Topic: Immigration

Materials and best practices regarding immigration.

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[pdf] The Impact of Immigration Enforcement on Child Welfare (+)

While children of immigrants have a lot at stake in the discussions surrounding U.S. immigration policy, their interests remain largely ignored in the debate. For instance, little consideration is given to the impact of immigration enforcement on the 5.5 million children, the vast majority of whom are native-born U.S. citizens, living with at least one undocumented parent. Similarly overlooked are the significant challenges experienced by public child welfare agencies that encounter children separated from their parents due to immigration enforcement measures.
The U.S. child welfare system is based on the notion of ensuring the safety and best interest of the child; however, this principle is often compromised in the face of conflicting federal immigration policies and practices. This policy brief examines the intersection of immigration enforcement and child welfare and the difficulties facing immigrant families caught between the two systems. Recommendations are provided to prioritize keeping children with their families and out of the public child welfare system whenever possible and to ensure that separated families who do encounter the child welfare system receive appropriate care and due process.

Published March 2010 by ,

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[pdf] Trafficking in Persons: U.S. Policy and Issues for Congress (+)

This report focuses on human trafficking both internationally and within the United States. The report begins with an overview of human trafficking including a discussion of the definition of human trafficking, the scope of the problem globally, and an examination of the victims. It follows with an analysis of global anti-trafficking efforts by the United States and the international community. The report then focuses on trafficking into and within the United States, examining relief for trafficking victims in the United States and discussing U.S. law enforcement efforts to combat domestic trafficking. The report concludes with an overview of anti-trafficking legislation and an analysis of policy issues related to human trafficking.

Published February 18, 2010 by

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[pdf] Experiences of Immigrant Women Who Self-Petition Under the Violence Against Women Act (+)

Undocumented immigrant women who are abused and living in the United States are isolated in a foreign country, in constant fear of deportation, and feel at the mercy of their spouse to gain legal status. To ensure that immigration law does not trap women in abusive relationships, the Violence Against Women Act (VAWA, 1994) enabled immigrant women to self-petition for legal status. Qualitative research methods were used in this participatory action research to investigate the experiences of Mexican immigrant women filing VAWA self-petitions. Emotional, financial, and logistic barriers in applying are identified, and recommendations for practice research and policy are provided.

Published 2010 by

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[pdf] Adjudication Forms I-212 for Aliens Inadmissible Under Section 212(a)(9)(C) or Subject to Reinstatement Under Section 241(a)(5) of the INA in light of Gonzalez v. DHS (+)

Memorandum superseding and rescinding entirely the March 31, 2006 memorandum entitles ‘Effect of Gonzalez v. Ashcroft on adjudication of Form I-212 applications filed by alien who are subject to reinstated removal orders under INA Section 241(a)(5)”

Published May 19, 2009 by

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[pdf] Trafficking Victims Protection Reauthorization Act of 2008: Special Immigrant Juvenile Status Provisions (+)

USCIS Memorandum to inform immigration service officers working Special Immigrant Juveniles (SIJ) petitions about new legislation which affects the adjudication of petitions filed for SIJ status.

Published March 24, 2009 by ,

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[pdf] An Abbreviated Sketch of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (P.L. 100-457): Criminal Law Provisions (+)

Report to accompany H.R. 972. The Committee on International Relations, to whom the bill (H.R. 972) was referred to authorize appropriations for fiscal years 2006 and 2007 for the Trafficking Victims Protection Act of 2000, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

Published February 4, 2009 by

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[pdf] The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (P.L. 100-457): Criminal Law Provisions (+)

The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (H.R. 7311), passed both the House and the Senate on December 10, 2008. the President signed it into law on December 23, 2008, P.L. 110-457, 122 Stat. 5044 (2008). It bolsters federal efforts to combat both international and domestic traffic in human beings. Among other initiatives, it expands pre-existing law enforcement authority and the criminal proscriptions in the area.

Published January 29, 2009 by

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[pdf] T and U-visa Holders Need Legal Permanent Residency: Real Life Stories (+)

A collection of real life stories that illustrate the hardships U visa and T visa holders face without access to lawful permanent residency included in the U visa and T visa statues. This collection was submitted to the U.S. Department of Homeland Security and the Office of Budget and Management as part of advocacy to secure issuance and influence the protections that would be included in the T and U visa lawful permanent residency (adjustment of status) regulations.

Published July 3, 2008 by

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[pdf] William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007 (H.R. 3887 as Passed by the House): Criminal Law Provisions (+)

The criminal law proposals found in H.R. 3887 as it passed the House include newly-assigned sex trafficking offenses, a sex tourism offense, a coerced services offense, obstruction of justice offenses, an importation of prostitutes offense, a false statement offense, and provisions for civil liability, victim assistance, forfeiture, extraterritorial jurisdiction, Justice Department reorganization, and a model state statute.

Published January 14, 2008 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] Guidance for Adjudication of Family-Based Petitions and I-129F Petition for Alien Fiance(e) Under the Adam Walsh Child Protection Safety Act of 2006 (+)

Title IV of the Adam Walsh Act, “Immigration Law Reforms to Prevent Sex Offenders from Abusing Children” contains two provisions that amend the Immigration and Nationality Act (Act). This memorandum provides guidance to U.S. Citizenship and Immigration Services (USCIS) field offices regarding the amendments made by the Adam Walsh Act to sections 204(a)(1)(A)(i), 204(a)(1)(B)(i), 101(a)(15)(K), and 237(a)(2)(A) of the Act.

Published February 8, 2007 by

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[pdf] Memorandum: Interim Guidance Relating to Officer Procedure Following Enactment of VAWA 2005 (+)

Memorandum from John Torres to Field Office Directors and Special Agents in Charge providing guidance to operational units of U.S. Immigration and Customs Enforcement on the new confidentiality procedures created by VAWA 2005 in cases involving individuals who may be eligible to apply for VAWA benefits or T or U visas.

Published January 22, 2007 by ,

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[pdf] VAWA 2005 Immigration Provisions (+)

While VAWA 1994 and 2000 made significant progress in reducing violence against immigrant women, there are still many women and children whose lives are in danger today. Many VAWA-eligible victims of domestic violence, sexual assault, child abuse, or trafficking are still being deported. Others remain economically trapped by abusers or traffickers in life-threatening situations. Some needy victims of family violence, including incest survivors and elder abuse victims, are totally cut off from VAWA’s immigration protections. Finally, many trafficking victims are too afraid to cooperate with law enforcement for fear that traffickers will retaliate against their family members. VAWA 2005 eliminates some of the major obstacles immigrant crime survivors face in achieving safety and legal immigration status.

Published January 5, 2006 by

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[pdf] Violence Against Women and Department of Justice Reauthorization Act of 2005 (+)

Full text of 42 U.S.C. 13701, Violence Against Women and Department of Justice Reauthorization Act of 2005, to enhance judicial and law enforcement tools to combat violence against women; improving services for victims of domestic violence, dating violence, sexual assault, and stalking; protection of battered and trafficked immigrants; etc.

Published January 5, 2006 by

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[pdf] Report on Trafficking Victims Protection Reauthorization Act of 2005 Part II (+)

Report to accompany H.R. 972. The Committee on International Relations, to whom was referred the bill (H.R. 972) to authorize appropriations for fiscal years 2006 and 2007 for the Trafficking Victims Protection Act of 2000, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

Published December 8, 2005 by

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[pdf] Report on Trafficking Victims Protection Reauthorization Act of 2005 Part I (+)

Report to accompany H.R. 972. The Committee on International Relations, to whom was referred the bill (H.R. 972) to authorize appropriations for fiscal years 2006 and 2007 for the Trafficking Victims Protection Act of 2000, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

Published November 18, 2005 by

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[pdf] Eligibility to Self-Petition as a Battered Spouse or Child of a U.S. Citizen or Lawful Permanent Resident Within Two Years of the Abuser’s Loss of Status (+)

Memorandum providing guidance to USCIS officers regarding amendments made to the self-petitioning provisions of the INA by the VTVPA concerning the change in the self-petitioning eligibility requirements regarding the effect of an abuser’s loss of immigration status prior to the filing of and following the approval of a self-petition.

Published October 31, 2005 by

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[pdf] Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended- Student and Exchange Visitor Information System (SEVIS) (+)

This rule makes the final the interim rule amending the Department’s regulations pertaining to foreign students and exchange visitors who enter the United States in F, M, or J nonimmigrant visa categories. The new regulations will establish the verification and reporting procedures required by the Department of Homeland Security (DHS) foreign student monitoring system known as Student and Exchange Visitor Information System (SEVIS).

Published February 16, 2005 by

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[pdf] Age-Out Protections Afforded Battered Children Pursuant to The Child Status Protection Act and the Victims of Trafficking and Violence Protection Act (+)

Memorandum providing guidance to USCIS personnel concerning the Victims of Trafficking and Violence Protection Act of 2000 and the Child Status Protection Act concerning the interrelationship between the age-out provisions of these two laws.

Published August 17, 2004 by

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[pdf] Extension of Validity Period for Notices of Prima Facie Case Issued in Connection with a Form 1-360 Filed by a Self-petitioning Battered Spouse/Child (+)

USCIS memorandum providing supplemental guidance to the Vermont Service Center regarding the handling of “Notices of Prima Facie Case” issued in connection with I-360 self-petitions by spouses and children of abusive US citizens and lawful permanent residences.

Published April 8, 2004 by

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[pdf] Yates Memo on Extension of Conditional Residence (December 2, 2003) (+)

Memorandum providing guidance on what documentation may be given to a conditional resident, as evidence of their status, who has received a 1-year extension on their conditional residency pursuant to the Immigration Marriage Fraud Amendments of 1986, but battered spouse waiver case has not yet been adjudicated.

Published December 2, 2003 by

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[pdf] Trafficking Victims Protection Reauthorization Act of 2003 Part II (+)

Report to accompany H.R. 2620. The Committee on the Judiciary, to whom was referred the bill (H.R. 2620) to authorize appropriations for fiscal years 2004 and 2005 for the Trafficking Victims Protection Act of 2000, and for other purposes, having considered the same report favorably thereon with an amendment and recommend that the bill as amended do pass.

Published September 29, 2003 by

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[pdf] Report on Trafficking Victims Protection Reauthorization Act of 2003 Part I (+)

Report to accompany H.R. 2620. The Committee on International Relations, to whom was referred the bill (H.R. 2620) to authorize appropriations for fiscal years 2004 and 2005 for the Trafficking Victims Protection Act of 2000, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass.

Published September 5, 2003 by

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[pdf] The Child Status Protection Act- Memorandum Number 2 (+)

The purpose of this memorandum is to provide additional guidance to Service officers concerning this new law. As with the previous memorandum, while this memorandum will provide examples of cases that may be affected by the CSPA, it is impossible to anticipate and address every possible scenario.

Published February 14, 2003 by

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[pdf] The Child Status Protection Act (+)

The purpose of this memorandum is to provide preliminary guidance to Service officers concerning the amendments made to the Act by the CSPA. While this memorandum will provide examples of cases that may be effected by the CSPA, it is impossible to anticipate and address every possible scenario. As a note, the sections of the CSPA that address children of asylees and refugees will be addressed in a separate memorandum.

Published September 20, 2002 by

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[pdf] Eligibility to Self-Petition as an Intended Spouse of an Abusive U.S. Citizen or Lawful Permanent Resident (+)

Memorandum discussing eligibility and required evidence for a battered “intented spouse” (i.e. a battered alien who believed s/he was married to a U.S. citizen or Legal Permanent Resident, but later discovered the marriage was not legitimate because of the bigamy of the USC or LPR) to self-petition.

Published August 21, 2002 by

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[pdf] Offering a Helping Hand: Legal Protections for Battered Immigrant Women: A History of Legislative Responses (March 1, 2002) (+)

This article chronicles the legislative history of immigration protections afforded immigrant crime victims in the Violence Against Women Acts (VAWA) of 1994 and 2000, through the Battered Spouse Waiver, and through VAWA Confidentiality, the history and development of the VAWA self-petition, VAWA cancellation of removal, the battered spouse waiver, any credible evidence standard, VAWA confidentiality, benefits access for battered immigrant VAWA self-petitioners and cancellation/suspension applicants, the U-Visa, victim’s ability to obtain lawful permanent residency in the U.S. and Legal Services Corporation funded legal assistance are discussed in detail. This article collects and publishes information contained in documents developed during advocacy that led to the passage of federal immigration law legislation creating each of these protections.

Published March 1, 2002 by

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[pdf] Eligibility to Self-Petition as a Battered Spouse of a U.S. Citizen or Lawful Permanent Resident Within Two Years of Divorce (+)

Memorandum describing change to the VAWA self-petition provisions made by VTVPA that preserves self-petitioning eligibility for former spouses if the marriage was legally terminated during the 2-year period immediately preceding the filing of the self-petition.

Published January 2, 2002 by

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[pdf] Crossing the Threshold to Safety: Stories of Immigrant Crime Victims Who Will Benefit From Attaining U-visas (+)

Stories of victims who will benefit from U visa protections. These stories were collected as part of the effort to secure regulations implementing the U visa protections that became law as part of VAWA 2005.

Published August 16, 2001 by

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[pdf] Documentary Requirements for VAWA Cases (February 2014) (+)

Under the Violence Against Women Acts (VAWA) of 1994 and 2013, battered immigrant women may be eligible for two kinds of immigration relief: 1.) VAWA self-petitions and 2.) VAWA cancellation of removal (formerly suspension of deportation). These two forms of relief can lead to lawful permanent residence for the applicant. The following memo lists the requirements that must be met by an applicant, and some suggestions of evidence that may be offered to meet each requirement. The regulations accompanying VAWA recommend the submission of certain types of documents with the self-petition. Some of these are named below. The Immigration and Naturalization Service (INS) is required, however, to consider “any credible evidence”. 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 a petition under VAWA.

Published February 2014 by

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[pdf] Lifetime Prevalence of Violence Against Latina Immigrants: Legal and Policy Implications (+)

This article examines the prevalence of various forms of domestic violence experienced by Latina immigrant women, the nature of the battering and extreme cruelty they experience, and public policy implications of the findings. The this research found high levels of intimate partner abuse experienced by immigrant Latinas and publishes data about immigrant victims in married to citizens and lawful permanent residents that Congress relied upon in when creating VAWA self-petitioning in 1994. Includes a discussion of immigration related abuse, details about the types of physical, sexual and emotional abuse victims suffered, describes the types of emotional abuse that are significantly related to physical and sexual abuse, and provides empirical data documenting several of the factors that in and of themselves or collectively constitute “extreme cruelty” under U.S. immigration laws.

Published December 20, 2000 by

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[pdf] Federal Register: Proposed Asylum Regulations (+)

This rule proposes to amend the Immigration and Naturalization Service regulations that govern establishing asylum and withholding eligibility. This rule provides guidance on the definitions of “persecution” and “membership in a particular social group,” as well as what it means for a persecution to be “on account of” a protected characteristic in the definition of a refugee.

Published December 7, 2000 by

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[pdf] Proposed Rule Issued for Gender-Based Asylum Claims (+)

A news release on the Attorney General and the Commissioner of the Immigration and Naturalization Service’s (INS) announcement regarding the publication of regulations that establish a broad analytical framework for the consideration of asylum claims based on membership in a particular social group. The proposed rule recognizes that victims of domestic violence may qualify for asylum under the Immigration and Nationality Act (INA).

Published December 7, 2000 by

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[pdf] Trafficking Victims Protection Act of 2000 Part II (+)

Report, with Minority Views, to accompany H.R. 3244. The Committee on the Judiciary, to whom was referred the bill (H.R. 3244) to combat trafficking of persons, especially into the sex trade, slavery, and slavery-like conditions, in the United States and countries around the world through prevention, through prosecution and enforcement against traffickers, and through protection and assistance to victims of trafficking, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass.

Published 2000 by

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[pdf] Guidance on Standards and Methods for Determining Whether a Substantial Connection Exists Between Battery or Extreme Cruelty and Need for Specific Public Benefits (December 11, 1997) (+)

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, provides that certain categories of aliens who have been subjected to battery or extreme cruelty in the United States are “qualified aliens” eligible for certain federal, state, and local public benefits. To be qualified under this provision, an alien must demonstrate, among other things, that there is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought. This notice provides guidance to benefit providers regarding substantial connection determinations.

Published December 11, 1997 by

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[pdf] Supplemental Guidance on Battered Alien Self-Petitioning Process and Related Issues (+)

Memorandum moving VAWA self-petitioning adjudications to a centralized unit the “VAWA Unit” at the Vermont Service Center. This memo moved VAWA self-petitioning adjudications from INS field offices and regional service centers across the country to the VAWA Unit for adjudication VAWA self-petitioning applications filed by abused immigrant spouses and children who had suffered battery or extreme cruelty perpetrated by their U.S. Citizens and lawful permanent resident spouses and parents.

Published May 6, 1997 by

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[pdf] Memorandum: Supplemental Guidance on Battered Alien Self-Petitioning Process and Related Issues (+)

Memorandum from Paul Virtue outlining changes in the handling of I-360 self-petitions for immigrant status filed by battered spouses and children of U.S. citizens and permanent residents aliens and addresses related issues.

Published May 6, 1997 by

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[pdf] Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 (+)

Full version of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 , public law 104-208. Confidentiality provisions are listed in Section 384.

Published September 30, 1996 by

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[pdf] VAWA Self-Petitioning Regulations – Interim Rule (March 26, 1996) (+)

Federal Register: Petition to Classify Alien a s Immediate Relative of a United States Citizen or as a Preference Immigrant; Self-Petitioning for Certain Battered or Abused Spouses and Children. This interim rule amends the Immigration and Naturalization Service (“the Service”) regulations to allow a spouse or child to seek immigrant classification if he or she has been battered by, or subjected to extreme cruelty committed by, the citizen or lawful permanent resident spouse or parent. It also permits a spouse to seek classification if his or her child has been battered by, or subjected to extreme cruelty committed by, the citizen or lawful permanent resident spouse. A
qualified spouse or child who is living in the United States but is not a permanent resident may use the procedures established by this rule to self-petition for immigrant classification.

Published March 26, 1996 by

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[pdf] Mandatory U-visa Certification Unnecessarily Undermines the Purpose of the Violence Against Women Act’s Immigration Protections and Its “Any Credible Evidence” Rules – A Call for Consistency (September 10, 2010) (+)

This article discusses the development of immigration law’s “any credible evidence” standard of proof and its application in VAWA and TVPA related immigration cases. This article urges reforms in immigration law to remove U-visa certification as a mandatory prerequisite that bars many otherwise eligible immigrant crime victims from being able to access U-visa protections.

Published September 10, 2010 by

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[pdf] Case Summary: Matter of A-R-C-G, 26 I&N Dec. 388 (B.I.A. 2014) (+)

The Board of Immigration Appeals (BIA) on August 26, 2014 issued a precedent setting ruling that established the circumstances under which victims who suffer domestic violence in their home country will be eligible to received gender based asylum in the United States. This reading looks at a case where a battered spouse petitioned for asylum and withholding of removal in the United States after her husband repeatedly abused her in Guatemala.

Published 2014 by

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[pdf] Operating Policies and Procedures Memorandum No. 97-7: Procedures for Identifying Potential Battered Spouse/ Battered Child Cases (+)

A memorandum about the operating policies and procedures for identifying potential battered spouse/ battered child cases from the office of the Chief Immigration Judge to all deputy chief immigration judges, all assistant chief immigration judges, all immigration judges, all court administrators, all judicial law clerks, and all court staff.

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[pdf] Obtaining U Visa Certification from Judges in Protection Order, Family, Criminal, and Other State Court Proceedings (+)

Learning objectives for this presentation are: promote advocates and attorneys seeking U visa certification from judges, understand when judges can sign U visas and how to approach judges for certification in family, civil, and criminal court cases, identify the reasons why courts may not be signing U visa certifications, anticipate and overcome challenges, and develop a plan for approaching judges for certification.

Published February 14, 2014 by

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[pdf] Department of Homeland Security’s Position on Respondent’s Eligibility for Relief: In Re Alvarado-Pena (+)

This case presents the issue of whether the applicant may qualify for asylum based on her fear of domestic violence. More specifically, this case raises the question whether the applicant’s fear of domestic violence may establish a well-founded fear of persecution on account of membership in a particular social group. The Department of Homeland Security (DHS) argues that, under some limited circumstances, a victim of domestic violence can establish eligibility for asylum on this basis, and that the applicant in this case has established such eligibility.

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[pdf] Operating Policy and Procedure Memorandum 97-9: Motions for “Prima Facie” Determination and Verification Requests for Battered Spouses and Children (1997) (+)

This Operating Policy and Procedure Memorandum concerns the procedures for handling a verification process to identify those aliens whose applications for suspension of deportation have been granted under section 244(a)(3) of the Immigration Nationality Act (INA) and the procedures for handling a motion for prima facie determination for those aliens, who have a pending application for suspension of deportation under 244(a)(3) or cancellation of removal under section 240A(b)(2) of the INA before an Immigration Judge. This memorandum is addressed to assistant chief immigration judges, immigration judges, court administrators, and support staff.

Published 1997 by

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