Topic: Immigration

Materials and best practices regarding immigration.

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[pdf] September 2018 Newsletter (+)

This issue includes:
– Upcoming Webinars
– Take the UNHCR and Center on Migration Studies 10-minute survey on the stateless population in the United States
– View NIWAP’s Memo on how the 2018 Gender-based Asylum policies do not affect survivors’ access to VAWA immigration remedies
– New Practices Advisory on Special Immigrant Juvenile Status Applications Published
– View the report: Vulnerable But Not Broken: Psychosocial Challenges and Resilience Pathways among Unaccompanied Children from Central America
– The Center on Immigration and Child Welfare issued important publications describing the impact that parental detention has on children in immigrant families
– Save the date: NIWAP will hold a national training for OVW grantees and potential grantees in August of 2019

Published September 17, 2018 by

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[pdf] February 2018 Newsletter (+)

In this issue: – New ICE policies on courthouse enforcement and VAWA Confidentiality – Call to sign Amicus Curiae brief to the board of immigration appeals on behalf of gender based asylum applicant

Published February 2018 by

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[pdf] October 2014 Newsletter (+)

In this issue:
– Demographics of Unaccompanied Minors in the United States
– Screening Children and Crime Victims for Immigration Relief Eligibility Using a Trauma Informed Approach
– Comparing Public Benefits for Forms of Immigration Relief
– Latest Developments at NIWAP
– Webinars, Publications, Trainings
– Student Corner

Published October 2014 by

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[pdf] April 2018 Newsletter (+)

In this issue: – Annoucement of Understanding the Judicial Role in U Visa Certification and “Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights” – New Report on CSAJ’s Racial and Economic Equity Project (REEP) – Release of NIWAP’s national survey on increased immigration enforcement on immigrant crime victims

Published April 5, 2018 by

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[pdf] VAWA Self-Petitioning Flow Charts (June 19, 2019) (+)

The VAWA Self-Petitioning Flow Charts are screening tools meant to determine eligibility for VAWA immigration relief for immigrant survivors of abuse, including abused adults, children, and elders. Each flow chart addresses the possibility of VAWA immigration relief for the corresponding group of immigrant survivors.

Published June 19, 2019 by

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[pdf] North Dakota U Visa Certification Law (2015) (+)

This law creates a protocol for law enforcement agents to follow. When a U Visa applicant requests certification from a police officer and the officer reasonably believes the applicant is a victim, the officer shall complete the corresponding form and request, as soon as practicable.

Published June 18, 2019

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[pdf] Louisiana: U and T Visa Certification Law (2019) (+)

This Louisiana U and T visa certification law promotes identification of victims of human trafficking requiring notification to the Crime Victim’s Services Bureau and referral of child victims and victims over 18 needing protective services to child or adult protective services and to legal services providers. The law requires law enforcement agencies to sign U and T visa certifications for persons identified as victims of human trafficking.

Published 2019 by

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[rtf] Arkansas U Visa Certification Law (2015) (+)

Arkansas U Visa Certification Law (2015) This law requires law enforcement agencies to adopt a policy forcompleting and signing T and U nonimmigrant status certification requests for victims of human trafficking. The policy shall include a requirement to complete the request for certification no later than thirty days after the request was received.

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[pdf] ICE Memo April 2019 Memo on Continuing Validity of The Crime Victims Witness Protection Memo (April 19, 2019) (+)

This email confirms the that the 2011 ICE Victim Witness memo continues to be the ICE 2019 policy in place regarding immigrant crime victims and it confirms that the 2009 policies regarding expedited adjudication of pending U visa applications when a victim is in ICE detention also continues to be the ICE policy in 2019.

Published April 19, 2019 by

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[pdf] Maryland: U Visa Certification (October 1, 2019) (+)

Maryland’s U Visa certification requires state and local law enforcement agencies, prosecutors, child protective services, commission on civil rights, the department of labor and other state agencies responsible for the detection, investigation or prosecution of cases involving criminal activities to sign U visa certifications. The law requires certification when the victim has been, is being or likely to be helpful in the detection, investigation, or prosecution of criminal activity. The agency shall complete the certification within 90 days and shall include details about the criminal activity, a description of the victim’s helpfulness, and provide copies of documents that help the victim prove substantial harm. If the victim is in removal proceedings the response to the certification request must be completed in 14 days. The law limits disclosure of information about persons seeking certification.

Published 05-13-2019 by

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[pdf] Washington: U and T Visa Certification Law (2018) (+)

The state of Washington approved the Safety and Access for Immigrant Victims Act in 2018, which outlines the certification process in that state for immigrant victims of crime. This Washington state law requires law enforcement, prosecutors, judges, hearing officers, and other state and local agencies including the department of labor and industries and the department of social services and health to sign U and T visa certifications. Requires that certification requests be processed within 90 days or receipt unless the victim is in removal proceedings in which case the response is required within 14 days. For victim children the agency must respond to requests within 90 days but no later than 14 days before the date the child turns age 21. Requires that agencies designate certifiers, keep written records of the number of certifications received, denied, approved, and withdrawn, develop a language access plan, and nondisclosure of personally identifying information about victims requesting certification. The law requires that the state set up a crime victim certification steering committee.

Published 01-18-2018 by

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[pdf] VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information (July 24, 2017) (+)

This tool for prosecutors discusses best practices for prosecutors in responding to discovery requests from criminal defendants requesting information contained in the victim’s immigration case. The case could be a U visa, a VAWA self-petition or a T visa case and the discovery obligations turn on federal statutory VAWA confidentiality requirements and what is in the prosecutors possession. Generally only in U visas is the certification discoverable and not the full U visa case file. In other cases where there has been no certification, no part of the victim’s immigration case file would be discoverable.

Published 7-24-17 by ,

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[pdf] SIJS Bench Book (Full Manual) (+)

The Special Immigrant Juvenile Status Bench Book: A guide to Best Practice for Judges and Courts is a comprehensive tool that provides information that will be useful to Judges and Courts working with immigrant children. Special Immigrant Juveniles Status (SIJS) is a form of humanitarian immigration relief that provides for a path to lawful permanent residence (LPR) for children who are unable to be reunited with one or both parents due to abuse, abandonment, neglect, or a similar basis under state law. The SIJS bench book provides a detailed overview explanation of SIJS and the role that Congress created for state court judges in an immigrant child’s application process. The bench book provides information about laws and regulations, policies and best practices, legislative history, quick-guides tools that will help Judges and Courts staffs working with immigrant children and juveniles.

Published March 30, 2018 by

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[pdf] DHS-Recognizing-Human-Trafficking-Victims-in-the-Courtroom (+)

This pamphlet developed by the Department of Homeland Security’s Blue Campaign provides tips for judges that can assist courts in identifying immigrant victims of human trafficking who appear before courts in a variety of judicial proceeding. This document also includes DHS recommendations for what steps courts can take when a judge or court staff identify a suspected trafficking victim.

Published January 1, 2015 by

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[pdf] VAWA-Confidentiality-History-Purpose-and-Violations (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter contains detailed legislative history on the development and evolution of the Violence Against Women Act (VAWA) confidentiality protections under U.S. immigration laws. VAWA’s immigration confidentiality protections accomplish three objectives: 1) preventing DHS, DOJ and the U.S. State Department from relying on information provided by a perpetrator or the perpetrator’s family member to harm victims; 2) barring the release by government officials of information about the existence of, actions taken in, or materials contained in a VAWA confidentiality protected case file; and 3) establishing a list of protected locations at which immigration enforcement actions in cases involving immigrant crime victims are not to take place. This chapter discusses each of these protections in detail and includes statutory and legislative history, regulations and government policies implementing VAWA confidentiality protections. This chapter also contains a discussion of sanctions applicable to DHS, DOJ, and State Department officials when VAWA confidentiality violations occur.

Published September 14, 2014 by

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[pdf] Immigration Options for Victims of Crimes (+)

Produced by the U.S. Department of Homeland Security covering Violence Against Women Act self-petitions, U visas and T visas. Information on Special Immigrant Juvenile Status and Deferred Action for Childhood Arrivals has been added by the National Immigrant Women’s Advocacy Project, American University, Washington College of Law. Downloadable one page (two sided brochure) available in English, Spanish, Russian, Korean, and Chinese.

Published June 30, 2011 by

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[pdf] Bench Card: Identifying Victims Who May Qualify for Immigration Relief (March 9, 2022) (+)

This bench card provides judges and court staff a quick reference to help state criminal, family, and juvenile court judges identify victims who may qualify for forms of immigration relief designed by Congress to offer protection to immigrant victims. Judges can use this document as a screening tool to identify victims who are before the court who may qualify for the major forms of victim based immigration relief.

Published March 20, 2019 by

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[pdf] Human Trafficking Vctims as Criminal Defendants (+)

This information card is designed to provide information and ideas for state court judges on possible options for dealing with criminal cases in which a defendant is a victim of human trafficking. The card is designed to help judges spot issues and is not meant to provide comprehensive or definitive answers regarding legal rights in specific cases. Judges using this card should also be aware that the law is constantly changing and varies from state to state, and electronic statutory materials on which the card is based may not be up to date.

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[pdf] DHS Immigration Relief for Crime Victims (+)

Produced by the U.S. Department of Homeland Security covering Violence Against Women Act self-petitions, U visas and T visas. Information on Special Immigrant Juvenile Status and Deferred Action for Childhood Arrivals has been added by the National Immigrant Women’s Advocacy Project, American University, Washington College of Law. Downloadable one page (two sided brochure) available in English, Spanish, Russian, Korean, and Chinese.

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[pdf] Human Trafficking Vortex Panel Vignette (+)

Description for “At-Risk Youth Caught in the Vortex: The intersection Between Human Trafficking, Immigration Policies, and Trauma-informed Services for Commercially Sexually Exploited Children” at the NCJFCJ’s 2019 National Conferences.

Published March 4, 2019

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[pdf] Illinois: U Visa Certification Law (2017) (+)

The Illinois General Assembly passed the Voices of Immigrant Communities Empowering Survivors (VOICES) Act in 2017. This Illinois U visa certification law requires law enforcement, prosecutors and other state and local agencies in Illinois including child and adult protective services to sign U visa and T visa certifications and requires that agencies designate certifying officials and make information about the agency’s certification process publicly available. Certifiers are required to respond to certification requests within 90 days and in 21 days if the victim is in removal proceedings. If the applicant or their child will reach the age of 21 or their sibling wil reach the age of 18 before the 90 days the agency must respond to the certification request within 21 days and in certain instances within 5 days. The act contains provisions governing issuance and withdrawal of certifications and limits disclosure of information about the person seeking certification.

Published 2017

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[pdf] Immigrant Victims of Sexual Assault: The Important Role of SART Teams (+)

This chapter of the SART Toolkit is designed to inform SART team members about a range
of issues that will improve outcomes for sexual assault survivors, will better support survivors’
ability to participate and seek help from the civil and criminal justice systems, and will enhance
the ability of SART teams, law enforcement and prosecutors to detect, investigate and prosecute
perpetrators of sexual assault against immigrants.

Published July 8, 2018 by

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[pdf] Flyer Offering Training on Best Practices: Immigrant Crime Victims, Language Access and the U-Visa (June 14, 2019) (+)

Flyer advertising the availability of training on language access, and U and T visa certification by law enforcement and prosecutors and working with immigrant and LEP victims. The reverse side of the flyer contains information about the technical assistance available to law enforcement, prosecutors, advocates, attorneys and other professionals working with immigrant crime victims.

Published June 14, 2019 by

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[pdf] Model Policy for Interactions with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations (+)

This proposed model policy was developed under a grant from the Bureau of Justice Assistance and in consultation with law enforcement leadership from multiple jurisdictions and with input from officials at the U.S. Department of Homeland Security and law enforcement agencies from across the country. Please also review the discussion paper that accompanies this Model policy. https://niwaplibrary.wcl.american.edu/pubs/discussion-paper-model-policy-u-visa-certification-may-2016

Published October 31, 2016 by

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[pdf] Discussion Paper for Model Policy for Interactions with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations (+)

This proposed model policy discussion paper was developed under a grant from the Bureau of Justice Assistance and in consultation with law enforcement leadership from multiple jurisdictions and with input from officials at the U.S. Department of Homeland Security. Please also review the Proposed Model Policy that accompanies this Discussion Paper.

Published October 31, 2016 by

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Nov. 30, 2018: U Visa Certifications and Special Immigrant Juvenile Status: The Judge’s Role (Webinar)

Webinar U Visa Certifications and Special Immigrant Juvenile Status: The Judge’s Role[1] November 30, 2018 Also see our full library of State Justice Institute supported materials for courts at www.niwap.org/go/sji  To receive updates, sign up for NIWAP’s outreach list. https://www.surveymonkey.com/r/Z6373LX  You can elect NIWAP’s general outreach list to receive notices of trainings, webinars, new materials, […]

Published November 27, 2018

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[pdf] DHS Memo on Field Guidance on Granting Fee Waivers Pursuant to 8 CFR 103.7(c) (March 4, 2004) (+)

This memorandum provides fee waiver guidance and instructions for the adjudication of fee waiver requests for VAWA Self-Petitioners. However, in 2011, USCIS issued a new policy memorandum establishing guidelines on fee
waivers (hereinafter “Guidelines”). For guidance on fee waivers for VAWA Self-petitions look at more recent publications.

Published March 4, 2004

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[pdf] The 2005 Reauthorization of the Violence Against Women Act: Why Congress Acted to Expand Protections to Immigrant Victims (+)

A brief history of the Violence Against Women Act and congressional intent that lead to the expanded legal protections for immigrant crime victims in the 2005 reauthorization written by Representative John Conyers, Jr.

Published May 2007 by

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[pdf] USCIS Policy Memo on Revocation of VAWA-Based Self-Petitions (+)

This USCIS Policy Memorandum dated December 15, 2010 on the revocation of VAWA-based self-petitions as an additional mechanisms for fraud checks built into the VAWA Self-Petitioning process. This Memo also provides reasoning why Field Offices should defer to VSC’s expertise and support for the centralization of VAWA applications to ensure consistency in the adjudication of VAWA self-petitions, including consistency in revocations of VAWA application, and to ensure appropriate and expeditious handling all self-petitions filed by battered spouses and children at by adjudicators at the VAWA unit which have received specialized domestic violence training and have developed expertise in adjudicating these petitions, including expertise in identifying fraudulent filings at page 1-2.

Published December 15, 2010

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[pdf] Factors That Can Demonstrate That It is Not in a Child’s Best Interests to be Returned to Their Home Country (+)

Information regarding required SIJS finding that states that it is not in the best interests for the child to be returned to the child’s or their parent’s home country; steps the courts should take when making this SIJS finding; and factors to consider when making this finding.

Published October 2, 2018

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*New Practices Advisory on Special Immigrant Juvenile Status Applications Published (September 17, 2018)

The Immigration Legal Resource Center recently published a helpful Practice Advisory on “Risk of Applying for Special Immigrant Juvenile Status in Affirmative Cases”[1] due to the recently updated USCIS guidance on when it will refer a person to Immigration & Customs Enforcement (ICE) or issue a Notice to Appear (NTA, the charging document that begins […]

Published September 17, 2018

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*Gender-based Asylum 2018 policies have no effect on VAWA protections for Immigrant Domestic Violence Victims

Violence Against Women Act protections for immigrant survivors of domestic violence continue in full force and effect and are NOT affected by the 2018 domestic violence asylum policies issued by the U.S. Department of Justice.   On June 11, 2018, the Attorney General issued a new precedential decision, in Matter of A-B-, 27 I&N Dec. […]

Published August 31, 2018

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*Understanding the Judicial Role in U Visa Certification

This article is from American Journal of Family Law, Vol. 31, No. 4 (Winter 2018). It discusses the role of judges as U visa certifiers, as outlined in the Violence Against Women Act of 2000. This article can be accessed through  Wright’s Media at 1-877-652-5295 or go to the Wright’s Media website. If you would like NIWAP to […]

Published August 21, 2018

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*Custody of Children in Mixed-Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings

This article is  from Family Law Quarterly, Vol. 47. No. 2 (Summer 2013). It is designed to provide accurate information about current immigration laws and policies to family court judges and attorneys representing immigrant parents, to counter efforts by litigants in family court to raise immigration status of an opposing parent to gain advantage in a […]

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*U and T Visa Toolkit for Law Enforcement Agencies and Prosecutors

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 […]

Published June 22, 2018

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*Pro Bono Training Institute “U Visa” Training Module

Pro Bono Training Institute “U Visa” Training Module In collaboration with the Pro Bono Training Institute, NIWAP has created online training modules to assist individuals and attorneys with filing U Visa applications. You will need to register for a free PBTI account to complete the module. Curriculum U Visa Introduction U Visa Requirements U Visa […]

Published June 21, 2018

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*Pro Bono Institute “Violence Against Women Act (VAWA) Self-Petition” Training Module

Pro Bono Institute “Violence Against Women Act” Training Module In collaboration with the Pro Bono Training Institute, NIWAP has created online training modules to assist individuals and attorneys with applying for VAWA Self-Petitions. You will need to register for a free PBTI account to complete the module. Curriculum Basics of VAWA Relief & Working with […]

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[pdf] Fact Sheet: ICE Policies and Procedures Involving Detained Parents and Legal Guardians (March 2018) (+)

Fact sheet by ICE describing how detained parents can participate in court cases involving their children, can have visitation with their children, can request transfers to detention centers that would allow for visitation with their children and/or participation in court cases involving their children, parent involvement in placement or care of their children and facilitating travel of children with parents who are being removed.

Published March 2018 by

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[pdf] ICE Detained Parents Directive: Detention and Removal of Alien Parents or Legal Guardians (August 29, 2017) (+)

ICE Detained Parents Directive: Detention and Removal of Alien Parents or Legal Guardians (August 29, 2017) This directive provides directions governing ICE responsibilities and ICE policies governing steps ICE can be asked to take regarding the following:
— Having ICE transfer detained parents to court to participate in state court proceedings in family or child welfare courts regarding the custody, care, placement or guardianship of the detained parents’ child(ren) primarily for in-person participation of the parent in state court proceedings and in the alternative secondarily for facilitating participation by video conference
— Facilitating visitation between detained parents and their children
— Preventing the transfer or placement of a detained parent in detention facilities outside of the jurisdiction of the courts having jurisdiction over their children
–Assisting detained parents in making plans for care, custody, placement or guardianship of their children
— Facilitating the ability of detained parents to obtain passports, travel documents and other documentation that would be needed and to arrange for travel for their children to join them should the parent be deported.

NOTE this document is the ICE directive that went into effect in August 2017, in March of 2018 ICE issued a fact sheet on this policy and in May 2018 ICE updated its website with instructions related to using this policy.

Published August 23, 2-17 by

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[pdf] Overcoming Fear and Building Trust With Immigrant Communities and Crime Victims (Police Chief Magazine April 2018) (+)

This article in Police Chief Magazine discusses the benefits of U and T visa certification programs for law enforcement, reports results from a 2017 survey of law enforcement officers regarding their experiences of working with immigrant crime victims in 2016 and 2017 and based on the findings makes recommendations regarding adopting U visa and T visa certification practices and policies, language access plans, training law enforcement officers on U and T visa certification and receiving technical assistance from law enforcement officials who are national experts.

Published April 2018 by

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[pdf] Immigration and Customs Enforcement: FAQ on Sensitive Locations and Courthouse Arrests (January 31, 2018) (+)

Immigration and Customs Enforcement (ICE) Frequently Asked Questions (FAQ) on 2018 policies regarding immigration enforcement actions taken at sensitive locations and at courthouses. This document should be read together with Thomas D. Homan, Directive Number 11072.1: Civil Immigration Enforcement Actions Inside Courthouses, 1 (January 10, 2018) https://niwaplibrary.wcl.american.edu/pubs/ice-courthouse-directive-2018/ and John Morton, Policy Number 10029.2: Enforcement Actions At or Focused on Sensitive Locations, 1 (October 24, 2011) https://niwaplibrary.wcl.american.edu/pubs/ice-2011-sensitive-locations-policy

Published January 31, 2018 by

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*Special Immigrant Juvenile Status (SIJS)Bench Book (March 31, 2018) Table of Contents

NOTE: This United States Citizenship and Immigration Services issued final SIJS regulations in March of 2022 and updated its SIJS policy manual consistent with the final regulations.  NIWAP is in the process of updating the chapters in this bench book.  A Question and Answer Guide that highlights the updates and a copy of the new […]

Published March 28, 2018

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*Training Materials: U and T Visa Certification (Last Updated – March 2018)

Also see our full library of SJI supported materials for courts at www.niwap.org/go/UVisa Know Your Rights Information DHS Interactive Infographic on Protections for Immigrant Victims Immigration Options for Victims of Crime -DHS Brochure Multilingual Materials for Victims and Advocates Pathways to Immigration Relief for Students Forms of Immigration Relief Bench Card: Overview of Types of […]

Published March 9, 2018

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*Labor Charts: Employment Based U Visa Criminal Activity State Charts (December 31, 2021)

NIWAP has developed comprehensive charts tracking state laws on forced labor, involuntary servitude, slavery, slave trade, and peonage, which are not expressly included on the U visa criminal activity list, and identified the qualifying criminal activities on the U visa list that are contained within these state statutes. The goal of these charts is to […]

Published February 27, 2018

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BUILDING LAW ENFORCEMENT CAPACITY TO SERVE IMMIGRANT VICTIMS

Table of Contents U-Visa “Helpfulness” Checklist CATEGORY: MANUAL DHS U and T Visa Law Enforcement Resource Guide Updated 11.30.15 Glossary of Terms for Work with Immigrant Survivors (November 15, 2017) U Visa Helpfulness Case Scenarios Collection of U-Visa News Articles Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges […]

Published February 20, 2018

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*Training Materials: Immigration Relief for Immigrant Crime Victims and Immigrant Children

For more information on any of the following immigration protections for immigrant crime victims including statues, regulations, policies and government publications see generally: https://niwaplibrary.wcl.american.edu/topic/immigration/ Legal Rights Overviews, Screening Tools, and Brochures Multilingual Materials for Victims and Advocates DHS Infographic: Protection for Immigrant Victims DHS Proteccions Para Las Víctimas Inmigrantes (Protections for Immigrant Victims) The Department […]

Published February 14, 2018

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