Publisher: * NIWAP

[pdf] When Family and Immigration Laws Intersect: Case Law and Department of Homeland Security Policy Update (September 30, 2021) (+)

This article looks at case law on custody and immigrant parents and the history and current U.S. Department of Homeland Security policies that confirm that in the vast majority of cases immigration status should not be a factor at all and in the limited cases when consideration may be appropriate not a determinative factor in child custody proceedings.. This article builds upon the articles published in 2013 and 2017 “Custody of Children in Mixed-Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings” and “Winning Custody Cases for Immigrant Survivors: the Clash of Laws, Cultures, Custody and Parental Rights” (2017).

Published September 30, 2021 by

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[pdf] List of Supporting Documents For Training- Housing Rights for Immigrant Survivors (September 23, 2021) (+)

Information packet on housing options for immigrant survivors of domestic violence, sexual assault, stalking, dating violence and human trafficking. The information covers access to shelter, transitional housing, public and assisted housing, pandemic related housing funding, and other public benefits immigrant survivors are eligible to receive.

Published September 23, 2021 by ,

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[pdf] U visa Certification and T visa Declaration Toolkit for Law Enforcement Agencies and Prosecutors (August 30, 2021) (+)

By providing U‐visa certifications and T visa declarations law enforcement and prosecution officials add to their arsenal of crime fighting tools when immigrant victims feel safer coming forward to report crimes. This document provides the following background information on the U‐visa and T visa programs: an overview of the U‐visa and T visa; Quick Reference guides on the U and T visas, Statutory and Regulatory Background on U and T visas, Flow Charts, Protections for Family Members, Frequently Asked Questions, Timelines, Sample forms, Model policies, Screening tools, DHS brochures and infographics, and links to resource materials and news articles on U and T visa certification.

Published August 30, 2021 by

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[pdf] Stories From the Field: The Crime Fighting Effectiveness of the U Visa (August 23, 2021) (+)

This publication contains a series of stories collected from law enforcement officials and prosecutors across the country illustrating how victims who have filed U visa cases in addition to assisting in the detection, investigation, prosecution, conviction and/or sentencing of the perpetrator of the crime committed against them for which they sought U visa protection, they also play a key role in the successful prosecution of other crimes.

Published August 28, 2020 by

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[pdf] Voir Dire Presentation Final (+)

Having an unbiased jury is essential to any trial. When trying cases involving immigrant victims of domestic or sexual violence, it is imperative that prosecutors develop a strategy to ensure that the jurors selected do not bear any prejudice against the victim and can understand the underlying dynamics of the case.

Published August 11, 2021 by

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[pdf] VSC VAWA Unit Training PowerPoint Presentation (+)

NIWAP presented a webinar for the Vermont Service Center on July 29, 2021. The presentation explained the dynamics of victimization in different contexts, including domestic violence, sexual assault, child abuse, and elder abuse, the impact of traumatization on memory and credibility, and various forms of immigrantion relief for survivors of crime and abuse & the […]

Published July 29, 2021 by

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[pdf] Current State of Violence Against Women Act and Trafficking Victim Protection Act Implementing Regulations and Policies (January 8, 2015) (+)

Analysis of many of the provisions that were passed as part of the Violence Against Women Acts of 1994, 2000, 2005 and 2013 that as of January 2015 had still not been implemented by either the Immigration and Naturalization Service or the Department of Homeland Security. Since this article focused mostly on U visas and VAWA self-petitions, it omits a discussion of the fact that the pre-1994 battered spouse waiver regulations that were overruled by VAWA 1994’s any credible evidence rules have not been amended to removed the overruled provisions for almost three decades as of 2021.

Published January 8, 2015 by

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[pdf] Best Practices to Support Immigrant Victims PowerPoint 7.20.21 (+)

Immigrant victims of crime are often reluctant to call police for help. Victims of domestic violence and sexual assault are further challenged to participate in investigations and prosecutions where they experience immigration-related abuse and threats of deportation. This workshop will explain the intention behind the creation of the U Visa and detail the requirements of […]

Published July 20, 2021 by

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[pdf] NM U Visa PowerPoint Presentation 7.19.21 (+)

Immigrant victims of crime are often reluctant to call police for help. Victims of domestic violence and sexual assault are further challenged to participate in investigations and prosecutions where they experience immigration-related abuse and threats of deportation. This workshop will explain the intention behind the creation of the U Visa and detail the requirements of […]

Published July 19, 2021 by

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[pdf] NIWAP Comments in Response to Request for Public Input: Identifying Barriers Across U.S. Citizenship & Immigration Services (USCIS) Benefits and Services (May 19, 2021) (+)

Comment in Response to Request for Public Input: Identifying Barriers Across U.S. Citizenship & Immigration Services (USCIS) Benefits and Services; CIS No. 2684-21; DHS Docket No. USCIS–2021–0004; RIN 1615-ZB87 discussing policy reforms needed that benefits immigrant survivors of crime and abuse.

Published May 19, 2021 by

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[pdf] NJN Judicial Responses to Labor Trafficking 7.6.21 (+)

Victims of labor trafficking appear before state court judges in a wide range of state court proceedings including protection orders, dependency, delinquency, guardianship, child support, custody, children in need of protection, employment cases, and criminal court cases (both misdemeanors and felonies). Victims of labor trafficking may be adults, youth, or children and some may also […]

Published July 6, 2021 by

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