[pdf] Kewan, U.S. Court of Appeals for the 9th Circuit (2005) (+)

Kewan, U.S. Court of Appeals for the 9th Circuit (2005). Amicus brief discussing research data and the dynamics of domestic violence against male victims and VAWA’s gender neutrality offering protection to both male and female victims. (Northwest Immigrant Rights Project)

[pdf] Sanchez v. Gonzalez, Amicus Brief U.S. Court of Appeals for the 7th Circuit (November 8 2006) (+)

Sanchez v. Gonzalez, U.S. Court of Appeals for the 7th Circuit (2006). Amicus brief discussing the Violence Against Women Act’s legislative history and purpose and the special motion to reopen provisions designed for immigrant victims filing VAWA cancellation of removal cases. The trial court and BIA failed to offer Sanchez access to VAWA’s motion to reopen provisions. Additionally, Sanchez’ trial counsel was unfamiliar with VAWA’s special rules and provided Ms. Sanchez with ineffective assistance of counsel. (K&L Gates, Pro Bono).

[pdf] Ramirez Amicus Brief in Support of Appeal, Board of Immigration Appeals (January 26 2007) (+)

Ramirez-Avila, Board of Immigration Appeals (2007). Amicus brief discussing the Violence Against Women Act’s lesser extreme hardship standard and the approach to be taken in VAWA cancellation of removal cases with regard to good moral character. (Arnold and Porter, Pro Bono).

[pdf] Cabezas (2010) US Citizenship and Immigration Service Administrative Appeals Office (+)

Esteban Cabezas is an appeal to the United States Citizenship and Immigration Services Administrative Appeals Office (2010) of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigration related abuse and the role this abuse plays as part of a pattern of extreme cruelty. (Andrew Taylor, Pro Bono)

[pdf] Leiva-Mendoza v. Holder (April 22 2011) United States Court Of Appeals For The 8th Circuit (+)

Leiva-Mendoza v. Holder, United States Court Of Appeals For The 8th Circuit (April 2 2011) discusses how a child’s witnessing of serious domestic violence perpetrated against their parent is a basis for granting VAWA cancellation of removal to children who witness domestic violence perpetrated against their parent even in cases in which the children have not themselves been abused. This amicus brief provided the court with the relevant research data on harm to children of witnessing abuse in the home and argued that requiring proof of “actual harm” to the child is not required to prove “extreme cruelty.”

[pdf] USCIS Opens the Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center (March 30, 2023) (+)

U.S. Citizenship and Immigration Services (USCIS) is announcing the opening of the Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) Service Center, the sixth service center within its Service Center Operations (SCOPS) directorate, and the first to focus on humanitarian and other workload cases. The cases HART opened with adjudicating are: VAWA self-petitions (I-360), U visa bona fide determinations (I-918), Relative Petition for Asylees and Refugees (I-730) and Applications for waivers of reentry bars for immigrant spouses of U.S. citizens and lawful permanent residents.

[pdf] Domestic Violence and Involuntary Servitude as Human Trafficking (August 17, 2023) (+)

This document summarized new DHS policies describing how human trafficking in the form of involuntary servitude occurs and the proof that can be offered to demonstrate that a domestic violence or child abuse victim has also been subjected to human labor trafficking by their domestic violence or child abuse perpetrators. Human trafficking can and does occur within families and this tool will help judges, family lawyers, prosecutors and victim advocates identify it, document it, and make findings about its existence in court orders. By identifying human labor trafficking occurring within families immigrant victims gain a faster path to legal immigration status and greater access to public benefits and services than if courts, attorneys and victim advocates fail to identifying labor trafficking occurring within families.

[pdf] Chapter 03.6: U-Visas: Victims of Criminal Activity (August 8, 2023) (+)

Full chapter excerpt from “Breaking Barriers: A Complete Guide to Legal Rights and Resources for Battered Immigrants” 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.

[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.

[pdf] Minnesota v. Daniel Salvador Niola Agudo (June 26, 2023) (+)

Minnesota Court of Appeals in an unpublished ruling decided that district court did not abuse its discretion by excluding expert testimony regarding the U visa process and the victim’s immigration status from the criminal case. As the district court observed, Niola failed to establish any connection between the U visa process and the child’s allegations that would make immigration evidence more than minimally relevant to this case. The district court excluded evidence of the child’s and her mother’s immigration status as both irrelevant and unfairly prejudicial.

[pdf] Access to Publicly Funded Legal Services for Immigrant Survivors (2014) (+)

In 2014, the Legal Service Corporation (LSC) issued regulations confirming that all immigrant crime victims are legally eligible for LSC funded legal services under anti-abuse regulations. This brochure discusses immigration status based eligibility as well as eligibility under anti-abuse laws. It provides advocates with a guide to immigrant crime victim access to LSC funded legal services, including an illustration on how VAWA, U-visa, and trafficking victims become eligible for LSC representation.

[pdf] FBI Bulletin, The U Visa An Effective Resource for Law Enforcement (March 15, 2011) (+)

Law enforcement personnel strive for strong connections with all citizens. In pursuit of this goal, striking an appropriate balance—one that punishes wrongdoers while protecting victims—can present a challenge. One way that officers not only can foster better relationships with immigrant communities but also increase offender accountability, promote public safety, and help ensure that crimes translate into convictions is to promote awareness of the U visa, which provides important immigration benefits to cooperating crime victims. In this article for the FBI Bulletin the authors discuss the fear of deportation has created a class of silent victims and undermined officers’ attempts at community-oriented policing among immigrant populations. They opine that the U visa helps improve relations with these communities, increase the reporting of criminal activity, enable provision of services to victims, and enhance the prosecution of violent perpetrators. Also, the authors feel that officers may have misconceptions about the U visa and not recognize its effectiveness as a tool. They hope that this article will help clarify the intent, purpose, and benefits of the U visa to the law enforcement community.

[pdf] USCIS and State Department: Intercountry Adoption Process Flow Chart of Key Steps (June 6, 2023) (+)

USCIS and the U.S. State Department developed this tool to assist judges and attorneys in the U.S. to better understand the intercountry adoption process for foreign born children from Hague Convention and non-Hague Convention countries. This tools helps ensure that the proper steps are followed so that the adopted child obtains a visa providing them legal immigration status and a path to naturalized citizenship.

[pdf] USCIS Fact Sheet: Adoption in U.S. Courts of Children from Hague Adoption Convention Countries (June 6, 2023) (+)

Foreign-born children in the United States who are adopted in a U.S. court may face immigration-related implications. Adoption alone does not give a child lawful immigration status. This fact sheet reviews the immigration implications for children from Hague Adoption Convention (“Convention” or “Hague”) countries who did not immigrate to the United States through the U.S. Convention process and are undergoing U.S. adoption proceedings.

[pdf] Senate: Adequacy of the Department of Health and Human Services’ Efforts to Protect Unaccompanied Alien Children from Human Trafficking (January 28, 2016) (+)

Report of the Senate Permanent Subcommittee on Investigations, Homeland Security and Government Affairs Committee, United States Senate. ADEQUACY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES’ EFFORTS TO PROTECT UNACCOMPANIED ALIEN CHILDREN FROM HUMAN TRAFFICKING The Subcommittee conducted a hearing about deficiencies in the procedures used by the Department of Health and Human Services to safely place unaccompanied alien children with sponsors in the United States.

[pdf] Filing to Remove Conditions for Legal Permanent Residency for Battered Spouses: Choose Battered Spouse Waiver Over Divorce (May 23, 2023) (+)

Congress created the Battered Spouse Waiver to make it easier for immigrant survivors to remove conditions for legal permanent residency that would typically require a joint filing with the abusive US Citizen or Legal Permanent Resident spouse. However, due to the current evidentiary requirements, many immigration attorneys opt to take what appears to be the […]

[pdf] How to Apply for Fee Waivers (May 19, 2023) (+)

Fee waivers assist immigrant survivors facing hardships in filing for relief by waiving filing fees that may be preventing immigrant survivors from receiving immigration relief. This publication reviews which immigration forms are exempt and/or eligible for fee waivers, how to apply for a fee waiver, and best practices for filing fee waivers with other immigration […]

[pdf] Trauma Informed – Structured Interview Questionnaires for Immigration Cases (SIQI)(April 27, 2023) (+)

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 2023 version incorporates questions helpful to assessing stalking behaviors and risk factors.

[pdf] USCIS is creating HART Virtual Service Center for Humanitarian Immigration Relief (March 39, 2023) (+)

This newsletter informs the field attorneys, judges, victim advocates , police, and prosecutors about the opening of the USCIS HART Service Center that will specialize in adjudicating cases involving immigrant victims of domestic violence, sexual assault, stalking, human trafficking, child abuse and other crimes and will help victims gain access to work authorization more swiftly and greater protections against deportation. This newsletter also discusses new U visa certification policies at the U.S. Department of Labor that will help immigrant victims of labor trafficking.

[pdf] Minnesota U and T Visa Certification Law (July 1, 2021) (+)

The Minnesota state U and T visa certification law requires law enforcement agencies in Minnesota to respond to U and T visa requests within 90 days and within 14 days if the victim is in removal proceedings. Requires law enforcement agencies to designate certifiers, respond timely to requests for certification, conduct outreach informing the community about certification, keep records of requests, implement language access plans and prohibits disclosure of information about persons seeking certification.

[pdf] Answers to Questions from State Court Judges on the 2022 Special Immigrant Juvenile Status (SIJS) Regulations (April 4, 2023) (+)

This document addresses the most frequently asked questions that come up during judicial trainings for state court judges on SIJS findings of fact and conclusions of law needed by immigrant children filing Special Immigrant Juvenile State petitions. It address best practices for drafting state court orders and is up to date through April 2023 and covers the 2022 SIJS regulations as well as information contained in the SIJS policy manual issued by USCIS.

[pdf] Setting Up the Crime and Abuse Victim Protection Directorate at USCIS (August 23, 2022) (+)

This report submitted to the Ombudsman for USCIS argues for moving all of the adjudications of VAWA self-petitions, U and T visas, Battered Spouse Waivers, Work Authorizations for Abused Spouses of Visa Holders and Special Immigrant Juvenile Status Petitions into one adjudication system with expert adjudication staff and managers that specialize in these forms of immigration relief. The goal of which will be to speed up the wait time between filing and receipt of deferred action and work authorization for immigrant victims. This paper contributed to the creation of the HART Service Center that USCIS announced the opening of on March 30, 2023. To receive any of the attachments cited in this report contact NIWAP at info@niwap.org.

[pdf] In Re Guardianship of Saul H. NIWAP Amicus Brief to California Supreme Court (March 21, 2022) (+)

This document provides the amicus brief filed by NIWAP on March 21, 2022 to the California Supreme Court in support of the petitioner in In re Guardianship of Saul H. This case originated when a state probate trial court that refused to issue a predicate order to an immigrant child who suffered abuse and neglect perpetrated by his parents. Despite the uncontroverted evidence about the abuse and neglect by Saul’s parents, the probate court denied his request of SIJS findings. Saul appealed and the Court of Appeals affirmed, and ultimately the California Supreme Court reversed, with all justices concurring. In In re Guardianship of Saul H., the California Supreme Court provides very helpful clarification and direction that will assist trial courts and appellate courts in California and nationally for state courts carrying out their Congressionally assigned role issuing predicate orders that are a required of immigrant children filing SIJS applications. This amicus brief can also be a useful training tool.

[pdf] Form I-912: Request for Fee Waiver (USCIS) (+)

This form requests a fee waiver for certain USCIS immigration forms and services based on a demonstrated inability to pay. Forms eligible for this fee waiver may be found in the instructions here: https://niwaplibrary.wcl.american.edu/pubs/fee-waiver-instructions (pages 1-2).

[pdf] EOIR Form 26A: Fee Waiver Request (+)

This two-page document is a fee waiver application that eligible immigrants may file with their EOIR forms in immigration court. This fee waiver is specific to EOIR forms and immigration court. A different fee waiver form is required for USCIS applications and may be found here: https://niwaplibrary.wcl.american.edu/pubs/i-912.

[pdf] Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status USCIS-2011-0010 (September 13, 2021) (+)

NIWAP comment seek a final T visa rule that provides further clarification and instruction regarding the T visa Trauma Exception. These comments explain why defining “trauma” will help T visa applicants know if they qualify for the physical and psychological trauma exception to the law enforcement cooperation requirement. These comments further explain why immigrant victims eligible for T visas, U Visas, VAWA self-petitions, and for VAWA cancellation of removal and VAWA suspension of deportation should, by default, not be subject to reinstatement of removal proceedings, unless certain qualifications are met. These regulations provide USCIS an opportunity to also address the ongoing problems being caused for all immigration relief eligible victims by ending DHS’s 17-year delay to implement VAWA 2005’s Congressional instruction that DHS exercise its discretion to not reinstate removal against T visa, U visa, VAWA self-petitioner, VAWA cancellation and VAWA suspension applicants and eligible victims.

[pdf] REPORT – PROMOTING ENHANCED ACCESS TO SPECIAL IMMIGRANT JUVENILE STATUS (SIJS): Addressing Abuse by “One Or Both” Parents And Recognizing the Range of Court Proceedings In Which SIJS Orders Can Be Issued (October 10, 2013) (+)

This report has been developed to highlight issues that the U.S. Citizenship and Immigration Services should consider as it issues regulations governing implementation of recent legislative improvements to the protections available under immigration law offering Special Immigrant Juvenile Status to abused, abandoned and neglected children. Our work is focused on four key areas, all of which are vital to alleviating poverty and improving the health and safety of immigrant women: immigration policies; economic empowerment; justice system relief for immigrant women; and rights and protections for victims of domestic violence, sexual assault and human trafficking. The ultimate agenda is to provide training, technical assistance, advocacy, research, materials and up to date information on government policies and best practices so that advocates, lawyers, police, prosecutors, judges and other professionals have the tools they need to help immigrant women, children and crime victims access the services, justice system and immigration relief, health care, housing, educational opportunities, benefits and other assistance they are legally entitled to receive. NIWAP works with professionals inside and outside of government to forge innovative solutions that improve legal protections and access to justice for immigrant women and children in the United States.

[pdf] USCIS Form i-485(December 23, 2022) (+)

Form I-485 application for adjustment of status to lawful permanent residency instructions. Includes details about applying for lawful permanent residency as a Violence Against Women Act (VAWA) self-petitioner, VAWA Haitian Refugee Immigration Fairness Act (VAWA HRIFA), and VAWA Cuban Adjustment Act (VAWA CAA) applicants.

[pdf] USCIS Form i-485 Instructions (December 23, 2022) (+)

Form I-485 application for adjustment of status to lawful permanent residency instructions. Includes details about applying for lawful permanent residency as a Violence Against Women Act (VAWA) self-petitioner, VAWA Haitian Refugee Immigration Fairness Act (VAWA HRIFA), and VAWA Cuban Adjustment Act (VAWA CAA) applicants.

[pdf] Romero v. Perez, Court of Appeals of Maryland (April 1, 2019) (+)

Special Immigrant Juvenile Status Maryland Court of Appeals ruling addressing the standard that is to be applied when courts enter conclusions of law that reunification with a parent who subjected the child to abuse, abandonment or neglect was not viable. In making this determination the trial courts must apply the Maryland law definitions of abuse, neglect and abandonment and must look at whether reunification would be unworkable. The higher exacting standard that courts apply in termination of parental rights proceedings are not the standards to be applied in SIJS cases. The case includes a significant discussion of SIJS legislative history and purpose, the SIJS process, the trial court’s obligation to make SIJS findings, the burden of proof in SIJS cases, and the legal standards to apply when courts make SIJS judicial determinations. 463 Md. 182, *185; 205 A.3d 903, **905; 2019 Md. LEXIS 163 (April 1, 2019).

[pdf] Comparing Inadmissibility Waivers Available to Immigrant Victims in VAWA Self-Petitioning, U Visa, T Visa and Special Immigrant Juvenile Status Cases (December 26, 2022) (+)

This chart was developed to assist prosecutors, judges and attorneys representing immigrant victims of domestic violence, sexual assault, human trafficking, child abuse, child abandonment, child neglect, and other U visa listed criminal activities to promote a better understanding of the inadmissibility factors that apply, do not apply, or could be waivable for each of the primary forms of immigration relief immigrant victims of crime and abuse are eligible to receive under U.S. immigration laws. This document contains detailed footnotes citing and explaining the statutes and regulations that govern inadmissibility for immigrant crime victims.

[pdf] Special Immigrant Juveniles (SIJS): Inadmissibility Factors That Do and Do Not Apply to SIJS Cases (December 26, 2022) (+)

Reference list on inadmissibility factors that do and do not apply in cases of children applying for Special Immigrant Juvenile Status (SIJS) and for lawful permanent residence as SIJS recipients. For more detailed information on inadmissibility for victims of crime and abuse see https://niwaplibrary.wcl.american.edu/inadmissibility-comparison-charts-for-victims.

[pdf] Chapter VI – Inadmissibility in Special Immigrant Juvenile Status Cases (December 26, 2022) (+)

This Chapter explains admissibility requirements and the inadmissibility waivers that may be available in cases of children applying for SIJS. It discusses the grounds of inadmissibility and SIJS that describes the inadmissibility that statutorily does not apply or can be waived in cases of SIJS and grounds of inadmissibility that SIJS cannot waive.

[pdf] Improving 8 U.S.C. 1367 VAWA Compliance and Avoiding Harm to Abused Spouses and Children in I-130 Family Based Visa Petition Cases and I-485 Family Based Adjustments (November 28, 2022) (+)

This memo proposes steps USCIS can take to fill gaps in VAWA confidentiality implementation in the context of Family based visa petition adjudications (I-130) and adjudication of lawful permanent resident applications (I-485) filed on behalf of noncitizen spouses. The goal is to ensure that USCIS adjudicators do not rely upon information provided by a U.S. citizen or lawful permanent resident spouse who is a perpetrator of domestic violence, battering or extreme cruelty to deny a noncitizen spouse’s application, particularly on the grounds of marriage fraud when the “evidence” of marriage fraud comes from the perpetrator. This type of outcome is exactly what Congress sought to avoid with VAWA confidentiality protections.

[pdf] DRAFT Standard Operating Procedures Directive Applicable to All ICE, CBP and OPLA Officials who Encounter Victims of Crime or Abuse, VAWA Confidentiality Protected Persons, and/or Victims, Witnesses or Parties in Legal Proceedings (February 28, 2022) (+)

Draft Standard Operating Procedures Directive for ICE, CBP and OPLA developed and submitted to Secretary Alejandro Mayorkas by Leslye E. Orloff on February 28, 2022. Developed with the assistance of Rafaela Rodrigues.

[pdf] Extending VAWA Confidentiality and 384 Protections to Special Immigrant Juvenile Status Eligible Immigrant Children (January 31, 2023) (+)

This memo submitted to the Council on Combatting Gender-Based Violence at DHS on January 31, 2023 discusses why SIJS children should receive the same VAWA confidentiality protections as all other immigrant survivors protected under the Violence Against Women Act (VAWA) and the Trafficking Victims Protection Act (TVPA).

[pdf] Legislative History of VAWA (94,00,05), T and U-Visas, Battered Spouse Waiver, and VAWA Confidentiality (January 5, 2023) (+)

This document recounts the legislative history of laws offering protection for victims of domestic violence sexual assault and human trafficking with a particular focus on the immigration relief developed by Congress to protect immigrant survivors.

[pdf] HHS: Instructions Requests for Assistance for Child Victims of Human Trafficking (Current as of 2022) (+)

Provides instructions that professionals working with immigrant children who are victims of human trafficking (sex or labor) can us to file requests for assistance with HHS. These requests for assistance lead to issuance of child eligibility letters that make immigrant trafficked children eligible for federal and state public benefits to the same extent as refugees. Children must apply while they are under the age of 18. Eligibility letters once issues do not end and last until the child can apply for and be granted a T visa or lawful permanent residency through another form of immigration relief.

[pdf] Issuance of Child Eligibility Letters on or after Applicant’s 18th Birthday if Application Received Prior to 18th Birthday (May 11, 2016) (+)

Program Instruction for HHS, Administration on Children and Families, Office on Trafficking in Persons (OTIP) explaining that when children file Requests for Assistance while the child is under the age of 19, if the child turns 18 during the HHS eligibility determination process and/or receives their HHS eligibility letter after they turn age 18, they remain able to receive and use the HHS eligibility letter indefinitely as a basis to receive federal and state public benefits to the same extent as refugees.

[pdf] Appendix D1 – USCIS SIJS Policy Manual Full – Vol 6 (October 7, 2022) (+)

This Appendix explains the purpose, background and eligibility requirements of SIJS. It discusses documentation, evidence, adjudication, appeals, motions to reopen, and motions to reconsider, and finally Data about SIJS.

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.

[pdf] Appendix D2 – USCIS SIJS Policy Manual Full – Vol 7 (October 7, 2022) (+)

This Appendix is a USCIS policy manual on the adjustment of status in Special Immigrant Juvenile cases. It explains the purpose and background and eligibility requirements. If further discusses adjudication the documentation and evidence.

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.

[pdf] Special Immigrant Juvenile Status Regulations 1993, 2009, 2011, and 2022 (October 3, 2022) (+)

This document compares and contrasts the original 1993 rule on Special Immigrant Juvenile
Status, a 2009 amendment to this rule, the 2011 proposed rule on Special Immigrant Juvenile
Status, and the subsequently adopted 2022 rule that went into effect on March 8, 2022. The 2022
rule significantly amended prior versions of the rule, including the 2011 proposed rule. This
document will help readers understand the 2022 rule amendments and which portions of the
1993 and 2009 versions of the rule remain intact, as well as which portions of the 2011 proposed
rule remained in the final rule.

[pdf] USCIS Naturalization for Special Immigrant Juveniles (SIJS) (September 21, 2022) (+)

Fact Sheet developed by USCIS describing the benefits and process for immigrant children who were victims of abuse, abandonment, neglect or similar harm perpetrated by at least one of the child’s parents who were granted Special Immigrant Juvenile Status by USCIS and gained lawful permanent residency through the SIJS program.

[pdf] USCIS Naturalization for Lawful Permanent Residents Who Had T or U Nonimmigrant Status (September 21, 2022) (+)

Fact Sheet developed by USCIS describing the benefits and process for immigrant victims of trafficking, domestic violence, sexual assault, stalking or other criminal activities who were granted T or U visas and obtained lawful permanent residency through the T visa or U visa programs.

[pdf] USCIS Naturalization for VAWA Lawful Permanent Residents (September 21, 2022) (+)

Fact Sheet developed by USCIS describing the benefits and process for abused immigrant spouses, children and parents who obtained lawful permanent residency through forms of Violence Against Women Act (VAWA) immigration relief.

[pdf] Relevancy of a Victim’s Immigration Status in State Criminal Court Proceedings (August 24, 2022) (+)

This publication provides prosecutors with case law and statutory analysis regarding when and under what circumstances a victim’s immigration status is considered relevant or irrelevant in a criminal case. It looks at how courts across the country handle evidence of a victim’s immigration status generally, addresses how courts treat a witness’s immigration status evidence in criminal proceedings, in particular, and offers prosecutors strategies and useful resources.

[pdf] In Re Guardianship of Saul H. California Supreme Court Ruling Summary (August 18, 2022) (+)

This document provides and overview for state court judges issuing Special Immigrant Juvenile Predicate Orders of the California Supreme Court ruling on August 15, 2022, in In re Guardianship of Saul H. The Court overturned a state probate trial court that refused to issue a predicate order to an immigrant child who suffered abuse and neglect perpetrated by his parents. Despite the uncontroverted evidence about the abuse and neglect by Saul’s parents, the probate court denied his request of SIJS findings. Saul appealed and the Court of Appeals affirmed, but on the California Supreme Court reversed, with all justices concurring. In In re Guardianship of Saul H., the California Supreme Court provides very helpful clarification and direction that will assist trial courts and appellate courts in California and nationally for state courts carrying out their Congressionally assigned role issuing predicate orders that are a required of immigrant children filing SIJS applications. The training tool for state court judges and lawyers summarizes the California Supreme Courts ruling.

[pdf] DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda Information for State Court Judges (December 27, 2021) (+)

This Bench Card helps courts understand the laws that protect immigrant crime victims from immigration enforcement activities, DHS immigration enforcement priorities and limitations placed by federal statute and by Department of Homeland Security policies on immigration enforcement at courthouses. Additionally, understanding which locations DHS considers sensitive locations will help courts craft orders that help children and families. This bench card provides courts access to legally correct information about immigration law that courts can apply when they are called upon to adjudicate cases in which a party has raised an immigration issue in state court.

This bench card has been updated to reflect the Department of Homeland Security Enforcement Priorities that require a cases by case consideration of the totality of the circumstances and mitigating factors that include crime victimization, being a caregiver of children, incapacitated adults, and/or elder parents, as well as other factors including length of time in the U.S., and education in the U.S. There are three enforcement priorities: risk to national security/terrorism, unlawful entry into the U.S. after November 1, 2020, and current threat to public safety typically because of serious criminal conduct. The later two enforcement priorities requires an assessment of mitigating factors and the totality of the facts and circumstances.

[pdf] In Re Guardianship of Saul H (CA S. Ct 8.15.22) (+)

On August 15, 2022, the California Supreme Court published its opinion on In re Guardianship of Saul H in which that Court overturned a state court that refused to issue a predicate order to an immigrant child who suffered abuse and neglect perpetrated by his parents. Despite the uncontroverted evidence about the abuse and neglect by Saul’s parents, the probate court denied his request of SIJS findings. Saul appealed and the Court of Appeals affirmed, but on the California Supreme Court reversed, with all justices concurring. In In re Guardianship of Saul H., the California Supreme Court provides very helpful clarification and direction that will assist trial courts and appellate courts in California and nationally for state courts carrying out their Congressionally assigned role issuing predicate orders that are a required of immigrant children filing SIJS applications.

[pdf] Administrative Appeals Office Non-Precedent Decision In Re: 12890448 (September 14, 2021) (+)

USCIS AAO non precedent decision granting SIJS child who was abandoned and neglected by her father who did not support her and who was residing with her non-abusive mother in Texas at the time of the state court order. To qualify for SIJS a child need only be abused, abandoned or neglected by one parent and can be living with the non-abusive parent. Where the Texas court applied Texas child welfare laws to deny the father access to the child such a determination is sufficient to support the court’s determination that reunification with the father was not viable and the child was eligible for SIJS. The state court need only conduct an individualized assessment under state law for SIJS findings to be sufficient for SIJS purposes.

[pdf] Administrative Appeals Office Non-Precedent Decision In Re: 13258676 (November 24, 2021) (+)

Non-precedent decision for the USCIS AAO granting SIJS to an over 18 year old minor in Texas where the state court had continuing jurisdiction to issue SIJS findings because the state court retained jurisdiction under Texas law in a case in which an abusive mother was ordered to pay child support and under state law the child support order gave the Texas court continuing jurisdiction over the abused child after they turned 18. The court’s jurisdiction was for the purpose of remedying child abuse and providing the child abuse victim support so SIJS findings issues in the child support case under Texas law were not for the sole purpose of SIJS immigration relief.

[pdf] USCIS Policy Alert – Policy Manual Special Immigrant Juvenile Status and Adjustment of Status (June 10, 2022) (+)

USCIS policy alert discussing updates to the SIJS policy manual. Highlights include:

• Confirms that USCIS relies on the expertise of the juvenile court in making child welfare decisions and does not reweigh the evidence to determine if the child was subjected to abuse, neglect, abandonment, or a similar basis under state law.
• Clarifies that in order to consent to the grant of SIJ classification, USCIS must review the juvenile court order(s) and any supplemental evidence submitted by the petitioner to conclude that the request for SIJ classification is bona fide.
• Explains that the evidentiary requirements for DHS consent include the factual basis for the required juvenile court determinations, as well as the relief from parental abuse, neglect, abandonment, or a similar basis under state law granted or recognized by the juvenile court.
• Provides that relief from parental maltreatment may include the court-ordered custodial placement, the court-ordered dependency on the court for the provision of child welfare services, and/or other court-ordered or court-recognized protective or remedial relief.
• Explains that the evidentiary requirements for establishing the age of an SIJ petitioner include a petitioner’s valid birth certificate, official government-issued identification, or any other document that in USCIS’ discretion establishes the petitioner’s age, which may include affidavits or secondary evidence of age.
• Removes marriage as a basis for automatic revocation of the petition for SIJ classification.

[pdf] Mayorkas Memorandum: Guidelines for the Enforcement of Civil Immigration Law (+)

This memorandum outlines three priorities for civil immigration enforcement: threats to (1) national security, (2) public safety, and (3) border security. It also emphasizes a wholistic approach when reviewing a noncitizen’s criminal and administrative record to learn of the totality of the facts and circumstances. The memorandum concludes by highlighting the importance of preserving civil […]

[pdf] Doyle Memorandum ICE Guidance to OPLA Attorneys (April 3, 2022) (+)

This memorandum further elaborates on the definition of the three enforcement priorities for Office of the Principal Legal Advisor (OPLA) attorneys outlined in the Mayorkas Memorandum. These enforcement priorities include: threat to national security, threat to public safety, and threat to border security. This memo also informs OPLA attorneys on procedures for implementing and documenting […]

[pdf] Department of Homeland Security (DHS) Immigration Policies Released in 2021 and 2022 That Are Important for Immigrant Survivors (May 17, 2022) (+)

This document contains a list of policies issued by the U.S. Department of Homeland Security that are important to and impact cases of immigrant survivors of crime and abuse that enhance both protections from deportation for survivors and access to immigration relief under the following programs: VAWA self-petitions, U visas, T visas, Special Immigrant Juvenile Status, Battered Spouse Waivers and INA Section 106 Work Authorization for Abused Spouses of A, E(3), G and H visa holders. The link to each policy is followed by a description of the policy and how it is helpful to immigrant survivors.

[pdf] USCIS: Special Immigrant Juvenile Status Classification and Deferred Action (March 7, 2022) (+)

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to consider deferred action (and related employment authorization) for noncitizens with approved Special Immigrant Juveniles Status (SIJS) cases who are ineligible to apply for adjustment of status to lawful permanent resident (LPR) status solely due to visa unavailability.

[pdf] USCIS Policy Manual Updates: T Visa Status for Victims of Severe Forms of Trafficking in Persons (October 20, 2021) (+)

Policy Alert describing updates to the T visa section of the USCIS policy manual. Volume 3: Humanitarian Protection and Parole, Part B, Victims of Trafficking https://www.uscis.gov/policy-manual/volume-3-part-b and Volume 9: Waivers and Other Forms of Relief, Part O, Victims of Trafficking https://www.uscis.gov/policy-manual/volume-9-part-o

*SJI and National Judicial Network Training Materials (Last Updated June 8, 2023)

Technical Assistance NIWAP also offers technical assistance for judges and court staff. Find out how to receive  NIWAP’s technical assistance from NIWAP’s experts and judicial faculty here. If you are a judge or judicial faculty, please consider joining our National Judicial Network. You can find more information about the National Judicial Network here. Most Updated […]

[pdf] DHS Takes Victim-Centered Approach Press Release (October 20, 2021) (+)

Press release describing the role all components of DHS have been directed to take to ensure that immigrant victims are treated by DHS officials in a manner that takes a victim centered approach. Describing how this approach both meets the humanitarian needs of victims and helps DHS play a role in fighting crime.