Cazorla v. Koch Foods of Mississippi, (October 22 2015) United States Court of Appeals, 5th Circuit. NIWAP, represented by Procopio, Cory, Hargreaves & Savitch, LLP, Arnold and Porter, Latino Justice PRLDEF, was the lead Amicus in the first case to reach the U.S. Courts of Appeals on the (VAWA) immigration confidentiality protections. In this workplace sexual assault case brought by the EEOC the employer is attempting to obtain through civil court discovery receive copies of and/or information contained in victim workers’ U visa cases filed with the U.S. Department of Homeland Security that under federal law are to receive VAWA confidentiality protection.
Dynamics, Culture, & Safety > Workplace Sexual Assault
Topic: Workplace Sexual Assault
[pdf] Chrismy Sagaille v. Christina Carrega, Supreme Court of New York (August 10 2020) (+)
Chrismy Sagaille v. Christina Carrega (2020) Supreme Court of New York, Appellate Division. NIWAP assisted the National Women’s Law Center providing expertise on immigrant survivors’ experiences with sexual assault and signed on to an amicus brief filed in the Supreme Court of New York, Appellate Division. This amicus was filed on behalf of a number of women’s groups protecting sexual assault survivors from retaliatory defamation suits by their named assailants. (August 10, 2020).
[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] 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] 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
[pdf] U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FACT SHEET: SEXUAL HARASSMENT (+)
Fact sheet from the U.S. Equal Opportunity Commission on sex discrimination in the workplace in the form of sexual harassment.
[pdf] Slides: Screening for and Responding to Sexual Violence in the Workplace (+)
Training on response to and legal rights of immigrant victims of sexual assault in the workplace.
[pdf] Immigrant Women, Work, and Violence Statistics (2015) (+)
This document collects, reports, and summarizes research findings regarding immigrant women, work, and violence.
[pdf] SEXUAL VIOLENCE IN THE WORKPLACE: CASE STORIES (+)
Presents case stories on sexual violence in the workplace
[pdf] What Is Workplace Sexual Violence (+)
A fact sheet on workplace sexual violence.