This article surveyed all of the publicly available SIJS cases issued through the date of this article’s publication. Ultimately, this survey demonstrates that the majority of state courts are issuing decisions that have become settled law and that these courts’ decisions are consistent with federal SIJS statutes, the March 2022 USCIS regulations, and USCIS policies and publications on SIJS laws and the SIJS program. Although Congress substantially amended the SIJS statute in 2008 to expand the number of immigrant children eligible for SIJS, this article demonstrates that during the decade and a half after the law passed and before USCIS issued final regulations in 2022, many state courts struggled to issue rulings in SIJS cases that were consistent with the federal SIJS statues and USCIS policies. Despite this fact, as this article documents, many courts did issue rulings that correctly interpreted and applied federal SIJS laws and issued SIJS judicial determinations that immigrant children who had suffered parental maltreatment could use to file their SIJS petitions with USCIS.
Publisher: State Justice Institute
[pdf] PowerPoint Presentation (March 5, 2024) (+)
[pdf] Advanced Judicial Studies, Special Immigration Issues in Family Court – Advanced Judicial Studies – Fort Myers, Florida (January 9, 2024) (+)
Training Materials for the Advanced Judicial Studies, Special Immigration Issues in Family Court training that took place on October 27, 2023 in Fort Myers-Sanibel, Florida
[pdf] Trafficking Data and Findings Checklists Handout (November 6, 2023) (+)
[pdf] NJN Slides Tips and Tools for Judges RE Trafficking VIctims 11.7.23 final (+)
[pdf] Portland Judges Agenda (October 3, 2023) (+)
[pdf] Portland Judges PowerPoint Presentation (October 3, 2023) (+)
[pdf] PowerPoint Presentation (September 12, 2023) (+)
[pdf] Technical Assistance and Training on Legal Rights of Immigrant Crime Victims (August 17, 2023) (+)
This set of flyers advertise the training and technical assistance offered by NIWAP, American University, Washington College of Law to courts, judges, law enforcement officials, prosecutors, victim advocates, and attorneys working in family law, domestic violence, immigration and legal services agencies covering a wide range of topics that are important to professionals who encounter immigrant crime victims and immigrant children in their work. Trainings are designed to meet the needs of the local jurisdiction or state requesting the training and involve both NIWAP staff and a national team of experts, law enforcement, prosecutor and judicial trainers. The first page of this flyer summarizes the topics of technical assistance and training offered. This page is followed by flyers aimed at trainings for law enforcement officers, prosecutors and their victim witness staff and trainings NIWAP offers for judges and court staff.
[pdf] PowerPoint Presentation (August 17, 2023) (+)
[pdf] Judicial Officer Checklist for Common Behaviors Associated with Stalking (March 2, 2023) (+)
Checklist for judicial officers for identifying and making findings on stalking behaviors.
[pdf] Stalking Literature (March 2, 2023) (+)
This checklist developed for judicial officers assists courts in identifying and making findings of fact documenting behaviors commonly associated with stalking.
[pdf] NJN Peer-to-Peer Session PowerPoint Presentation (December 8, 2022) (+)
[pdf] SIJS Webinar PowerPoint Presentation (October 4, 2022) (+)
[pdf] Bench Card: Special Immigrant Juvenile Status (SIJS) Immigration and Public Benefits Eligibility Process (July 13, 2022) (+)
Bench card outlining SIJS applicant and recipient children’s ability to access federal and state public benefits.
[pdf] Family Law Protections Materials (December 10, 2021) (+)
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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.
[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.
[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.
[pdf] NJN Peer-to-Peer Forum 09.14.21 final (+)
[pdf] NJN Peer-to-Peer Forum 5.4.21 (+)
[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.
[pdf] Helping Victims of Human Trafficking Courts 11.9.2020 (+)
This PowerPoint was presented at the NCJFCJ virtual training in November 2020.
[pdf] U-Visa: “Helpfulness” Checklist (+)
This checklist has been developed to assist police, prosecutors, judges, commissioners, magistrates and other U visa certifying officials in identifying the wide range of ways an immigrant crime victim can provide helpfulness to justice system officials and government agencies in detection, investigation, prosecution, conviction or sentencing of U visa listed criminal activity. The document includes citations to U.S. Department of Homeland Security policies, regulations, guidance and training materials on U visa certification and helpfulness. A national team of law enforcement, prosecutors and judicial trainers with expertise and experience on the U visa contributed to the development of the list of examples of helpfulness included in this document based on their experience and expertise.
[pdf] Unaccompanied Immigrant Children Bench Card (2015) (+)
[pdf] Human Trafficking Assessment and Measurement Framework (+)
For references and
additional resources,
go to www.htcourts.org
[pdf] Definitions, Forms, and Dynamics of Human Trafficking (+)
Human trafficking occurs when an individual or an organization (1) induces, (2) recruits, (3) harbors,
(4) transports, (5) provides, or (6) obtains a person by (1) force, (2) fraud, or (3) coercion
for the purposes of (1) involuntary servitude, (2) peonage, (3) debt bondage, (4) slavery, or
(5) a commercial sex act.
[pdf] Approaches to addressing human trafficking (+)
Approaches, Key Assumptions, & Characteristics of Responsive Strategies
[pdf] Identifying Cases Involving Human Trafficking (+)
This card is aimed at helping state court judges identify situations before them that may involve elements of human trafficking and determining what steps to take to assure that victims of human trafficking are protected.
[pdf] Immigration Rights of Victims of Human Trafficking (+)
Short card on immigration rights of victims of human trafficking.
[pdf] Working With Human Trafficking Victims in a Juvenile Case (+)
This card is aimed at helping juvenile court judges identify situations that may involve elements of human trafficking and determine what steps may be taken to assure that a juvenile in a dependency case or delinquency case who might be a victim of human trafficking is protected.
[pdf] Comparison Chart of Violence Against Women Act (VAWA) Self-Petitioning, U visa, and Special Immigrant Juvenile Status (SIJS) (2015) (+)
This chart compares forms of crime victim based immigration relief for immigrant children. It covers VAWA self-petitioning for child abuse victims, the U visa for child victims of child abuse, sexual assault and other forms of criminal activity and special immigrant juvenile status available for children who have been abused, abandoned or neglected by one or both of their parents. The chart compares eligibility for immigration relief, the immigration relief process, timing of access to lawful permanent residency and access to public benefits and services among these three forms of immigration relief.
[pdf] Comparison Chart of VAWA and U visa Immigration Relief (+)
Comparison Chart of VAWA and U visa Immigration Relief.
[pdf] State Courts and the Protection of Immigrant Crime Victims and Children (2014) (+)
The learning objectives for this presentation are: understand the intersections between state court proceedings and immigration law, recognize facts that indicate a party qualifies for legal immigration status, know how accurate immigration law information affects just and fair outcomes in state courts, learn about findings in state court cases that are helpful to an immigrant crime victim’s immigration case, and obtain U visa certifications from law enforcement or judges.
[pdf] VAWAvSIJS_7.10.15-SJI-Update-v2_TC (+)
A comparison chart of VAWA and Special Immigrant Juvenile Status (SIJS).
[pdf] Trafficking Victim Benefits Under the Affordable Care Act (ACA) (June 18, 2014) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Trafficking victims who are granted continued presence and trafficking victims who file for and receive T-visas have greater access to a full range of subsidized health care benefits than any other group of immigrant crime victims. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits.
[pdf] U-Visa Victim Benefits Under the Affordable Care Act (ACA) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Similar to other public benefits, there is no one-size-fits-all rule as to when immigrant victims qualify for subsidies and for what health care benefits may be covered by subsidies. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. Lawfully present U-Visa victims are subject to the individual mandate, unless they meet the low-income exception, and are eligible to purchase insurance on the exchanges. In the vast majority of states, lawfully present U-Visa victims do not receive health care subsidies and when subsidies are offered they are generally only for prenatal and child health care.
[pdf] VAWA Self-Petitioner Victim Benefits Under the Affordable Care Act (ACA) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. The ACA created two categories of immigrants: those are who are “lawfully present” and those who are not. VAWA self-petitioners are included in the category of “lawfully present” and are therefore subject to the individual mandate and eligible to purchase insurance on the exchanges if they do not qualify for an income exemption.
[pdf] Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status (July 23, 2015) (+)
This brochure contains a list of programs for the protection of life, safety and public health, as well as legal services, which are available to immigrants regardless of their immigration status.
[pdf] Bench Card: VAWA Immigration and Public Benefits Eligibility Process: VAWA Self-petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation, and Battered Spouse Waiver Applicants (December 31, 2021) (+)
This Bench Card contains information on the VAWA public benefits eligibility process, including the following: immigration status qualification requirements, VAWA cancellation of removal and suspension of deportation, battered spouse waiver, and how to become a “qualified immigrant” who is eligible to receive federal and state public benefits.
[pdf] Bench Card Trafficking Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)
This Benchcard discusses the qualifications for Continued Presence status, how to apply for and obtain Office of Refugee and Resettlement benefits eligibility based on Continued Presence, qualifications for T-Visa status, how to apply for a T-Visa, and how to receive benefits after receiving Continued Presence status or a T-Visa. It also outlines the federal and state public benefits and other government-funded programs available to trafficking victims as well as the eligibility period.
[pdf] Federal Preemption of State Laws That Attempt to Restrict Immigrant Access to Services Necessary to Protect Life and Safety (2013) (+)
Although the power to regulate immigration and enact immigration laws rests exclusively with the federal government, some state laws and local ordinances have been enacted to involve state and local officials in immigration enforcement and to cut off access to programs, benefits, and services to non-citizens including undocumented immigrants. This article discusses federal preemption of state laws that attempt to restrict immigrant access to services that have been deemed by the Attorney General of the United States to be necessary for the protection of life and safety.
[pdf] Flowchart of Access to Federal and State Public Benefits for Victims of Human Trafficking (+)
This is a flowchart regarding access to federal and state public benefits for victims of human trafficking, including services necessary to protect life and safety.
[pdf] Flowchart on Access to Federal and State Public Benefits for Battered Immigrant Spouses and Children of U.S. Citizens or Lawful Permanent Residents (+)
This is a flowchart pertaining to abused family members’ access to federal and state public benefits, including services necessary to protect life and safety.
[pdf] Flowchart on Access to Federal and State Public Benefits For U-Visa Victims (+)
This is a flowchart on U-Visa victims’ access to federal and state public benefits, including services necessary to protect life and safety.