This article by Dorchen Leidholdt discussed the intersection of human trafficking with domestic violence relationships. It discusses how “understanding the domestic violence/trafficking connection is not only useful to
judges and court personnel in identifying victims and understanding the nature and effects of their ordeal. It can also be valuable in understanding the kind of assistance victims need and where help is available. Courts increasingly are taking steps to ensure that victims obtain assistance and are referring them to service.”
providers.
Topic: Dynamics, Culture, & Safety
Materials and various tools and best practices regarding dynamics, culture, and safety.
Narrow your search:
- Dynamics of Violence Against Immigrant Women and Children
- Interviewing & Safety Planning
- State STOP FVPSA VOCA Administrators
- Demographics
- Best Practices and Collaborations
- Migration, Acculturation, Integration Immigrant Women
- Workplace Sexual Assault
- Dynamics of Sexual Assault
- Trauma-Informed Assistance
- Dynamics of Stalking
- Domestic Violence
- Child Abuse/Incest
- Physical Health
- LGBTQ+
- Adoption
- Underserved Populations
- Abusive Speech and the First Amendment
- Economic Abuse
- Duration Residency Requirement
- Sexual Assault Defamation Liablity
- Mental Health
[pdf] Agriprocessors Postville, Iowa, (December 8 2008) Court of Appeals Eighth Circuit (+)
Amicus brief filed for the reversal of the decision by the Court of Appeals from the Eighth Circuit in the case of the Immigration and Customs Enforcement (ICE)’s workplace raid at the Agriprocessors meatpacking plant in Postville, Iowa. ICE demonstrated the practical effects of failing to require knowledge of the defining element of 18 US.C. § 1028A—whether the identification at issue is “of another person.” In Postville, the crime of aggravated identity theft, which carries a two-year mandatory sentence enhancement, was stretched to reach immigrant workers with low levels of culpability. The Eighth Circuit’s reading produced arbitrary results. These arbitrary results were not necessary, as Congress’s false document scheme provides for independent and flexible punishment when immigrants knowingly use false documents. By extending the charge of aggravated identity theft beyond its intended bounds, the Eighth Circuit’s reading of 18 U.S.C. § 1028A contravened the bedrock criminal law principle that punishment should be calibrated to culpability. This brief argues that the Court should therefore limit its interpretation of the knowledge requirement in 18 U.S.C. § 1028A to reinforce the link between culpability and punishment and avoid undermining Congress’s immigration law.
[pdf] Hawke v. Department of Homeland Security, the United States District Court for the District of Northern California (May 23 2008) (+)
Hawke v. Department of Homeland Security, the United States District Court for the District of Northern California (September 29, 2008). Filed an amicus brief discussing the history and purpose of VAWA Confidentiality created in 1996 (expanded in 2000 and 2005) as Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). In this case of first impression, the Court clarified that VAWA confidentiality provisions protect victims filing for VAWA immigration relief even if the case is ultimately denied when such denials were not based on the merits. Procedural denials or withdrawals of applications continue to receive the full scope of VAWA Confidentiality eligible protection. (Morgan, Lewis, Pro Bono)
[pdf] In the Matter of M.A. (March 23 2020) Board of Immigration Appeals (+)
In the Matter of M-A. (2020) Brief filed with the Board of Immigration Appeals. NIWAP was lead amicus in an appeal to the Board of Immigration Appeal in a case of first impression challenging an Immigration Judge’s denial of VAWA cancellation of removal to an LGBTQ+ immigrant victim of spouse abuse who suffered multiple VAWA confidentiality violations including Immigration and Custom’s Enforcement informing the court they planned to call the perpetrator as a witness, submitting an affidavit by the perpetrator that the immigration judge relied upon to deny the victim VAWA cancellation of removal, the immigration court failing to remove the victim’s case from the publicly available computer system and numerous other VAWA confidentiality violations. The brief provided detailed legislative, regulatory and policy history on VAWA confidentiality and discussed each of the numerous VAWA confidentiality violations occurring in this case by Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, the immigration judge and the immigration courts. (March 24, 2020)
[pdf] Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo (August 14 2023) Supreme Court of the State of New Mexico (+)
Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo Emergency petition for writ of superintending control to the New Mexico Supreme Court in a sexual assault case in which a state court judges ordered U visa applicant victims to turn over in criminal court discovery information contained in the victim’s VAWA confidentiality protected case in violation of federal law. NIWAP is being represented in this appeal by Skadden, Arps, Slate, Meagher & Flom LLP; (June 27 2023)
[msword] Perales-Cumpean, Amicus Brief Board of Immigration Appeals, U.S. Court of Appeals 10th Circuit (October 16 2003) (+)
Perales-Cumpean, A76 386 969, Board of Immigration Appeals (2001), U.S. Court of Appeals 10th Circuit (2003). Amicus brief discussing the any credible evidence standard and the definition of battery or extreme cruelty in an immigrant victim’s Violence Against Women Act suspension of deportation case (National immigration Project of the National Lawyers Guild, BIA, Arnold and Porter, Pro Bono 10th Circuit)
[pdf] Aguilar-Jimenez Board of Immigration Appeals (2002) (+)
Aguilar-Jimenez, Board of Immigration Appeals (2002). Amicus brief discussing the “extreme cruelty” and “extreme hardship” standards in the context of requests for suspension of deportation under VAWA, specifically that extreme cruelty includes the psychological and emotional abuse imposed on a child who is forced to watch as a parent is battered by another parent. (Crowell and Moring Pro Bono)
[pdf] Rosalina Lopez-Umanzor Board of Immigration Appeals and the U.C. Court of Appeals for the 9th Circuit (2004) (+)
Rosalina Lopez-Umanzor, Board of Immigration Appeals (2004) and the U.C. Court of Appeals for the 9th Circuit (2004). Amicus briefs discussing violations of a victim’s due process rights when an immigration judge denies the victim the opportunity to present expert testimony on domestic violence in a cancellation of removal case and presenting social science data that influences how judges should make credibility determinations in VAWA cancellation of removal cases (Kirkpatrick and Lockhart, Pro Bono 9th Circuit, O’Melveny and Myers, Pro Bono BIA).
[pdf] Obiaga and Berrocal v. Ashcroft, (2005) U.S. Court of Appeals 9th Circuit (+)
Obiaga and Berrocal v. Ashcroft, U.S. Court of Appeals 9th Circuit (2005). Amicus brief discussing any credible evidence rules and extreme cruelty in VAWA Cancellation of Removal cases. (National Immigration Project of the National Lawyers Guild).
[pdf] Nvart-BIA-Appeal-Brief-1 (+)
Nvart Idinyan (formerly Nvart Huckfeldt), Board of Immigration Appeals (2005). Amicus was filed in support of immigration judges finding that plaintiff qualified for cancellation of removal under VAWA and refuting DHS assertion that once a victim reached a “safe house” she should no longer have access to VAWA provisions. (Crowell and Moring, Pro Bono)
[pdf] Kewan, U.S. Court of Appeals for the 9th Circuit (2005) (+)
Kewan, U.S. Court of Appeals for the 9th Circuit (2005). Amicus brief discussing research data and the dynamics of domestic violence against male victims and VAWA’s gender neutrality offering protection to both male and female victims. (Northwest Immigrant Rights Project)
[pdf] Sanchez v. Gonzalez, Amicus Brief U.S. Court of Appeals for the 7th Circuit (November 8 2006) (+)
Sanchez v. Gonzalez, U.S. Court of Appeals for the 7th Circuit (2006). Amicus brief discussing the Violence Against Women Act’s legislative history and purpose and the special motion to reopen provisions designed for immigrant victims filing VAWA cancellation of removal cases. The trial court and BIA failed to offer Sanchez access to VAWA’s motion to reopen provisions. Additionally, Sanchez’ trial counsel was unfamiliar with VAWA’s special rules and provided Ms. Sanchez with ineffective assistance of counsel. (K&L Gates, Pro Bono).
[pdf] Ramirez Amicus Brief in Support of Appeal, Board of Immigration Appeals (January 26 2007) (+)
Ramirez-Avila, Board of Immigration Appeals (2007). Amicus brief discussing the Violence Against Women Act’s lesser extreme hardship standard and the approach to be taken in VAWA cancellation of removal cases with regard to good moral character. (Arnold and Porter, Pro Bono).
[pdf] Cabezas (2010) US Citizenship and Immigration Service Administrative Appeals Office (+)
Esteban Cabezas is an appeal to the United States Citizenship and Immigration Services Administrative Appeals Office (2010) of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigration related abuse and the role this abuse plays as part of a pattern of extreme cruelty. (Andrew Taylor, Pro Bono)
[pdf] Alabama Demographics (updated September 27, 2023) (+)
Basic demographic information on immigrant population in Alabama – 2021 Data. Updated September, 2023
[pdf] Leiva-Mendoza v. Holder (April 22 2011) United States Court Of Appeals For The 8th Circuit (+)
Leiva-Mendoza v. Holder, United States Court Of Appeals For The 8th Circuit (April 2 2011) discusses how a child’s witnessing of serious domestic violence perpetrated against their parent is a basis for granting VAWA cancellation of removal to children who witness domestic violence perpetrated against their parent even in cases in which the children have not themselves been abused. This amicus brief provided the court with the relevant research data on harm to children of witnessing abuse in the home and argued that requiring proof of “actual harm” to the child is not required to prove “extreme cruelty.”
[pdf] Stalking Behaviors Targeting Immigrant Victims (August 16, 2023) (+)
This resource was developed by SPARC working in collaboration with NIWAP to provide a check list of stalking behaviors that are often present in stalking cases involving immigrant stalking victims and survivors. Stalking of immigrant victims includes a wide range of threatening and disturbing behaviors that can be classified into four categories: Surveillance, Life invasion, Intimidation, and Interference through sabotage or attack (SLII). NIWAP’s time on this publication was supported by the State Justice Institute Grant No. SJI-22-T-037.
[pdf] Workshop 4B – PowerPoint Presentation (August 2023) (+)
[pdf] Domestic Violence and Involuntary Servitude as Human Trafficking (August 17, 2023) (+)
This document summarized new DHS policies describing how human trafficking in the form of involuntary servitude occurs and the proof that can be offered to demonstrate that a domestic violence or child abuse victim has also been subjected to human labor trafficking by their domestic violence or child abuse perpetrators. Human trafficking can and does occur within families and this tool will help judges, family lawyers, prosecutors and victim advocates identify it, document it, and make findings about its existence in court orders. By identifying human labor trafficking occurring within families immigrant victims gain a faster path to legal immigration status and greater access to public benefits and services than if courts, attorneys and victim advocates fail to identifying labor trafficking occurring within families.
[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 4A – PowerPoint Presentation (August 2023) (+)
Workshop 4A – PowerPoint Presentation (August 2023)
[pdf] Workshop 3A – PowerPoint Presentation (+)
Workshop 3A – PowerPoint Presentation
[pdf] Plenary III – PowerPoint Presentation (August 2023) (+)
[pdf] Workshop 2C – Materials List (August 2023) (+)
Workshop 2C – Materials List (August 2023)
[pdf] Workshop 2A – Materials List (August 2023) (+)
[pdf] Workshop 2A – PowerPoint Presentation (August 2023) (+)
Workshop 2A – PowerPoint Presentation (August 2023)
[pdf] Workshop 1A – PowerPoint Presentation (August 2023) (+)
[pdf] Plenary I – Materials List (August 2023) (+)
[pdf] Plenary I Investigating and Prosecuting Stalking Cases Involving Immigrant Victims- PowerPoint Presentation (August 2023) (+)
[pdf] Herramienta para defensores y abogados para desarrollar la historia de un/a sobreviviente: Enfoque informado por el trauma. (Advocate’s and Attorney’s Tool for Developing a Survivor’s Story: Trauma Informed Approach – Spanish (4/24/23) (+)
La historia de un/a sobreviviente es uno de los elementos de prueba más importantes que se presentan con las solicitudes de visa VAWA, U y T, y por lo tanto estas solicitudes son diferentes a las demás solicitudes de inmigración. Esta es una oportunidad para que los funcionarios del Departamento de Seguridad Nacional (DHS, por sus siglas en inglés) oigan las palabras del/de la sobreviviente, en su propia voz. Al leer la historia del/de la sobreviviente, el lector — en última instancia, el funcionario de DHS — debe poder entender y sentir lo que sintió el/la sobreviviente después de haber sido sometido/a al abuso o victimización por la delincuencia.
[pdf] Trauma-Informado Cuestionario para Entrevistas para Casos de Inmigración (Spanish) Trauma Informed Structured Interview Questionnaires for Immigration Cases (SIQI) (24 Abril 2023) (+)
Los siguientes cuestionarios se proveen para facilitar la Entrevista estructurada informada por experiencias de trauma (SIQI, por sus siglas en inglés). Durante la sesión para formar la historia, se recomienda que el/la cliente comparta su historia sin interrupción mientras que los defensores y abogados escuchan atentamente, toman notas, y notan los desencadenantes de la victima. Esta técnica está diseñado para ser utilizada durante entrevistas subsecuentes con los clientes. Este Cuestionario de entrevista estructurada para casos de inmigración (SIQI) ayudará a los defensores y los abogados en obtener información detallada adicional para fortalecer los casos de inmigración de sus clientes, y también resultará en una imagen completa del trauma y la angustia sufridos por los sobrevivientes. Las preguntas incorporan el enfoque basado en el trauma a base de evidencias que los proveedores de atención en salud mental usan, y que la investigación en ciencias sociales ha concluido que facilita el saneamiento del/de la cliente.
[pdf] NCJFCJ – How To Gather Tech Abuse Evidence (2023) (+)
Publication developed by the National Council of Juvenile and Family Court Judges, the National Network to End Domestic Violence and the Resource Center on Domestic Violence: Child Protection and Custody discussing how to gather technology abuse evidence to submit in a court case.
[pdf] SPARC: Stalking and Technology-Infographic (2023) (+)
SPARC (Stalking Prevention Awareness Resource Center) developed this infographic which presents data on how many offenders stalk both in-person and using technology in order to surveil, contact, intimidate, sabotage, isolate, and otherwise frighten their victims.
[pdf] How to Prepare Your Case Through a Trauma Informed Approach: Tips on Using the Trauma Informed Structured Interview Questionnaires for Family Court Cases (SIQI) (April 27, 2023) (+)
Developing a survivor’s story is a critical component of preparing for any case in which a client has a
history of domestic violence, sexual assault, dating violence, and/or stalking. When working with immigrant
survivors applying for immigration relief as a result of the abuse, it is necessary to collect a detailed story to
submit as part of the immigration application.
[pdf] Trauma Informed – Structured Interview Questionnaires for Immigration Cases (SIQI)(April 27, 2023) (+)
The following questionnaires are provided to facilitate the Trauma Informed Structured Interview, which is the second part of the Trauma Informed Immigration Story Writing Intervention Method. During the story developing session, clients are encouraged to share their story uninterrupted while advocates and attorneys listen, take notes, and watch for triggers. This tool is designed to be used during follow up interviews with clients. This Structured Interview Questionnaire for Immigration (SIQI) will aid advocates and attorneys in eliciting additional in-depth information to strengthen their client’s immigration case and will also provide a complete picture of trauma and distress endured by survivors. The questions are designed to facilitate the client’s healing and to strengthen the client’s immigration application by uncovering important details of the story by screening for additional incidents, experiences, and emotional harms that contribute to extreme cruelty and/or substantial mental or physical abuse. Attorneys and advocates should explain the goals of this session to the client before initiating the trauma informed structured interview. This 2023 version incorporates questions helpful to assessing stalking behaviors and risk factors.
[pdf] Advocate’s and Attorney’s Tool for Developing a Survivor’s Story: Trauma Informed Approach (April 27, 2023) (+)
A survivor’s story is one of the most important pieces of evidence submitted with the VAWA, U, and T visa applications, which makes them different from other immigration applications. This is an opportunity for Department of Homeland Security (DHS) adjudicators to hear directly from the survivor, in his or her own voice. When reading the survivor’s story, the reader – ultimately, the DHS adjudicator – should be able to know and feel what the survivor felt after being subjected to abuse or crime victimization. The 2023 update includes questions to assess stalking behaviors and risk factors.
[pdf] NJN PowerPoint Presentation (April 4, 2023) (+)
[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] Immigrant Power and Control Wheel – Forms of Domestic Violence That Immigrant Women Experience (April 13,1996) (+)
The immigrant power and control wheel developed by Ayuda and Futures Without Violence and later updated by Legal Momentum. With power and control tactics used against immigrant women.
[pdf] Vicarious Trauma Webinar PowerPoint Presentation (January 31, 2023) (+)
[pdf] Mindfulness Training for Judges: Mind Wandering and the Development of Cognitive Resilience (2018) (+)
Mindfulness Training for Judges: Mind Wandering and the Development of Cognitive Resilience (2018), In Court Review Journal of the American Judges Association.
[pdf] Federal Judicial Center, Mindfulness and Judging (2016) (+)
Mindfulness and judging article produced by the Federal Judicial Center, author Judge Jeremy D. Fogel.
[pdf] SAMSHA Concept of Trauma and Guidance for Trauma Informed Approach (+)
[pdf] New Mexico DV Commissioner/Hearing Officer Seminar: Special Issues in Family/Children’s Court for Cases Involving Immigrants PowerPoint Presentation (November 4, 2022) (+)
[pdf] SPARC Judicial Officer Bench Card: Stalking (July 5, 2022) (+)
This bench card for state court judges developed by SPARC and NIWAP is designed to be used in conjunction with the Judicial Officer Guide for Responding to Stalking. This Bench Card covers: considering and identifying staking, assessing stalking, stalking tactics, establishing fear, risk factors, and best practices for court orders and findings including protection orders and bail conditions.
[pdf] SPARC Judicial Officer Guide: Responding to Stalking (July 5, 2022) (+)
This judicial officer guide developed by SPARC and NIWAP is designed to help state court judges identify, understand and assess the risks of stalking and stalking behaviors courts see evidence of in the family, civil and criminal cases over which judges preside. This resource discusses co-occurring and interconnected crimes and recommends how judges can document and make findings about stalking and coercive control in state court orders. This guide includes useful charts and tables including a comparison of stalking, coercive control, and battering or extreme cruelty (the immigration law definition of domestic violence). This resource is designed to be used together with the Judicial Officer Bench Card: Stalking.
[pdf] West Virginia Demographics (updated November 29, 2023) (+)
Basic demographic information on immigrant population in West Virginia – Data from 2021. Updated in 2023.
[pdf] Washington Demographics (updated November 29, 2023) (+)
Basic demographic information on immigrant population in Washington – 2021 Data. Updated 2023.
[pdf] Virginia Demographics (updated November 15, 2023) (+)
Demographic information of the immigrant population in Virginia. 2021 data. Updated in 2023.
[pdf] Vermont Demographics (updated November 15, 2023) (+)
Basic demographic information on immigrant population in Vermont – 2021 Data. Updated 2023.
[pdf] Utah Demographics (updated November 15, 2023) (+)
Basic demographic information on immigrant population in Utah – 2021 Data. Updated 2023.
[pdf] Texas Demographics (updated November 13, 2023) (+)
Basic demographic information on immigrant population in Texas – 2021 Data. Updated 2023.
[pdf] Tennessee Demographics (updated November 8, 2023) (+)
Basic demographic information on immigrant population in Tennessee – 2021 Data. Updated 2023.
[pdf] Rhode Island Demographics (updated November 8, 2023) (+)
Basic demographic information on immigrant population in Rhode Island – 2021 Data. Updated 2023.
[pdf] South Dakota Demographics (updated November 8, 2023) (+)
Basic demographic information on immigrant population in South Dakota – 2021 Data. Updated 2023.
[pdf] South Carolina Demographics (updated November 8, 2023) (+)
Basic demographic information on immigrant population in South Carolina – 2021 Data. Updated 2023.
[pdf] Amicus Brief Matter of MA (March 23, 2020) Board of Immigration Appeals (+)
The amici submit this brief in support of Respondent (“Mr. M.A.”) seeking reversal of the Executive Office for Immigration Review (“EOIR”) immigration judge’s October 17, 2019 decision denying Mr. M.A’s petition for (a) Violence Against Women Act (“VAWA”) cancellation of removal pursuant to Section 240A(b)(2) of the Immigration and Nationality Act (“INA”); (b) asylum pursuant to Section 208 of the INA; (c) withholding of removal pursuant to Section 241(b)(3) of the INA; and (d) protection under the Convention Against Torture, pursuant to 8C.F.R.§1208.16. Amici specifically submit this brief requesting the Board of Immigration Appeal (“Board”) to remedy the flagrant and egregious violations of VAWA’s confidentiality provisions that occurred in Mr. M.A.’s detention and removal proceedings. The Board should remedy these violations by terminating the present removal proceedings— a measure envisioned by Congress when it renewed the VAWA legislation in 2005 (see infra Sections III, IV), or, in the alternative, by reversing and remanding this matter to a different immigration judge.
[pdf] Appendix VIII – States with Peonage Mentioned in Other Statutes (December 29, 2021) (+)
Peonage laws vary from state to state. This chart catalogs state statutes that mention peonage and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s statute mentioning peonage. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes mentioning peonage. This chart will also assist attorneys and advocates working with peonage victims in identifying a more complete list of U visa qualifying criminal activities that peonage victims may also have suffered.
[pdf] Appendix VII – States with Peonage Statutes (December 29, 2021) (+)
Peonage laws vary from state to state. This chart catalogs state statutes on peonage and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s peonage statute. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes on peonage. This chart will also assist attorneys and advocates working with peonage victims in identifying a more complete list of U visa qualifying criminal activities that peonage victims may also have suffered.
[pdf] Appendix VI – States with Involuntary Servitude and Slavery (Slave Trade) in the State Constitution and in Statute (December 29, 2021) (+)
Involuntary servitude and slave trade laws vary from state to state. This chart catalogs states that have involuntary servitude and slave trade in the state constitution and in state statute and identifies potential U visa qualifying criminal activity that can fall within the relevant elements of the state’s constitution and statutes. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state constitutions and criminal statutes on involuntary servitude and slave trade. This chart will also assist attorneys and advocates working with involuntary servitude and slave trade victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude and slave trade victims may also have suffered.
[pdf] Appendix V – States with Involuntary Servitude Mentioned in Other Statutes (December 29, 2021) (+)
Involuntary servitude laws vary from state to state. This chart catalogs state statutes that mention involuntary servitude and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s statute mentioning involuntary servitude. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes mentioning involuntary servitude, and assist attorneys and advocates working with involuntary servitude victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude victims may also have suffered.
[pdf] Appendix IV – States with Involuntary Servitude Statutes (December 29, 2021) (+)
Involuntary servitude laws vary from state to state. This chart catalogs state statutes on involuntary servitude and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s involuntary servitude statute. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities, and assist attorneys and advocates working with involuntary servitude victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude victims may also have suffered.
[pdf] Appendix III- States With Slave Trade Statutes (Updated December 29, 2021) (+)
Slave trade laws vary from state to state. This chart catalogs state statutes on slave trade and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s slave trade statute. This chart also assists DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes on slave trade, and assists attorneys and advocates working with slave trade victims in identifying a more complete list of U visa qualifying criminal activities that slave trade victims may also have suffered. Part of the labor trafficking materials.
[pdf] Appendix II – States with Forced Labor Mentioned in Other Statutes (December 29, 2021) (+)
Forced labor laws vary from state to state. This chart will provide DHS U visa adjudicators with a tool to assist in adjudication of U visa cases filed by victims of workplace violence. These victims may be working with DOL, EEOC, or other state, local, or federal agencies in investigating and bringing enforcement actions against employers who perpetrate forced labor and other criminal
activities. Additionally, the chart will assist attorneys and advocates working with forced labor victims in identifying a more complete list of U visa listed qualifying criminal activities that slave trade victims may also have suffered.
[pdf] Appendix I – States with Forced Labor Statutes (Updated December 29, 2021) (+)
Forced labor laws vary from state to state. This chart will provide DHS U visa adjudicators with a tool to assist in adjudication of U visa cases filed by victims of workplace violence. These victims may be working with DOL, EEOC, or other state, local, or federal agencies in investigating and bringing enforcement actions against employers who perpetrate forced labor and other criminal
activities. Additionally, the chart will assist attorneys and advocates working with forced labor victims in identifying a more complete list of U visa listed qualifying criminal activities that slave trade victims may also have suffered.
[pdf] DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda Information for State Court Judges (December 27, 2021) (+)
The purpose of this bench card is to inform courts about DHS protections available to all immigrants who are litigants, crime victims, children or witness in court proceedings from immigration enforcement at courthouses. The bench card provides an overview of the forms of immigration relief created for immigrant survivors of crime and/or abuse, outlines DHS enforcement priorities, discusses how prosecutorial discretion will be exercised, describes which parents, children, family members, guardians, and other litigants will and will not likely be subject to immigration enforcement, discusses policies governing enforcement of civil immigration laws at courthouses, and presents information locations protected from immigration enforcement that will be useful to state court judges drafting visitation exchange, protection orders, criminal case bond orders and range other court orders.
[pdf] Birru v. Wilkinson 9th Circuit Court of Appeals (January 22, 2021) (+)
Aylaliya Assefa Birru v. Barr (January 11 2021) 9th Circuit Court of Appeals. NIWAP, represented by
Baker McKenzie, is lead amicus in a brief on behalf of an immigrant domestic
violence victim who is seeking relief under the Violence Against Women Act’s domestic violence victim
waiver in her VAWA cancellation of removal case. The Board of Immigration Appeals and the
immigration judge denied her the ability to present evidence of waiver eligibility.
[pdf] Customs and Border Protection (DHS), Report on the San Diego Sector Crime Victim Assistance Unit (2004) (+)
2004 Report on the success of the San Diego Sector’s Crime Victim Assistance Unit of the Bureau of Customs and Border Protection at the U.S. Department of Homeland Security.
[pdf] Rebecca Clarren, Ms. Magazine, The Green Motel (September 29, 2005) (+)
Ms. Magazine Article on sexual assault in the fields experience by immigrant farmworkers.
[pdf] Clara, Eduardo, and Juanita Hypothetical (June 15, 2021) (+)
[pdf] Executive Summary – Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status (June 8, 2021) (+)
Executive summary with recommendations for the Department of Homeland Security. This summary reports highlights from a national survey documenting the transformations that occur for immigrant survivors who become more resilient and stable after receiving formal protection from deportation through deferred action and are granted legal work authorization. The abstract and recommendations from the report can be accessed here: https://niwaplibrary.wcl.american.edu/pubs/transforming-lives-abstract-conclusions-recommendations and the full report is available at: https://niwaplibrary.wcl.american.edu/pubs/transforming-lives-full-report.
[pdf] Transforming Lives: How the VAWA Self-Petition and U Visa Change the Lives of Survivors and Their Children After Employment Authorization and Legal Immigration Status (June 8, 2021) (+)
Full research report from national survey in which 169 agencies working with over 11,000 immigrant survivors of domestic violence, child abuse, sexual assault, human trafficking and other criminal activities reported on how as survivors move through the immigration case process of filing for VAWA and U visa immigration relief, the lives of immigrant survivors and their children transform. This survey documents that after receipt of work authorization and formal protection from deportation through deferred action, the lives of immigrant victims and children improve exponentially. This research documents survivors’ resilience, and the stability and strength they are able to achieve when the fear of deportation subsides, victims can access better and more stable jobs, and have access to a wide range of victims services and public benefits. The executive summary of this report prepared for DHS is here: https://niwaplibrary.wcl.american.edu/pubs/exec-summary-transforming-lives and the abstract, conclusions and recommendations is available here https://niwaplibrary.wcl.american.edu/pubs/transforming-lives-abstract-conclusions-recommendations.
[pdf] Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Survivors and their Children After Employment-Authorization and Legal Immigration Status – Abstract, Conclusions and Recommendations (June 8, 2021) (+)
This document includes the abstract, conclusions and recommendations from the national survey research report Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status (April 12, 2021). The executive summary of the report can be accessed here: https://niwaplibrary.wcl.american.edu/pubs/exec-summary-transforming-lives and the full report us available here: https://niwaplibrary.wcl.american.edu/pubs/transforming-lives-full-report
[pdf] Understanding the Significance of a Minor’s Trauma History in Family Court Rulings (May 18, 2021) (+)
This fact sheet provides courts and overview of how children are affected by experiencing trauma including the trauma of domestic violence being perpetrated at home. Contains social and brain science research data.
[pdf] Judges’ Journal 2014 Domestic Violence – Impact on Children – Neuroscience (+)
[pdf] Access Exercise for Judges (March 31, 2019) (+)
Interactive exercise for judges on work with immigrant survivors.
[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 […]
*Coercive Control in Families, the Impact on Children and Extreme Cruelty (Presentation by Evan Stark)
On Friday, October 16, 2020, the Family Court Division and the Center for Education and Training hosted the 18th Annual Interdisciplinary Conference entitled: Coercive Control in Families and the Impact on Children. 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, […]
[pdf] Dutton Goodman coercive control model (+)
[pdf] Development and Validation of a Coercive Control Measure for IPV – Mary Ann Dutton (+)
[pdf] Cazorla v Koch Foods of Mississippi LLC (September 27, 2016) (+)
This document is for educational use only. In this case, the court was concerned that full discovery might intimidate individual claimants, compromise the U visa program, and law enforcement efforts more broadly. The Fifth Circuit directed the district court to craft an approach to discovery that ensures identifying information about individual victims was not revealed.
[pdf] UN Summit DV Covid Materials List 11.18.20 (+)
This materials list corresponds to the United Nations Working Group on COVID-19 training on November 19, 2020. It includes materials related to COVID-19 relief eligibility for immigrant victims of domestic violence, child abuse, sexual assault, stalking, and human trafficking.
[pdf] United Nations International Virtual Summit Presentation (+)
This presentation provides a 7 minute overview of the dynamics immigrant victims of domestic violence, child abuse, sexual assault, stalking, and human trafficking are encountering during the COVID-19 pandemic. It includes information on immigrant victims of crime’s eligibility for relief under COVID-19 legislation.
[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] MCADSV Immigrant and Refugee Services Roundtable (+)
This presentation includes a Q&A with NIWAP Director Leslye Orloff and NIWAP Deputy Director Rocio Molina. The presentation reviews current immigration crime victim relief as well as resources on COVID-19 and emerging issues in the field.
[pdf] COP Making it Work Remotely Presentation 9.22.2020 (+)
This presentation reviews the pandemic effect on family law practitioners and includes a strategies for working remotely and connecting with immigrant clients safely and effectively. This Community of Practice featured an attorney as well as judicial perspective during the discussion.
[pdf] Foreign-Born and Limited English Proficient (LEP) Populations Five Maryland Counties (June 9, 2020) (+)
This tool includes a breakdown of five Marlyand counties’ demographics updated on June 9, 2020. The five counties include: Montgomery, Prince George’s, Charles, Calvert, and St. Mary’s Counties in Maryland. This tool includes 3 charts: one of the citizens vs. noncitizens in MD, a breakdown of most common LEP languages in MD, and the demographics specific to each of the five MD counties listed above. This census data is compiled to inform service providers about the immigrant populations they serve and potential immigrant victims of crime they could encounter.
[pdf] Foreign-Born and Limited English Proficient (LEP) Populations in the District of Columbia (June 9, 2020) (+)
This tool includes a breakdown of DC demographics updated on June 9, 2020. This tool includes 3 charts: one of the citizens vs. noncitizens in DC, a breakdown of most common LEP languages in DC, and the demographics specific to each DC ward. This census data is compiled to inform service providers about the immigrant populations they serve and potential immigrant victims of crime they could encounter.
[pdf] Charles, St. Mary’s, Calvert Public Benefts Presentation (+)
This presentation provides an overview of dynamics and barriers immigrant survivors encounter. It also provides information on the full range of protections immigrant survivors of domestic violence, child abuse, sexual assault, stalking, and human trafficking are legally eligible to access. This training is specifically tailored to service providers to know how to assist immigrant and […]
[pdf] Rueda de poder y control inmigrante con descripción en inglés (Wheel of Power and Control with English Description) (+)
La Rueda de Poder y Control explica formas en las que la mujer experimenta el abuso doméstico. La explicación de la rueda y las tácticas de control usando contra mujeres inmigrantes son en inglés. The Wheel of Power and Control (in Spanish) explains forms of domestic violence women experience. This document explains (in English) the […]
[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] Gomez v. State_ 245 So. 3d 950 (1) (+)
The Florida Court denied discovery of the U visa file which was not in the state’s possession or control. Thus, the State had no obligation to produce it.
[pdf] People v. Alvarez Alvarez (California, 2014) (+)
[pdf] Vulnerable But Not Broken: Psychosocial Challenges and Resilience Pathways Among Unaccompanied Children From Central America (2018) (+)
Publication from the Immigration Psychology Working Group. Paris, M., Antuña, C., Baily, C. D. R., Hass, G. A., Muñiz de la Peña, C., Silva, M. A., & Srinivas, T. (2018).
Vulnerable but not broken: Psychosocial challenges and resilience pathways among unaccompanied children from
Central America. New Haven, CT: Immigration Psychology Working Group.
[pdf] National Immigrant Women’s Advocacy Project, Brochure (April 2019) (+)
Brochure describing NIWAP’s mission, vision and programs:
— Training: Capacity Building to Make Laws Effective
— Research: Transformation Through Documentation
— Policy: Amplifying Voices Through Advocacy
[pdf] October 2018 Newsletter – Clarifications on Medicaid and SNAP Eligibility and the 5-Year Bar (October 13, 2018) (+)
This issue includes: – Information for the Georgia Legal Services Program – No 5 Year Bar to Federally Funded Medicaid for Immigrants who Entered the U.S. before 8/22/1996 – New NTA Policy Memo Description – New Resources from NIWAP – Upcoming Conferences and Webinars