Webinar Description
The webinar addressed strategies for effectively representing individuals who are both dealing with the implications of immigration and facing workplace sex harassment. It also covered the basics of seeking immigration relief for victims of sexual harassment, sexual assault, and human trafficking; strategies for effectively representing immigrants and undocumented survivors of workplace sex harassment, including by crafting appropriate settlements and preparing for bias in juries and judges; and identifying and securing supportive services for immigrants dealing with sex harassment and other sexual violence.
National Women’s Law Center Webinar Page and Webinar Recording
Training Materials
Webinars
PowerPoint Presentations
Webinar PowerPoint Presentation
NIWAP Training Materials
NIWAP Materials
Dynamics & Barriers for Immigrant & Refugee Survivors
- Dynamics of Sexual Assault and the Implications for Immigrant Women
- Immigrant Victims of Sexual Assault: The Important Role of SART Teams
Legal Rights Overviews and Brochures
- Multilingual Materials for Victims and Advocates
- World Language Identification Guide: I Speak (Raksha)
- DHS Infographic: Protection for Immigrant Victims (January 12, 2017)
- Immigration Options for Victims of Crime – DHS Brochure
- Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa
- Pathways to Immigration Relief for Students (June 20, 2014)
Immigration Options for Immigrant Survivors of Domestic and Sexual Violence
The U and T Visas
- DHS Interactive Infographic on Protections for Immigrant Victims
- Immigration Options for Victims of Crime -DHS Brochure
- Blue Card: Screening Tool for Victims Who Qualify for Immigration Protective Relief (March 2, 2018)
- William R. Tamayo, Sexual Harassment and Assault in the Workplace: A Basic Guide for Attorneys in Obtaining Relief for Victims under Federal Employment Law
- Labor Charts: U Visa Certification in Employment Based Abuse Cases
- U Visa Certification and T Visa Declaration Toolkit for Federal, State and Local Judges, Commissioners, Magistrates, and Other Judicial Officers
- DHS U and T visa Law Enforcement Resource Guide for Federal, State, Local, Tribal and Territorial Law Enforcement Prosecutors, Judges and Other Government Agencies
- USCIS U Visa Certification Factsheet Q&A
- New DHS U Visa Bona Fide Policy Provides Earlier Access Deferred Action and Work Authorization To Applicants and NIWAP New Study Provides Evidence-Based Support for These New DHS Policies
- T Visa Application Flow Chart
- T Visa Quick Reference Guide for Judges
- T Visa Protections for Family Members
- T Visa Process Timeline with Background Checks
- U Visa Quick Reference for Judges (September 4, 2018)
- U-Visa Toolkit for Law Enforcement Agencies and Prosecutors
- U-Visa: “Helpfulness” Checklist
- State Laws
- U-Visa Flow Chart
- DHS Policy Answers to Law Enforcement Reasons for Not Certifying
- Understanding the Judicial Role in U-Visa Certification, American Journal of Family Law**
- Immigrant Women, Work and Violence Statistics
- US Department of Health and Human Services, Services Available to Victims of Human Trafficking
- DHS, Recognizing Human Trafficking Victims in the Courtroom
- USCIS, Immigration Remedies for Trafficking Victims
- 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)
- Tools for Advocates Assisting Immigrant Crime Victims in Immigration Cases
- Chapter 3.3 VAWA Self-Petition (2013)
- Chapter 10 U-Visas: Victims of Criminal Activity (2013)
- Human Trafficking and the T-Visa
- Chapter 08: Immigration Relief for Child Sexual Assault Survivors
- Chapter 13: When Foreign Students or Their Family Members Are Sexually Assaulted: Immigration Implications of the Student and Exchange Visitor System
- USCIS and Blue Campaign Continued Presence Pamphlet (February 28, 2020)
- Interim and Supportive Measures to Help and Protect Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking and Sexual Harassment (October 28, 2016)
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “F” Visa Holders (October 27, 2016)
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “J” Visa Holders (October 27, 2016)
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “M” Visa Holders (October 27, 2016)
U Visa Certification and State Court Discovery
Criminal
- What’s Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims
- VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information
- Certifying Early: When Should You Sign a U or T Visa Certification for a Victim?
- Quick Reference Guide for Prosecutors: U Visa and VAWA Confidentiality Related Case Law
Family and Civil Court Discovery
- Family Court Bench Card on VAWA Confidentiality
- VAWA Confidentiality Statutes, Legislative History and Implementing Policy (2.23.17)
- Three Prongs of VAWA Confidentiality
- Chapter 3 of Empowering Survivors: VAWA Confidentiality, History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections
- Utilizing VAWA Confidentiality Protections in Family Court Proceedings**
VAWA Confidentiality
- Three Prongs of VAWA Confidentiality
- Family Court Bench Card on VAWA Confidentiality
- Quick Reference: VAWA Confidentiality Protections: Quoting Statutes, Regulations and DHS Policies 3.29.19
- Interlineated statute
- Immigration and Customs Enforcement January 2018 Courthouse Enforcement Policy and VAWA Confidentiality Protections for Immigrant Crime Victims (January 31, 2018)
- VAWA Confidentiality Statutes, Legislative History and Implementing Policy (2.23.17)
- DHS Broadcast Message on New 384 Class of Admission Code Alerting Personnel of a Victim Protected by VAWA Confidentiality Protections
- Bench Card: DHS Enforcement Priorities Information for State Court Judges
- Courthouse Immigration Enforcement: Steps State Courts Are Taking (2018)
- Prosecutorial Discretion: Certain Victim, Witnesses and Plaintiffs
- New Department of Homeland Security Immigration Policies Released in 2021: Importance for Immigrant Survivors
Equal Employment Opportunity Commission Resources
- Find your nearest EEOC office
- How to contact EEOC Outreach and Education Coordinators:
- EEOC’s Questions and Answers: The Application of Title VII and the ADA to Applicants or Employees who Experience Domestic or Dating Violence, Sexual Assault, or Stalking
- EEOC’s webpage on Human Trafficking
- EEOC Combats Human Labor Trafficking
- EEOC’s U Visa Certification Procedures
- EEOC: What Should You Know Before You File a Charge
- EEOC: What You Should Know Before You File a Charge, LO QUE DEBERÍA SABER ANTES DE PRESENTAR UNA QUERELLA
- EEOC’s Youth@Work
- Youth@Work Fact Sheets in English and Spanish
- Youth@Work: Your Job… Your Rights… Your Responsibilities
- Youth@Work: Sexual Harassment is Against the Law
- Fact Sheet: Immigrants’ Employment Rights under Federal Anti-Discrimination Laws
- Fact Sheet: Sexual Harassment Discrimination
AEquitas Resources
- AEquitas’ website
- AEquitas webinar based on research by Colleen Owens, “A Study in Labor Trafficking: Modes, Means, and Methods of Organized Trafficking Operations”
- Human Trafficking Hotline statistics
- The Human Trafficking Legal Center
- Covenant House
Cases and Trafficking Articles
- EEOC v. Tortilleria, 758 F. Supp. 585 (E.D. Cal. 1991) (holding that undocumented workers are covered by Title VII of the Civil Rights Act of 1964 because the statute makes no distinction based on immigration status for workers in the U.S. and its territories).
- Stoll v. Runyon, 165 F.3d 1238 (9th Cir. 1999) (holding that an employee was entitled to equitable tolling because the effects of sexual harassment caused her failure to timely file complaint).
- EEOC v. Harris Farms, 2005 WL 2071741 (E.D. Cal. Aug. 25, 2005) (holding that retaliation supports claim for punitive damages in sexual harassment case involving rape).
- Chellen v. John Pickle Co., 446 F. Supp. 2d 1247 (N.D. Okla. 2006).
- EEOC v. Willamette Tree Wholesale, 2010 U.S. Dist. LEXIS 97380 (D. Or. July 8, 2010) (issuing protective order barring discovery into charging party’s immigration status, prior sexual history, and reasons for not reporting rapes to the police; in view of perpetrator’s threats to kill charging party and her siblings if she reported the rapes, she had good reason not to go to the police).
- EEOC v. Willamette Tree Wholesale, 2011 WL 886402 (D. Or. Mar. 14, 2011) (denying motion seeking partial summary judgment on timeliness grounds where court granted “equitable tolling” to allow lawsuit to go forward where charging party filed her EEOC charge 62 days past the deadline because charging party was so traumatized by the repeated rapes and threats to kill her and her family that she could not come forward to complain).
- Colleen Owens et al., Understanding the Organization, Operation, and Victimization Process of Labor Trafficking in the United States, URB. INST. (Oct. 2014),
- Dan Barry, The ‘Boys’ in the Bunkhouse, N.Y. TIMES (Mar. 9, 2014),
- Frontline: Rape in the Fields (PBS broadcast June 25, 2013),
- Frontline: Rape on the Night Shift (PBS broadcast Jan. 16, 2018),
- Jane Anderson & Daniel Strong, Forced Criminality: Understanding Human Trafficking through the Lens of Utah’s Victor Rax Case, POLICE CHIEF MAG. (Nov. 2020),
- Kelle Barrick et al., Labor Trafficking Victimization Among Farmworkers in North Carolina: Role of Demographic Characteristics and Acculturation, 2 INT’L J. RURAL CRIMINOLOGY 225 (2014),
- Laura Murphy, Labor and Sex Trafficking Among Homeless Youth: A Ten City Study (2017)
- Rebecca Clarren, The Green Motel, MS. MAG (Sept. 29, 2005)
- Sheldon Zhang et al., Estimated Labor Trafficking Among Unauthorized Migrant Workers in San Diego, 653 ANNALS AM. ACAD. POL. & SOC. SCI. 65 (2014)**
- William R. Tamayo, The Role of the EEOC in Protecting the Civil Rights of Farm Workers, 33 U. C. DAVIS L. REV. 1075 (2000)
- William R. Tamayo, The EEOC and Immigrant Workers, 44 U.S.F.L. REV, 253 (2009)
Public Benefits Interactive Maps and State Charts
- Interactive Public Benefits Map
- All State Public Benefits Charts
- A Guide to Public Benefits Map for Immigrant Survivors of Crime
Public Benefits and Services for Immigrant Victims of Domestic and Sexual Violence
- Public Benefits Flow Charts: VAWA Self-Petition and Cancellation, U-Visas, T-Visas, and SIJS
- Family Court Bench Card on Immigrant Crime Victim Access to Public Benefits and Services
- Bench Card on Trafficking Victim Benefits Eligibility Process
- Bench Card on U-Visa Victim Benefits Eligibility Process
- Bench Card on VAWA Public Benefits Eligibility Process
Legal Services Corporation Funded Assistance for Immigrant Victims
- Legal Services Access for All: Implementing the Violence Against Women Act of 2005
- Access to Publicly Funded Legal Services for Immigrant Survivors
- Legal Services Corporation Immigrant Representation Regulations 45 C.F.R. 1626, April 18, 2014
- Legal Services Corporation Program Letter 14-3
- Legal Services Corporation (LSC) Funded Legal Services Newsletter (June 2016)
- Webinar: “And Legal Services For All: New 2014 Legal Services Corporation Regulations Implementing VAWA 2005’s Immigrant Crime Survivors’ Access To Legal Services” (October 30, 2014)
Child Care
- Immigrant Crime Victim Child Care Access Chart
- Head Start Programs Memo
- Clarification of Interpretation of “Federal Public Benefit” regarding Child Care and Development Fund (CCDF) Services
Driver’s Licenses
Webinars
U-Visas
- Pro Bono Training Institute “U-Visa” Training Module (June 21, 2018)
- DHS U and T Visa Training Videos (September 25, 2013)
- Expert Advice for Judges: How to Handle U-Visa Certification and T Visaw Endorsement Requests (December 1, 2014)
- Battered Women’s Justice Program (BWJP) Assessing Helpfulness for Immigrant Crime Victims (April 10, 2015)
- Battered Women’s Justice Program (BWJP) Immigrant Crime Visas: Law Enforcement’s Tool to Strengthen Community Policing
- The U Visa as a Crime-Fighting Tool: How Certification Improves Domestic and Sexual Violence Investigations and Prosecutions (February 20 2020)
T Visas and Human Trafficking
Violence Against Women Act (VAWA) Self-Petition
- VAWA Self-Petition: Protections for Immigrant Survivors of Domestic and Sexual Abuse by Abusive Spouses and Parents (April 22, 2020)
- Auto-Petición VAWA: Protección para inmigrantes sobrevivientes de maltrato por parte de sus familiares que son ciudadanos o residentes permanentes (7 de mayo, 2020)
- Pro bono Institute “Violence Against Women (VAWA) Self-Petition” Training Module (June 18, 2018)