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.
Tag: Judges
[pdf] Immigrant Crime Victims and Public Charge: Post-VAWA 2013 (August 19, 2019) (+)
Information regarding immigrant crime victims and public charge in light of the VAWA 2013 statutory amendments. This article discusses how VAWA self-petitioners, VAWA cancellation of removal, VAWA suspension of deportation, battered spouse waiver, U visa and T visa applicants are exempt from the public charge ground of inadmissibility.
[pdf] Current State of VAWA and Trafficking Victim Protection Act Implementing Regulations and Policies (February 13, 2013) (+)
The following article provides an up-to-date list of VAWA statutory provisions for which no implementing regulations or policies have been issued. This list is followed by a consequent list of VAWA and Trafficking Victim
Protection Act (TVPA) regulations that were overruled by statute. This report ends with a list of
current regulations that do not reflect expansions of VAWA or TVPA protections that became
law subsequent to the issuance of the regulations.
[pdf] Eligibility Under the Affordable Care Act for Survivors of Domestic Violence, Trafficking, and Other Serious Crimes (+)
Eligibility Under the Affordable Care Act for Survivors of Domestic Violence, Trafficking, and Other Serious Crimes. As immigrant crime victims apply for legal immigration status under forms of immigration relief designed for immigrant crime victims, their access to health care and other public benefits grows. Which benefits a victim will qualify for will depend on the type of immigration status the victim is pursuing or has been granted. This document provides an overview of which immigrant victims become eligible for which benefits when in the process after filing for legal immigration status. Once an immigrant is considered to meet the federal law definition of lawfully present, they are eligible to purchase health care insurance via the exchange and become subject as well to the tax consequences of the individual mandate.
[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] Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases (September 12, 2015) (+)
This document details the range of behaviors that would constitute “battery or extreme cruelty” used by the Department of Homeland Security (DHS) and draws examples from decisions state court judges deemed abusive/domestic violence in granting civil protection orders and determining of family violence in family law cases.
[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.
[pdf] Federal Government’s Renewed Commitment to Language Access Obligations Under Executive Order 13166 (+)
Memorandum from the Attorney General to heads of federal agencies, general counsels, and civil rights heads regarding Executive Order 13166 language access obligations.
[pdf] Language Access Court Cases (+)
A letter to the Chief Justice/State Court Administrator from the Assistant Attorney General, Thomas E. Perez regarding court access for limited English proficient (LEP) individuals.
[pdf] Language Access Obligations Under Executive Order 13166 (+)
Memorandum from Attorney General, Department of Justice, to heads of department components regarding Executive Order 13166 language access obligations.
[pdf] NCSC, Serving Limited English Proficient (LEP) Battered Women: A National Survey of the Courts’ Capacity to Provide Protection Orders (June 30, 2006) (+)
This study explores the capacity of Limited English Proficient (LEP) petitioners to receive
orders of protection. It was carried out by using a multi-method study design that included a
national survey of courts, an intensive survey of a select group of courts and community-based
organizations within their jurisdictions, and the assessment of selected sites that can serve as
national models.
[pdf] NCSC White Paper: Improving the Courts’ Capacity to Serve Limited English Proficient Persons Seeking Protection Orders (+)
Improving court’s ability to serve limited English proficient (LEP) individuals who are seeking protection orders.
[pdf] Memorandum (7/2002) Re: Executive Order 13166 (Improving Access to Services for Persons with Limited English Proficiency) (+)
Memorandum from Assistant Attorney General, Ralph F. Boyd, Jr. to heads of federal agencies, general counsels, and civil rights directors regarding Executive Order 13166, improving access for limited English proficient (LEP) individuals.
[pdf] Operating Policies and Procedures Memorandum No. 97-7: Procedures for Identifying Potential Battered Spouse/ Battered Child Cases (+)
A memorandum about the operating policies and procedures for identifying potential battered spouse/ battered child cases from the office of the Chief Immigration Judge to all deputy chief immigration judges, all assistant chief immigration judges, all immigration judges, all court administrators, all judicial law clerks, and all court staff.