Publisher: * NIWAP
[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] Family Law Protections Materials (last updated March 20, 2023) (+)
This is an inclusive list of all NIWAP’s training tools and resources related to family law. It also includes a link to subscribe for NIWAP’s newsletter and to access NIWAP’s web library and for state family law judges it contains a link to subscribe to the National Judicial Network.
[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] South Carolina Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (September 6, 2022) (+)
South Carolina – 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] North Dakota Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (September 6, 2022) (+)
North Dakota – 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] New Jersey Public Benefits Screening Chart (September 6, 2022) (+)
New jersey – 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 Nevada for Survivors (May 15, 2019, 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] Nevada Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (September 6, 2022) (+)
Nevada – 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] Missouri Public Benefits Screening Chart (September 6, 2022) (+)
Missouri – 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] 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] Illinois Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (September 6, 2022) (+)
Illinois – 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 Hawaii for Survivors (May 15, 2019, 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] Hawaii Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (September 6, 2022) (+)
Hawaii – 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] Earning Capacity – Family Law COP 8.31.22 (+)
Community of Practice for Family Law Attorneys: Proving Earning Capacity 8/31/22
[pdf] Appendix D2 – USCIS SIJS Policy Manual Full – Vol 7 (October 7, 2022) (+)
This Appendix is a USCIS policy manual on the adjustment of status in Special Immigrant Juvenile cases. It explains the purpose and background and eligibility requirements. If further discusses adjudication the documentation and evidence.
This publication was developed under grant number SJI-20-E-005 from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.
[pdf] SIJS Webinar PowerPoint Presentation (October 4, 2022) (+)
[pdf] Special Immigrant Juvenile Status Regulations 1993, 2009, 2011, and 2022 (October 3, 2022) (+)
This document compares and contrasts the original 1993 rule on Special Immigrant Juvenile
Status, a 2009 amendment to this rule, the 2011 proposed rule on Special Immigrant Juvenile
Status, and the subsequently adopted 2022 rule that went into effect on March 8, 2022. The 2022
rule significantly amended prior versions of the rule, including the 2011 proposed rule. This
document will help readers understand the 2022 rule amendments and which portions of the
1993 and 2009 versions of the rule remain intact, as well as which portions of the 2011 proposed
rule remained in the final rule.
[pdf] Abogacía Tema Violencia (+)
Entrenamiento de Abogacía (9.27.22)
[pdf] Question and Answer for Naturalization Webinar 9.27.22 (+)
Q & A Follow Up on Naturalization Webinar (9/23/22) – Family Law Community of Practice 9/27/22
[pptx] Slides Final Lebanon NH Powerpoint (+)
Virtual Training for Lebanon, NH. Law Enforcement Best Practices: Responding to, Investigating and Prosecuting Cases of Noncitizen Victims of Domestic and Sexual – September 27, 2022
[pdf] Final Red Flags Naturalization (+)
[pdf] Naturalization of VAWA, SIJS, U and T Visa Recipient Survivors PowerPoint Presentation (September 23, 2022) (+)
[pdf] Access State-Funded Public Benefits in Michigan for Survivors (May 15, 2019, Updated September 3, 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] Michigan Public Benefits Screening Chart (Updated September 5, 2022) (+)
Michigan – 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 State-Funded Public Benefits in Massachusetts for Survivors (May 15, 2019, updated September 3, 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] Massachusetts Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (last updated September 5, 2022) (+)
Massachusetts – 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 Maryland for Survivors (May 15, 2019, updated September 3, 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] Maryland Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (last updated September 5, 2022) (+)
Maryland – 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 Maine for Survivors (February 14, 2022, updated September 3, 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] Maine Public Benefits Screening Chart (Last Updated September 5, 2022) (+)
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] Washington Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (updated September 5, 2022) (+)
Washington – 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 Washington for Survivors (May 22, 2019, updated September 4, 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] Louisiana Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (updated September 5, 2022) (+)
Louisiana – 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 Louisiana for Survivors (May 12, 2021, updated September 3, 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] Oklahoma Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (last updated September 5, 2022) (+)
Oklahoma – 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 Oklahoma for Survivors (May 16, 2019, updated September 4, 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] Access to State-Funded Public Benefits in Colorado for Survivors (Updated September 5, 2022) (+)
Colorado – 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 Colorado for Survivors (May 14, 2019, updated September 3, 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] California Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (updated September 3, 2022) (+)
California – 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 California for Survivors (updated September 5, 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] Access to State-Funded Public Benefits in Missouri for Survivors (May 15, 2019, updated September 4, 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] NCADV-8.30.22-PDF-1 (+)
NCADV: Safety Net Benefits for Immigrant Survivors August 30, 2022
[pdf] In Re Guardianship of Saul H. California Supreme Court Ruling Summary (August 18, 2022) (+)
This document provides and overview for state court judges issuing Special Immigrant Juvenile Predicate Orders of the California Supreme Court ruling on August 15, 2022, in In re Guardianship of Saul H. The Court overturned 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, but on 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. The training tool for state court judges and lawyers summarizes the California Supreme Courts ruling.
[pdf] Access to State-Funded Public Benefits in the U.S. Virgin Islands for Survivors (May 21, 2019, updated September 4, 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] Wyoming Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (updated September 5, 2022) (+)
Wyoming – 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] DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda Information for State Court Judges (December 27, 2021) (+)
This Bench Card helps courts understand the laws that protect immigrant crime victims from immigration enforcement activities, DHS immigration enforcement priorities and limitations placed by federal statute and by Department of Homeland Security policies on immigration enforcement at courthouses. Additionally, understanding which locations DHS considers sensitive locations will help courts craft orders that help children and families. This bench card provides courts access to legally correct information about immigration law that courts can apply when they are called upon to adjudicate cases in which a party has raised an immigration issue in state court.
This bench card has been updated to reflect the Department of Homeland Security Enforcement Priorities that require a cases by case consideration of the totality of the circumstances and mitigating factors that include crime victimization, being a caregiver of children, incapacitated adults, and/or elder parents, as well as other factors including length of time in the U.S., and education in the U.S. There are three enforcement priorities: risk to national security/terrorism, unlawful entry into the U.S. after November 1, 2020, and current threat to public safety typically because of serious criminal conduct. The later two enforcement priorities requires an assessment of mitigating factors and the totality of the facts and circumstances.
[pdf] NNEDV PowerPoint Presentation Part III: Tips and Tools for Helping Immigrant Survivors Access Public Benefits They Are Legally Eligible to Receive (+)
Powerpoint for part 3 of NNEDV and NIWAP Webinar series, Serving Immigrant Survivors Best Practices. By the end of this webinar you will be better able to: Identify the full range of benefits for which immigrant survivors and their children are eligible in your state. Use NIWAP’s public benefits maps, charts, and tools to screen for eligibility and locate/download laws
and policies you need to advocate for eligible survivors. Accompany immigrant survivors applying for benefits they and/or their children qualify for.
[pdf] Beneficios publícos para inmigrantes del estado de California (Feb. 21, 2020) (+)
[pdf] Serving Immigrant Survivors Part II – Immigration Relief and Implications for Access to Public and Assisted Housing (May 26, 2022) (+)
Part II of a webinar series sponsored by NNEDV for transitional housing grantees. This part discusses access to public and assisted housing for immigrant survivors of domestic violence and sexual assault, particularly victims who are VAWA self-petitioners and T visa applicants/recipients.
[pdf] Language Access, Trauma Informed Equitable Services, and Title VI Compliance (May16, 2022) (+)
Webinar for RAINN presented by API-GBV and NIWAP for sexual assault victim advocacy programs.
[pdf] June 28, 2022, Understanding the Intent and Purpose of the U Visa (Victim Advocate COP) (+)
Victim advocate community of practice.
[pptx] Identifying and Supporting Immigrant Survivors Eligible for VAWA Self-Petition (November 4, 2021) (+)
Victim advocate Community of Practice.
[pdf] February 24, 2022, Screening and Assisting Non Citizen Survivors Applying for the VAWA Self-Petition (Family Law COP) (+)
Victim advocate community of practice.
[pptx] VAWA Self-Petition: Filing the Application 101 (April 27, 2022) (+)
Victim advocate community of practice.
[pdf] Demystifying the U Visa: A Conversation About Myths and Realities – Part I (December 9, 2021) (+)
Roundtable discussion.
[pdf] February 24, 2022, Civil Protection Orders for Non Citizen Survivors: What do Judges, Attorneys and Advocates Need to Know (Family Law COP) (+)
Family law community of practice convening discussing protection orders for immigrant victims of domestic and sexual violence.
[pdf] Policy Advocacy Cycle (2012) (+)
Overview of how laws, regulations and policies and made, implemented and used to help immigrant victims based on advocacy that led to the creation of the VAWA self-petition, the U visa, and the T visa and legal services access for abused immigrants.
[pdf] NJN Peer-to-Peer Forum PowerPoint Presentation (February 1, 2022) (+)
[pdf] Katherine Kaufka Walts, Child Labor Trafficking in the United States: A Hidden Crime (2017) (+)
[pdf] Child Labor Trafficking PowerPoint Presentation (May 3, 2022) (+)
[pdf] Bench Card: Special Immigrant Juvenile Status (SIJS) Immigration and Public Benefits Eligibility Process (July 13, 2022) (+)
Bench card outlining SIJS applicant and recipient children’s ability to access federal and state public benefits.
[pdf] SPARC Judicial Officer Bench Card: Stalking (July 5, 2022) (+)
This bench card for state court judges developed by SPARC and NIWAP is designed to be used in conjunction with the Judicial Officer Guide for Responding to Stalking. This Bench Card covers: considering and identifying staking, assessing stalking, stalking tactics, establishing fear, risk factors, and best practices for court orders and findings including protection orders and bail conditions.
[pdf] SPARC Judicial Officer Guide: Responding to Stalking (July 5, 2022) (+)
This judicial officer guide developed by SPARC and NIWAP is designed to help state court judges identify, understand and assess the risks of stalking and stalking behaviors courts see evidence of in the family, civil and criminal cases over which judges preside. This resource discusses co-occurring and interconnected crimes and recommends how judges can document and make findings about stalking and coercive control in state court orders. This guide includes useful charts and tables including a comparison of stalking, coercive control, and battering or extreme cruelty (the immigration law definition of domestic violence). This resource is designed to be used together with the Judicial Officer Bench Card: Stalking.
[pdf] Rhode Island Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (last updated September 5, 2022) (+)
Rhode Island – 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