Topic: Immigration

Materials and best practices regarding immigration.

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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] DHS Policies and Safety Planning Flowchart (+)

Flowchart describing safety planning for immigrant survivors and the benefits of initiating the victims immigration case before serving a perpetration in a family law or protection order case. The document also contains a list and links to Department of Homeland Security policies that foster victim protection from immigration enforcement and removal.

Published November 13, 2015 by

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[pdf] DHS Policy Memo: Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants (+)

This memo provides department wide guidance to ICE, CBP, and USCIS to clarify current DHS enforcement priorities. It discusses the background of prosecutorial discretion in immigration law and sets out the following civil immigration enforcement priorities: priority 1, threats to national security, border security, and public safety; priority 2, misdemeanants and new immigration violators; priority 3, other immigration violations (including those with a final order of removal except when they qualify for asylum or another form of immigration relief). This memo also discusses detention priorities and identifies those suffering from serious physical or mental illness, who are disabled, elderly, pregnant, or nursing, who demonstrate that they are primary caretakers of children or an infirm person, or whose detention is otherwise not in the public interest, as a low priority for detention.

Published November 12, 2015 by

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[pdf] Addressing Immigration in the State Courts (+)

This article presents the initial findings from an ongoing State Justice Institute sponsored effort now being conducted by the Center for Public Policy Studies in cooperation with three learning site trial courts to identify the challenges and opportunities state courts need to address when dealing with immigration in the courts, and subsequently develop effective responses that can be used in trials courts and state court systems across the nation.

Published November 11, 2015 by

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Materials on Human Trafficking and State Courts

The HTC Collaborative is dedicated to increasing awareness and understanding about the prevalence of human trafficking in the United States through the Human Trafficking and the State Courts Collaborative website. Establishing an appropriate state court role in addressing the numerous and complicated forms of modern day slavery will be one of the most difficult challenges confronting state courts in the coming decade.

The State Justice Institute provided initial funding to address this challenge, resulting in the formation of the Human Trafficking and the State Courts Collaborative (HTC) in early 2013. The HTC is being coordinated by the following partner agencies: the Center for Public Policy Studies (CPPS), the Center for Court Innovation (CCI), the National Judicial College (NJC), Legal Momentum, the National Association of Women Judges (NAWJ) and the National Council for Juvenile and Family Court Judges (NCJFCJ).

This website is one facet of the ongoing work of the HTC and is designed to provide up-to-date information, reports, statistics, and tools that will help justice system policy makers, practitioners and researchers more effectively address human trafficking issues. We anticipate the materials will prove useful to other individuals, groups and organizations committed to achieving a solution to end the trafficking of persons.

Published November 7, 2015

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[pdf] Annoucement from USCIS: Issues Guidance for Approved Violence Against Women Act (VAWA) Self Petitioners Ability to Adjust Status (+)

Announcement from USCIS regarding the guidance issued on April 11, 2008, this announcement applies to an Adjustment of Status (Form I-485) application for an approved VAWA self-petitioner who entered the United States without having been inspected and admitted or paroled.

Published 04-21-2008 by ,

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[pdf] Building Trusting Relationships: A Guide for Advocates/Attorneys Working With Law Enforcement On U-Visa Certification Issues (+)

A flowchart of options for advocates and attorneys that seek to collaborate with LE on U-Visa certification cases. This flowchart describes how to build a trusting relationship as an advocate or attorney working with law enforcement on u-visa certification issues.

Published September 15, 2015 by

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[pdf] Comparing Forms of Immigration Relief for Immigrant Victims of Crime (+)

This chart has been developed as a tool to help advocates, attorneys, judges, law enforcement and other professionals to promote a basic understanding of how various forms of immigration relief available to help immigrant crime victims and children differ. The chart compares eligibility requirements, access to employment authorization and lawful permanent residency, and the application process.

Published September 12, 2015 by

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[pdf] U Visa Helpfulness Case Scenarios (+)

These scenarios serve as a training tool for police, prosecutors, judges, and other officials to assist in identifying and addressing issues that arise in accessing helpfulness for U visa certification purposes.

Published September 9, 2015 by

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[pdf] VAWA “Red Flags” (July 16, 2015) (+)

This “Red Flags” list was developed to help advocates and attorneys who are not immigration experts screen the immigrant victims of domestic violence, sexual assault and human trafficking they are working with to identify potential issues in the client crime victim’s case that would require assistance from an immigration attorney with particular expertise in working on cases of immigrant crime victims. When the factors contained on this list are not present in your client’s case, an advocate or attorney who is not an immigration expert can and should assist immigrant victims in filing for VAWA, T and U visa cases.

Published July 16, 2015 by

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[pdf] Comparison Chart of Violence Against Women Act (VAWA) Self-Petitioning, U visa, and Special Immigrant Juvenile Status (SIJS) (2015) (+)

This chart compares forms of crime victim based immigration relief for immigrant children. It covers VAWA self-petitioning for child abuse victims, the U visa for child victims of child abuse, sexual assault and other forms of criminal activity and special immigrant juvenile status available for children who have been abused, abandoned or neglected by one or both of their parents. The chart compares eligibility for immigration relief, the immigration relief process, timing of access to lawful permanent residency and access to public benefits and services among these three forms of immigration relief.

Published July 10, 2015 by ,

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[pdf] Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (National) (+)

This judicial training update published by Judge Alan F. Pendleton, Anoka County District Court, provides guidance on U visa certification by state court judges based on the ABA rules of judicial ethics and U.S. Department of Homeland Security (DHS) policies, regulations, training materials and statutes and consultation with DHS U visa experts. This training update for judges discusses the U visa program, dispels common myths about U visa certification by judges, answers questions judges and court staff have about U visa certification, and discusses judicial ethics ABA rules and a 2015 Minnesota Advisory Opinion discussing how, when and why judges can sign U visa certifications consistent with judicial ethics rules and canons.

Published July 8, 2015 by

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[pdf] Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (Minnesota) (+)

This judicial training update published by Judge Alan F. Pendleton, Anoka County District Court, provides guidance on U visa certification by state court judges based on the ABA rules of judicial ethics and U.S. Department of Homeland Security (DHS) policies, regulations, training materials and statutes and consultation with DHS U visa experts. This training update for judges discusses the U visa program, dispels common myths about U visa certification by judges, answers questions judges and court staff have about U visa certification, and discusses how, when and why the Minnesota Code of Judicial Conduct permits signing of U visa certifications and the June 26, 2015 Minnesota Board of Judicial Standards Advisory Opinion 2015-2 on this issue.

Published July 8, 2015 by

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*Financing college for DACAmented and undocumented students

Can DACAmented or undocumented students receive financial aid? The answer depends on the source of the financial aid funds. Federal: Undocumented students are ineligible for all forms of federal financial aid. State: In a limited number of states (Texas, New Mexico, California, Minnesota, and Washington), undocumented students are eligible to receive state grants and/or scholarships. […]

Published July 6, 2015

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[pdf] U Visa Certification by Judges: Minnesota Board of Judicial Standards Opinion 2015 (+)

This opinion by the Minnesota Board of Judicial Standards discusses how judges can sign U visa certifications consistent with the codes of judicial ethics. There are two Judicial Training and Education Updates one national https://niwaplibrary.wcl.american.edu/pubs/national-uvisa-judicial-training-update/ and one for Minnesota https://niwaplibrary.wcl.american.edu/pubs/minnesota-uvisa-judicial-training-update/ that discusses the this opinion and its implications on U visa certification by judges. The November 30, 2015 U and T Visa Law Enforcement Resource Guidefor Federal, State, Local, Tribal and Territorial Law Enforcement, Prosecutors, Judges, and Other Government Agencies written by the Department of Homeland Security provides further information for judges on U visa certification. https://niwaplibrary.wcl.american.edu/pubs/dhs-updated-u-certification-resource-guide-2015/

Published June 26, 2015 by

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[pdf] Defensa Para Mejorar Servicios Para Mujeres Emigrantes E Inmigrantes Maltratadas Que Viven En Comunidades Rurales (+)

Evidence Lists for VAWA self-petitioners in Spanish. Lista en español de documentos necesarios o útiles para un caso de inmigración para una auto-petición de víctima de violencia doméstica o maltrato cruel.

Published May 8, 2015 by

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[pdf] Chapter 08: Immigration Relief for Child Sexual Assault Survivors (July 10, 2014) (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides basic information on various immigration remedies available to child survivors of sexual abuse and/or assault. This chapter will cover: (1) VAWA (“Violence Against Women Act”) self-petitioning; (2) VAWA cancellation of removal and suspension of deportation; (3) Special Immigrant Juvenile status (“SIJ”); (4) U-visas/interim relief; (5) T-visas; and (6) asylum.

Published July 10, 2014 by

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[pdf] Revised Guidance for the Child Status Protection Act (CSPA) (July 2004) (+)

This guidance significantly modifies a prior interpretation of certain provisions of the CSPA. In particular, it changes how the agency interprets the statute to apply to aliens who aged out prior to the enactment date of the CSPA. It also permits those individuals who were ineligible under the prior policy to file a new application for permanent residence.

Published July 2004 by

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[pdf] Form I-914, Supplement B, Declaration (Certification) of Law Enforcement Officer for Victim of Trafficking in Persons (Januaryy 18, 2017) (+)

This form should be completed by Federal, State, or local enforcement authorities, prosecutors, judges or other government officials for victims applying for T visas under the Victims of Trafficking and Violence Protection Act, Public Law 106-386, as amended.

Published January 18, 2017 by ,

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[pdf] Memorandum on Select Differences Between S. 3061 and H.R. 3887 (+)

The following memorandum analyzes the differences between H.R. 3887, the William Wilberforce Trafficking Victims Protection Act of 2007, as passed by the House on December 4, 2007, and referred to the Senate; and S. 3061, the William Wilberforce Trafficking Victims Protection Act of 2008, as introduced in the Senate on May 22, 2008 by Senators Joseph Biden and Sean Brownback.

Published June 24, 2008 by

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[pdf] Markup before the Committee on International Relations, House of Representatives (2005) (+)

Includes topics of: Encouraging the U.S. Government to Actively Support the Democratic Political and Social Forces in Nicaragua; Urging the Secretary to Coordinate with other Governmental Agencies and NGOs in Creating an Online Database of International Exchange Programs and Related Opportunities; Congratulating Israel on the Election of Ambassador Dan Gillerman as Vice-President of the 60th UN General Assembly; Recognizing the Commencement of Ramadan and Commending Muslims for their Faith; and the Trafficking Victims Protection Reauthorization Act of 2005. (H. Con. Res. 252, H. Res. 192, H. Res. 368, H. Res. 472 and H.R. 972.)

Published October 7, 2005 by

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[pdf] Approval of Compact of Free Associations Between the Governments of the U.S. and the Federated States of Micronesia and the U.S. and The Republic of the Marshall Islands; Trafficking Victims Protection Reauthorization Act of 2003; and Torture Victims Relief Reauthorization Act of 2003 (+)

Markup before the Committee on International Relations, House of Representatives. H.J. Res. 63, H.R. 2620 and H.R. 1813.

Published July 23, 2003 by

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[pdf] INS, Paul Virtue, “Extreme Hardship” and Documentary Requirements Involving Battered Spouses and Children (August 16, 1998) (+)

This INS memorandum discusses the unique factors that will be considered when determining “extreme hardship” and “extreme cruelty”. The memo also discusses the documentary requirements involving battered spouses and children under VAWA’s any credible evidence statutes that apply to battered spouse waiver and all VAWA immigration cases.

Published August 16, 1998 by

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[pdf] Violence Against Women Act of 1994 in the Violent Crime Control and Law Enforcement Act of 1994 (Full Bill) (+)

A copy of the Violent Crime Control and Law Enforcement Act of 1994 -Public Law 103-322 [H.R.3355];
Relevant Section: TITLE IV—-VIOLENCE AGAINST WOMEN; Subtitle G—-Protections for Battered Immigrant Women and Children; Sec. 40701—-IMMIGRANT PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND PREFERENCE STATUS.;
Amends Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1))

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[pdf] Department of Justice Memorandum: Unlawful Presence As is Applies to Person Granted Deferred Action (+)

this Department of Justice memorandum addressing issues relating to the 3 and 10-year bars to admission under Section 212(a)(9)(B)(i)(I) and (II) of the Immigration and Nationality Act and the decision to designate as a period of stay authorized by the Attorney General the entire period during which an alien has been granted deferred action by the Immigration and Naturalization Service (INS).

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[pdf] Full Text of H.R. 3244 Victims of Trafficking and Violence Protection Act and Violence Against Women Act of 2000 (+)

Full Text of H.R. 3244 Victims of Trafficking and Violence Protection Act (TVPA) and Violence Against Women Act of 2000. The TVPA was designed to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against women, and for other purposes. The TVPA has the ability to authorize protections for undocumented immigrants who are victims of severe forms of trafficking (T visa).

Published 2000 by

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[pdf] William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (+)

Public Law 110-457; [H.R. 7311] An act to authorize appropriations for fiscal years 2008 through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measure to combat trafficking in persons, and for other purposes.

Published December 23, 2008 by

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[pdf] American Online Dating Association v. Gonzales (+)

Plaintiff challenging the IMBRA and requesting a temporary restraining order prohibiting enforcement of IMBRA sections, which require international marriage brokers to search national and state sex offender registries and collect domestic client information regarding arrests and convictions, restraining orders, marital history, and ages of minor children and requires the disclosure of this information to potential foreign spouses. Court denied Plaintiff’s Motion for a Temporary Restraining Order.

Published May 26, 2006 by

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[pdf] European Connections & Tours Inc. v. Gonzales and The Tahirih Justice Center (+)

U.S. District Court for the Northern District of Georgia decision regarding Plaintiff’s (European Connections & Tours) challenge of IMBRA under the First and Fifth Amendments of the Constitution; specifically challenging the portions of the IMBRA statute relating to the disclosure of background information and the definition of International Marriage Brokers. Court dismissed the Plaintiff’s Complaint.

Published March 23, 2007 by

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[pdf] How Specially Trained Adjudicators in a Centralized Unit, Rather than Generalists in Local USCIS Offices, Make a Critical Difference in the Quality of Decisionmaking in VAWA Cases (+)

This backgrounder explains the current process and summarizes those survey results, reflecting the experience of legal advocates with the VAWA interviews that are already conducted at local USCIS offices. The survey results indicate that many local offices are poorly equipped to handle VAWA cases, with advocates often giving low marks on both knowledge of the law and sensitivity to victims. Giving local offices any additional interview or adjudication responsibilities in VAWA cases, as the proposals had suggested, simply did not make sense – for victims, or the system – and defied decades of lessons learned and best practices in the domestic violence field about the critical importance of specialized training.

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[pdf] How Training and Expertise Improve VAWA Immigration Case Processing: The Efficacy and Legislative History of the Specialized VAWA Unit (+)

In passing the Violence Against Women Act and including immigration protections in it, Congress sought to create a mechanism through which U.S. immigration laws could offer help to immigrant victims of domestic violence, sexual assault, human trafficking, and other crimes. Spousal abuse consists of chronic violence and is characterized by persistent intimidation and repeated physical and psychological harm. Absent intervention, it is almost guaranteed that the same woman will be assaulted over and over by her mate. Studies indicate that the repeated violence escalates in severity over time and knowledge of this fact is the foremost reason women stay with their batterers.

Published January 6, 2015 by

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[pdf] INS Implements Direct Mail of Form 1-360 for Self-Petitioning Battered Spouses and Children (+)

To ensure appropriate and expeditious handling of all self-petitions filed by battered spouses and children, the Immigration and Naturalization Service (INS) has implemented new centralized filing procedures. Under the new procedures – which were published in the Federal Register on April 7, 1997 – applicants now should mail their applications to the Vermont Service Center.

Published April 9, 1997 by

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[pdf] Letter from Alex Aleinikoff (INS) fo Leslye Orloff (Ayuda) Regarding VAWA Self-Petitioning Cases (+)

Letter in response to Leslye Orloff, Director of Programs at Ayuda, INC from the U.S. Department of Justice Immigration and Naturalization Service discussing creating of the VAWA Unit and VAWA cases processing and the interrelationship with I-130 family based visa processing.

Published August 22, 1996 by

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[pdf] DOJ Memorandum on the Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents (April 16, 1996) (+)

DOJ Memorandum on the Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents (April 16, 1996). This memo details the basic eligibility requirements for VAWA self-petitioning, adjustment of status, employment authorization, evidence in general, extreme hardship and battery and extreme cruelty. HQ 204-P

Published April 16, 1996 by

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[pdf] Violence Against Women Act (VAWA) Board of Immigration Appeals Adjudications: A Call for Consistency and for Adjudications That Reflect VAWA’s Legislative Purpose and the Courts Best Practices in the Handling of Domestic Violence Adjudications (+)

NIWAP report to the Board of Immigration Appeals documenting the extent to which immigration judges and members of Board of Immigration Appeals and their staff need training on the dynamics of domestic violence (battering or extreme cruelty). Enhanced understanding battering or extreme cruelty experienced by immigrant victims of spouse or child abuse who are married to or the child of U.S. citizens or lawful permanent residents will improve outcomes for VAWA cancellation of removal and suspension of deportation applicants furthering the goals of VAWA. This report urges creation of a specialized panel at the BIA that receive specialized training and be charged with BIA review of VAWA cancellation of removal and suspension of deportation cases.

Published February 19, 2013 by

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[pdf] Federal Register: New Classification for Victims of Severe Forms of Trafficking in Persons (+)

This rule is intended to assist all concerned Federal officials, including, but not limited to, officials of the Immigration and Naturalization Service (Service), and eligible applicants, in implementing provisions of section 107(e) of the Trafficking Victims Protection Act of 2000 (TVPA).

Published January 31, 2002 by

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[pdf] Memorandum Regarding Deferred Action for Aliens with Bona Fide Applications for T Nonimmigrant Status (+)

Memorandum outlining changes in Immigration and Naturalization Service (INS) procedures for deferred action determinations on behalf of victims of severe forms of trafficking whose applications for T nonimmigrant status have been determined to be bona fide but are still awaiting final adjudication by the Vermont Service Center (VSC).

Published May 8, 2002 by

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[pdf] Brochure: Immigration Remedies for Trafficking Victims (+)

What is trafficking in persons? What federal laws prohibit trafficking in persons? Is there any immigration relief available for victims of severe forms of trafficking who lack Immigration status in the Unites States? What is a T nonimmigrant visa and who can apply for one? What is a U nonimmigrant visa and who can apply for one?

Published December 2008 by

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[pdf] Finding Victims of Human Trafficking (+)

NORC Final Report responding to a congressional mandate to (1) identify victims and potential victims of domestic trafficking; (2) determine whether victims have been identified as such by law enforcement; and (3) explore differences between sex trafficking and unlawful commercial sex. It examines human trafficking experiences
among a random sample of 60 counties across the United States.

Published September 2008 by

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[pdf] Evidence Checklist for Immigrant Victims Applying for the Crime Victim Visa (+)

Under the Victims of Trafficking and Violence Protection Act of 2000 (“VTVPA”), battered noncitizens and other crime victims may be eligible for a nonimmigrant visa, the U Visa. This form of relief, if granted, gives the applicant immediate legal status as a nonimmigrant and possible lawful permanent residence in the long-term. The following is a list of the requirements that must be met by an applicant, and some suggestions of evidence that may be offered to meet each requirement. Additionally, the Department of Homeland Security (DHS) is required to consider “any credible evidence” in its adjudication of an applicant’s case. The suggested evidentiary documents in this memo are meant to be guidelines, and not exhaustive descriptions of the types of evidence that may be offered to support an application under the U Visa.

Published 2013 by

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[pdf] Form I-918 Supplement B: U Nonimmigrant Status Certification (December, 2021) (+)

In March of 2017 United States Citizenship and Immigration Services released a new U Visa Certification Form for to be used by law enforcement, prosecutors, judges, commissioners, magistrates, the EEOC, the Department of Labor and other U visa certifying agencies. Form I-918 Supplement B: U Nonimmigrant Status Certification

Published March 1, 2017 by

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

These recommendations provide a set of ten basic standards for interviewing women who are in or have left a trafficking situation. The significance of each issue is explained and examples are offered of how, in practice, each can be addressed. The recommendations should not be taken as a comprehensive guide to working with women who have been trafficked.

Published 2003 by

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[pdf] Barriers and Successes in U Visas for Immigrant Victims: The Experiences of Legal Assistance for Victims Grantees (July 23, 2014) (+)

The paper focuses on problems, successes, and creative solutions reported by attorneys and advocates working with immigrant victims eligible to receive crime victim U visas under federal immigration laws. Victims applying for U visa immigration relief must, under current law, submit a U visa certification signed by the head of a law enforcement agency, prosecutor, judge, or other government official with their U visa application. This research provides information regarding effective strategies and best practices used by grantees that are successful in obtaining U visa certification. The systemic barriers that immigrant victims and their advocates encounter when working with U visa are also discussed, along with creative solutions grantees are using to overcome these barriers.

Published 2014 by

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[pdf] Human Trafficking PowerPoint (+)

Learning Objectives: Begin to identify individuals who may be trafficked;Develop interviewing and trust-building techniques to work with trafficking victims;Take steps to expand your organization’s services and/or collaboration to serve trafficking victims;Learn effective strategies for collaboration with law enforcement and other systems to assist victims.

Published April 9, 2009 by

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