Special Immigrant Juvenile Status (SIJS) and for lawful permanent residence as SIJS recipients. For more detailed information on inadmissibility for victims of crime and abuse see https://niwaplibrary.wcl.american.edu/inadmissibility-comparison-charts-for-victims.
[pdf] Chapter VI – Inadmissibility in Special Immigrant Juvenile Status Cases (December 26, 2022) (+)
This Chapter explains admissibility requirements and the inadmissibility waivers that may be available in cases of children applying for SIJS. It discusses the grounds of inadmissibility and SIJS that describes the inadmissibility that statutorily does not apply or can be waived in cases of SIJS and grounds of inadmissibility that SIJS cannot waive.
[pdf] Improving 8 U.S.C. 1367 VAWA Compliance and Avoiding Harm to Abused Spouses and Children in I-130 Family Based Visa Petition Cases and I-485 Family Based Adjustments (November 28, 2022) (+)
This memo proposes steps USCIS can take to fill gaps in VAWA confidentiality implementation in the context of Family based visa petition adjudications (I-130) and adjudication of lawful permanent resident applications (I-485) filed on behalf of noncitizen spouses. The goal is to ensure that USCIS adjudicators do not rely upon information provided by a U.S. citizen or lawful permanent resident spouse who is a perpetrator of domestic violence, battering or extreme cruelty to deny a noncitizen spouse’s application, particularly on the grounds of marriage fraud when the “evidence” of marriage fraud comes from the perpetrator. This type of outcome is exactly what Congress sought to avoid with VAWA confidentiality protections.
[pdf] DRAFT Standard Operating Procedures Directive Applicable to All ICE, CBP and OPLA Officials who Encounter Victims of Crime or Abuse, VAWA Confidentiality Protected Persons, and/or Victims, Witnesses or Parties in Legal Proceedings (February 28, 2022) (+)
Draft Standard Operating Procedures Directive for ICE, CBP and OPLA developed and submitted to Secretary Alejandro Mayorkas by Leslye E. Orloff on February 28, 2022. Developed with the assistance of Rafaela Rodrigues.
[pdf] Extending VAWA Confidentiality and 384 Protections to Special Immigrant Juvenile Status Eligible Immigrant Children (January 31, 2023) (+)
This memo submitted to the Council on Combatting Gender-Based Violence at DHS on January 31, 2023 discusses why SIJS children should receive the same VAWA confidentiality protections as all other immigrant survivors protected under the Violence Against Women Act (VAWA) and the Trafficking Victims Protection Act (TVPA).
[pdf] Faculty Bios Peer-to-Peer Forum (February 7, 2023) (+)
[pdf] NJN Peer-to-Peer Forum PowerPoint Presentation (February 7, 2023) (+)
[pdf] Vicarious Trauma Webinar PowerPoint Presentation (January 31, 2023) (+)
[pdf] How to Argue or Rule on VAWA Confidentiality Protections in Discovery Involving Immigrant Survivors (November 18, 2022) (+)
Step-by-step guide for attorneys and judges on VAWA confidentiality and discovery with links to resources, tools, case law, Amicus Briefs, and sample bench briefs and motions.
[pdf] Abogacía- Tema Violencia Contra la Mujer – PowerPoint Lideres Campesinas Training July 12, 2022 (+)
[pdf] Rural TA Grantees Orientation PowerPoint Presentation (January 18, 2023) (+)
[pdf] NJN Peer-to-Peer Session PowerPoint Presentation (December 8, 2022) (+)
[pdf] LAV ORIENTATION 2022 (+)
Legal options for immigrant survivors of domestic and sexual violence: How NIWAP’s and ASISTA’s Technical Assistance Can Support Your Work
[pdf] New Mexico DV Commissioner/Hearing Officer Seminar: Special Issues in Family/Children’s Court for Cases Involving Immigrants PowerPoint Presentation (November 4, 2022) (+)
[pdf] NDAA Seeking Justice and Safety for Undocumented Victims & Their Families Workshop PowerPoint Presentation (October 25, 2022) (+)
[pdf] What Judges, Attorneys, and Prosecutors Need to Know About How VAWA Confidentiality Impacts Discovery In Cases Involving Immigrant Survivors (October 14, 2022) (+)
Violence Against Women Act (VAWA) confidentiality offers federal immigration law protections enacted to prevent perpetrators from learning about, interfering with, and obtaining information contained in survivors’ victim-based applications for immigration relief (VAWA, Battered Spouse Waiver, U and T visa cases). The faculty (judge, former prosecutor, family lawyer) will discuss how courts, prosecutors and attorneys should […]
[pdf] Minnesota Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (September 6, 2022) (+)
Minnesota – This public benefits screening chart helps immigrants, refugees, judges, victim advocates and attorneys quickly understand which state and federal public benefits an immigrant or refugee qualifies for in each state. Eligibility varies by state, by immigration or refugee status, and by benefits program. This tool is designed by be used together with NIWAP’s public benefits maps and state public benefits detailed charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
[pdf] Access to State-Funded Public Benefits in Minnesota for Survivors (May 6, 2019 last updated September 6, 2022) (+)
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
[pdf] Earning Capacity – Family Law COP 8.31.22 (+)
Community of Practice for Family Law Attorneys: Proving Earning Capacity 8/31/22