Topic: Immigration

Materials and best practices regarding immigration.

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[pdf] ICE Directive 11032.4, Identification and Monitoring of Pregnant, Postpartum, and Nursing, Individuals (July 1, 2021) (+)

ICE policy replacing prior 2017 and 2007 policies regarding detention of nursing mothers. Under this 2021 police ICE should not detain, arrest, or take into custody for an administrative violation of the immigration laws individuals known to be pregnant, postpartum, or nursing. In the very limited circumstances in which detention is necessary and appropriate, ICE must monitor individuals known to be pregnant, postpartum, or nursing detained in ICE custody for general health and well-being, including regular custody and medical reevaluation, to ensure appropriate pre- and/or post-natal and other medical and mental health care. ICE must ensure that individuals known to be pregnant, postpartum, or nursing are housed in facilities suitable for their medical and mental health needs.

Published July 1, 2021 by

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[pdf] U.S. Department of Homeland Security Memorandum Enforcement Actions in or Near Protected Areas (Oct. 27, 2021) (+)

This memorandum to U.S. Immigration and Customs Enforcement issued guidelines for enforcement actions in or near protected areas. It held that enforcement actions in or near protected areas require prior agency authorization absent a narrow set of circumstances.

Published October 27, 2021 by

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[pdf] INS, Edward H. Skerrett, Letter Re Filing of I-751 Authorized Post- Termination of Conditional Residency Status (December 10, 1992) (+)

This INS letter confirms that “Neither the submission of a new Form I-751 nor of a motion to reopen or reconsider a previously adjudicated Form I-751 should be formally rejected solely because the alien’s conditional resident status has been terminated and the alien placed in deportation proceedings.”

Published December 10, 1992 by

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[pdf] Battered Spouse Waiver 1994 Regulations 8 C.F.R. 216.5 Annotated With Provisions Overruled by VAWA 1994 (2021) (+)

These regulations govern conditional residence for immigrant spouses of U.S. citizens and have been significantly outdated for many years. The Violence Against Women Act of 1994 statutorily over ruled 8 C.F.R. 216.5(e)(3)(iv)-(vii) and VAWA confidentiality which became law in 1996 impacts 8 C.F.R. 216.5(e)(3)(viii).

Published 2021 by

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[pdf] Pages 79-81 and 92 FOIA BSW Response 2017 384 VAWA Confidentiality Broadcast (February 9, 2016 & April 4, 2016) (+)

Notice to field offices reminding them about the VAWA confidentiality “384” computer system that notifies DHS officials about a victim’s cases receiving VAWA confidentiality protections. These memos also discuss interviewing battered spouse waiver applicants including interview approach and the importance of using only the “safe address” and taking care not to send information to the abuser.

Published February 9, 2016 and April 5, 2016

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[pdf] Pages 76-78 FOIA Response 2017 Standard Operating Procedures for USCIS District Offices Handling of Interviews in VAWA Self-Petition Adjustments and Battered Spouse Waiver Cases (June 29. 2011) (+)

The standard operating procedure discusses how VAWA immigration cases and interviews are to be handled at USCIS District offices for Battered Spouse Waivers cases and VAWA Self-Petitions adjustment of status to lawful permanent residency.

Published June 29. 2011 by

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[pdf] Pages 62-67 FOIA BSW Response RFEs and Any Credible Evidence (October 16, 2014) (+)

Memos and emails spelling out the approach to requests for further evidence that should be used by USCIS field offices in their adjudications of battered spouse waiver cases. These also address the VAWA any credible evidence rules application in battered spouse waiver cases.

Published October 16, 2014 by

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[pdf] Pages 2-37 FOIA Battered Spouse Waiver Response 2017 District Office Training (2014) (+)

District field office training of officers that adjudicate interviews in VAWA self-petitioner adjustments of status to lawful permanent residency and battered spouse waiver cases. The training covers fraud detection at the VAWA Unit, VAWA confidentiality protections, VAWA unit training and data, requirements of I-485 interviews based on approved VAWA self-petitions, procedures that are to be followed if the District office wants to return a case to the VAWA Unit for revocation or further investigation, Common errors in return often stemming from District Officers following outdated regulations and not the statutory changes.

Published 2014 by

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[pdf] Hearing Testimony Excerpts on the Battered Spouse Waiver Presented at Joint Hearings before the Subcommittee on Immigration, Refugees, and International Law of the House Committee on the Judiciary and the Immigration Task Force of the House Committee on Education and Labor (March 1990) (+)

This is the text of the Battered Spouse Waiver that was published in Joint Hearings before the Subcommittee on Immigration, Refugees, and International Law of the House Committee on the Judiciary and the Immigration Task Force of the House Committee on Education and Labor. This document also contains the portions of the hearing on the full bill that include testimony in support of the Battered Spouse Waiver and make up part of the Battered Spouse Waiver’s legislative history.

Published March 1990 by

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[pdf] Immigration and Naturalization Housekeeping Amendments Hearing (May 20, 1992) (+)

Hearings on the Immigration and Naturalization Housekeeping Amendments Act of 1992 that includes statements from members of the House of Representatives on the need for creation of the Battered Spouse Waiver, a discussion with questions and answers among members of the House Judiciary Committee about the Battered Spouse Waiver, and the full record of testimony provided and statements submitted regarding reforms needed that the Battered Spouse Waiver addressed. This legislative history address both the Battered Spouse Waiver and the need for reforms that became VAWA’s any credible evidence rules.

Published May 20, 1992 by

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[pdf] IIRAIRA Legislative History Conference Report (September 24, 1996) (+)

Includes preservation of VAWA self-petitioning, creation of VAWA cancellation of removal, creating VAWA confidentiality requirements, and exempting battered immigrants from deeming (see pp 32, 49, 108-109, 129-130, 139, 150 for statutory text and pp 208, 214, 231, and 238 for legislative history). Included battered spouse waiver, VAWA self-petitioners and VAWA suspension of deportation in VAWA confidentiality protections. IIRAIRA is the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Published September 14, 1996 by

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[pdf] Comparison Between the Battered Spouse Waiver and VAWA Self Petitioning Cases for Abused Immigrant Spouses (February 6, 2017) (+)

Comparison tool for attorneys and victim advocates to assist with comparing the Battered Spouse Waiver and the VAWA Self-Petition, two forms of immigration relief that help immigrant spouses who have been battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent resident spouse.

Published February 6, 2017 by

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[pdf] Spouse Based Immigration Laws: The Legacies of Coverture (August 1, 1991) (+)

This article traces the history of spouse based immigration to the United States, the legislative history of the Marriage Fraud Act Amendments in 1986, and documents need for and discusses the legislative history of the Battered spouse waiver. The article highlights difficulties with the Battered Spouse Waiver and suggests improvements.

Published August 1, 1991 by

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[pdf] Unconditional Safety for Conditional Immigrant Women (January 31, 1996) (+)

Article detailing the legislative history of family based immigration in the United States, the marriage fraud act amendments in 1986, battered spouse waivers in 1990, VAWA self petitioning in 1994, the VAWA any credible evidence rules of 1994, and the need for VAWA confidentiality that became law in 1996.

Published January 31, 1996

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[pdf] A License to Abuse: The Impact of Conditional Status on Female Immigrants (April 1, 1993) (+)

This article discusses the need for immigration protections for abused immigrant spouses, the legislative history of the Marriage Fraud Act Amendments, the Battered Spouse Waiver, problems with Battered Spouse Waiver regulations, the need for and legislative history of the VAWA self-petition, and the need for VAWA’s any credible evidence rules.

Published April 1, 1993

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[pdf] Legal Issues Confronting Conditional Residents Aliens Who Are Victims of Domestic Violence: Past, Present and Future Perspectives (1995) (+)

Article discusses the legislative history and implementation of the Battered Spouse Waiver, the problems with the regulations developed to implement the program, and the legislative solutions that were being developed in 1994 to address these problems. This includes a discussion of the creation of VAWA’s any credible evidence rules and the need for the VAWA self-petition. The article documents the legislative history of the Battered Spouse Waiver, the VAWA self-petition, VAWA’s any credible evidence rules and describes the need for what ultimately became VAWA’s confidentiality protections.

Published 1995

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[pdf] With No Place to Turn: Improving Legal Advocacy for Battered Immigrant Women (July 1, 1995) (+)

This article provides an overview of immigrant battered women’s legal rights and options in 1995. It discusses the VAWA self-petition, battered spouse waiver, VAWA’s new any credible evidence rules, as well as protection orders, language access, and preventing parental kidnapping.

Published July 1, 1995 by

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[pdf] Julie Dinnerstien, Comments on Failure to Amend Battered Spouse Waiver Regulations as Required by VAWA 1994 (March 28, 2014) (+)

Julie Dinnerstein, Docket number DHS–2014–0006 Comment submitted in connection with the Request for Public Input for the Retrospective Review of Existing regulations by the Office of General Counsel, Department of Homeland Security (DHS), 79 Fed. Reg. 10,760 (Feb. 26, 2014). These comments identify how the Battered Spouse Waiver regulations need to be amended to comply with Violence Against Women Act statutory amendments that became law in 1994.

Published March 28, 2014 by

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[pdf] Statement of Lelsye Orloff and Ellen Lawton, Ayuda and William Tamayo, Asian Law Caucus, Immigration and Naturalization Housekeeping Amendments of 1992, Hearing Before the Subcommittee on Immigration, Committee on the Judiciary, House of Representatives (May 20, 1992) (+)

Legislative history of the Battered spouse waiver amendments included in VAWA 1994 and creation of the VAWA any credible evidence rules. Statement of Lelsye Orloff and Ellen Lawton, Ayuda and William Tamayo, Asian Law Caucus, Immigration and Naturalization Housekeeping Amendments of 1992, Hearing Before the Subcommittee on Immigration, Committee on the Judiciary, House of Representatives (May 20, 1992)

Published May 20, 1992 by

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[pdf] Immigration and Naturalization Housekeeping Amendments of 1992, Hearing Before the Subcommittee on Immigration, Committee on the Judiciary, House of Representatives (May 20, 1992) (+)

This statement is included in the legislative history of the battered spouse waiver. It is included in Immigration and Naturalization Housekeeping Amendments of 1992, Hearing Before the Subcommittee on International Law, Immigration, and Refugees, Committee on the Judiciary, House of Representatives (May 20, 1992)

Published May 20, 1992 by

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[pdf] USCIS Website I-751Petition to Remove Conditions on Residence (September 17, 2020) (+)

This USCIS webpage discusses where to file a battered spouse waiver application or other application to remove conditions on an immigrant spouse’s residency. This includes lists of recommended evidence. Note that in battered spouse waiver cases due to VAWA’s any credible evidence rules no specific types on information can be required.

Published September 17, 2020 by

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[pdf] USCIS, Response to USICS Ombudsman Formal Recommendation 56, “Improving the Process for Removal of Conditions on Residence for Spouses and Children” (July 10, 2013) (+)

USCIS Deputy Director’s Response to Ombudsman recommendations that would improve the processing of requests by spouses of U.S. citizens including battered spouse waiver cases on applications to provide full lawful permanent residency to spouse of U.S. citizens.

Published July 10, 2013 by

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[pdf] John Trasvina Interim Guidance to OPLA Attorneys Regarding Civil Immigration Enforcement and Removal Policies and Priorities (May 27, 2021) – REVOKED (+)

In effect May 27, 2021 until rescinded on April 3, 2022 by Doyle Memorandum ICE Guidance to OPLA Attorneys found here: https://niwaplibrary.wcl.american.edu/pubs/opla-imm-enforce-guide-2022. This memorandum continues to remain in NIWAP’s web library for historical purposes.

Published May 27, 2021 by

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[pdf] Department of Homeland Security Organizational Chart – Crime Victim Cases (April 16, 2019) (+)

This document is the organizational chart for the U.S. Department of Homeland Security (DHS) with explanations and highlights detailing the components (divisions) within DHS responsible for adjudicating immigration applications filed by immigrant crime victims; developing DHS regulations, policies and internal training materials that implement federal laws protecting and providing immigration relief to crime victims; enforcing Violence Against Women Act Confidentiality laws; and enforcing immigration laws generally. The amendments to this document were made by NIWAP, American University, Washington College of Law.

Published April 16, 2019 by

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[pdf] Collection of U-Visa News Articles (November 7, 2017) (+)

A list of news articles intended as references to assist law enforcement, prosecutors, judges and other U visa certifiers to better understand the U visa program and their role as U-visa certifiers.

Published November 7, 2017

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[pdf] DHS FAQs Protected Areas and Courthouse Arrests (October 28, 2021) (+)

DHS wide policy affecting both Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) on protected areas where immigration enforcement will generally not occur. This policy applies to all of DHS and expands upon and replaces prior policies. The FAQ addresses a range of locations that are off limits generally for immigration enforcement and also specifically addresses civil immigration enforcement at courthouses. It is important to note that these protections apply to all immigrants and are in addition to the protections offered immigrant crime victims under VAWA confidentiality protections.

Published October 28, 2021 by

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[pdf] DHS Press Release: Secretary Mayorkas Announces New Immigration Enforcement Priorities (September 30, 2021) (+)

DHS press release announcing the shift in immigration enforcement to cases in which following an individualized assessment that takes into account the totality of the circumstances DHS officials believe the person who is subject to the enforcement action poses a threat to national security, a current threat to public safety or threatens border security. Being undocumented in the United States will no longer be by itself sufficient reason for an enforcement action absent a national security, public safety, or border security concern. Importantly this policy is designed to deter immigration enforcement officials from responding to tips from employers, and landlords who seek to have workers or tenants removed in retaliation for complaints about working or living conditions.

Published September 30, 2021 by

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[pdf] Moving Battered Spouse Waiver Adjudications to the VAWA Unit: A Call for Consistency and Safety National Survey Findings Highlights (October 18, 2021) (+)

Study research report documenting the case processing inconsistencies in adjudication by USCIS of Battered Spouse Waiver Cases. The report includes the legislative history of the battered spouse waiver protections that predated the VAWA self-petition, charts comparing the VAWA self-petition and the battered spouse waiver, and illustrative stores and research data illustrating how the regional and district office adjudications of battered spouse waiver cases do not comply with VAWA’s any credible evidence rules and in some cases lead to violations of VAWA confidentiality.

Published October 18, 2021 by

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[pdf] USCIS Policy Manual Chapter 5 – Requests to Expedite Applications or Petitions (October 1, 2021) (+)

USCIS issued updated criteria for expediting adjudication of applications and petitions with its most recent update October 1, 2021. This policy can be helpful in cases of immigrant crime victims with pending VAWA self-petitions, U visa or T visa cases when the victim is detained or there is case pending before an immigration judge in which there is a date for a merits hearing set and the victim needs to have their VAWA, T or U visa case adjudication expedited so as to have a decision on that case before the victim has to appear in immigration court for a merits hearing. Importantly the new expedite criteria explicitly lists safety of the victim due to VAWA confidentiality violations as an emergency or urgent humanitarian basis for an expedite requests. Requests to expedite can be filed by attorneys for the victim including when ICE is also authorized to file expedite requests for victims in removal proceedings and with final orders of removal.

Published October 1, 2021 by

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[pdf] When Family and Immigration Laws Intersect: Case Law and Department of Homeland Security Policy Update (September 30, 2021) (+)

This article looks at case law on custody and immigrant parents and the history and current U.S. Department of Homeland Security policies that confirm that in the vast majority of cases immigration status should not be a factor at all and in the limited cases when consideration may be appropriate not a determinative factor in child custody proceedings.. This article builds upon the articles published in 2013 and 2017 “Custody of Children in Mixed-Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings” and “Winning Custody Cases for Immigrant Survivors: the Clash of Laws, Cultures, Custody and Parental Rights” (2017).

Published September 30, 2021 by

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[pdf] ICE Directive 11005.3 – Using a Victim-Centered Approach with Noncitizen Crime Victims (August 10, 2021) (+)

Immigration and Customs Enforcement directive that lays out the history and purpose to immigration law protections for crime victims and directs ICE officials about how they are to identify and assist immigrant crime victims using a victim centered approach. States and spells out how the following policy is to be implemented by all ICE officials. ICE will exercise prosecutorial discretion in appropriate circumstances to facilitate access to justice and victim-based immigration benefits by noncitizen crime victims. To that end, absent exceptional circumstances, ICE will refrain from taking civil immigration enforcement action against known beneficiaries of victim-based immigration benefits and those known to have a pending application for such benefits. Additionally, ICE officers and agents may encounter noncitizen victims of crime who are not the beneficiary of victim-based immigration benefits and do not have pending applications for such benefits. Accordingly, in the course of their duties, ICE officers and agents must look for indicia or evidence that suggests a noncitizen is a victim of crime, such as being the beneficiary of an order of protection or being the recipient of an eligibility letter from the U.S. Department of Health and Human Services Office of Trafficking in Persons.

Published August 11, 2021 by

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[pdf] Stories From the Field: The Crime Fighting Effectiveness of the U Visa (August 23, 2021) (+)

This publication contains a series of stories collected from law enforcement officials and prosecutors across the country illustrating how victims who have filed U visa cases in addition to assisting in the detection, investigation, prosecution, conviction and/or sentencing of the perpetrator of the crime committed against them for which they sought U visa protection, they also play a key role in the successful prosecution of other crimes.

Published August 28, 2020 by

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[pdf] U visa Certification and T visa Declaration Toolkit for Law Enforcement Agencies and Prosecutors (August 30, 2021) (+)

By providing U‐visa certifications and T visa declarations law enforcement and prosecution officials add to their arsenal of crime fighting tools when immigrant victims feel safer coming forward to report crimes. This document provides the following background information on the U‐visa and T visa programs: an overview of the U‐visa and T visa; Quick Reference guides on the U and T visas, Statutory and Regulatory Background on U and T visas, Flow Charts, Protections for Family Members, Frequently Asked Questions, Timelines, Sample forms, Model policies, Screening tools, DHS brochures and infographics, and links to resource materials and news articles on U and T visa certification.

Published August 30, 2021 by

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[pdf] US Immigration and Customs Enforcement (ICE), Center for Countering Human Trafficking, Continued Presence Resource Guide (July 2021) (+)

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

Published July 2021 by

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[pdf] NIWAP Comments in Response to Request for Public Input: Identifying Barriers Across U.S. Citizenship & Immigration Services (USCIS) Benefits and Services (May 19, 2021) (+)

Comment in Response to Request for Public Input: Identifying Barriers Across U.S. Citizenship & Immigration Services (USCIS) Benefits and Services; CIS No. 2684-21; DHS Docket No. USCIS–2021–0004; RIN 1615-ZB87 discussing policy reforms needed that benefits immigrant survivors of crime and abuse.

Published May 19, 2021 by

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