Velasquez v. Miranda Supreme Court of Pennsylvania (February 1 2024). NIWAP, represented by K & L Gates, filed an amicus brief on appeal from the judgement of the Superior Court of Pennsylvania dated June 20, 2023. The amicus brief argues that any confusion regarding the role of Pennsylvania courts in the process of obtaining SIJ […]
Dynamics, Culture, & Safety > Best Practices and Collaborations
Topic: Best Practices and Collaborations
[pdf] Why Using an Interpreter is Beneficial to Law Enforcement (August 21, 2016) (+)
This document outlines the benefits to law enforcement officers of identifying LEP persons language access needs at crime scenes and during criminal investigations. These benefits include improving officer and crime scene safety, improving the likelihood of a successful prosecution, and ensuring that officers fully capture helpful statements from victims and witnesses.
[pdf] Training Materials for Victim Advocates and Attorneys (11.28.23) (+)
Training materials for family lawyers, prosecutors, and state family, civil and criminal court judges assisting immigrant crime victims Topics include: U visas, T visas, Family Law cases, VAWA Self-Petitions, VAWA Confidentiality, Public Benefits, Best Practices, Language Access, Webinars, Podcasts and more.
[pdf] Portland Law Enforcement & Prosecutors PowerPoint Presentation (October 4, 2023) (+)
[pdf] NIWAP PDX Faculty Bios (October 4, 2023) (+)
[pdf] Portland Law Enforcement & Prosecutors Training Materials List (October 4, 2023) (+)
[pdf] Portland Law Enforcement & Prosecutors Agenda (October 4, 2023) (+)
[pdf] Portland, OR Training Flyer (October 3-5, 2023) (+)
[pdf] NIWAP PDX Faculty Bios (October 5, 2023) (+)
[pdf] Portland Advocates & Attorneys PowerPoint Presentation (October 5, 2023) (+)
[pdf] Portland Advocates & Attorneys Agenda (October 5, 2023) (+)
[pdf] Rosen v. Ming Dai and Rosen v. Alcaraz (January 11 2021) Supreme Court of the United States (+)
Rosen v. Ming Dai and Rosen v. Alcaraz (January 11 2021) Supreme Court of the United States. NIWAP assisted Jenner &
Block LLP in developing and securing social science support in a brief filed to the Supreme Court of the
United States on the question of credible testimony. The brief explained the impact of trauma on memory
and ability to testify, other mental health conditions’ impact on memory and credibility, and credibility
compared to truth.
[pdf] Workshop 4B – PowerPoint Presentation (August 2023) (+)
[pdf] Plenary IV – Materials List (August 2023) (+)
Plenary IV – Materials List (August 2023)
[pdf] Workshop 4B – Materials List (August 2023) (+)
Workshop 4B – Materials List (August 2023)
[pdf] Workshop 4A – Materials List (August 2023) (+)
[pdf] Workshop 3A – PowerPoint Presentation (+)
Workshop 3A – PowerPoint Presentation
[pdf] Workshop 2A – PowerPoint Presentation (August 2023) (+)
Workshop 2A – PowerPoint Presentation (August 2023)
[pdf] Workshop 1A – PowerPoint Presentation (August 2023) (+)
[pdf] ICJR Orientation with BWJP 12.14.20 (+)
During this webinar, we explored the wide range of topics and various ways NIWAP can support your work with immigrant survivors of domestic violence and sexual assault. We also discussed how you can hold offenders more accountable by using the U Visa certification as a crime-fighting tool, by enhancing domestic/sexual violence/stalking victim & community safety […]
[pdf] Appendix A – Remote Representation Project Timeline – CA Pilot (+)
[pdf] Community Policing Breaking Down Barriers – Michael LaRiviere (Sheriff & Deputy Magazine) (+)
Article “Breaking Down Barriers” by Michael LaRiviere, published at the Sheriff and Deputy Magazine, Vol. 7, issue 5. The article points out that sheriffs must work with immigrant communities and sign U visa certifications to ensure that crimes against the undocumented don’t go unreported.
[pdf] National Survey of Service Providers on Police Response to Immigrant Crime Victims, U Visa Certification and Language Access (April 16, 2013) (+)
This report explores police responses to immigrant victims of crime from the perspectives of various service providers, including legal services, pro bono attorneys, social service organizations, domestic violence/sexual assault programs, law enforcement and prosecutors’ offices. The data presented are based on the results of a nationwide survey of organizations serving immigrant victims of domestic violence, sexual assault and human trafficking. We assess the effect that a history of ongoing collaboration between victim and legal services agencies and law enforcement has on U Visa certification practices and language access to the justice system. The paper also examines the experiences of working with Limited English Proficiency (LEP) clients and language access in the field and during legal procedures. A key focus of this paper is to identify factors that support improved access to culturally and linguistically appropriate resources and services, including the identification of systemic barriers that impede access.
[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] Anticipating and Protecting Immigrant Survivors’ Privacy Interests (December 2016) (+)
Slides from workshop presentation.
[pdf] Language Identification Card “I speak…” (May 2019) (+)
This language identification guide is a tool for law enforcement and other criminal justice agencies to identify the language of individuals they encounter who do not speak English. I Speak was adapted by Raksha, Inc and Tapestri, Inc through a grant with Dekalb Magistrate’s Court’s Compliance Court Project. It is based on the I Speak booklet created by a partnership effort of the Bureau of Justice Assistance and the Ohio Criminal Justice Service. This adaptation of the I speak guide contains the many more languages than other versions of this important I speak tool. (May 2019)
*Best Practices for Advocacy-Initiated Response (AIR) working with Immigrant Crime Victims
Protections for Immigrant Victims DHS U and T Visa Law Enforcement Resource Guide Blue Card: Screening Tool for Victims Who Qualify for Immigration Protective Relief U Visa Toolkit for Law Enforcement Agencies and Prosecutors Multilingual Materials
[pdf] Law Enforcement and Prosecution Best Practices: Immigrant Crime Victims, Language Access and the U Visa (+)
March 17, 2017: Honolulu, HI “Best Practices: Immigrant Crime Victims, Language Access and the U and T Visa”
The law enforcement training covered the best practices and recommendations based on Department of Homeland Security (DHS) regulations, policies and training materials on U and T visa certification and included a discussion of the benefits for law enforcement and prosecutors in following DHS’s recommendations for certification early in the case including in cases that are […]
[pdf] Exploring Social Cultural and Faith Communities as Allies Powerpoint (+)
Exploring Social Cultural and Faith Communities as Allies Powerpoint
[pdf] Resource Guide: Supporting Undocumented Youth (2015) (+)
A guide for success in secondary and post-secondary settings
*Breaking Barriers Table of Contents
Breaking Barriers is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of domestic and family violence. This Manual provides a detailed overview explanation of immigrant survivors’ legal rights under immigration, family, public benefits, and criminal laws and their rights to […]
[pdf] Building Trusting Relationships: A Guide for Advocates/Attorneys Working With Law Enforcement On U-Visa Certification Issues (+)
A flowchart of options for advocates and attorneys that seek to collaborate with LE on U-Visa certification cases. This flowchart describes how to build a trusting relationship as an advocate or attorney working with law enforcement on u-visa certification issues.
[pdf] Case Study: The Significance of Collaboration (+)
Case study of Lorena.
[pdf] Barriers and Successes in U Visas for Immigrant Victims: The Experiences of Legal Assistance for Victims Grantees (July 23, 2014) (+)
The paper focuses on problems, successes, and creative solutions reported by attorneys and advocates working with immigrant victims eligible to receive crime victim U visas under federal immigration laws. Victims applying for U visa immigration relief must, under current law, submit a U visa certification signed by the head of a law enforcement agency, prosecutor, judge, or other government official with their U visa application. This research provides information regarding effective strategies and best practices used by grantees that are successful in obtaining U visa certification. The systemic barriers that immigrant victims and their advocates encounter when working with U visa are also discussed, along with creative solutions grantees are using to overcome these barriers.
[pdf] Chapter 01.2: Collaboration, Confidentiality, and Expanding Advocacy (+)
This chapter (1.2) discusses best practice for collaborations between victim advocates and attorneys and justice system personnel, particularly law enforcement. These collaborations are best practices for effectively serving immigrant survivors of domestic and sexual violence.
[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] U-Visa Legal Advocacy: Overview of Effective Policies and Practices (December 12, 2013) (+)
This policy brief provides an overview of successful collaborations that lead to improved access to U visa certification for immigrant crime victims. A review of the experiences reported by grantee organizations of the Legal Assistance for Victims (LAV) Program, administered by the Office on Violence Against Women (OVW) found that successful collaborations with law enforcement agencies that grantees built over time, working on a range of domestic violence and sexual assault issue, led to more positive outcomes for immigrant survivors seeking U visa collaborations. This policy brief contains illustrations and recommendations for best practices for building sustainable collaborations that benefit law enforcement, immigrant victims, advocates, attorneys and the communities.
[pdf] Immigrant Crime Victims Legal Bibliography (+)
Bibliography of legal journal articles and legal publications related to the legal rights of immigrant victims of domestic violence, sexual assault and human trafficking through 2013.
[pdf] Advocate’s Guide to Immigrant Survivors’ Rights and Protections (February 23, 2015) (+)
A guide for advocates and attorneys on immigrant survivors rights if they become the subject of immigration enforcement. This tool helps advocates providing advise to immigrant victims of domestic violence and sexual assault about steps both the immigrant crime victim and the advocate/attorney should take should the victim become the subject of an immigration enforcement action.
[pdf] Immigrant and Limited English Proficient Victims’ Access to the Criminal Justice System: The Importance of Collaboration (April 30, 2013) (+)
Fact Sheet highlighting findings from a national survey NIWAP conducted documenting immigrant crime victims’ experiences when they called the police for help in domestic violence, sexual assault and human trafficking cases. The findings provide data on the use of qualified interpreters at crime scenes by police and law enforcement barriers to U visa certification. In communities where established collaborative relationships between law enforcement and victim advocates and attorneys existed, law enforcement was significantly more likely to sign U visa certifications and more likely to provide language assess for limited English proficient crime victims at crime scenes.
[pdf] The Importance of the U-visa as a Crime-Fighting Tool for Law Enforcement Officials (December 3, 2012) (+)
The U-visa has become an important crime fighting tool that helps law enforcement officials, including police, sheriffs, and prosecutors across the country to build trust with immigrant crime victims and their communities. In this report, law enforcement officials describe the ways in which the U-visa has helped them in detecting, investigating, and prosecuting crime in their communities. (December 13, 2012).
[pdf] Understanding and Participating in State Level Policy Advocacy (+)
This guide is a tool for advocates and attorneys working at the state and national levels on public policy advocacy to secure reforms in laws, policies and practices that improve access to justice, help, and services and to expand legal options for survivors of domestic violence and sexual assault. Describes as step by step approach to working toward policy and law reform with a particular emphasis on building relationships and cross disciplinary collaborations that are essential to securing change now and in the future.
[pdf] Sexual Assault Response Team: SART Handbook (+)
The Sexual Assault Response Team (SART) handbook was developed by the Oregon Attorney General’s Sexual Assault Task Force and was updated by the Oklahoma Office of the Attorney General. This is a national curriculum that provides basic and intermediate information on sexual assault dynamics, law enforcement response, preliminary investigation, victim interviewing and evidence collection and use. It also contains a discussion of best practices for collaboration and a coordinated community response to sexual assault.
[pdf] Advocacy to Improve Services for Battered Migrant and Immigrant Women Living in Rural Communities (+)
This manual aims to enhance the ability of women in rural areas who are survivors of domestic violence to become leaders against domestic violence in their communities. Trained survivors are effective advocates who can educate others about domestic violence and can provide advocacy to ensure that battered farm worker women can access the broad range of legal and social services available to help battered women. This advocacy and support is needed to ensure that police, courts, shelters, public benefits, immigration and health care systems do not fail farm worker battered women who are legally entitled to help. Most employees working in these systems are unaware of the special legal protections available to battered immigrant women and farm worker women.
**NOTE: This manual has not been updated to include law changes occurring since the manual was first published in 2004. Please see other materials in this web library for up to date information on immigration, public benefits, health care and legal services assistance and relief for immigrant survivors.
[pdf] Women Immigrants and Domestic Violence (+)
Paper presented at a symposium convened by the Woodrow Wilson International Center for Scholars entitled Women’s Rights in Theory and Practice: Employment, Violence and Poverty, May 21-22, 2002. Discussing the demographics of immigrant women in the United States and the importance that services providers, advocates and attorneys learn how to provide culturally appropriate assistance to diverse immigrant victims, the significance of fear of deportation as a barrier, and the importance of identifying and working with survivors the continuum of violence immigrant survivors experience.
[pdf] Overcoming Cultural Barriers in Working With Immigrant Battered Women (+)
Describes cultural barriers battered immigrants face when seeking help from advocates and attorneys and tips for using open-ended questions and good listening skills. By creating an environment in which each battered immigrant feels safe to describe their needs, concerns and fears from withing the victim’s own cultural context advocates and attorneys can use an approach that will be effective in serving immigrant victims from varying cultures, immigration statuses and linguistic backgrounds.