Topic: Immigration

Materials and best practices regarding immigration.

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[pdf] Maryland: U Visa Certification (October 1, 2019) (+)

Maryland’s U Visa certification requires state and local law enforcement agencies, prosecutors, child protective services, commission on civil rights, the department of labor and other state agencies responsible for the detection, investigation or prosecution of cases involving criminal activities to sign U visa certifications. The law requires certification when the victim has been, is being or likely to be helpful in the detection, investigation, or prosecution of criminal activity. The agency shall complete the certification within 90 days and shall include details about the criminal activity, a description of the victim’s helpfulness, and provide copies of documents that help the victim prove substantial harm. If the victim is in removal proceedings the response to the certification request must be completed in 14 days. The law limits disclosure of information about persons seeking certification.

Published October 1, 2019 by

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[pdf] Virginia U and Visa Certification Law (2024) (+)

Virginia bill SB 1468 was signed into law by Governor Ralph Northam on March 31, 2021, and effective beginning July 1, 2021. This bill provides immigrant crime victims with clarity regarding the process for requesting a U visa certification form from local and Virginia state law enforcement agencies. It provides time restraints on law enforcement responses to certification requests and provides certification seekers with a remedy in state court for a wrongfully denied request. State Bill No. 1468

Published 2024 by

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[pdf] Utah: U Visa Certification Law (May 12, 2020) (+)

Utah’s 2020 law governing U visa certification requirements for law enforcement, prosecutors, courts, and other state government officials. Includes statutory definition of the law enforcement, prosecutors, and courts in the state of Utah to which the U visa certification law applies. The Utah law is consistent with the federal law definitions of “certifying official” and “qualifying criminal activity” and requires that Utah government officials adopt federal guidelines in assessing victims’ helpfulness. Includes record keeping requirements and contains confidentiality protections.

Published May 12, 2020 by

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[pdf] Washington: U and T Visa Certification Law (2018) (+)

The state of Washington approved the Safety and Access for Immigrant Victims Act in 2018, which outlines the certification process in that state for immigrant victims of crime. This Washington state law requires law enforcement, prosecutors, judges, hearing officers, and other state and local agencies including the department of labor and industries and the department of social services and health to sign U and T visa certifications. Requires that certification requests be processed within 90 days or receipt unless the victim is in removal proceedings in which case the response is required within 14 days. For victim children the agency must respond to requests within 90 days but no later than 14 days before the date the child turns age 21. Requires that agencies designate certifiers, keep written records of the number of certifications received, denied, approved, and withdrawn, develop a language access plan, and nondisclosure of personally identifying information about victims requesting certification. The law requires that the state set up a crime victim certification steering committee.

Published 01-18-2018 by

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[pdf] Hennepin County Attorney’s Office U Visas and T Visas Certification Policy (Full Policy)(January 8, 2024) (+)

The Hennepin County Attorney’s Office in March of 2024 implemented a U and T visa certification policy that is both fully consistent with DHS policies, regulations, and publications on the U and T visa programs and adopts a victim centered trauma informed approach to the U and T visa certification process. It serves as a model prosecution office policy that is clear, transparent, and is designed to address and inform that public about how the agency wants to receive certification requests which is consistent with prosecutors’ discovery obligations. This policy furthers victim protection goals and the prosecutor’s office’s important work to hold offenders accountable for their crimes.

Published January 8, 2024 by

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[pdf] When Federal Immigration Laws and State Family Laws Intersect: Promoting Just and Equitable Outcomes for Immigrant Survivors and Children (October 8, 2024) (PowerPoint) (+)

This plenary highlights what every state court judge needs to know to promote access to justice and fairness when immigration law issues arise in state court cases involving litigants, victims of crime or abuse, and children who are immigrants or live in immigrant families. Faculty provide an overview of the major forms of immigration relief that Congress created to protect immigrant victims of domestic violence, child abuse and neglect, human trafficking, sexual assault, and stalking and identify how access to public benefits, services, and supports grow as eligible immigrant victims and their children pursue victim-based forms of immigration relief.

Published September 30, 2024 by

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[pdf] *August 8, 2024 CJI Webinar – Improving Access to Justice for Immigrant Survivors of Domestic Violence, Sexual Assault, Stalking, and Human Trafficking (+)

Webinar Description: During the webinar, NIWAP and CJI provided an overview of different immigration relief and public benefits for immigrant survivors, including: VAWA, SJIS, U Visas, and T Visas. Also discussed issues commonly raised by perpetrators in child custody and divorce cases as well as language access for limited English proficient survivors. This webinar was sponsored by the Center for Justice Innovation for Justice for Families Grantees.

Published 10/3/2024 by ,

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[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Special Immigrant Juvenile Status – Case Law Chart (October 1, 2024) (+)

This Appendix “X” provides a case law chart for Special Immigrant Juvenile Status state court cases from across the country including reported and unreported cases through December 2020. This appendix is in locked excel format allowing users to sort by any of the chart columns. It includes an All States tab and additional tabs that report on case law by state for each of the states in which reported or unreported cases could be identified. As new cases are published please forward them to NIWAP by emailing info@NIWAP.org with the message title “NEW SIJS CASE” to help us identify new cases to add to the chart more swiftly.

This publication was developed under grant number SJI-20-E-005 from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.

Published September 5, 2024 by

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[pdf] NM Supreme Court Issues Order Against Disclosure of Immigration-Related Information of Noncitizen Crime Victims (May 7, 2024) (+)

Press release from the New Mexico Administrative Office of the Courts on New Mexico Supreme Court’s issuance of two orders of superintending control quashing subpoenas that compelled that an immigrant victim turn over the contents of their U visa and T visa immigration case files to the perpetrator in the criminal case that the state brought against perpetrators of child trafficking and child sexual assault. The New Mexico Supreme Court also ordered that materials from the U and T visa files previously produced needed to be destroyed. Full opinion to be issued by the New Mexico Supreme Court at a later date. In one case the trial court ordered the U visa victim to turn over their immigration case file and in the second case the trial court ordered the victim’s immigration counsel to turn over the victim’s T visa case file. Both orders were reversed.

Published May 7, 2024) by

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[pdf] Ramirez v. Marsh, S-1-SC-39966, New Mexico Supreme Court Writ of Superintending Control (Marsh) (May 7. 2024) (+)

New Mexico Supreme Court issued two orders of superintending control quashing subpoenas that compelled that an immigrant victim turn over the contents of their U visa and T visa immigration case files to the perpetrator in the criminal case that the state brought against perpetrators of child trafficking and child sexual assault. In this case the New Mexico Supreme Court also ordered that materials from the U visa files previously produced needed to be destroyed. Full opinion to be issued by the New Mexico Supreme Court at a later date. In this case the trial court ordered the U visa victim to turn over their immigration case file and in the second case the trial court ordered the victim’s immigration counsel to turn over the victim’s T visa case file. Both orders were reversed.

Published May 7, 2024 by

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[pdf] New Mexico Immigrant Law Center v. Leos, S-1-SC-40114, Writ of Superintending Control (Leos) New Mexico Supreme Court (May 7, 2024) (+)

New Mexico Supreme Court issued two orders of superintending control quashing subpoenas that compelled that an immigrant victim turn over the contents of their U visa and T visa immigration case files to the perpetrator in the criminal case that the state brought against perpetrators of child trafficking and child sexual assault. In this case the New Mexico Supreme Court also ordered that materials from the T visa files previously produced needed to be destroyed. Full opinion to be issued by the New Mexico Supreme Court at a later date. In this case the trial court ordered the T visa victim’s immigration counsel to turn over their immigration case file and in the second case the trial court ordered the victim to turn over the victim’s U visa case file. Both orders were reversed.

Published May 7, 2024 by

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[pdf] Ramirez v. Marsh, S-1-SC-39966 & New Mexico Immigrant Law Center v. Leos, S-1-SC-40114, New Mexico Supreme Court (May 7, 2024) (+)

New Mexico Supreme Court issued two orders of superintending control quashing subpoenas that compelled that an immigrant victim turn over the contents of their U visa and T visa immigration case files to the perpetrator in the criminal case that the state brought against perpetrators of child trafficking and child sexual assault. The New Mexico Supreme Cour also ordered that materials from the U and T visa files previously produced needed to be destroyed. Full opinion to be issued by the New Mexico Supreme Court at a later date. In one case the trial court ordered the U visa victim to turn over their immigration case file and in the second case the trial court ordered the victim’s immigration counsel to turn over the victim’s T visa case file. Both orders were reversed.

Published May 7 2027 by

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[pdf] Settled Law: The Role of State Court Judges in Making Special Immigrant Juvenile Status (SIJS) Judicial Determinations (September 3, 2024) (+)

This article surveyed all of the publicly available SIJS cases issued through the date of this article’s publication. Ultimately, this survey demonstrates that the majority of state courts are issuing decisions that have become settled law and that these courts’ decisions are consistent with federal SIJS statutes, the March 2022 USCIS regulations, and USCIS policies and publications on SIJS laws and the SIJS program. Although Congress substantially amended the SIJS statute in 2008 to expand the number of immigrant children eligible for SIJS, this article demonstrates that during the decade and a half after the law passed and before USCIS issued final regulations in 2022, many state courts struggled to issue rulings in SIJS cases that were consistent with the federal SIJS statues and USCIS policies. Despite this fact, as this article documents, many courts did issue rulings that correctly interpreted and applied federal SIJS laws and issued SIJS judicial determinations that immigrant children who had suffered parental maltreatment could use to file their SIJS petitions with USCIS.

Published September 3, 2024 by ,

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[pdf] USCIS Fee Schedule (G-1055) (August 19, 2024) (+)

This document confirms that there are no fees required for filing the VAWA self-petition, the U visa or the T visa applications. However some forms that victims may need to file related to these case types have fees associated with them and as the instructions to the USCIS Fee Waiver form indicate victims eligible for fee waivers may apply for waivers of the fees associated with the following forms:
1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);
2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
3. T nonimmigrant (such as Forms I-192, I-485, and I-601);
4. Temporary Protected Status (such as Forms I-131, I-821 and I-601);
5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or
6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212).

Published AUGUST 19, 2024 by

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[pdf] U Visa Timeline with Background Checks (August 11, 2024) (+)

U-Visa timeline including background checks. This timeline has been updated to reflect the USCIS 2021 policies on bona fide determinations and their impact on U visa case processing which over time will provide access to protection from deportation and work authorization to U visa applicants who pass background checks and receive bona fide determinations from USCIS. Victims will remain in bona fide status while they await the date a U visa becomes available to issue them.

Published August 11, 2024 by

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[pdf] Trauma Informed Structured Interview Questionnaires for Immigrant Cases (SIQI) (July 23, 2024) (+)

The SIQI tool’s goal is to help identify stalking and human trafficking that are co-occurring with domestic violence and child abuse. 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 2024 version incorporates questions helpful to assessing stalking behaviors and risk factors.

Published July 23, 2024 by ,

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[pdf] WHO Ethical and Safety Recommendations For Interviewing Trafficked Women (2003) (+)

This report contains the Ten Guiding Principles to the ethical and safe conduct of interviews with women who have been trafficked. For each of the guidelines this publication includes a discussion of key risks and recommendations. This tool sets the standard for evidence based and trauma informed guidance to professionals working with human trafficking victims and has been used by anti-trafficking experts working with survivors of human trafficking for years.

Published 2003 by

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[pdf] T Visa Regulations: 2002, 2016 & 2024 – Regulations, Comparison, and Regulatory History (June 24, 2024) (+)

This tool was developed by NIWAP to facilitate better understanding of the T visa regulations and its regulatory history. This document compares the regulations that were issued in 2002, 2016, and 2024. It identifies the portions of the 2002 and 2016 regulations that remain in effect and highlights and annotates portions of the regulations that […]

Published June 24, 2024 by

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[pdf] Child Protective Services Agency Toolkit: U Visa Certification, T Visa Declaration, Special Immigrant Juvenile Status and Violence Against Women Act Immigration Relief for Abused Immigrant Children (July 8, 2024) (+)

This toolkit provides an overview of humanitarian immigration relief that Congress has provided for the protection of abused noncitizen children, and/or their noncitizen parent. The toolkit focuses on four visa types: (1) the Violence Against Women Act (VAWA) self-petition, (2) the U visa for crime victims, (3) the T visa for human trafficking victims, and […]

Published July 8, 2024 by

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[pdf] US Immigration and Customs Enforcement (ICE), Center for Countering Human Trafficking, Continued Presence Resource Guide (September 2023) (+)

The Center for Countering Human Trafficking issued a detailed guide discussing continued presence a temporary form of immigration relief designed to offer protection to victims of severe forms of human trafficking who may be potential witnesses in investigation and/or prosecution of human traffickers. This resource guide explains the application and adjudication process for continued presence.

Published September 2023 by

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[pdf] Soto-Alvarado Decision Granting Motion to Amend US District Court Rhode Islande (July 17, 2023) (+)

In a case brought in Federal District Court in Rhode Island an abused spouse whose VAWA self-petition had been approved challenged USCIS’s revocation of her approved petition. The self-petitioner was divorced from her abuser and remarried after filing the self-petition but before the self-petition had been approved. The court’s ruling allows the self-petitioner to fully litigate her challenge the USCIS’s revocation of her self-petition due to remarriage in Federal District Court. The court’s ruling is based on the VAWA self-petitioning statute and its legislative history.

Published July 17, 2023 by

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[pdf] Annotated Violence Against Women Act (VAWA) Self-Petition Definition INA 101(a)(51) (May 27, 2024) (+)

This annotated statute guides readers through the various types of immigration relief available for immigrants who were subjected to battering or extreme cruelty by their spouses, former spouses, parents, children, and step-parents who were U.S. citizens, lawful permanent residents, or Cuban Adjustment Act (CAA) , Haitian Refugee Immigration Fairness Act (HRIFA), and Nicaraguan and Central American Relief Act (NACARA) applicants, or recipients. Note that NACARA applicants may be El Salvadoran, Guatemalan, or from a list of countries in Eastern Europe. This definition of VAWA self-petitioner is relevant for immigration relief, public benefits and VAWA confidentiality purposes.

Published May 27, 2024 by

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[pdf] Federal Register: New Classification for Victims of Criminal Activity for Eligibility for ‘‘U’’ Nonimmigrant Status (U Visa Regulations) (September 17, 2007) (+)

Federal Register for new classification for victims of criminal activity for the eligibility for ‘‘U’’ nonimmigrant status. This interim rule amends Department of Homeland Security regulations to establish the requirements and procedures for aliens seeking U nonimmigrant status. The U nonimmigrant classification is available to alien victims of certain criminal activity who assist government officials in investigating or prosecuting such criminal activity.

Published September 17, 2007 by

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[pdf] Wilkinson v. Garland (September 2023) US Supreme Court (+)

NIWAP participated in an amicus brief on writ of certiorari to the US Court of Appeals of the Third Circuit to ensure that courts review BIA hardship determinations for immigrant victims of domestic violence seeking cancellation of removal under VAWA. SCOTUS ruled in favor of Wilkinson, holding that the application of the exceptional and extremely […]

Published May 2, 2024 by ,

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[pdf] Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for ‘‘T’’ Nonimmigrant Status (T Visa Final Rule April 30, 2024) (+)

Final T Visa regulations issued by the USCIS on April 30, 2024 that go into effect on August 28, 2024. T Visa Rule highlights include: New Bona Fide Determination process leading to
Stays removal, benefits access, and work authorization. Victims should submit any additional needed evidence 8/28/24. Provides VAWA confidentiality protections and exempts from T visa applicants from Public Charge. Includes trauma informed definitions of: Coercion, commercial sex act, involuntary servitude, serious harm, trauma exception, and extreme hardship.
Detailed list of factors used to examine whether requests from government officials for cooperation or assistance in the detection, investigation or prosecution of human trafficking were reasonable. Exempts both labor and sex trafficked minors from any cooperation requirements. Includes a broad interpretation of when the victim’s physical presence in the U.S. is connected to human trafficking.

Published April 30, 2024 by

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[pdf] Velasquez v. Miranda Supreme Court of Pennsylvania (February 1 2024) (+)

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 […]

Published April 25, 2024 by

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[pdf] Chapter 3.3 Preparing the VAWA Self-Petition and Applying for Residence (August 16, 2023) (+)

Guide to preparing and filing Violence Against Women Act (VAWA) Self-Petitions on behalf of battered immigrant spouse, children, step-children, former spouses, and parents of citizens and lawful permanent residents. Includes applications for lawful permanent residency for approved VAWA self-petitioners and their children.

Published August 16, 2023 by

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[pdf] Chapter 07: Preparing the VAWA Self-Petition and Applying for Lawful Residence (August 15, 2023) (+)

Chapter 7 in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides practical tips for filing a self-petition and apply for lawful permanent residency under the Violence Against Women Act of 1994 (VAWA) as revised in 2005.

Published July 10, 2014 by

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[pdf] Hennepin County Attorney’s Office U Visas and T Visas Certification Policy (March 7, 2024) (+)

The Hennepin County Attorney’s Office in March of 2024 implemented a U and T visa certification policy that is both fully consistent with DHS policies, regulations, and publications on the U and T visa programs and adopts a victim centered trauma informed approach to the U and T visa certification process. It serves as a model prosecution office policy that is clear, transparent, and is designed to address and inform that public about how the agency wants to receive certification requests which is consistent with prosecutors’ discovery obligations. This policy furthers victim protection goals and the prosecutor’s office’s important work to hold offenders accountable for their crimes.

Published March 7, 2024 by

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[pdf] HHS OTIP -Child Eligibility Benefits Handout (February 20, 2024) (+)

HHS Office on Trafficking in Persons Child Eligibility Handout updated and expanded February 20, 2024 provides an overview of the benefits and services available to help immigrant child trafficking victims who have received HHS child eligibility letters. It includes useful links and telephone numbers, steps children with OTIP letters have to take to obtain social security numbers required by some benefits granting agencies, how to apply for public benefits and how to present evidence of age and date of birth.

Published February 20, 2024 by

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[pdf] 12 Question Predatory Helpfulness Screener (October 24, 2023) (+)

This screener appears as an appendix to the article Inderjit K Basra, Tatum Kenney, Shandra Forrest-Bank, Lisa K. Zottarelli & Chitra Raghavan (24 Oct 2023): Predatory Helpfulness: An Empirical Framework to Identify Fraudulent Tactics Used by Pimps to Recruit and Commercially Sexually Exploit Young Girls and
Women, Journal of Human Trafficking, DOI: 10.1080/23322705.2023.2259263
To link to this article: https://doi.org/10.1080/23322705.2023.2259263

Published October 24, 2023 by

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[pdf] Chapter 10: U Visas: Victims of Criminal Activity (August 8, 2023) (+)

Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.

Published December 7, 2023

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[pdf] Special Immigrant Juvenile Status (SIJS) Findings Pertaining to State Court Judges (Dec. 7, 2023) (+)

A bench card on Special Immigrant Juvenile Status (SIJS) findings pertaining to state court judges. Written by Meagan Fitzpatrick, Leslye Orloff, and Honorable Joseph L. Fernandes (Philadelphia, PA) for the administrative office of the Pennsylvania Courts. This bench card has been updated to reflect clarifications included in the March 2022 final SIJS regulations and the 2023 Policy Manual Chapter issued by US Citizenship and Immigration Services.

Published 12/7/23 by

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[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.

Published November 28 2023 by ,

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[pdf] How Immigration Law and Policies Impact State Courts — When Children and Litigants are Victims of Human Trafficking, Domestic Violence, Child Abuse, or Sexual Assault (NCJFCJ, In-Session -Fall 2023) (+)

This In-Session article discusses immigration policy updates that have occurred in 2021 – 2023 and the impact that what these policies mean for state courts adjudicating a range of family court cases involving immigrant children, immigrant crime victims, and child victims living in mixed immigration status families.

Published Fall 2023 by ,

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[pdf] U Visa Certification and T Visa Declaration Toolkit for Adult Protective Services (APS) (October 19, 2023) (+)

Toolkit focusing on the U-Visa as well as an introduction to other options which may be available to immigrant adults who are victims of domestic violence, sexual assault, human trafficking and other crimes that Adult Protective Services staff encounter. Having an awareness of these options can help you identify the best options available for immigrant victims you encounter.

Published October 19, 2023 by

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[pdf] Vallabhaneni (September 27 2001) Board of Immigration Appeals (+)

NOW Legal Defense Fund and others filed this amicus in support of the appeal by Aruna C. Vallabhaneni
of the decision of the Immigration Judge denying her application for political asylum despite an
undisputed record of years of severe domestic violence and her inability to obtain protection
from the government of India. The record before the judge established that Ms. Vallabhaneni
was persecuted in the past and that she has a well-founded fear that she will continue to be
persecuted in the future by her husband if she is forced to return to India, that the persecution she
experienced and which she fears was inflicted because of her membership in a particular social
group defined in whole or in part by her gender, and that she is not able to obtain protection from
her government. The Immigration Judge’s decision should be reversed and Ms. Vallabhaneni’s
application for asylum should be granted.

Published November 2, 2023

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[pdf] Senjab v. Alhulaibi (September 25 2020) Supreme Court of Nevada (+)

NIWAP filed an amicus brief confirming that for purposes of jurisdiction in divorce cases residence can be established without regard to the immigration status of the party seeking divorce. This is a case in which an abusive spouse argued successfully to the trial court below that a visa holder spouse (in this case a student visa holder) could not file for divorce (custody and child support) in Nevada because her visa is only temporary, and she could never obtain a divorce in NV despite the state being the victim and her abusive spouse’s state of residence. The victim otherwise met the residency requirements. This could have had broad implications for all visa holders in the U.S. if the trial court’s ruling was not overturned. Instead, the Nevada Supreme Court ruled that residence in the state is all that is needed for divorce jurisdiction. This ruling ensures that courts retain the ability to grant divorces to all persons who meet the state residency requirements without regard to any party’s immigration status. K &L Gates represented NIWAP in the amicus brief.”]

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[pdf] Idinyan (August 9 2005) Board of Immigration Appeals (+)

Nvart Idinyan (formerly Nvart Huckfeldt) (August 9 2005) Board of Immigration Appeals. The National Network to End Violence Against Immigrant Women, represented by Crowell and Moring, filed this amicus in support of the immigration judge’s 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)

Published November 1, 2023

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[pdf] Perales v. Ashcroft (2003) US Court of Appeals 10th Circuit (+)

Perales v. Ashcroft, U.S. Court of Appeals 10th Circuit (2003). Legal Momentum, represented by National Immigration Project of the National Lawyers Guild, BIA, Arnold and Porter, submitted this 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.

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[pdf] Rosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit (+)

Rosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit. National Network to End Violence Against Immigrant Women respectfully moves pursuant to Federal Rule of Appellate Procedure for 29 for leave to file an amicus brief in support of Appellant Josefa Rosario. Client placed in removal proceedings, concedes removability and applies for VAWA Cancellation of Removal. IJ denies cancellation based on finding that there is not substantial evidence of battery to the extent envisioned by the statute and not substantial evidence of extreme hardship. BIA affirms IJ. The decision was wrong because the IJ ignored an analysis of extreme cruelty completely and even though Ms. Rosario and her witness were found to be credible – focused on the lack of police reports and medical records – thereby holding her to a standard higher than the any credible evidence standard. Battery and extreme cruelty are non-discretionary determinations that can be reviewed by that court. Ms. Rosario has now filed brief with 2nd Circuit.

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[pdf] Arguijo v. USCIS (July 24 2020) US Court of Appeals 7th Circuit (+)

The National Immigrant Justice Center (NIJC) represents Jennifer Arguijo, who was 11 years old when her mother married her stepfather, who turned out to be abusive. Applying BIA case law from other contexts, VSC held that a stepchild-stepfather relationship ends after the biological parent divorces the stepparent, unless there is a “continuing relationship” between the stepchild and stepfather. NIJC sought reconsideration, and appealed to the AAO. The AAO affirmed the VSC’s decision to deny the VAWA self-petition unless the abused step-child had a continuing relationship with the abusive step-father. NIJC filed a challenge to the AAO denial under the Administrative Procedure Act in Federal District Court in 2013. Unfortunately, the case moved slowly but Jennifer eventually lost on Summary Judgment in 2020, and NIJC appealed to the Seventh Circuit. The National Immigrant Women’s Advocacy Project filed an Amicus brief in the 7th Circuit in support of NIJC’s appeal represented by K&L Gates LLP. The Seventh Circuit overturned the District Court and The Court handed down its decision on March 12, 2021 confirming that in the context of the Violence Against Women Act “stepchild” status survives divorce. Divorce between the natural parent and the abusive stepparent does not cut a stepchild victim off from VAWA immigration relief, including self-petitioning.

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[pdf] USCIS Updates Policy Guidance on Self-Selecting a Gender Marker on Forms and Documents (March 31, 2023) (+)

U.S. Citizenship and Immigration Services is updating policy guidance in the USCIS Policy Manual to clarify that, effective immediately, USCIS will accept the self-identified gender marker for individuals requesting immigration benefits. The gender marker they select does not need to match the gender marker indicated on their supporting documentation.

Published March 31, 2023 by

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[pdf] USCIS Bona Fide Determination Process for Qualifying Family Members of U Nonimmigrant Victims of Qualifying Crimes (August 11, 2023) (+)

USCIS issues updates to the USCIS Policy Manual to facilitate adjudication and issuance of bona fide determinations for qualifying family members of U visa applicants living in the U.S. at the same time the as USCIS issues a bona fide determination to the U visa applicant.

Published August 11, 2023 by

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[pdf] In The Matter of: Suyi Varquero-Cubias (April 5 2016) Board of Immigration Appeals) (+)

In The Matter of: Suyi Varquero-Cubias (April 5 2016) Board of Immigration Appeals. NIWAP, represented by Tahirih Justice Center and Center for Gender and Refugee Studies, participated filed this brief in a case of a battered immigrant from El Salvador who separated from her abusive boyfriend and her abuser continued to stalk, sexually assault, and threaten her for the next two years until she fled in fear of her life for the United States. The
Immigration Judge denied her asylum case based on the fact that she was not married to the abuser and that she had physically separated from her abuser. This amicus brief asked the Board of Immigration Appeals to clarify that divorce or a woman’s other attempts to separate are not dispositive of a woman’s
ability to leave the abusive relationship where she lacks the power to end the domestic relationship.
NIWAP provided social science research on separation violence and abusers power and control to
continue to perpetrate the post-separation coercive control, abuse and sexual violence supporting the victim’s
claim for gender based asylum.

Published October 11, 2023

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[pdf] Vigil v. Lynch (February 29 2016) US Court of Appeals 5th Circuit (+)

Maria Esterlina Perez Vigil v. U.S. (February 29 2016) 5 th Circuit Court of Appeals. NIWAP, and various Immmigration Law Professors from Texas, filed an
amicus curiae brief on behalf of Maria Esterlina Perez Vigil a victim of domestic violence, who had
denied her request for asylum because she was able to move out the residence that she shared with the
abuser. The brief discussed the dynamics of abusive relationships and explained that physical separation
from an abuser rarely means that an abused woman has successfully left the relationship or marriage and
stopped the cycle of violence. Indeed, the abuser’s control of the victim can often continue well after the
victim moves out, particularly where children are involved. This amicus was filed in the 5th Circuit
Federal Court of Appeals in a case in which Perez Vigil is seeking to overturn the Immigration Judge and
the Board of Immigration`s ruling that denied her request seeking asylum, withholding of removal, and
protection under the CAT.

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[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.

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[pdf] Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland (June 13 2023) US District Court Rhode Island (+)

Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland (June 13 2023) US District Court of Rhode Island. NIWAP, represented by Crowell and Moring, led an amicus brief that was joined by Harvard Law School professors and clinics, the ACLU, the Rhode Island Coalition Against Domestic Violence, and all of the major women shelters in Rhode Island. This brief argued that USCIS had misinterpreted VAWA 2000 amendments that were designed to allow VAWA self petitioners to divorce, file their self petitions, and after filing remarry with no impact that would lead to denial of the application. In this case an immigrant for self petitioner remarried year and ½ after filing but before her self-petition case was approved and USCIS revoked or approved self petition. Amici won a motion to reopen the District Court’s denial of the self petitioner’s case and the trial will proceed on the merits. Map is being represented in this case by Crowell and Moring.

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[pdf] Guimares v. Brann (May 8 2019) Supreme Court of Texas (+)

Marcelle Guimaraes v. Christopher Scott Brann (Texas Supreme Court). NIWAP, represented by KL Gates, served
as lead amicus on a brief before the Texas Supreme Court. The amicus curiae brief is filed on behalf of a woman who is fighting for complete custody and the ability to keep her child in Brazil away from the child’s father, who had abused the mother. The mother won a contested Hague
Convention Case in which both parties participated and the mother was granted the right to keep the child
in Brazil and was awarded full custody. The Texas trial court ignored the Brazilian order and in a divorce proceeding awarded custody to the father.

Published October 6, 2023

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[pdf] Souratgar v. Fair (February 18 2013) 2nd Circuit Court of Appeals (+)

Souratgar v. Fair (February 18 2013) 2nd Circuit Court of Appeals. NIWAP and others, represented by Greenberg and Trauri, participated in an amicus in a Hague Convention international custody case with Sanctuary for Families in New York. The amicus address domestic violence and immigration related abuse and provided social science research and legislative history documenting the dynamics of domestic violence experienced by immigrant victims, particularly immigration related abuse as well as research and Congressional Resolutions on the effect that witnessing a domestic violence has on children.

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[pdf] Romain v. Napolitano (March 16 2012) United States District Court (+)

Romain v Napolitano (March 16 2012), U.S. District Court, Eastern District of New York. NIWAP, represented by Morgan, Lewis and Bockius, served as lead amicus in the first VAWA Confidentiality appeal of denial of a criminal court discovery order. This was a case in which a domestic violence perpetrator who was being prosecuted for domestic violence sought discovery under Brady and W.M.V.Crio of the VAWA confidentiality protected VAWA self-petition immigration case filed by his battered immigrant spouse. The perpetrator of spousal rape subpoenaed the
victims VAWA self-petition case from the U.S. Department of Homeland Security. The Federal District Court ultimately denied the subpoena and discovery of the self-petition file by the criminal defendant
spouse.

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[pdf] Cazorla and EEOC v. Koch Foods of Mississippi US Court of Appeals 5th Circuit (October 22 2015) (+)

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.

Published October 2, 2023

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[pdf] Traore v. Mukasey US Court of Appeals Fourth Circuit (April 15 2008) (+)

Amicus brief compiled by International Women’s Human Rights Law Clinic and Legal Momentum among others which seeks to reverse BIA denial of gender-based asylum for appellant Alima Traore. The case argues that Traore has established eligibility for asylum, withholding of removal, and protection under the Convention Against Torture because she has endured past persecution in the form of female genital mutilation (“FGM”), has a well-founded fear of future persecution, and likely faces torture and a threat to life or freedom because she is a female member of the Bambara tribe in Mali.

Published September 27, 2023

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[pdf] Nicholson v. Williams NY State Court of Appeals (May 2004) (+)

Amicus submitted to the New York State Court of Appeals in support of battered women and their children in Nicholson v. Scoppetta. The Nicholson case is a class action suit against the Administration for Children’s Services (“ACS”) of New York City based on their policy and practice of presumptively removing children from battered mothers and charging them with neglect for “engaging in domestic violence.” Under the ACS policy, children are removed and women charged simply because the mothers are victims of domestic violence. The Nicholson case, comprised of over 20 class members, challenges the ACS policy on constitutional grounds. The Court of Appeals for the Second Circuit has certified questions to the New York State Court of Appeals to assist in determining whether the policy is unconstitutional.

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[pdf] Hoffman Plastic Compound Inc v. National Labor Relations Board (December 10 2001) Supreme Court of Appeals (+)

Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, Supreme Court Of The United States (2001) filed an amicus brief supporting the importance of back pay remedies when labor laws are violated including relief for undocumented workers. Filed a second amicus brief regarding a Government of Mexico requested advisory opinion from the Inter-American Court of Human Rights (2002) concerning when a member nation of the Organization of American States (USA) limits labor law remedies available to migrants who have “irregular” immigration status.

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[pdf] Blondin v. Dubois (2000) U.S. Court of Appeals 2nd Circuit (+)

Blondin v. Dubois, U.S. Court of Appeals 2nd Circuit (2000). NOW LDEF represented by Crowell & Moring filed an amicus brief in support of a mother’s child custody against a challenge under the Hague Convention on the Civil Aspects of International Child Abduction U.S.C. section 11601 by the father, a resident of France.

Published September 26, 2023

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[pdf] Marriage of David M. Salcido and Irina N. Salcido Arizona State Court of Appeals (August 24 2004) (+)

In Re the Marriage of David M. Salcido and Irina N. Salcido, Case No. 20023590 before the Arizona Court of Appeals. (2004) Filed an amicus brief in support of overturning a grant of annulment in favor of an abusive spouse who sought an annulment after a five year marriage in order to deny the victim-wife VAWA immigration status. (Crowell and Moring, Pro Bono).

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[pdf] Meredith v. Muriel Crowell and Moring Supreme Court of the State of Washington (July 17 2009) (+)

Meredith v. Muriel second brief (Crowell and Moring, Pro Bono) argued that Abusive speech is not protected by the First Amendment because it is essentially conduct not expression and that a restriction in the protection order ordering an abuser not to contact DHS or interfere with his wife’s immigration case is not overbroad when weighed against the significant State interest in protecting abuse victims and does not impermissibly infringe on the abuser’s right to petition the government

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[pdf] Meredith v. Muriel K&L Gates Supreme Court of the State of Washington (July 17 2009) (+)

Meredith v. Muriel, Supreme Court of the State of Washington, (2009). Submitted two amicus briefs one on behalf of Legal Momentum and a second on behalf of the National Network to End Violence Against Immigrant Women in a case in which an abuser appealed the issuance of a protection order containing a prohibition against the abuser communicating with the Department of Homeland Security regarding his wife. One brief (K & L Gates, Pro Bono) provided social science documentation of the harm to victims and the lethality of immigration related abuse and discussed the history and purpose of VAWA confidentiality protections.

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[pdf] State v. Maria L. The Nebraska Supreme Court (April 8 2009) (+)

State v. Maria L., (2009) filed an amicus brief in a case before The Nebraska Supreme Court in a termination of parental rights case in which an undocumented immigrant mother was denied language access to child protective services, the courts and the hospital. In a unanimous decision that Nebraska Supreme Court returned two children to their Guatemalan mother who had been deported and her parental rights were terminated by the state ruling that undocumented, detained and deported immigrant parents have the constitutional right to care for, have custody of, and control over their children.

Published September 25, 2023

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[pdf] Adoption C.M.B.R. Minor. S.M. and M.M. Respondents vs. E.M.B.R. Appellant Missouri Court of Appeals (July 21 2010) (+)

In Re Adoption of C.M.B.R. Minor. S.M. and M.M. Respondents vs. E.M.B.R. Appellant, Amicus brief was filed in the Missouri Court of Appeals (2010) and a second in the Missouri Supreme Court (2010) in support of reversing a court decision to terminate the parental rights of an immigrant mother Encarnacion Bail and finalize the adoption of her children as a result of Encarnacion’s immigration detention. Encarnacion Bail had been subject to an immigration raid at her workplace and was coerced into taking a plea to aggravated identity theft. While Encarnacion served her jail sentence, the State of Missouri terminated her parental rights and finalized the adoption of her children. After she finished serving her sentence the U.S. Supreme Court ruled that convictions like hers for use of false documents was unconstitutional. Won favorable decisions from in both cases confirming that limiting who may place a child for adoption and confirming that immigration status should “never” be a factor “when determining whether to terminate parental rights. (Crowell and Moring, Pro Bono)

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[pdf] In Re Adoption of C.M.B.R. Minor. S.M. and M.M. Respondents vs. E.M.B.R. Appellant, Missouri Supreme Court (January 11 2010) (+)

In Re Adoption of C.M.B.R. Minor. S.M. and M.M. Respondents vs. E.M.B.R. Appellant, Amicus brief was filed in the Missouri Court of Appeals (2010) and a second in the Missouri Supreme Court (2010) in support of reversing a court decision to terminate the parental rights of an immigrant mother Encarnacion Bail and finalize the adoption of her children as a result of Encarnacion’s immigration detention. Encarnacion Bail had been subject to an immigration raid at her workplace and was coerced into taking a plea to aggravated identity theft. While Encarnacion served her jail sentence, the State of Missouri terminated her parental rights and finalized the adoption of her children. After she finished serving her sentence the U.S. Supreme Court ruled that convictions like hers for use of false documents was unconstitutional. Won favorable decisions from in both cases confirming that limiting who may place a child for adoption and confirming that immigration status should “never” be a factor “when determining whether to terminate parental rights. (Crowell and Moring, Pro Bono)

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[pdf] Kumar v. Kumar California Court of Appeals (September 26 2016) (+)

Kumar v. Kumar (California Court of Appeals) NIWAP served as sole amicus in a case in which a California state family court judge imposed the duty to mitigate that applies in contract cases and alimony cases to an immigrant spouse, in this case a battered immigrant spouse, seeking to enforce the Affidavit of Support her husband signed with the U.S. Department of Homeland Security when he sponsored her to attain legal permanent residency status. The brief cited case law from other states and law review articles discussing current state family court practice allowing immigrant spouses to enforce affidavits of support in family court cases. The brief provided legislative history and social science data supporting the position imposing a duty to mitigate undermines the legislative purpose of the Affidavit of Support and in the case of battered immigrant spouses the Violence Against Women Act. (Crowell and Moring: September 26, 2016)

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[pdf] S.E.R.L v. U.S. Federal Court of Appeals 3rd Circuit (September 25 2017) (+)

Amicus Brief in S.E.R.L v. U.S. NIWAP filed an amicus curiae brief on behalf of a Honduran woman who had helped her daughter escape from a domestic violence perpetrator who had trafficked the daughter to Mexico. The brief discussed the extent to which those who intervene to protect their family from perpetrators of domestic violence are at risk of violent retaliation by the perpetrator, up to and including death. She fled Honduras seeking asylum in the U.S. out of fear of more retaliation. This amicus was filed in the 3rd Circuit Federal Court of Appeals in a case in which S.E.R.L is seeking gender based asylum as a Honduran woman who intervened in a domestic violence relationship who are left completely vulnerable to violent retaliation. Crowell and Moring (September 25, 2017)

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[pdf] Rosa Marisol Avelar Oliva Board of Immigration Appeals (February 16 2018) (+)

Amicus Brief in Matter of Rosa Marisol Avelar Oliva, NIWAP filed an amicus curiae brief on behalf of an El Salvadorian woman who suffered child abuse and was held in isolation for years. The Immigration Judge found that she was not credible. The brief discussed the psychological and developmental effects of trauma and how childhood rape and sexual abuse can significantly impact witness’s demeanor and ability to testify and report the abuse. The brief addressed how childhood trauma impairs brain development in key regions responsible for memory, reasoning, and planning. The amicus was filed in the Board of Immigration Appeals in a case in which Rosa Marisol is seeking gender-based asylum and withholding of removal. Crowell and Moring (February 16, 2018)

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