Topic: Immigration

Materials and best practices regarding immigration.

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[pdf] Civil Immigration Enforcement Actions in or near Courthouses (April 27, 2021) (+)

This joint U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) memorandum sets forth updated policy regarding civil immigration enforcement in or near federal, state, and local courthouses. Absent certain limited circumstances, this joint memorandum prohibits civil immigration enforcement actions in or near courthouses.

Published April 27, 2021 by ,

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[pdf] U Visa Certification and T Visa Declaration Toolkit for Federal, State, and Local Judges, Commissioners, Magistrates and Other Judicial Officers (June 17, 2021) (+)

This toolkit provides detailed information for state court judges on U visa and T visa certification by judges. It includes full citations to the U visa and T visa statutes and regulations and govern judicial certifications.

Published June 17, 2021 by

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[pdf] Tae Johnson, Immigration and Customs Enforcement (ICE) Interim Guidance: Civil Immigration Enforcement and Removal Priorities (February 18, 2021) – REVOKED (+)

In effect February 18, 2021 until rescinded on September 30, 2021 by Mayorkas Memorandum on Guidelines for the Enforcement of Civil Immigration Law found here: https://niwaplibrary.wcl.american.edu/pubs/mayorkas-civil-imm-guide-sept-21

Published February 18, 2021 by

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[pdf] U Visa Quick-Reference for Law Enforcement and Prosecutors (March 24, 2021) (+)

Part of the U Visa Certification Toolkit for Law Enforcement and Prosecutors. This quick reference guide assists law enforcement and prosecutors summarizing the U visa certification and is based on the DHS U and T Certification Resource Guide.

Published March 24, 2021 by ,

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[pdf] T Visa Application Flowchart (June 12, 2021) (+)

The following chart assists with understanding the T Visa application process through a flowchart diagram. This visualization strives to simplify understanding of process for T visa applications and is part of the U Visa Certification and T Visa Declaration Toolkit for Judges.

Published June 12, 2021 by

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[pdf] Factors That Demonstrate That It is Not In a Child’s Best Interests to Return to Their Home Country (June 12, 2021) (+)

In Special Immigrant Juvenile Status (SIJS) cases, one of the required SIJS findings is that it is not in the child’s best interests for the child to be returned to the child’s or their parent’s home country. This document outlines recommended approaches to making or obtaining these findings that for SIJS eligible children. The recommendations include examining and applying the same factors that are used in VAWA self-petitioning cases to prove extreme hardship. These are abuse related factors that can help SIJS children establish that it is not in the child’s best interest to return to the child’s home country.

Published June 12, 2021 by

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[pdf] Courthouse Immigration Enforcement Steps Courts Are Taking (December 29, 2021) (+)

This tool contains a list of steps state courts are taking regarding immigration enforcement at courthouses. Many of these steps are derived from and based upon the Department of Homeland Security policies that limit immigration enforcement actions that can be taken by Immigration and Customs Enforcement (ICE) and Customs and Border Patrol officials. It is important to note that with very few exceptions, courthouse enforcement is discouraged and limited and requires Headquarters level approval and regular reporting to Headquarters and the Office of the Secretary of DHS so that any actions taken are closely monitored.

Published December 29, 2021 by

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[pdf] Questions and Answers: VAWA Self-Petitioning Webinar (June 12, 2021) (+)

On April 22, 2020 NIWAP held a national webinar on VAWA Confidentiality at which we encouraged attendees to ask questions in the “chat” and when they registered for the webinar. We received 87 questions from participants. This document provides answers to each of the questions received. This document supplements the information provided in the webinar. We recommend that readers also view the webinar https://niwaplibrary.wcl.american.edu/2020-vawa-self-petition-webinar.which includes a detailed list of training materials on VAWA self-petitioning.

Published June 12, 2021 by

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[pdf] Glossary of Terms for Work With Immigrant Survivors (November 15, 2017) (+)

This glossary of terms is designed to assist judges, law enforcement, prosecutors, victim advocates and attorneys working with immigrant survivors of domestic violence, sexual assault, child abuse, stalking, dating violence and human trafficking. It covers terms commonly used in cases involving immigrant survivors and their children including immigration, family law and public benefits matters.

Published November 15, 2017 by

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[pdf] Final Rule on U Visa Certifications and Elimination of the Supervisor Requirement (January 22, 2014) (+)

Letter from Police Chiefs to USCIS recommending that in the final U visa rule USCIS eliminate the supervisor requirement and allow heads of law enforcement agencies to designate any staff member they choose to sign U visa certifications on the agency’s behalf so long as the staff members is designated by the head of the agency.

Published January 22, 2014 by

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[pdf] Analysis of USCIS 2019 U Visa Law Enforcement Resource Guide – Memo to DHS From NIWAP (September 29, 2019) (+)

This memo identifies how the 2019 USCIS Law Enforcement Resource Guide contains information that is inconsistent with the legally correct information in the U visa statue, the U visa regulations and the U visa legislative history. This document should be read together with NIWAP’s annotated version of the USCIS U Visa law Enforcement Resource Guide that identifies omissions and inaccuracies in the USCIS Resource Guide. https://niwaplibrary.wcl.american.edu/pubs/annotated-uscis-u-visa-resource-guide

Published September 29 2019 by

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[pdf] Understanding the Significance of a Minor’s Trauma History in Family Court Rulings (May 18, 2021) (+)

Article discussing the neurobiology of child brain development and how it impacts children who come before state family courts in domestic violence, sexual assault, child abuse, custody, delinquency, dependency and other cases. The article brings together research findings in the fields of child brain science and research on the traumas experienced by immigrant children in their home countries, during their immigration to the U.S. and trauma and abuse immigrant children experience after arriving in the United States.

Published May 21, 2021 by ,

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