Publisher: * NIWAP

[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 toolkit provides detailed information for state court judges on U visa and T visa certification by judges. It includes full citations to the U visa and T visa statutes and regulations and govern judicial certifications.

Published June 17, 2021 by

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[pdf] IACP the U and T Visa PowerPoint Presentation 6.17.21 (+)

This presentation discusses the U and T Visa as a tool to support victims, communities, and increase participation in the criminal justice system. It also reviews the benefits of this immigration relief for victims and the advantages law enforcement-based victim services programs can gain by using these tools.

Published June 17, 2021 by ,

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[pdf] VAWA Confidentiality Protections, Courthouse Enforcement, and Sensitive Locations Policies at a Glance (December 27, 2021) (+)

This tool assists judges, courts and attorneys in determining the applicability of VAWA confidentiality protections, DHS policies on protected areas, and DHS courthouse enforcement policies to cases involving immigrant survivors of crime and abuse, particularly victims of domestic violence, child abuse, sexual assault, stalking, human trafficking and any U visa covered criminal activity. It assists courts in designing court orders including protection orders and visitation exchange and helps attorneys and victim advocates safety plan.

Published December 27, 2021 by

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[pdf] T Visa Application Flowchart (June 12, 2021) (+)

The following chart assists with understanding the T Visa application process through a flowchart diagram. This visualization strives to simplify understanding of process for T visa applications and is part of the U Visa Certification and T Visa Declaration Toolkit for Judges.

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[pdf] Factors That Demonstrate That It is Not In a Child’s Best Interests to Return to Their Home Country (June 12, 2021) (+)

In Special Immigrant Juvenile Status (SIJS) cases, one of the required SIJS findings is that it is not in the child’s best interests for the child to be returned to the child’s or their parent’s home country. This document outlines recommended approaches to making or obtaining these findings that for SIJS eligible children. The recommendations include examining and applying the same factors that are used in VAWA self-petitioning cases to prove extreme hardship. These are abuse related factors that can help SIJS children establish that it is not in the child’s best interest to return to the child’s home country.

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[pdf] Parental-Guardian Interests Directive: How to Get a Detained or Removed Person to Court for Family Court Cases Involving Children or Incapacitated Adults (August 12, 2022) (+)

This document provides instructions regarding how attorneys and courts can use the DHS policies on detained parents to arrange to bring parents who are in detention to court for participation in cases involving their children. This document also explains that when DHS knows or learns that a person whom they may be considering for immigration enforcement is the parent or guardian who is the caregiver of a child or incapacitated adult it is against DHS policy to subject the caregiver to immigration enforcement.

Published August 12, 2022 by

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[pdf] Flight Risk of Foreign Born Parents With Children (June 12, 2021) (+)

This publication reports on research data documenting that the parents most likely to kidnap children internationally at those who are most able to travel freely to and from the U.S. and parents with close ties abroad and the means to travel (e.g., dual nationals and foreign born parents who are naturalized citizens, lawful permanent residents, have visas that allow for multiple entries into the U.S., or work visas that allow for travel abroad. It also discusses steps courts and attorneys can take to prevent parental kidnapping and best practices for responding when an opposing party argues in court that the immigration status of a parent makes it likely that the parent will flee the U.S. with the children if the immigrant parent is awarded custody.

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[pdf] Quick Reference: VAWA Confidentiality Protections: Quoting Statutes, Regulations and DHS Policies (June 12, 2021) (+)

This documents provides a quick reference for judges on federal Violence Against Women Act VAWA immigration confidentiality laws listing quotes from the statute, legislative history, regulations and U.S. Department of Homeland Security policies. It concludes with a discussion of DHS VAWA confidentiality procedures and complaint process for violations of this federal statute.

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[pdf] Courthouse Immigration Enforcement Steps Courts Are Taking (December 29, 2021) (+)

This tool contains a list of steps state courts are taking regarding immigration enforcement at courthouses. Many of these steps are derived from and based upon the Department of Homeland Security policies that limit immigration enforcement actions that can be taken by Immigration and Customs Enforcement (ICE) and Customs and Border Patrol officials. It is important to note that with very few exceptions, courthouse enforcement is discouraged and limited and requires Headquarters level approval and regular reporting to Headquarters and the Office of the Secretary of DHS so that any actions taken are closely monitored.

Published December 29, 2021 by

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[pdf] Questions and Answers: VAWA Self-Petitioning Webinar (June 12, 2021) (+)

On April 22, 2020 NIWAP held a national webinar on VAWA Confidentiality at which we encouraged attendees to ask questions in the “chat” and when they registered for the webinar. We received 87 questions from participants. This document provides answers to each of the questions received. This document supplements the information provided in the webinar. We recommend that readers also view the webinar https://niwaplibrary.wcl.american.edu/2020-vawa-self-petition-webinar.which includes a detailed list of training materials on VAWA self-petitioning.

Published June 12, 2021 by

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[pdf] Legal Rights of Immigrant Survivors: Public Benefits, Housing, & Victim Services PowerPoint (+)

Legal Rights of Immigrant Survivors: Public Benefits, Housing, & Victim Services PowerPoint This webinar will provide an overview of the protections available under federal immigration laws, federal and state public benefits law and state family laws for immigrant children who are abandoned or become victims of child abuse, child neglect, sexual assault, dating violence, stalking, […]

Published May 27, 2021 by

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[pdf] Executive Summary – Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status (June 8, 2021) (+)

Executive summary with recommendations for the Department of Homeland Security. This summary reports highlights from a national survey documenting the transformations that occur for immigrant survivors who become more resilient and stable after receiving formal protection from deportation through deferred action and are granted legal work authorization. The abstract and recommendations from the report can be accessed here: https://niwaplibrary.wcl.american.edu/pubs/transforming-lives-abstract-conclusions-recommendations and the full report is available at: https://niwaplibrary.wcl.american.edu/pubs/transforming-lives-full-report.

Published June 8, 2021 by

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[pdf] Transforming Lives: How the VAWA Self-Petition and U Visa Change the Lives of Survivors and Their Children After Employment Authorization and Legal Immigration Status (June 8, 2021) (+)

Full research report from national survey in which 169 agencies working with over 11,000 immigrant survivors of domestic violence, child abuse, sexual assault, human trafficking and other criminal activities reported on how as survivors move through the immigration case process of filing for VAWA and U visa immigration relief, the lives of immigrant survivors and their children transform. This survey documents that after receipt of work authorization and formal protection from deportation through deferred action, the lives of immigrant victims and children improve exponentially. This research documents survivors’ resilience, and the stability and strength they are able to achieve when the fear of deportation subsides, victims can access better and more stable jobs, and have access to a wide range of victims services and public benefits. The executive summary of this report prepared for DHS is here: https://niwaplibrary.wcl.american.edu/pubs/exec-summary-transforming-lives and the abstract, conclusions and recommendations is available here https://niwaplibrary.wcl.american.edu/pubs/transforming-lives-abstract-conclusions-recommendations.

Published June 8, 2021 by

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[pdf] Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Survivors and their Children After Employment-Authorization and Legal Immigration Status – Abstract, Conclusions and Recommendations (June 8, 2021) (+)

This document includes the abstract, conclusions and recommendations from the national survey research report Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status (April 12, 2021). The executive summary of the report can be accessed here: https://niwaplibrary.wcl.american.edu/pubs/exec-summary-transforming-lives and the full report us available here: https://niwaplibrary.wcl.american.edu/pubs/transforming-lives-full-report

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[pdf] Legislative Reforms Needed For Immigrant Victims of Domestic Violence, Sexual Assault, Stalking and Immigrant Children Who Have Suffered Abuse, Abandonment or Neglect (June 5, 2021) (+)

This document is intended to be read together with and a supplement to The Violence Against Immigrant Women Act of 2012 that was introduced by Representative Jan Schakowsky on May 7, 2012 in the 112th Congress, 2nd Session, HR 5331. HR 5331 contains a myriad of legislative provisions that, if enacted as law, would dramatically improve legal protections for immigrant women and children who have been victims of domestic violence, child abuse, sexual assault, stalking, human trafficking, child abandonment, child neglect or a range of other violent crimes committed against them in the United States. The statutory changes discussed in this document are needed in addition to the provisions contained in HR 5331. The proposed changes address urgent issues that immigrant survivors face and need legislative solutions for, and they address emerging needs of immigrant survivors in 2021.

Published June 5, 2021 by

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[pdf] Glossary of Terms for Work With Immigrant Survivors (November 15, 2017) (+)

This glossary of terms is designed to assist judges, law enforcement, prosecutors, victim advocates and attorneys working with immigrant survivors of domestic violence, sexual assault, child abuse, stalking, dating violence and human trafficking. It covers terms commonly used in cases involving immigrant survivors and their children including immigration, family law and public benefits matters.

Published November 15, 2017 by

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[pdf] Law Enforcement Prosecutor U Visa Letter – DHS 5.25.21 (+)

Letter from NIWAP and Law Enforcement and Prosecutors to Secretary of DHS Mayorkas.The letter explains how criminal investigations and prosecutions are undermined when immigrant victims do not have the safety and security that comes with being assured that they will not be deported and being able to leave abusive homes and employers because they have […]

Published 5/26/2021 by

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[pdf] Final Rule on U Visa Certifications and Elimination of the Supervisor Requirement (January 22, 2014) (+)

Letter from Police Chiefs to USCIS recommending that in the final U visa rule USCIS eliminate the supervisor requirement and allow heads of law enforcement agencies to designate any staff member they choose to sign U visa certifications on the agency’s behalf so long as the staff members is designated by the head of the agency.

Published January 22, 2014 by

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[pdf] Analysis of USCIS 2019 U Visa Law Enforcement Resource Guide – Memo to DHS From NIWAP (September 29, 2019) (+)

This memo identifies how the 2019 USCIS Law Enforcement Resource Guide contains information that is inconsistent with the legally correct information in the U visa statue, the U visa regulations and the U visa legislative history. This document should be read together with NIWAP’s annotated version of the USCIS U Visa law Enforcement Resource Guide that identifies omissions and inaccuracies in the USCIS Resource Guide. https://niwaplibrary.wcl.american.edu/pubs/annotated-uscis-u-visa-resource-guide

Published September 29 2019 by

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[pdf] Understanding the Significance of a Minor’s Trauma History in Family Court Rulings (May 18, 2021) (+)

Article discussing the neurobiology of child brain development and how it impacts children who come before state family courts in domestic violence, sexual assault, child abuse, custody, delinquency, dependency and other cases. The article brings together research findings in the fields of child brain science and research on the traumas experienced by immigrant children in their home countries, during their immigration to the U.S. and trauma and abuse immigrant children experience after arriving in the United States.

Published May 21, 2021 by ,

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[pdf] Louisiana DAA Webinar 2 PowerPoint (+)

This presentation will allow audiences to understand how eligibility for immigration relief impacts your cases. The PowerPoint also includes information on how to promote issuance of state court findings for children filing for Special Immigrant Juvenile Status, sign U visa certifications in cases of abused children and their immigrant parents, and help immigrant children access […]

Published May 12, 2021 by

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[pdf] Brief of Amicus Curiae NIWAP Rodrigues Tornes 9th Circuit (October 18, 2019) (+)

“Amicus Curiae Brief in Maria Luisa Rodriguez Tornes vs. William P. Barr” NIWAP led an amicus brief with DLA Piper for a case filed in the 9th Circuit discussing how domestic violence victims are able to receive gender-based asylum because they domestic violence they experience is based on their social group membership. NIWAP’s brief documented the cultural, religious and social conditions that domestic violence victims suffer that serves as a valid basis for domestic violence related gender based asylum. This brief provided the social science support for a Tahirih Justice Center case challenging the Attorney General Sessions Justice Department position on domestic violence related gender based asylum cases. October 19, 2019)

Published October 18, 2019 by ,

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[pdf] FAQ Immigrant Survivors & Housing (March 2021) (+)

Immigrant survivors of domestic violence, sexual assault, dating violence, stalking, and human trafficking face unique challenges when accessing and maintaining safe housing. Housing is a primary concern for survivors living with violence because it directly affects their ability to leave an abusive relationship. COVID-19 has exacerbated problems as survivors are forced to stay at home […]

Published March 24, 2021 by , ,

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[pdf] Immigration Consequences of Maryland Offenses (April 9, 2021) (+)

s chart was written principally by Maureen A. Sweeney of the Chacón Center for Immigrant Justice at Maryland Carey Law. The current update was developed in collaboration with Faiza Chappell and Leslye E. Orloff, NIWAP, American University, Washington College of Law. The most up-to-date version of this chart can be accessed at the following link: https://www.law.umaryland.edu/media/SOL/pdfs/Programs/Immigration%20Consequences%20of%20Maryland%20Offenses%20-updated%20April%202021.pdf.

Published April 9, 2021 by ,

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[pdf] Legal Rights 4.21 RM (+)

This workshop will discuss the range of publicly funded victim and social services programs, legal assistance, and the wide range of services and assistance that are legally available to all victims of domestic violence, child abuse, and sexual assault, regardless of immigration status. As immigrant and Limited English Proficient (LEP) victims begin the process of […]

Published May 2021 by

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[pdf] Louisiana DAA Webinar 1 PowerPoint (+)

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 webinar will explain the intention behind the creation of the U Visa and detail the requirements of […]

Published April 22, 2021 by

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[pdf] MJI Conference Achieving Equal Justice Presentation 5.6.2021 (+)

This presentation focuses on the importance of immigration status in family courts. Immigration status can profoundly affect the family dynamics and context in which many decisions involving families unfold. In families experiencing domestic violence and/or child abuse, immigration related abuse is an effective tool of, power and control that co-exists with and predicts escalation of […]

Published April 19, 2021 by

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[pdf] Trafficking Social Science Research Data Sources Chart (January 25, 2021) (+)

This chart reviews 100 research articles and reports on human trafficking in the United States. It tracks for each article the source of the primary data that the article is relying upon and whether or not the article has a bibliography. This chart should be read together with the report “Social Science Human Trafficking Research Findings: Tools for Courts which describes which of these research reports are most reliable. If you need assistance obtaining any of the research reports cited in this chart contact NIWAP at info@niwap.org.

Published January 25, 2021 by

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[pdf] Social Science Human Trafficking Research Findings: Tools for Courts (January 25, 2021) (+)

This reports provides an analysis of 100 research reports written on human trafficking in the United States and identifies the sources of primary data used by the reports. This research found that the majority of research relies upon the same two sources of primary data on human trafficking the State Department’s Trafficking in Persons Reports and Polaris’ National Human Trafficking Resources Center data. This survey found that some research reports on human trafficking that did not provide information on where the data they relied upon came from. This report and the accompanying chart of research report sources are designed to guide judges, policy makers and service providers to research reports on human trafficking in the United States that are currently the most reliable.

Published January 25, 2021 by

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[pdf] In Accordance with the Law GA Presentation 3.23.21 (+)

This webinar will provide you with information about your legal obligations to provide language access to limited English speaking victims of domestic and sexual violence who you encounter in your work. Expert faculty will cover language access requirements under Title VI, as well provide examples of ways prosecutors, law enforcement, and victim advocates working in […]

Published 3/23/2021 by

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[pdf] Expanding the Toolbox for Children in Immigrant Families- Tips and Tools for Child Welfare and Children’s Courts- NCJFCJ_03.23.21 (+)

NIWAP Director Leslye Orloff and Judge Susan Breall from the San Francisco Superior Court presented a webinar with the National Council of Juvenile and Family Court Justice on tips and tools for child welfare and children’s courts for children in immigrant families. The webinar covered U and T visa certifications, seeking/making state court findings required […]

Published 03.23.2021 by

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[pdf] Comparing VAWA Suspension of Deportation, VAWA Cancellation of Removal, VAWA Nicaraguan and Central American Relief Act (NACARA), and VAWA Self-Petitioning Chart (January 28, 2021) (+)

This chart provides an overview that compares the eligibility requirements, inadmissibility waivers and exclusions, and access to immigraiton relief, work authorization, lawful permanent residency, public benefits and the ability to protect include family members in the protections received between four of the forms of immigraiton relief created by the Violence Against Women Act to protect immigrant victims of spouse abuse, child abuse and elder abuse. Three of the forms of immigration relief VAWA cancellation of removal, VAWA suspension of deportation, and VAWA NACARA are applications that may only be filed in immigration court after the victim has been placed in removal, deportation or exclusion proceedings. Victims who are in removal proceedings may at the same time file VAWA self-petitions. In cases of abusive citizen spouses or parents, once the self-petition has been granted the victim can seek adjustment of status to lawful permanent residency from the immigration judge.

Published April 28, 2020 by

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[pdf] Comparing VAWA Haitian Refugee Immigrant Fairness Act of 1998 (“VAWA HRIFA), VAWA Cuban Adjustment Act and VAWA Self-Petitioning Chart (January 28, 2021) (+)

This chart compares the three forms of immigration relief created by the Violence Against Women Act (VAWA) that offer remedies for immigrant victims of spouse abuse and child abuse the ability to apply for lawful permanent residency.1 This side-by-side comparison chart compares three different forms of VAWA self-petitions: 1) VAWA Haitian Refugee and Immigrant Fairness Act self-petitions (VAWA HRIFA);2 VAWA Cuban Adjustment Act self-petitions;3 and Self-petitions filed by abused spouses, children and parents of U.S. citizens and lawful permanent residents

Published April, 28, 2020 by

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[pdf] Regional HT Collaborative Summit Feb 2021 (+)

This presentation provides an overview of the T visa, U visa, and VAWA Self-Petition options for immigrant victims of crime including domestic violence, sexual assault, stalking, and human trafficking. The presentation specifically focuses on the T visa and Continued Presence as well as state labor crimes and the U visa.

Published January 27, 2021 by

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[pdf] ICJR Orientation with BWJP 12.14.20 (+)

During this webinar, we explored the wide range of topics and various ways NIWAP can support your work with immigrant survivors of domestic violence and sexual assault. We also discussed how you can hold offenders more accountable by using the U Visa certification as a crime-fighting tool, by enhancing domestic/sexual violence/stalking victim & community safety […]

Published December 14, 2020 by

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[pdf] COP Discussion on Safe Housing Presentation 12.10.20 (+)

This presentation features expertise from the Director of Legal Initiatives Karlo Ng from the National Alliance for Safe Housing (NASH). The presentation reviews housing eligibility for immigrant victims of crime and case scenarios relevant to family law attorneys. It also includes information about housing as it relates to COVID-19.

Published December 10, 2020 by

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[pdf] Complicated Overlay of Domestic Violence, Immigration Status and Human Trafficking Presentation 12.15.20 (+)

This presentation includes the following learning objectives: Identify juvenile and adult immigrant victims who are eligible for federal protection, Carry out the role Congress delegated to State Court Judges, CPS, APS, law enforcement and prosecutors in these cases, and Understand how early access to federal VAWA, TVPA and SIJS immigration protections can stabilize individual victims […]

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[pdf] Wilmington University Trafficking Awareness Webinars Materials List 2020 (+)

This materials list complements the presentation for NIWAP’s webinars at the Human Trafficking Awareness Webinars for Wilmington University. This document is a complete list of training materials, resources, and tools for the attendees of the webinar as well as professionals seeking tools to assist victims of human trafficking.

Published December 15, 2020 by

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[pdf] Training Bulletin: Improving Crime Fighting Outcomes in Cases of Immigrant Victims (+)

The End Violence Against Women International (EVAWI), in collaboration with NIWAP, published a Training Bulletin. Congress created several forms of humanitarian immigration relief to assist law enforcement agencies in building trust with, protecting and assisting immigrant and LEP crime victims in communities across the country. This immigration relief prevents perpetrators of high recidivism crimes including […]

Published November 13, 2020 by ,

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[pdf] Memorandum on People v. Alvarez (March 15, 2019) (+)

This document is for educational use only. The decision did not discuss or pointed out how the defendant knew the victim had applied for a U visa. The decision held that the exclusion of u visa evidence was constitutional and within the court’s discretion. However, VAWA confidentiality is not discussed or presented as an argument before the court.

Published March 15, 2019 by

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[pdf] Wilmington University Pwpt Final (+)

This presentation helps people identify juvenile and adult immigrant victims who are eligible for federal protections, understand the role Congress delegated to State Court Judges, CPS, APS, law enforcement and prosecutors in these cases, and learn about how early access to federal VAWA, TVPA and SIJS immigration protections can stabilize individual victims and increase safety […]

Published November 24, 2020 by

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[pdf] UN Summit DV Covid Materials List 11.18.20 (+)

This materials list corresponds to the United Nations Working Group on COVID-19 training on November 19, 2020. It includes materials related to COVID-19 relief eligibility for immigrant victims of domestic violence, child abuse, sexual assault, stalking, and human trafficking.

Published November 18, 2020 by

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[pdf] United Nations International Virtual Summit Presentation (+)

This presentation provides a 7 minute overview of the dynamics immigrant victims of domestic violence, child abuse, sexual assault, stalking, and human trafficking are encountering during the COVID-19 pandemic. It includes information on immigrant victims of crime’s eligibility for relief under COVID-19 legislation.

Published November 18, 2020 by

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[pdf] HISI Directive 10075.1 Continued Presence (+)

Homeland Security Investigations (HSI) Directive 100775.2 establishes policy and procedures for U.S. Immigration and Customs Enforcement (ICE) HSI personnel when requesting Continued Presence on behalf of victims of a severe form of trafficking and who may be potential witnesses in the investigation and/or prosecution of those responsible for such trafficking, as well as those who have filed a civil action. This directive was made publically available by FOIA request.

Published 11.12.2020 by

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[pdf] U and T Visa Certification Protocol for Courts (October 20, 2020) (+)

This draft U and T visa Certification Protocol was adapted from the Superior Court of California, County of San Francisco Civil Division U-Visa Certificate Protocol. This model policy can be adopted by courts across the country. The policy cites and is fully consistent with relevant and updated statutes, laws, regulations, and DHS policies on U and T visa certifications.

Published October 20, 2020 by ,

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[pdf] Domestic Victims of Human Trafficking Program Data Collection – NIWAP Comments (February 25, 2020) (+)

These comments identify the VAWA confidentiality protections and issues that arise in cases of foreign born victims who obtained their lawful permanent residency and citizenship through the T visa or U visa programs. These victims are entitled to VAWA confidentiality protection that the proposed rule did not take into account.

Published February 26, 2020 by

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