[pdf] Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for ‘‘T’’ Nonimmigrant Status (T Visa Final Rule April 30, 2024) (+)

Final T Visa regulations issued by the USCIS on April 30, 2024 that go into effect on August 28, 2024. T Visa Rule highlights include: New Bona Fide Determination process leading to
Stays removal, benefits access, and work authorization. Victims should submit any additional needed evidence 8/28/24. Provides VAWA confidentiality protections and exempts from T visa applicants from Public Charge. Includes trauma informed definitions of: Coercion, commercial sex act, involuntary servitude, serious harm, trauma exception, and extreme hardship.
Detailed list of factors used to examine whether requests from government officials for cooperation or assistance in the detection, investigation or prosecution of human trafficking were reasonable. Exempts both labor and sex trafficked minors from any cooperation requirements. Includes a broad interpretation of when the victim’s physical presence in the U.S. is connected to human trafficking.

[pdf] Hennepin County Attorney’s Office U Visas and T Visas Certification Policy (March 7, 2024) (+)

The Hennepin County Attorney’s Office in March of 2024 implemented a U and T visa certification policy that is both fully consistent with DHS policies, regulations, and publications on the U and T visa programs and adopts a victim centered trauma informed approach to the U and T visa certification process. It serves as a model prosecution office policy that is clear, transparent, and is designed to address and inform that public about how the agency wants to receive certification requests which is consistent with prosecutors’ discovery obligations. This policy furthers victim protection goals and the prosecutor’s office’s important work to hold offenders accountable for their crimes.

[pdf] HHS OTIP -Child Eligibility Benefits Handout (February 20, 2024) (+)

HHS Office on Trafficking in Persons Child Eligibility Handout updated and expanded February 20, 2024 provides an overview of the benefits and services available to help immigrant child trafficking victims who have received HHS child eligibility letters. It includes useful links and telephone numbers, steps children with OTIP letters have to take to obtain social security numbers required by some benefits granting agencies, how to apply for public benefits and how to present evidence of age and date of birth.

[pdf] 12 Question Predatory Helpfulness Screener (October 24, 2023) (+)

This screener appears as an appendix to the article Inderjit K Basra, Tatum Kenney, Shandra Forrest-Bank, Lisa K. Zottarelli & Chitra Raghavan (24 Oct 2023): Predatory Helpfulness: An Empirical Framework to Identify Fraudulent Tactics Used by Pimps to Recruit and Commercially Sexually Exploit Young Girls and
Women, Journal of Human Trafficking, DOI: 10.1080/23322705.2023.2259263
To link to this article: https://doi.org/10.1080/23322705.2023.2259263

[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] Training Materials for Victim Advocates and Attorneys (11.28.23) (+)

Training materials for family lawyers, prosecutors, and state family, civil and criminal court judges assisting immigrant crime victims Topics include: U visas, T visas, Family Law cases, VAWA Self-Petitions, VAWA Confidentiality, Public Benefits, Best Practices, Language Access, Webinars, Podcasts and more.

[pdf] How Immigration Law and Policies Impact State Courts — When Children and Litigants are Victims of Human Trafficking, Domestic Violence, Child Abuse, or Sexual Assault (NCJFCJ, In-Session -Fall 2023) (+)

This In-Session article discusses immigration policy updates that have occurred in 2021 – 2023 and the impact that what these policies mean for state courts adjudicating a range of family court cases involving immigrant children, immigrant crime victims, and child victims living in mixed immigration status families.

[pdf] Romain v. Napolitano (March 16 2012) United States District Court (+)

Romain v Napolitano (March 16 2012), U.S. District Court, Eastern District of New York. NIWAP, represented by Morgan, Lewis and Bockius, served as lead amicus in the first VAWA Confidentiality appeal of denial of a criminal court discovery order. This was a case in which a domestic violence perpetrator who was being prosecuted for domestic violence sought discovery under Brady and W.M.V.Crio of the VAWA confidentiality protected VAWA self-petition immigration case filed by his battered immigrant spouse. The perpetrator of spousal rape subpoenaed the
victims VAWA self-petition case from the U.S. Department of Homeland Security. The Federal District Court ultimately denied the subpoena and discovery of the self-petition file by the criminal defendant
spouse.

[pdf] Rosa Marisol Avelar Oliva Board of Immigration Appeals (February 16 2018) (+)

Amicus Brief in Matter of Rosa Marisol Avelar Oliva, NIWAP filed an amicus curiae brief on behalf of an El Salvadorian woman who suffered child abuse and was held in isolation for years. The Immigration Judge found that she was not credible. The brief discussed the psychological and developmental effects of trauma and how childhood rape and sexual abuse can significantly impact witness’s demeanor and ability to testify and report the abuse. The brief addressed how childhood trauma impairs brain development in key regions responsible for memory, reasoning, and planning. The amicus was filed in the Board of Immigration Appeals in a case in which Rosa Marisol is seeking gender-based asylum and withholding of removal. Crowell and Moring (February 16, 2018)

[pdf] Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona (June 11 2010) (+)

Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’s, violence against women’s and allied organizations joined the brief which demonstrated how SB 1070 interferes with federal protections for immigrant crime victims; cuts immigrant women and their children off from federally provided services necessary to protect life, health and safety, and harms children by depriving them of the care and nurturing of their mothers through detention leading to family separations. The Mexican Consulate translated this brief and is distributing it in Spanish. (Manatt, Phelps, and Phillips, Pro Bono)

[pdf] European Connections & Tours, Inc. v. Gonzales (April 24 2006) (+)

European Connections & Tours, Inc. v. Gonzales, (2006) Developed amicus brief and assisted the U.S. Attorney General in a motion to dismiss a 1st Amendment challenge to the collection of data on male clients for prospective brides and 5th Amendment Equal Protection challenge to regulation of for-profit or majority for-profit but not cultural or religious International Marriage Brokers. (Crowell and Moring, Pro Bono).

[pdf] Trafficking: Resources for Advocates Addressing Domestic and Sexual Violence (March 2018) (+)

This publication by the Asian Pacific Institute on Gender-Based Violence provides information and guidelines about obtaining legal relief, social services and/or benefits for trafficking victims also experiencing domestic and/or sexual violence.

[pdf] Meeting the Legal Needs of Child Trafficking Victims: An Introduction for Children’s Attorneys and Advocates (April 2009) (+)

The ABA training manual written by Eva Klain, Amanda Kloer, Diane Eason, Irena Lieberman, Carol Smolenski, and Robin Thompson discusses identification and representation of child victims of human trafficking in civil, protection order, immigration, employment and other cases. It discusses community-based responses to child trafficking and provides resources for attorneys and advocates.

[pdf] The Human Trafficking Legal Center, Human Trafficking and Domestic Violence Fact Sheet (2018) (+)

This fact sheet developed by The Human Trafficking Legal Center provides cases that illustrate how victims of domestic violence may also be victims of sex and/or labor trafficking. Growing recognition of the connection between domestic violence and human trafficking will enable survivors to achieve justice and immigration relief.

[pdf] Meeting the Legal Needs of Human Trafficking Victims: An Introduction for Domestic Violence Attorneys and Advocates (2009) (+)

The ABA manual written by Jean Bruggeman and Elizabeth Keyes helps attorneys and victim advocates working with domestic violence victims recognize human trafficking occurring in domestic violence relationships. It describes why it is important to identify trafficking occurring within families, the civil, immigration, employment and other remedies available for victims and provides practice pointers for effective representation. The publication includes other valuable resources for domestic violence victims’ attorneys working with victims who are also subjected to human trafficking.

[pdf] Human Trafficking and Domestic Violence: A Primer for Judges (2013) (+)

This article by Dorchen Leidholdt discussed the intersection of human trafficking with domestic violence relationships. It discusses how “understanding the domestic violence/trafficking connection is not only useful to
judges and court personnel in identifying victims and understanding the nature and effects of their ordeal. It can also be valuable in understanding the kind of assistance victims need and where help is available. Courts increasingly are taking steps to ensure that victims obtain assistance and are referring them to service.”
providers.

[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] 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] 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] 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] 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] 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] 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] 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] 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] 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 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

[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.

[pdf] Instructions for Request for a Fee Waiver (I-912) (September 03, 2021) (+)

USCIS Form to be used for waivers in cases of immigrant survivors:
1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);
2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
3. T nonimmigrant (such as Forms I-192, I-485, and I-601);
4. Temporary Protected Status (such as Forms I-131, I-821 and I-601);
5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or
6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212).

[pdf] Bench Card: Overview of Types of Immigration Status (April 21, 2022) (+)

This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.

[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 helpful, informative U visa certification tool kit for judges and magistrates covers materials on topics such as: what is the role of judges in U visa certification, U visa quick references for judges, U visa certification introduction, U visa application flow chart, judges and the U visa certification requirement, U visa statutory and regulatory background, frequently asked questions, redacted I-918 supplement B (U nonimmigrant status certification), form I-918 supplement B (sample judges’ certification), sample information flyer for victims, resource list, sample memorandum in support of a motion for U visa certification, sample declaration for a motion for certification, glossary of terms, and collection of U visa news articles.

[pdf] DHS Efforts to Combat Human Trafficking (January 25, 2022) (+)

This fact sheet was released together with the Statement from Secretary Mayorkas on National Human Trafficking Prevention Month (2022):
U.S. DEPARTMENT OF HOMELAND SECURITY
Office of Public Affairs
________________________________________
Statement from Secretary Mayorkas on National Human Trafficking Prevention Month
WASHINGTON – Today, Secretary of Homeland Security Alejandro N. Mayorkas released the following statement on National Human Trafficking Prevention Month:

“Human trafficking is an abhorrent crime that impacts an estimated 25 million people, here in the United States and abroad. Victims too often suffer in silence and perpetrators are too seldom brought to justice. National Human Trafficking Prevention Month is a time to reaffirm the Department’s commitment to seeing those victims, hearing their stories, and preventing the horrific acts of human trafficking before they occur. We will bring the full weight of the Department of Homeland Security – our resources and our dedicated personnel – to identify and protect victims and to investigate and arrest perpetrators.

“Across DHS, our tremendous professionals lead this work each day.
• The DHS Center for Countering Human Trafficking leverages the resources of 16 DHS Agencies and Offices to combat both sex trafficking and forced labor.
• U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agents investigate these crimes and help prosecute the perpetrators.
• The HSI Victim Assistance Program supports victims with critical emergency assistance and connects victims with non-governmental organizations that provide short- and long-term direct services.
• U.S. Customs and Border Protection investigates allegations of forced labor in U.S. supply chains and bars goods made with forced labor from entering the country.
• The Federal Law Enforcement Training Centers educates law enforcement about the indicators of trafficking and best practices for supporting victims and bringing perpetrators to justice.
• We raise awareness about these heinous crimes through our signature public awareness and education campaign, the DHS Blue Campaign, and our partnerships with state, local, tribal, and territorial governments, businesses, airlines, schools, non-profits, legal organizations, and many others.
• Finally, and critically, DHS personnel are trained to recognize and report indicators of human trafficking in the course of their daily duties interacting with the public, including Transportation Security Administration officers, Federal Air Marshals, service members of the U.S. Coast Guard, U.S. Citizenship and Immigration Services benefits adjudicators, and more.
“Combating human trafficking is truly a whole of DHS effort.

“During this past year, HSI Special Agents made more than 2,360 human trafficking arrests, identified and assisted more than 728 trafficking victims, and issued the first-ever comprehensive Continued Presence Resource Guide. USCIS released the first-ever standalone T Visa Resource Guide for law enforcement and certifying agencies, and approved 559 T visas for victims of trafficking and 451 T visas for their qualifying family members. CBP detained and seized more than 1,550 shipments containing nearly $500 million in merchandise linked to forced labor abroad, a 900 percent increase over Fiscal Year 2020.

“Last year, I directed all DHS Agencies and Offices to incorporate a victim-centered approach into every policy, program, and activity that impacts our Department’s interactions with victims of crime. I also released a worksite enforcement strategy that focuses our enforcement efforts on unscrupulous employers who exploit unauthorized workers, including through force, fraud, or coercion. We can, must, and will do more.

“The scourge of human trafficking must be met with concerted action. This month and every month, our Department will strive to shine a light on these heinous acts, protect the dignity of survivors, and bring perpetrators of human trafficking to justice.”

To report suspected human trafficking to DHS law enforcement, contact 1-866-347-2423.

To seek help or learn more from the National Human Trafficking Hotline, contact 1-888-373-7888 or text HELP or INFO to BeFree (233733).

Learn more about DHS’s efforts to combat human trafficking here: https://www.dhs.gov/topics/human-trafficking and in a new Department-wide fact sheet.

[pdf] Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS (December 29, 2021) (+)

The public benefits flow charts pertain to VAWA self-petition and cancellation, U-Visas, T-Visas, and Special Juvenile Immigrant Status (SIJS). Specifically, the charts explain access to federal and state public benefits for battered immigrant spouses and children of U.S. citizens or lawful permanent residents, victims of human trafficking, U-Visa victims, and SIJS victims.

[pdf] Appendix VIII – States with Peonage Mentioned in Other Statutes (December 29, 2021) (+)

Peonage laws vary from state to state. This chart catalogs state statutes that mention peonage and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s statute mentioning peonage. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes mentioning peonage. This chart will also assist attorneys and advocates working with peonage victims in identifying a more complete list of U visa qualifying criminal activities that peonage victims may also have suffered.

[pdf] Appendix VII – States with Peonage Statutes (December 29, 2021) (+)

Peonage laws vary from state to state. This chart catalogs state statutes on peonage and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s peonage statute. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes on peonage. This chart will also assist attorneys and advocates working with peonage victims in identifying a more complete list of U visa qualifying criminal activities that peonage victims may also have suffered.

[pdf] Appendix VI – States with Involuntary Servitude and Slavery (Slave Trade) in the State Constitution and in Statute (December 29, 2021) (+)

Involuntary servitude and slave trade laws vary from state to state. This chart catalogs states that have involuntary servitude and slave trade in the state constitution and in state statute and identifies potential U visa qualifying criminal activity that can fall within the relevant elements of the state’s constitution and statutes. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state constitutions and criminal statutes on involuntary servitude and slave trade. This chart will also assist attorneys and advocates working with involuntary servitude and slave trade victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude and slave trade victims may also have suffered.

[pdf] Appendix V – States with Involuntary Servitude Mentioned in Other Statutes (December 29, 2021) (+)

Involuntary servitude laws vary from state to state. This chart catalogs state statutes that mention involuntary servitude and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s statute mentioning involuntary servitude. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes mentioning involuntary servitude, and assist attorneys and advocates working with involuntary servitude victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude victims may also have suffered.

[pdf] Appendix IV – States with Involuntary Servitude Statutes (December 29, 2021) (+)

Involuntary servitude laws vary from state to state. This chart catalogs state statutes on involuntary servitude and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s involuntary servitude statute. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities, and assist attorneys and advocates working with involuntary servitude victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude victims may also have suffered.

[pdf] Appendix III- States With Slave Trade Statutes (Updated December 29, 2021) (+)

Slave trade laws vary from state to state. This chart catalogs state statutes on slave trade and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s slave trade statute. This chart also assists DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes on slave trade, and assists attorneys and advocates working with slave trade victims in identifying a more complete list of U visa qualifying criminal activities that slave trade victims may also have suffered. Part of the labor trafficking materials.

[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.

[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.

[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.

[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.

[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.

[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.

[pdf] Trafficking Social Science Research Data Sources Chart (January 25, 2021) (+)

This chart reviews 100 research articles and reports on human trafficking in the United States. It tracks for each article the source of the primary data that the article is relying upon and whether or not the article has a bibliography. This chart should be read together with the report “Social Science Human Trafficking Research Findings: Tools for Courts which describes which of these research reports are most reliable. If you need assistance obtaining any of the research reports cited in this chart contact NIWAP at info@niwap.org.

[pdf] Expanding the Toolbox for Children in Immigrant Families- Tips and Tools for Child Welfare and Children’s Courts- NCJFCJ_03.23.21 (+)

NIWAP Director Leslye Orloff and Judge Susan Breall from the San Francisco Superior Court presented a webinar with the National Council of Juvenile and Family Court Justice on tips and tools for child welfare and children’s courts for children in immigrant families. The webinar covered U and T visa certifications, seeking/making state court findings required […]

[pdf] USCIS Fee Schedule (G-1055) (October 19,2020) (+)

This document confirms that there are no fees required for filing the VAWA self-petition, the U visa or the T visa applications. However some forms that victims may need to file related to these case types have fees associated with them and as the instructions to the USCIS Fee Waiver form indicate victims eligible for fee waivers may apply for waivers of the fees associated with the following forms:
1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);
2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
3. T nonimmigrant (such as Forms I-192, I-485, and I-601);
4. Temporary Protected Status (such as Forms I-131, I-821 and I-601);
5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or
6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212).

[pdf] Regional HT Collaborative Summit Feb 2021 (+)

This presentation provides an overview of the T visa, U visa, and VAWA Self-Petition options for immigrant victims of crime including domestic violence, sexual assault, stalking, and human trafficking. The presentation specifically focuses on the T visa and Continued Presence as well as state labor crimes and the U visa.