Topic: Family Law

Materials and best practices when working with family law cases for immigrants.

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[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.

Published September 22, 2020 by

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[pdf] COP Tax Issues for Survivors COVID-19 Presentation 7.8.20 (+)

This Community of Practice meeting features a special guest speakers: Clinical Professor of Law Director at Michigan State University Veronica Thronson, Visiting Associate Professor (Federal Tax Clinic) at Washington College of Law Jacqueline Lainez Flanagan, Director of the Low Income Taxpayer Clinic Joshua Wease, and Law Income Taxpayer Clinic Attorney Christina Wease. The presentation covers […]

Published July 8, 2020 by

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[pdf] COP COVID-19 Update Presentation 6.25.20 (+)

This presentation facilitated a discussion on adaptations to covid-19 by family law attorneys. NIWAP published a tool to evaluate immigrant victims’ of crime eligibility for relief under the CARES Act. This PowerPoint includes information on NIWAP’s covid-19 tool.

Published June 25, 2020 by

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[pdf] DC Family Law Presentation with OVSJG 8.25.2020 (+)

This PowerPoint corresponds to NIWAP’s training with DC OVSJG on family on August 25, 2020. This presentation includes information on how to implement family court litigation strategies that inform judges about the immigration related abuse and immigration remedies that protect victims. It also covers how to counter perpetrators’ attempts to use victim’s immigration status to […]

Published August 25, 2020 by

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[pdf] Charles, St Marys, Calvert, Counties Family Law Presentation 8.13.2020 (+)

This presentation addresses issues that arise in family law proceedings involving immigrant victims of domestic violence, child abuse, sexual assault, stalking, and human trafficking and their children. This presentation teaches family court litigation strategies that inform judges about the immigration related abuse and immigration remedies that protect victims. These strategies encompass countering perpetrators’ attempts to […]

Published August 13, 2020 by

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[pdf] Declaration of David B. Thronson Discussing Trauma and the Neurobiological Health and Well Being of Children (March 30, 2020) (+)

This Declaration was filed in U.S. District Court for the District of Columbia in O.M.G. vs Wolf on March 30, 2020. The Declaration discusses the dangers for children in DHS family detention centers, the risks posed by the COVID-19 pandemic and provides an excellent overview with social science research data support of the impact of trauma for immigrant children in their neurobiological, cognitive, and psychological development and children’s health and well-being. The affidavit also discusses the impact on immigrant children of the multiple traumas they have experienced across their lifetimes including both suffering abuse themselves and witnessing harms perpetrated on their parents. Additionally, the affidavit contains a discussion of the limited procedural protections children have in the U.S. immigration system including many children having to navigate the immigration court system without access to counsel. The declaration was submitted in support of a case seeking release of children and their parents from DHS family detention centers.

Published March 30, 2020 by

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[pdf] COP Emerging Challenges due to COVID-19 Cont (+)

This presentation is a continued discussion on COVID-19 and the evolution of issues in the area of family law. After the last Community of Practice, members completed a survey including best practices and greatest challenges given the COVID-19 pandemic. The results are included in this presentation and were discussed by COP members.

Published 4-13-2020 by

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[pdf] Custody of Children in Mixed-Status Families: Preventing Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings (2013) (+)

Article by Soraya Fata, Leslye E. Orloff, Andrea Carcamo-Cavazos, Alison Silber and Benish Anver, Published in Family Law Quarterly, Vol. 47, No. 2 (Summer 2013) p. 191–242 American Bar Association. This article provides and overview of state court custody decisions tracking common patterns in state court decisions in which the court incorrectly understood federal immigration laws.

Published February 27, 2020

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[pdf] HHS Immigration and Child Welfare (April 2015) (+)

This article from the Heath and Human Services Children’s Bureau discusses the importance of child welfare in the context of today’s immigration (2015). It includes a brief history of immigrant child welfare and highlights relevant legislation and policy as well as directives. It also addresses a number of factors that affect child welfare for unaccompanied […]

Published 04/01/2015

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[pdf] April 2018 Newsletter (+)

In this issue: – Annoucement of Understanding the Judicial Role in U Visa Certification and “Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights” – New Report on CSAJ’s Racial and Economic Equity Project (REEP) – Release of NIWAP’s national survey on increased immigration enforcement on immigrant crime victims

Published April 5, 2018 by

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[pdf] September 2014 Newsletter (+)

This newsletter provides information and links to resources on a number of issues including gender based asylum and access to legal services corporation funded representation for immigrant victims of domestic violence, sexual assault, and human trafficking and the parental interest directive policy through which DHS officials are required to facilitate participation in court cases involving their children for detained immigrant parents.

Published September 2014 by

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[pdf] Privacy Protections for Immigrant Victims of Domestic Violence, Sexual Assault, Human Trafficking, Child Abuse and Other Immigrants Applying for Public Benefits (October 14, 2020) (+)

The fact sheet provides an overview which government officials state or federal have obligations to inquire into or report immigrants whom they believe may not be in the U.S. lawfully to the Department of Homeland Security. This document discussed the very limited circumstances (in the context of certain public benefits applications) in which government officials are required by federal law to report an individual’s believed citizenship or immigration status to DHS.

Published October 14, 2020 by

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November 15, 2018: “Custody for Abused Immigrants: Tips, Tools and Best Practices” (Webinar)

Parents have a constitutional right in the care and custody of their children without regard to the parent’s or the child’s immigration status. Despite this, perpetrators of domestic and sexual violence against immigrant victims with whom they share children, commonly raise immigration status related issues in custody litigation. Abusers often provide the court with legally […]

Published November 15, 2018

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Oct. 26, 2018: Jackson MS “Mississippi Trial and Appellate Judges Conference (Judicial Training Network)”

SJI and Judicial Training Network Training Materials[1] Mississippi Trial and Appellate Judges Conference Jackson, Mississippi October 26, 2018 Also see our full library of SJI supported materials for courts at www.niwap.org/go/sji   To receive updates, sign up for NIWAP’s outreach list. https://www.surveymonkey.com/r/Z6373LX You can elect NIWAP’s general outreach list to receive notices of trainings, webinars, […]

Published October 26, 2018

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*Custody of Children in Mixed-Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings

This article is  from Family Law Quarterly, Vol. 47. No. 2 (Summer 2013). It is designed to provide accurate information about current immigration laws and policies to family court judges and attorneys representing immigrant parents, to counter efforts by litigants in family court to raise immigration status of an opposing parent to gain advantage in a […]

Published August 21, 2018

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*Winning Custody Cases for Immigrant Survivors: the Clash of Laws, Cultures, Custody and Parental Rights (2017)

Veronica T. Thronson, Carole Angel, Soraya Fata, Rocio Molina, Benish Anver, Kalli Wells and Leslye E. Orloff, Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights.  9 Fam. & Intimate Partner Violence Q. 2-3, 1-169 (2017) This article discusses a wide range of topics that arise in custody cases […]

Published September 28, 2017

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*Family Law FAQs

Immigration Status in Family Court What should I do if the opposing party raises my client’s undocumented status in family law court as a way to argue jurisdiction? Standing, or the right to bring a case in court as an interested party, in family law court is not determined on the basis of immigration status. […]

Published August 28, 2017

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[pdf] NIWAP Amicus Brief Kumar v Kumar (September 16, 2016) (+)

Amicus Brief in an enforcement of an affidavit of support case brought on behalf of an immigrant spouse who was a domestic violence victim. The brief argues the sponsored spouses must be permitted to enforce the I-864 affidavit of support in family court divorce proceedings as a contract and that common law and state spousal support laws may impose duties to mitigate do not apply to affidavit of support enforcement actions. The brief discusses the history and purpose of the affidavit of support and the particular importance of allowing its enforcement in divorce cases and not requiring a separate civil contract enforcement case in cases of battered immigrant spouses. In discussing the legislative history of the statute the brief discusses its relationship to the Violence Against Women Act and the reason VAWA self-petitioners were exempted from deeming, affidavits of support and given access to public benefits as part of the same 1996 law that created the I-864 Affidavit of support.

Published September 16, 2016 by

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[pdf] Kumar v Kumar CA Ct App (July 28, 2017) (+)

Decision of the California Court of Appeals confirming that Affidavits of Support are enforceable by the sponsored spouse, in this case an abused spouse, in family court as part of a divorce proceeding. enforcement of the affidavit of support is independent of spousal support laws. Courts cannot impose a duty to mitigate that may apply in spousal support cases to enforcement requested by a sponsored spouse in a divorce proceeding. Enforcement of an affidavit of support is enforcement of the contract between the sponsor and the U.S. government by the beneficiary of that contract envisioned by the federal statute and regulations governing affidavits of support. This case provides an summary or prior affidavit of support decisions in other jurisdictions and an analysis that addresses the few decisions that based on the facts and pleadings in those specific cases could be construed to reach a different conclusion but are distinguished by this court.

Published July 28, 2017 by

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[pdf] NIWAP Newsletter – September 2014 (+)

In this issue:
– Violence Against Women Act’s Special Immigration VAWA Confidentiality Protections for Immigrant Survivors
– Types of Immigrants Eligible for VAWA Confidentiality Disclosure Limitations
– Who Can Benefit from VAWA Confidentiality Protection?
– VAWA Confidentiality Protections for Eligible Immigrants
– Examples of Violations
– Exceptions to VAWA Confidentiality
– Penalties for Violating VAWA Confidentiality
– Reporting Violations to DHS
– How to Prepare to Address VAWA Confidentiality in State Courts

Published September 15, 2015 by

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[pdf] NIWAP Newsletter – Child Custody in Immigrant Families (+)

In this issue:
– Legal Rights of Immigrant Parents in State Court Custody Proceedings
– Common Misconceptions About Immigration Status and Child Custody
– Practice Tips on Addressing Immigration Status in Custody Cases
– Additional Resources on Immigration and Family Law

Published June 29, 2017 by

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*Training Materials: Family Law

Language Access DOJ Letter to State Courts on Language Access Bench Card: Court Interpretation in Protection Order Hearings Forms of Immigration Relief Bench Card: Overview of Types of Immigration Status Family Court Bench Card on Immigration Rights of Battered Spouses, Children, and Immigrant Crime Victims Bench Card: DHS Enforcement Priorities Information for State Court Judges […]

Published June 14, 2017

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[pdf] Utilizing VAWA Confidentiality Protections in Family and Criminal Court Cases (February 17, 2017) (+)

Chapter of a publication on issues that arise in family court cases involving immigrant crime victims pending publication. This chapter discusses VAWA confidentiality protections and their impact in state court proceedings. While the emphasis of the article is on family court cases, the discussion is also useful in criminal court cases. This article discusses the Hawke, Demaj and Koch cases on VAWA confidentiality.

Published February 17, 2017 by

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*Evidence Checklists For Work With Immigrant Survivors (February 11, 2017)

NIWAP has developed a number of checklists that assist attorneys and advocates working with immigrant survivors to prepare for a variety of legal cases on behalf of immigrant survivors.  Some of the following checklists are geared toward preparing to accompany a victim who will be applying for state or federal public benefits that the victim […]

Published February 12, 2017

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[pdf] BIA Amicus Brief on Recent Research Concerning the Neurobiological, Cognitive, and Psychological Development of Children and Adolescents (July 11, 2016) (+)

This Amicus brief was submitted to the Board of Immigration Appeals and addresses an important issue presented by Amicus Invitation No. I 6-06-09, focusing on how the term “minor” should be defined and understood by the Board in child asylum cases in light of the substantial body of recent research concerning the neurobiological, cognitive, and psychological development of children and adolescents. This brief will focus on the significant and deleterious effect trauma and
maltreatment have on that development, including the impact of impaired development on the readiness of child migrants to file asylum applications.

Published July 11, 2016 by ,

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*State Definitions of Child Abuse and Neglect

For purposes of Special Immigrant Juvenile Status Cases when immigrant children are seeking state court findings for SIJS predicate orders, states are to apply state court definitions of abuse and neglect to the facts of the child’s case without regard to the location where the abuse or neglect occurred in the U.S. or abroad. The […]

Published November 7, 2016

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*The Center on Immigration and Child Welfare

Parental Interest Directive materials from the Center on Immigration and Child Welfare’s site contains links to the following resources: Applying the ICE Parental interest Directive to Child Welfare Cases Facilitating Parental interests in the Course of Civil Immigration Enforcement Activities FAQs on the Parental Interests Directive Parental Interests Directive Fact Sheet How to Get a […]

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[pdf] Slides from “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” (+)

These slides were presented by Leslye Orloff in a keynote address entitled “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” at Youngstown State University on March 31, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/Ohio2016.

Published March 31, 2016 by

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[pdf] Slides from A Trauma Informed Approach to Attorney/Client Relationships and Collaborations: Strategies for Divorce, Custody, Protection Orders, and Immigration Cases (+)

These slides were presented by Mercedes V. Lorduy, Mary Ann Dutton, and Aparna Bhattacharyya at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.

Published July 29, 2015 by

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[docx] SJI Training Material – Minnesota (+)

A handout of the material distributed in the judge’s training in Minnesota. Interest in this training arose as a result of our work with judges in Minnesota on U visa certification by judges. Leslye Orloff and Judge Lora Livingston presented at this training in December 2015. NIWAP worked with the Judicial Education Program Manager to identify which areas needed to be addressed and issues the judges were most interested in learning more about.

Published December 2, 2015 by

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[pdf] DHS U and T Visa Law Enforcement Resource Guide Updated November 30, 2015 (+)

Updated November 30, 2015, the Department of Homeland Security published an updated resource guide to clarify and further explain the role of certifying agencies in the U and T visa application process. This guide addresses concerns, answers common questions, and provides accurate information on signing I-918B and I-914B forms for federal, state, local, tribal, and territorial law enforcement, prosecutors, judges, and other government agencies qualified to sign U visa certifications such as the EEOC, federal and state labor departments, adult and child protective services, and any other eligible agencies that have criminal, civil, or administrative investigative or prosecutorial authority. The guide provides information on what U and T visas are, discusses U visa qualifying criminal activities and severe forms of trafficking in persons, explains the standard for “helpfulness” and “reasonable request for assistance”, and has many more important tips and information about the U and T visa.

Published November 30, 2015 by

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*Empowering Survivors Table of Contents

This 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 sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, […]

Published November 22, 2015

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*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 […]

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[pdf] In Re Interest of Angelica L. and Daniel L. (N.W.2d) (+)

Unanimous decision from the Nebraska Supreme Court overturning the termination of parental rights of an immigrant mother who was detained and deported and who was not provided language access to the state family court proceedings. The court found that immigrant parents, including undocumented, detained and deported parents and their children have a Constitutional right in the parent child relationship that must be preserved absent specific findings of abuse. In Termination of Parental rights proceedings courts should not engage in a comparison of countries or cultures that can lead to separating U.S. born children from their immigrant parents who have not abused or neglected the children.

Published June 26, 2009 by

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[pdf] Removals Involving Parents of United States Citizen Children (+)

DHS report as one of a series of audit, inspection, and special reports prepared as part of our oversight responsibilities to promote economy, efficiency, and effectiveness within the department. This report addresses the number of instances over the past 10 years in which the illegal alien parent of a United States citizen child was removed from the country. It is based on interviews with employees and officials of relevant agencies and institutions and a review of applicable documents.

Published January 12, 2009 by

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[pdf] INS Detention Standard: Non-Medical Emergency Escorted Trips (+)

INS Detention standard operating procedure regarding non-medical emergency escorted trips. The Immigration and Naturalization Service (INS) provides detainees with approved staff escorted trips into the community for the purpose of visiting critically ill members of the detainee’s immediate family, or for attending their funerals.

Published September 20, 2000 by

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[pdf] ICE Response to Letter on Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies (+)

U.S. Immigration and Customs Enforcement’s, Office of Detention Policy and Planning, response to Michelle Brane’s, Director of Women’s Refugee Commission, letter regarding proposed changes to the Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies.

Published October 6, 2010 by ,

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[pdf] Use and Outcome of Civil Protection Orders by Battered Immigrant Women in the U.S. (+)

This presentation covers battered immigrant women’s knowledge about protection orders, their opinions about the effects of protection orders on the intimate partner violence, the reasons leading them to file for protection orders, and the remedies they sought to have in protection orders. The presentation, also, looks at the structural processes that contribute to immigrant women obtaining civil protection orders. Finally, the presentation explores battered immigrant

Published February 19, 2015

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[pdf] COP Registration Form (+)

To apply to the COP, submit this application by Thursday, March 10th. Applications can be emailed to community@niwap.org or mailed to NIWAP at WCL, 4300 Nebraska Ave NW, C100, Washington, DC 20016.

You can fill out the form online at https://goo.gl/forms/It4xjjr4ky

Published February 2016 by

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[pdf] Special Immigrant Juvenile Status: Information for Child Welfare Workers (+)

Information for child welfare workers in regards to the Special Immigrant Juvenile Status (SIJS).

Published July 1, 2014 by

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