[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] 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] 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] 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] 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] 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] 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] 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] 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] 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] 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] 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, Updated January 18, 2025) (+)

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] 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] 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] 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] 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.

[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] Access State-Funded Public Benefits in Michigan for Survivors (May 15, 2019, Updated January 8, 2025) (+)

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 January 8, 2025) (+)

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] Maryland Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (last updated January 18, 2025) (+)

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 (May 15, 2019, updated January 18, 2025) (+)

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 January 18, 2025) (+)

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 January 8, 2025) (+)

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 January 8, 2025) (+)

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 January 2, 2025) (+)

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 January 2, 2025) (+)

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] 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 July 24, 2024) (+)

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.