Publisher: * NIWAP

[pdf] State-Funded Public Benefits Comparison Chart (June 29, 2022, updated July 7, 2022) (+)

This chart compares state-funded public benefits across states. The chart reports on state funded TANF, medical assistance, food stamps and driver’s licenses. This chart can be used together with NIWAP state by state benefits charts to look up the full legal citations that support immigrant crime victim eligibility in your state and neighboring states. To identify and compare the statutory and regulatory language used in any of the state statutes cited in this chart go to the NIWAP webpage that contains links to all state public benefits charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts

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[pdf] Department of Homeland Security (DHS) Immigration Policies Released in 2021 and 2022 That Are Important for Immigrant Survivors (May 17, 2022) (+)

This document contains a list of policies issued by the U.S. Department of Homeland Security that are important to and impact cases of immigrant survivors of crime and abuse that enhance both protections from deportation for survivors and access to immigration relief under the following programs: VAWA self-petitions, U visas, T visas, Special Immigrant Juvenile Status, Battered Spouse Waivers and INA Section 106 Work Authorization for Abused Spouses of A, E(3), G and H visa holders. The link to each policy is followed by a description of the policy and how it is helpful to immigrant survivors.

Published May 17, 2022 by

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[pdf] Alabama Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (updated September 5, 2022) (+)

Alabama – 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

Published April 3, 2022 by

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[pdf] Access to State-Funded Public Benefits in Texas for Survivors (April 19, 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.

Published February 10, 2022 by

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[pdf] Bench Card: Overview of Types of Immigration Status (April 21, 2022) (+)

This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.

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[pdf] New York Public Benefits Screening Chart for Immigrant Survivors and Refugees by Forms of Immigration Relief (updated September 5, 2022) (+)

New York – 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

Published April 10, 2022 by

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[pdf] NNEDV Part I Transitional Housing and Other Services Necessary to Protect Life and Safety PowerPoint Presentation (+)

maintaining safe and affordable housing. Although immigrant survivors are legally eligible to access a wide range of programs and services that are necessary to protect life and safety without regard to their immigration status, many face difficulties accessing these essential services, including transitional housing.  This webinar will be the first in a three part webinar […]

Published March 31, 2022 by

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[pdf] Alaska Public Benefits Screening Chart (March 29, 2022) (+)

Alaska – 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

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[pdf] Georgia Public Benefits Screening Chart (March 24, 2022, last updated September 5 ,2022) (+)

Georgia – 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

Published March 24, 2022 by

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[pdf] Kentucky Public Benefits Screening Chart (updated September 5, 2022) (+)

Kentucky – 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

Published February 25, 2022 by

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[pdf] Access to State-Funded Public Benefits in Kentucky 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.

Published February 26, 2018 by

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[pdf] NIWAP, Comments on USCIS VAWA Self-Petitioning Policy Manual Chapters (March 9, 2022) (+)

NIWAP’s comment provide legislative history and social science evidence based research to support USCIS’s formal implementation in the VAWA self-petitioning chapters of the USCIS Policy Manual of virtually all of the VAWA statutory reforms that were included in VAWA 2000, VAWA 2005 and VAWA 2013 that became law after the VAWA self-petitioning regulations were issued in 1996. The first section of these comments discusses these issued. In reviewing the policy manual we also identified a few areas in which the policy manual does not implement or does not fully implement VAWA statutes and in one case imposes a policy that is inconsistent with VAWA’s goals, legislative history, and the reasoning of the 7th Circuit Court of Appeals. The areas of improvement NIWAP suggests in these comment focus largely on four important issues for which we seek improvements in the Policy Manual’s approach:
— We appreciate that USCIS adopted the 7th Circuit’s opinion in Arguijo and has applied it nationally ensuring that divorce will not cut of abused stepchildren from VAWA self-petitioning and NIWAP requests and provides the legal and social science support for treating abused stepchildren whose biological parent dies identically instead of forcing abused stepchildren to maintain an ongoing relationship with their abusive stepparent after the death of their biological parent in order to self-petition;
— We propose policy manual revisions that do not treat crimes committed by victims related to the battering or extreme cruelty they suffered as aggravated felonies barring them permanently from self-petitioning and forcing them into the U visa backlog as their only immigration option. This approach cuts victims off from the domestic violence victim waiver that Congress created to help victims with convictions from pleas they took in domestic violence criminal cases where they had acted in self-defense or when they stole baby food when fleeing their abuser and ended up with a one year suspended sentence for the theft which is an aggravated felony under U.S. immigration laws;
–Remarriage: Congress in VAWA 2000 revised VAWA statutes and explained in legislative history that their intent to ensure that remarriage of VAWA self-petitioners would not impact a filed self-petition reflecting an understanding of how remarriage to a non-abusive partner can help victims heal and can play a role in improving victim safety; and
–Naturalization: In VAWA 2000 Congress amended the naturalization statute to allow spouses of U.S. citizens who are battered or subjected to extreme cruelty by their citizen spouse to not have to remain living in an abusive home and remain married to their abused to be able to naturalize in 3 years as opposed to 5 years. This provision was meant to help any abused spouse of a U.S. citizen whether the abuser filed a family-based visa petition or whether the victim filed a self-petition. Implementing policies limited these protections to VAWA self-petitioners, VAWA cancellation and Battered Spouse Waiver applicants, leaving out VAWA suspension of deportation victims and all other battered spouses of U.S. citizens.

Published March 9, 2022 by

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[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Immigration Status: Work Authorization, Public Benefits, and Ability to Sponsor Children (December 30, 2021) (+)

This chart allows judges, lawyers and victim advocates to identify which immigrants are able to sponsor their children to attain legal immigration status in the U.S., if and when an immigrant has or will have access to work authorization, whether and when immigrants gain access to state and federal public benefits, the effect of divorce on immigration status and whether the immigrant controls their own immigration case or if they immigration case requires that the immigrant’s application for immigration relief requires a sponsor. This chart provides general answers to these questions, by the form of immigration status a noncitizen has or is pursuing and will help state courts, victim advocates and family lawyers quickly access legally correct information about how immigration laws may or may not impact parties in state family court cases. This chart also provides useful comparisons for immigration lawyers.

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[pdf] U Visa Certification and T visa Declaration Toolkit for Federal, State and Local Judges, Commissioners, Magistrates and Other Judicial Officers (June 17, 2021) (+)

This helpful, informative U visa certification tool kit for judges and magistrates covers materials on topics such as: what is the role of judges in U visa certification, U visa quick references for judges, U visa certification introduction, U visa application flow chart, judges and the U visa certification requirement, U visa statutory and regulatory background, frequently asked questions, redacted I-918 supplement B (U nonimmigrant status certification), form I-918 supplement B (sample judges’ certification), sample information flyer for victims, resource list, sample memorandum in support of a motion for U visa certification, sample declaration for a motion for certification, glossary of terms, and collection of U visa news articles.

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[pdf] Access to State-Funded Public Benefits in Alabama for Survivors (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.

Published February 11, 2022 by

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[pdf] Texas Public Benefits Screening Chart for Refugees and Immigrant Survivors by Forms of Immigration Relief (updated September 5, 2022) (+)

Texas – 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

Published February 10, 2022 by

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[pdf] Access to State-Funded Public Benefits in New Jersey 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.

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[pdf] Bench Card on Immigrant Crime Victim’s and Immigrant Children’s Access to Public Benefits and Services (December 31, 2021) (+)

This bench card provides an outline for judges of the publicly funded state and federal public benefits and services that are open to all immigrants without regard to immigration status. The bench card then describes at what points in an immigrant victim, child or other litigant’s immigration case process they gain again access to a broader range of state and federal public benefits including subsidized health care, food stamps, TANF, housing, post-secondary educational grants and loans and a wide range of other benefits. Having a list of which immigrant qualify for which benefits and services will help judges craft court orders in cases involving immigrnat children, crime victims and their families.

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[pdf] Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS (December 29, 2021) (+)

The public benefits flow charts pertain to VAWA self-petition and cancellation, U-Visas, T-Visas, and Special Juvenile Immigrant Status (SIJS). Specifically, the charts explain access to federal and state public benefits for battered immigrant spouses and children of U.S. citizens or lawful permanent residents, victims of human trafficking, U-Visa victims, and SIJS victims.

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[pdf] Bench Card on Immigration Relief for Battered Spouses, Children, and Immigrant Crime Victims (December 31, 2021) (+)

This bench card provides an overview of immigraiton options for immigrant victims of domestic violence, child abuse, sexual assault, human trafficking, stalking and other crimes. It covers VAWA, battered spouse waiver, Special Immigrant Juvenile Status, U and T visas, continued presence and work authorization for abused spouses of visa holders. For each it provides an overview or eligibility and how each form of immigration relief helps victims.

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[pdf] Bench Card: U-Visa Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)

This benchcard discusses the eligibility requirements to qualify for a U-Visa, the application procedure for U-Visas, and possible benefits for which approved U-Visa applicants may be eligible.

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[pdf] SIJS Benefits Eligibility Benchcard (July 2022) (+)

This Benchcard discusses the qualifications for Special Immigrant Juvenile (SIJ) status, how to apply for and obtain SIJ status, qualifications for SIJ status, and how to receive benefits after receiving SIJ status. It also outlines the federal and state public benefits and other government-funded programs available to SIJ children as well as the eligibility period.

Published July 14, 2022 by

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[pdf] Improving Access to Justice for Immigrant Crime Victims and Children: Effects of and Needs for Judicial Training and Peer Support (December 30, 2021) (+)

From 2017 through 2019 NIWAP ran the Judicial Training Network, a training project led by a national faculty of six judges (CA, DE, IL MO, TX, WI). Five states participated in the JTN in which teams of state court judges working with state judicial education staff partners ran the project in each state the offered a series of in-person and on-line trainings on a range of legal issues that arise in cases involving immigrant crime victims and immigrant children. In each of the six participating state (FL, LA, MI, MO, MS, NM). NIWAP and the national faculty also provided on call technical assistance to the state team judges who developed expertise in serving immigrant crime victims and children through the project. After the grant funding for the JTN ended we interviewed a sample of the judicial participants in the project to learn about their impressions of the JTN and about their future training and technical assistance needs. This report makes findings about the effectiveness of this training effort and provides insights into training, support, and technical assistance needs for the future. The insights gained in this report will be helpful to the participating states, and also to the National Judicial Network (NJN) that NIWAP is currently co-leading with the National Council of Juvenile and Family Court Judges. The NJN is a national peer to peer training project involving over 130 judges and Tribal judges from across the country. NJN members are judges interested in human trafficking and issues affecting immigrant victims of crime and abuse whom judges encounter as they hear cases across the country. Judges and judicial officers of all types are invited to join the NJN. To learn more and register follow this link. https://niwaplibrary.wcl.american.edu/pubs/njn-outreach-flyer

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[pdf] Appendix IX – Multi-State Overview: Forced Labor, Involuntary Servitude, Slavery and Peonage Definitions (December 31, 2021) (+)

Georgiana Grozescu, Rafaela Rodrigues, and Leslye E. Orloff, Appendix IX, Multi-State Overview – Forced Labor, Involuntary Servitude, Slavery and Peonage Definitions (December 31, 2021)
This appendix catalogues states laws of forced labor, involuntary servitude, slavery and peonage across the country. The definition of forced labor adopt by DOL may include crimes such as involuntary servitude, slavery and peonage as potential U visa qualifying criminal activity. This chart provides state and federal labor enforcement agencies, state prosecutors, law enforcement officials, and other certifiers easy access to forced labor laws of each U.S. jurisdiction. This chart will assist federal labor law enforcement agencies in identifying U visa criminal activities that they detect as part of their forced labor investigations, which can also serve as a direct statutorily listed basis for U visa certification.

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[pdf] What Shelter and Rental Housing Assistance Are Available to Immigrant Survivors During COVID-19? (September 2021) (+)

This document contains frequently asked questions regarding immigrant survivors legal rights to access to shelter and transitional housing. The article describes which immigrant survivors (e.g., VAWA self-petitioners, human trafficking victims and lawful permanent residents) are also eligible to access a range of affordable housing options. Additionally the article discusses immigrant survivor’s legal options with regard to COVID-19 emergency housing assistance programs, Emergency Rental Assistance, and Emergency Housing Vouchers.

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[pdf] U Visa Certifications, T visa Declarations, and Continued Presence: Range of Potential Certifiers at the Local, State, and Federal Government Levels (December 30, 2021) (+)

This publication explores the range of potential certifiers whom judges should be aware of who can sign U visa and T visa certification in the court’s jurisdiction with whom the court can play a leadership role in encouraging certification by all authorized agencies. This helps attorneys and advocates working with immigrant victims identify the full range of authorized certifiers in any particular case to whom they can turn for certification. This document connects readers to training manuals for judges, law enforcement, prosecutors and Adult Protective Services agency staff that provide an overview of the U and T visa programs and detailed questions and answers for certifying agencies, and for judges who want to learn more about U and T visa certification. Additionally, this publication describes the availability of continued presence as an important option for immigrant victims of human trafficking offering protection soon after a trafficking victim has been identified that is available to human trafficking victims who could be potential witnesses in trafficking investigations or prosecutions. This document provides links to DHS publications on these subjects.

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[pdf] Tip Sheet for Courts Developing U Visa Certification Protocols (December 30, 2021) (+)

This tool provides legally correct information on the U and T visa programs and on Continued Presence. It helps courts developing U visa certification and T visa declarations protocols, policies and practices base the policies being developed on up to date legally accurate information on the U and T visa programs and certification. The document also provides links to model and sample U and T visa certification polices and protocols that courts can rely upon adapt when developing court policies.

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[pdf] Appendix VIII – States with Peonage Mentioned in Other Statutes (December 29, 2021) (+)

Peonage laws vary from state to state. This chart catalogs state statutes that mention peonage and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s statute mentioning peonage. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes mentioning peonage. This chart will also assist attorneys and advocates working with peonage victims in identifying a more complete list of U visa qualifying criminal activities that peonage victims may also have suffered.

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[pdf] Appendix VII – States with Peonage Statutes (December 29, 2021) (+)

Peonage laws vary from state to state. This chart catalogs state statutes on peonage and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s peonage statute. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes on peonage. This chart will also assist attorneys and advocates working with peonage victims in identifying a more complete list of U visa qualifying criminal activities that peonage victims may also have suffered.

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[pdf] Appendix VI – States with Involuntary Servitude and Slavery (Slave Trade) in the State Constitution and in Statute (December 29, 2021) (+)

Involuntary servitude and slave trade laws vary from state to state. This chart catalogs states that have involuntary servitude and slave trade in the state constitution and in state statute and identifies potential U visa qualifying criminal activity that can fall within the relevant elements of the state’s constitution and statutes. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state constitutions and criminal statutes on involuntary servitude and slave trade. This chart will also assist attorneys and advocates working with involuntary servitude and slave trade victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude and slave trade victims may also have suffered.

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[pdf] Appendix V – States with Involuntary Servitude Mentioned in Other Statutes (December 29, 2021) (+)

Involuntary servitude laws vary from state to state. This chart catalogs state statutes that mention involuntary servitude and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s statute mentioning involuntary servitude. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes mentioning involuntary servitude, and assist attorneys and advocates working with involuntary servitude victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude victims may also have suffered.

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[pdf] Appendix IV – States with Involuntary Servitude Statutes (December 29, 2021) (+)

Involuntary servitude laws vary from state to state. This chart catalogs state statutes on involuntary servitude and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s involuntary servitude statute. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities, and assist attorneys and advocates working with involuntary servitude victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude victims may also have suffered.

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[pdf] Comparison Chart of U visa, T Visa, Violence Against Women Act (VAWA) Self-Petition, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA) (December 30, 2021) (+)

A chart comparing the eligibility, process, and benefits of U Visas, T Visas, VAWA Self-Petition, Special Immigrant Juvenile Status (SJIS), and Deferred Action for Childhood Arrivals (DACA). Written by Krisztina Szabo, Spencer Cantrell, and Leslye Orloff.

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[pdf] Bench Card: Impact of Divorce on Immigration Status (December 28, 2021) (+)

This bench card provides information for state court judges on whether and how divorce
may alter the ability of immigrant spouses, children and stepchildren to gain or maintain a legal
immigration status in the United States, including an immigration visa, lawful permanent
residency or naturalization. An immigration visa2 is specifically one that allows the immigrant
to live and work in the United States.

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[pdf] DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda Information for State Court Judges (December 27, 2021) (+)

The purpose of this bench card is to inform courts about DHS protections available to all immigrants who are litigants, crime victims, children or witness in court proceedings from immigration enforcement at courthouses. The bench card provides an overview of the forms of immigration relief created for immigrant survivors of crime and/or abuse, outlines DHS enforcement priorities, discusses how prosecutorial discretion will be exercised, describes which parents, children, family members, guardians, and other litigants will and will not likely be subject to immigration enforcement, discusses policies governing enforcement of civil immigration laws at courthouses, and presents information locations protected from immigration enforcement that will be useful to state court judges drafting visitation exchange, protection orders, criminal case bond orders and range other court orders.

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[pdf] Three Prongs of VAWA Confidentiality (December 15, 2021) (+)

A brochure summarizing the three prongs of VAWA confidentiality (Disclosure Limitations, Source Limitations, & Enforcement Limitations) for advocates and attorneys, including information on best practices and complaint instructions.

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[pdf] Child Custody and Immigration Related Abuse: Myths and Best Practices (Dec. 13, 2021) (+)

Webinar Description: Parents have a constitutional right to care and custody of their children regardless of the parent’s or the child’s immigration status. Despite this, perpetrators of domestic and sexual violence against immigrant victims with whom they have children in common frequently raise immigration status-related issues and provide courts with legally incorrect information to gain […]

Published Dec. 13, 2021 by

[pdf] Birru v. Wilkinson 9th Circuit Court of Appeals (January 22, 2021) (+)

Aylaliya Assefa Birru v. Barr (January 11 2021) 9th Circuit Court of Appeals. NIWAP, represented by
Baker McKenzie, is lead amicus in a brief on behalf of an immigrant domestic
violence victim who is seeking relief under the Violence Against Women Act’s domestic violence victim
waiver in her VAWA cancellation of removal case. The Board of Immigration Appeals and the
immigration judge denied her the ability to present evidence of waiver eligibility.

Published January 22, 2021 by

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[pdf] Family Court Bench Card on Issues that Arise in Custody Cases Involving Immigrant Parents, Children, and Crime Victims (October 13, 2013, Updated November 30, 2021) (+)

A quick reference for judges on issues that arise in custody cases involving immigrant parents, children, and crime victims. Discussing constitution protections for the parent child relationship applying to cases involving immigrant parents and their children without regard to immigration status, detention or deportation. Explaining which parents, children, litigants, witnesses are under current immigration laws likely to be removed from the U.S. and which although undocumented are not at risk of removal. Highlighting common myths about immigration law and providing legally correct information for courts to apply in making rulings when a party raises the immigration status of another party of child in state court custody proceedings.

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[pdf] Immigrant Survivors and Their Children Assisting Survivors With Immigration Case Filings and Addressing Issues That Arise in Family Court Cases (+)

Description of the information that will be provided on the December 8, 2021 training, “Immigrant Survivors and Their Children: Assisting Survivors With Immigration Case Filings and Addressing Issues that Arise in Family Court Cases.”

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[pdf] Enhancing Safety Planning and Immingrant Survivors’ Access to Immigration Relief and Public Benefits and Services in the West Virginia (+)

This document is the description for the information that will be provided on the November 10, 2021 webinar “Victim Advocates and Attorneys Working With Immigrant Survivors: Immigration Relief, Trauma-Informed Approach, and Public Benefits”

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[pdf] Comparison Between the Battered Spouse Waiver and VAWA Self Petitioning Cases for Abused Immigrant Spouses (February 6, 2017) (+)

Comparison tool for attorneys and victim advocates to assist with comparing the Battered Spouse Waiver and the VAWA Self-Petition, two forms of immigration relief that help immigrant spouses who have been battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent resident spouse.

Published February 6, 2017 by

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[pdf] Annotated Section 214 of the Housing Act: 42 U.S. Code § 1436a – Restriction on Use of Public and Assisted Housing By Immigrants (October 31, 2021) (+)

Section 214 of the Housing Act with annotations describing each form of immigration relief or immigration status that applicants may have who are eligible to qualify for housing assistance under this section. Programs include public and assisted housing and this document describes how immigrant victims who have filed or gained immigration statute through a VAWA self-petition, battered spouse waiver, or T visa qualify for housing programs that impose immigrant restrictions under section 201 of the Housing Act.

Published October 31, 2021 by

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[pdf] Department of Homeland Security Organizational Chart – Crime Victim Cases (April 16, 2019) (+)

This document is the organizational chart for the U.S. Department of Homeland Security (DHS) with explanations and highlights detailing the components (divisions) within DHS responsible for adjudicating immigration applications filed by immigrant crime victims; developing DHS regulations, policies and internal training materials that implement federal laws protecting and providing immigration relief to crime victims; enforcing Violence Against Women Act Confidentiality laws; and enforcing immigration laws generally. The amendments to this document were made by NIWAP, American University, Washington College of Law.

Published April 16, 2019 by

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[pdf] Annotated Section 214 of the Housing Act: 42 U.S. Code § 1436a – Restriction on Use of Public and Assisted Housing By Immigrants (October 31, 2021) (+)

This document provides annotations and detailed descriptions for each of the forms of categories of immigrants listed in Section 214 of the Housing and Community Development Act of 1980 who are exempt from immigrant restrictions on housing programs covered by Section 214. Eligible immigrants include: lawful permanent residents, VAWA self-petitioners, VAWA cancellation of removal and VAWA suspension of deportation applicants, T visa recipients and certain T visa applicants, human trafficking victims granted continued presence, refugees, asylees, and certain other immigrants.

Published October 31, 2021 by

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[pdf] Moving Battered Spouse Waiver Adjudications to the VAWA Unit: A Call for Consistency and Safety National Survey Findings Highlights (October 18, 2021) (+)

Study research report documenting the case processing inconsistencies in adjudication by USCIS of Battered Spouse Waiver Cases. The report includes the legislative history of the battered spouse waiver protections that predated the VAWA self-petition, charts comparing the VAWA self-petition and the battered spouse waiver, and illustrative stores and research data illustrating how the regional and district office adjudications of battered spouse waiver cases do not comply with VAWA’s any credible evidence rules and in some cases lead to violations of VAWA confidentiality.

Published October 18, 2021 by

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[pdf] Child Custody Newsletter (October 27. 2021) (+)

This newsletter includes information on the legal rights of immigrant parents in state court custody proceedings and the common misconceptions surrounding immigration status and child custody. It includes a 2021 update that links to documents that track how state court judges need to be aware of legally correct information on which immigrants are are not likely to be removed based on immigration enforcement priority policies issued by the US Department of Homeland Security.

Published October 27, 2021 by

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