Summer Learning Series for Housing Advocates Sponsored by the Texas Council on Family Violence.
Housing Rights for Immigrant Survivors
Immigrant survivors of domestic and sexual violence who rent their homes face considerable barriers in obtaining and maintaining safe, decent, and affordable housing. Also although immigrant survivors are legally eligible for shelter and transitional housing without regard to their immigration status, many have difficulty accessing transitional housing. This training session will provide an overview of the housing rights of survivors under the Violence Against Women Act, including admissions and eviction protections for survivors, and how advocates can assert a survivor’s rights to VAWA’s housing protections. The training will also outline immigrant survivor’s legal rights to access transitional housing and will describe how applying for survivor based forms of immigration relief increased access to public and assisted housing benefits with a particular emphasis on VAWA, T visa, continued presence and Special Immigrant Juvenile Status (SIJS) immigration relief. The training will discuss the immigration requirements for public and assisted housing programs run by HUD and other federal housing programs, and will answer common questions regarding immigrants who are trying to access federal housing programs, such as eligibility of mixed-status families, and VAWA self-petitioner or T visa victim eligibility. Attendees will also learn how to use NIWAP’s on-line public benefits map and state charts to identify all of the public benefits and services any individual survivor is eligible for in Texas. Participants will have an opportunity to ask faculty members questions.
Training Materials/Resources
List of Supporting Documents for the training
From NIWAP: If you are a victim advocate, attorney, judge, or other professional working with an immigrant victim and you would like to receive case specific technical assistance on access to publicly funded benefits and services that an immigrant crime victim or immigrant child would be eligible to receive in you state, please call NIWAP for technical assistance at (202) 274-4457 or email us at info@niwap.org. You can also visit the public benefits section of NIWAP’s web library.
To receive updates, sign up for NIWAP’s outreach list. You can elect NIWAP’s general outreach list to receive notices of trainings, webinars, new materials, resources and policies. Judges, court staff, law enforcement and prosecutors can sign up for lists exclusively open to staff working at one of these government agencies.
From the National Housing Law Project (NHLP): We provide training and technical assistance to survivor advocates, with expertise regarding requirements for federally subsidized housing programs. For more information, please visit our website, www.nhlp.org, and contact Kate Walz (kwalz@nhlp.org) or Renee Williams (rwilliams@nhlp.org) with training or technical assistance requests.
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
- State-Funded Public Benefits Comparison Chart (April 12, 2021)
Webinars
- Immigrant Access to Federally Funded Housing Webinar: Collaboration with the National Housing Law Project
- Public Benefits and Services Legally Available to Immigrant Children and Victims – What Courts Need to Know?
- 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)
- Healthcare: Understanding the Affordable Care Act and How it Affects Immigrant Survivors
- Yes We Can!: Public Benefits for Immigrant Survivors
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)
- Know Your Rights: Know Your Rights: Domestic and Sexual Violence and Federally Assisted Housing (Sept. 2018) (English and Spanish)
Public Benefits and Services for Immigrant Victims of Domestic and Sexual Violence Bench Cards
- 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
Overviews and Chapters, Multiple Benefits
- Public Benefits For Immigrant Survivors Toolkit
- Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status
- Anti-Discrimination Provisions that Apply to Programs Receiving Federal Funding Serving Victims of Violence against Women Crimes
- Chapter 16.1 Appendix: HHS Funded Programs Open to All Immigrants
- Chapter 16: Access To Programs And Services That Can Help Victims of Sexual Assault
- Chapter 04.1: Access to Programs and Services that Can Help Battered Immigrants
- Chapter 04.2: Public Benefits Access for Battered Immigrant Women and Children
- Chapter 4.3 Barriers to Accessing Services: The Importance of Advocates Accompanying Battered Immigrants Applying for Public Benefits
CARES ACT and COVID-19 Related Resources Accessible to Immigrant Victims
- Immigrant Crime Victim Access to Relief during the COVID-19 Crisis under the CARES and FFCRA Acts (May 20, 2020)
- Healthcare Available to Immigrant Crime Victims During the COVID-19 Pandemic
- Resources to Support Immigrant Survivors of Domestic Violence and Sexual Assault During the COVID-19 Pandemic
- Disaster Housing Recovery Coalition: Frequently Asked Question: Eligibility for Assistance Based on Immigration Status (May 5, 2020)
- Safe Housing Partnerships: Federal Safe Housing Funding Resources – CARES Act (April 22, 2020)
- Safe Housing for Immigrant Survivors: Legal Resource
- Tenant Rights of Domestic Violence Survivors During COVID – 19 (National Housing Law Project) (May 2020) (in the process of being updated)
- NHLP, Immigration Requirements: Other Assistance Programs for Housing and Homelessness (ESG, CDBG, HOME, FEMA, CRF, and ERAP) (updated January 2021)
- NHLP, NLIHC, & NILC, FAQ on Assistance Based on Immigration Status in a Variety of Housing Programs (April 2021) English version:
Public Charge and Immigrant Victims
- Public Charge Test for Benefits Flow Chart
- Infographic Public Charge Test for Housing Benefits (October 12, 2020)
- The Impact of the 2020 Public Charge Rule on Transitional Housing (July 9, 2020)
- Post-VAWA 2013: Immigrant Crime Victims and Public Charge
Only Certain Law Enforcement and Benefits Workers Under Limited Circumstances Are Required Under Federal Law to Report Immigrants to DHS
Housing – Shelter and Transitional Housing
- Joint Agency Letter On Shelters and Transitional Housing (Web Page August 12, 2016)
- Webinar-Immigrant Crime Victim Access to Federally Assisted Housing (February 22, 2017)
- HUD-HHS-DOJ Letter Regarding Immigrant Access to Housing and Services
- HUD, SNAPS, The Personal Responsibility and Work Opportunity Act of 1996 and HUD’s Homeless Assistance Programs (Aug. 16, 2016)
- NIWAP, Brochure for Transitional Housing
- NIWAP, Fact Sheet: Immigrant Access to Emergency Shelter and Transitional Housing (Oct.23, 2016)
Housing – Public and Assisted
- Access to Public and Assisted Housing VAWA Self-Petitioners –Webpage (January 26, 2017)
- HUD, Memo for Secretary Julian Castro from Tonya Robinson, Acting General Counsel re: Eligibility of Battered Noncitizen Self-Petitioners for Financial Assistance Under Section 214 of the Housing and Community Development Act of 1980 (Dec. 15, 2016)
- HUD, Notice PIH 2017-02 (HA), Violence Against Women Act (VAWA) Self-Petitioner Verification Procedures (Jan. 19, 2017)
- NHLP, Memo: HUD Housing Covered by Section 214 of the Housing and Community Development Act
- NHLP, Chart on Federally Assisted Housing and Immigrant Eligibility (Jan. 2018)
- NIWAP, How to Advocate for Public and Assisted Housing for Your Battered Immigrant or Trafficking Survivor Client (Feb. 8, 2017)
- NIWAP & Legal Momentum, HUD Programs and Immigrant Eligibility, Chapter 16.2 (Feb. 8, 2017)
Non-Work Social Security Numbers
- Obtaining Non-work Social Security Numbers Needed by VAWA Self-Petitioners to Maintain Public and Assisted Housing
- Request That SSA Issue A Non-Work SSN to a Benefits Eligible Immigrant (June 2014 – Washington State Sample)
- Social Security Administration Program Operations Manual System (POMS) (July 2017)
- Triagency Letter: Citizenship Immigration Status and Social Security Numbers
- Evidence Checklists for Work with Immigrant Survivors – Includes Benefits and Non-Work Social Security Numbers
- Obtaining Non-Work Social Security Numbers
Low-Income Housing Tax Credits
Low-Income Home Energy and Weatherization Assistance Programs
Legal Services Corporation Funded Assistance for Immigrant Victims
- 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)
- Permissibility of Providing Legal Services to Noncitizen Parents and Noncitizen Guardians of Children Seeking Special Immigrant Juvenile Status
- 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
- Driver’s License Documentation Requirements by State
- State-Funded Public Benefits Comparison Chart (April 12, 2021)
Education
- National Findings on University and College Responses to Foreign-Born Student Victims
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “M” Visa Holders
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “J” Visa Holders
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “F” Visa Holders
- Student Aid Eligibility – Title IV Aid for “Battered Immigrants-Qualified Aliens” as provided for in VAWA
- Federal Student Aid Handbook – Immigration Status Eligible Students
- Chapter 13: When Foreign Students or Their Family Members Are Sexually Assaulted: Immigration Implications of the Student and Exchange Visitor System
Health Care
- State-Funded Public Benefits Comparison Chart (April 12, 2021)
- Healthcare Access for Immigrants who are NOT Eligible to Access the Healthcare Exchanges
- Immigrants’ Access to Programs and Services Necessary to Protect Life and Safety and Post-Assault Health Care
- Pre-Natal Care for Immigrant Victims – All States
- Post Assault Healthcare and Crime Victim Compensation for Immigrant Victims and Children– All States
- Emergency Medicaid for Immigrant Victims – All States
- Coverage for Forensic Costs for Immigrant Victims – All States
- Chapter 17: Access to Health Care for Immigrant Victims of Sexual Assault
- Domestic Violence Factsheet: HHS
SNAP- Food Stamps
- State-Funded Public Benefits Comparison Chart (April 12, 2021)
- Supplemental Nutrition Assistance Program (SNAP): Guidance on Non-Citizen Eligibility
TANF