Publisher: * NIWAP

[pdf] September 2018 Newsletter (+)

This issue includes:
– Upcoming Webinars
– Take the UNHCR and Center on Migration Studies 10-minute survey on the stateless population in the United States
– View NIWAP’s Memo on how the 2018 Gender-based Asylum policies do not affect survivors’ access to VAWA immigration remedies
– New Practices Advisory on Special Immigrant Juvenile Status Applications Published
– View the report: Vulnerable But Not Broken: Psychosocial Challenges and Resilience Pathways among Unaccompanied Children from Central America
– The Center on Immigration and Child Welfare issued important publications describing the impact that parental detention has on children in immigrant families
– Save the date: NIWAP will hold a national training for OVW grantees and potential grantees in August of 2019

Published September 17, 2018 by

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[pdf] February 2018 Newsletter (+)

In this issue: – New ICE policies on courthouse enforcement and VAWA Confidentiality – Call to sign Amicus Curiae brief to the board of immigration appeals on behalf of gender based asylum applicant

Published February 2018 by

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[pdf] October 2014 Newsletter (+)

In this issue:
– Demographics of Unaccompanied Minors in the United States
– Screening Children and Crime Victims for Immigration Relief Eligibility Using a Trauma Informed Approach
– Comparing Public Benefits for Forms of Immigration Relief
– Latest Developments at NIWAP
– Webinars, Publications, Trainings
– Student Corner

Published October 2014 by

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[pdf] INS Virtue Any Credible Evidence and Extreme Hardship Memo October 16, 1998 (+)

This memo has excellent language on page 7 near on the “any credible evidence” standard and the documentary requirements, and supporting language as to why it is structured that way. Specifically– “Any credible evidence” on page 7 “ Generally primary or secondary evidence must be submitted with an immigrant visa petition. See 8 CFR 204. l. However, that section allows the battered spouse or child self-petitioner to submit “any credible evidence” and does not require that the alien demonstrate the unavailability of primary or secondary evidence.

Published October 16, 1998 by

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[pdf] May 3, 2018 Newsletter (+)

In this issue: – NIWAP releases national survey on increased immigration enforcement on immigrant crime victims – Offer to help with VAWA Confidentiality vouchers

Published May 3, 2018 by

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[pdf] October 2018 Newsletter – Clarifications on Medicaid and SNAP Eligibility and the 5-Year Bar (October 13, 2018) (+)

This issue includes: – Information for the Georgia Legal Services Program – No 5 Year Bar to Federally Funded Medicaid for Immigrants who Entered the U.S. before 8/22/1996 – New NTA Policy Memo Description – New Resources from NIWAP – Upcoming Conferences and Webinars

Published October 2018 by

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[pdf] April 2018 Newsletter (+)

In this issue: – Annoucement of Understanding the Judicial Role in U Visa Certification and “Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights” – New Report on CSAJ’s Racial and Economic Equity Project (REEP) – Release of NIWAP’s national survey on increased immigration enforcement on immigrant crime victims

Published April 5, 2018 by

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[pdf] Quick Reference Guide for Prosecutors – U Visa and VAWA Confidentiality Related Case Law (+)

A tool to assist prosecutors during trials when defense counsel is attempting to either discover VAWA confidentiality protected information about an immigrant crime victim’s application for immigration relief or is attempting to impugn the credibility of the victim or an immigrant witness by raising their immigration status.

Published 07-24-2017 by ,

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[pdf] September 2014 Newsletter (+)

This newsletter provides information and links to resources on a number of issues including gender based asylum and access to legal services corporation funded representation for immigrant victims of domestic violence, sexual assault, and human trafficking and the parental interest directive policy through which DHS officials are required to facilitate participation in court cases involving their children for detained immigrant parents.

Published September 2014 by

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[pdf] St Paul Prosecutors Powerpoint (June 24, 2019) (+)

This Powerpoint corresponds to the training in St. Paul, MN on June 24, 2019 for prosecutors. The presentation covers the intent and basic requirements for the U-visa and aims to enhance victim and community safety and hold offenders accountable by using immigration relief as a crime fighting tool. The content also includes training on how […]

Published 06-24-2019 by

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[pdf] St Paul Law Enforcement Powerpoint (June 24, 2019) (+)

This Powerpoint corresponds to the training in St. Paul, MN on June 24, 2019 for law enforcement. The presentation covers how investigations can be improved using language tools, how to hold officers more accountable by using the U Visa certification process as a crime fighting tool, enhance victim safety and participation in the criminal justice […]

Published 06-24-2019 by

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[pdf] Legal Rights of Immigrant Children Materials (June 20, 2019 Webinar) (+)

A list of all the materials relating to Legal Rights of Immigrant Children, and the materials correspond to the webinar “When Child Victims Are Immigrants: The Judge’s Role.” These are resources to guide judges as they issue orders to protect abused and neglected immigrant children in custody, protection order, child welfare, and child support proceedings.

Published 6-19-2019 by

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[pdf] Access to Justice for All Victims NCVLI (June 5, 2019) (+)

This Powerpoint outlines the importance of language access for victim equality, civil rights compliance, quality and trauma-informed services, cultural humility, and systems change. The presentation further elaborates on the consequences of lack of language access and explains the legal and ethical mandate to have adequate language access. Along with language access, the Powerpoint covers cultural […]

Published 06-05-2019 by

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[pdf] And Legal Services for All Webinar Power Point Slides 11.3.14 (+)

This is a recording of the webinar broadcast November 3, 2014. “And Legal Services for All: New 2014 Legal Services Corporation Regulations Implementing VAWA 2005’s Immigrant Crime Survivors’ Access to Legal Services.” Closed captions will be available for this webinar soon. The recording runs for 1 hour 32 minutes.

Published October 30, 2014 by ,

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[pdf] Webinar Immigrant Child Victim (June 20, 2019) (+)

This Powerpoint corresponds to the webinar “When Child Victims are Immigrants: The Judge’s Role” on June 20, 2019. The presentation identifies forms of immigration relief available to provide protections to child abuse and neglect victims and their non-abuser parents. The workshop addresses judges and how to issue orders that are in the best interests of […]

Published 06-19-2019 by

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[pdf] Immigrant Survivor’s Access to Healthcare Newsletter (April 2015) (+)

Newsletter covering access to healthcare for immigrant survivors of domestic violence, sexual assault, human trafficking, child abuse and other U visa covered criminal activities. This Newsletter addresses the following topics:
*General Information Regarding the Affordable Care Act (ACA) and immigrant survivors
*Immigrant Crime Victims Who Are Eligible to Access the Healthcare Exchanges to purchase health insurance on the state and federal healthcare exchanges
*How to Immigrant Survivors Access the Healthcare Exchanges?
*Access to Healthcare Subsidies for Immigrant Survivors and Their Children
*Healthcare Access for Immigrants Who are NOT Eligible to Access the Healthcare Exchanges
*Applicability of Public Charge and Deeming Rules to Immigrant Survivors and their Children Eligible for Healthcare Subsidies

Published April 2015 by

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[pdf] Free Technical Assistance and Resources for All Professionals Serving Immigrant and Refugee Women and Children (June 2019) (+)

The National Immigrant Women’s Advocacy Project (NIWAP, pronounced new-app) is a national provider of training, legal and social science research, policy development and technical assistance to advocates, attorneys, pro bono law firms, law schools, universities, federal, state and local law enforcement, prosecutors, judges, court staff, social services and health care providers, justice system personnel and other professionals who work with immigrant women, children and crime victims. We offer assistance on a broad range of issues including access to services, safety and legal rights.

Published June 14, 2019 by

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[pdf] VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information (July 24, 2017) (+)

This tool for prosecutors discusses best practices for prosecutors in responding to discovery requests from criminal defendants requesting information contained in the victim’s immigration case. The case could be a U visa, a VAWA self-petition or a T visa case and the discovery obligations turn on federal statutory VAWA confidentiality requirements and what is in the prosecutors possession. Generally only in U visas is the certification discoverable and not the full U visa case file. In other cases where there has been no certification, no part of the victim’s immigration case file would be discoverable.

Published 7-24-17 by ,

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[pdf] Public Benefits and the Courts 4-18-19 (+)

This PowerPoint was used for the April 18, 2019 webinar: “Public Benefits and Services Legally Available to Immigrant and Children Victims – What Courts Need to Know?” The PowerPoint contains information about the Public Benefits Map, including state-by-state charts on public benefits immigrants are eligible for based on their status. The maps include both state […]

Published 04-18-2019 by

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[pdf] NIWAP NCJFCJ SIJS Webinar 5.14.19 (+)

This PowerPoint was used for the May 14, 2019 webinar: “Special Immigrant Juvenile Status – Best Practices for Drafting Findings.” The PowerPoint contains information about the role the courts play in the Special Immigrant Juvenile Status (SIJS) adjudication process and how SIJS enhances the courts options to promote child welfare and best interests. The PowerPoint […]

Published 05-14-2019 by ,

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

Published June 3, 2019 by

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

Published February 11, 2019 by

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

Published February 21, 2019 by

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[pdf] Access to State-Funded Public Benefits in Georgia 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 21, 2018 by

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[pdf] Access to State-Funded Public Benefits in Connecticut for Survivors (May 14, 2019, 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.

Published February 21, 2018 by

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[pdf] SIJS Bench Book (Full Manual) (+)

The Special Immigrant Juvenile Status Bench Book: A guide to Best Practice for Judges and Courts is a comprehensive tool that provides information that will be useful to Judges and Courts working with immigrant children. Special Immigrant Juveniles Status (SIJS) is a form of humanitarian immigration relief that provides for a path to lawful permanent residence (LPR) for children who are unable to be reunited with one or both parents due to abuse, abandonment, neglect, or a similar basis under state law. The SIJS bench book provides a detailed overview explanation of SIJS and the role that Congress created for state court judges in an immigrant child’s application process. The bench book provides information about laws and regulations, policies and best practices, legislative history, quick-guides tools that will help Judges and Courts staffs working with immigrant children and juveniles.

Published March 30, 2018 by

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[pdf] Access to State-Funded Public Benefits in Puerto Rico for Survivors (November 21, 2018, 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 November 21, 2018 by

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[pdf] Access to State-Funded Public Benefits in American Samoa (November 26, 2018, 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.

Published November 26, 2018 by

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[pdf] Access to State-Funded Public Benefits in Illinois for Survivors (April 26, 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 11, 2019 by

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[pdf] VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information (+)

This tool for prosecutors discusses best practices for prosecutors in responding to discovery requests from criminal defendants requesting information contained in the victim’s immigration case. The case could be a U visa, a VAWA self-petition or a T visa case and the discovery obligations turn on federal statutory VAWA confidentiality requirements and what is in the prosecutors possession. Generally only in U visas is the certification discoverable and not the full U visa case file. In other cases where there has been no certification, no part of the victim’s immigration case file would be discoverable.

Published 7-27-17 by ,

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[pdf] Privacy Protections for Immigrant Victims of Domestic Violence, Sexual Assault, Human Trafficking, Child Abuse and Other Immigrants Applying for Public Benefits (October 14, 2020) (+)

The fact sheet provides an overview which government officials state or federal have obligations to inquire into or report immigrants whom they believe may not be in the U.S. lawfully to the Department of Homeland Security. This document discussed the very limited circumstances (in the context of certain public benefits applications) in which government officials are required by federal law to report an individual’s believed citizenship or immigration status to DHS.

Published October 14, 2020 by

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[pdf] Bench Card: Identifying Victims Who May Qualify for Immigration Relief (March 9, 2022) (+)

This bench card provides judges and court staff a quick reference to help state criminal, family, and juvenile court judges identify victims who may qualify for forms of immigration relief designed by Congress to offer protection to immigrant victims. Judges can use this document as a screening tool to identify victims who are before the court who may qualify for the major forms of victim based immigration relief.

Published March 20, 2019 by

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[pdf] Access to State-Funded Public Benefits in North Dakota for Survivors (February 14, 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 Feb. 14, 2019 by

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[pdf] Immigrant Victims of Sexual Assault: The Important Role of SART Teams (+)

This chapter of the SART Toolkit is designed to inform SART team members about a range
of issues that will improve outcomes for sexual assault survivors, will better support survivors’
ability to participate and seek help from the civil and criminal justice systems, and will enhance
the ability of SART teams, law enforcement and prosecutors to detect, investigate and prosecute
perpetrators of sexual assault against immigrants.

Published July 8, 2018 by

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[pdf] Flyer Offering Training on Best Practices: Immigrant Crime Victims, Language Access and the U-Visa (June 14, 2019) (+)

Flyer advertising the availability of training on language access, and U and T visa certification by law enforcement and prosecutors and working with immigrant and LEP victims. The reverse side of the flyer contains information about the technical assistance available to law enforcement, prosecutors, advocates, attorneys and other professionals working with immigrant crime victims.

Published June 14, 2019 by

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[pdf] Model Policy for Interactions with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations (+)

This proposed model policy was developed under a grant from the Bureau of Justice Assistance and in consultation with law enforcement leadership from multiple jurisdictions and with input from officials at the U.S. Department of Homeland Security and law enforcement agencies from across the country. Please also review the discussion paper that accompanies this Model policy. https://niwaplibrary.wcl.american.edu/pubs/discussion-paper-model-policy-u-visa-certification-may-2016

Published October 31, 2016 by

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[pdf] Discussion Paper for Model Policy for Interactions with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations (+)

This proposed model policy discussion paper was developed under a grant from the Bureau of Justice Assistance and in consultation with law enforcement leadership from multiple jurisdictions and with input from officials at the U.S. Department of Homeland Security. Please also review the Proposed Model Policy that accompanies this Discussion Paper.

Published October 31, 2016 by

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[pdf] DOJ Memo on Supplemental Guidance on Self-Petitioning Process and Related Issues (May 6, 1997) (+)

This memorandum outlines the changes in the handling of self-petitions for immigrant status filed by battered spouses and children of U.S. citizens and permanent residents aliens and addresses related issues. The changes highlighted include: the Centralization at the Vermont Service Center at page 2, Other District Office issues page 7.

Published May 6, 1997 by

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