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.
Topic: T Visa & Human Trafficking
Materials for T Visa and human trafficked individuals.
[pdf] Clara, Eduardo, and Juanita Hypothetical (June 15, 2021) (+)
[pdf] NJN Peer-to-Peer Forum 06.01.21 (+)
[pdf] T Visa Quick Reference for Law Enforcement & Prosecutors (March 24, 2021) (+)
[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] T-Visa Process Timeline with Background Checks (June 12, 2021) (+)
Timeline of the T-Visa process with background checks.
[pdf] NJN Peer-to-Peer Forum 5.4.21 (+)
[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] T Visa Adjudication Data DHS 2008-2020 (2020) (+)
T Visa Adjudication Data DHS 2008-2020.
[pdf] VAWA T, U Case Processing Data 1997-2020 FY DHS and INS (February 10, 2021) (+)
Compilation of VAWA self-petition, U visa and T visa case processing data 1997 to 2020.
[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.
[pdf] Complicated Overlay of Domestic Violence, Immigration Status and Human Trafficking Presentation 12.15.20 (+)
This presentation includes the following learning objectives: Identify juvenile and adult immigrant victims who are eligible for federal protection, Carry out the role Congress delegated to State Court Judges, CPS, APS, law enforcement and prosecutors in these cases, and Understand how early access to federal VAWA, TVPA and SIJS immigration protections can stabilize individual victims […]
[pdf] Wilmington University Trafficking Awareness Webinars Materials List 2020 (+)
This materials list complements the presentation for NIWAP’s webinars at the Human Trafficking Awareness Webinars for Wilmington University. This document is a complete list of training materials, resources, and tools for the attendees of the webinar as well as professionals seeking tools to assist victims of human trafficking.
[pdf] Training Bulletin: Improving Crime Fighting Outcomes in Cases of Immigrant Victims (+)
The End Violence Against Women International (EVAWI), in collaboration with NIWAP, published a Training Bulletin. Congress created several forms of humanitarian immigration relief to assist law enforcement agencies in building trust with, protecting and assisting immigrant and LEP crime victims in communities across the country. This immigration relief prevents perpetrators of high recidivism crimes including […]
[pdf] Protection and Assistance for Victims of Trafficking – 22 CFR § 7105 (+)
[pdf] Authority to Permit Continued Presence – 28 CFR § 1100-35 (+)
[pdf] 2018 Attorney General’s Annual Report to Congress on U.S. Government Activities to Combat Trafficking in Persons (+)
[pdf] Wilmington University Pwpt Final (+)
This presentation helps people identify juvenile and adult immigrant victims who are eligible for federal protections, understand the role Congress delegated to State Court Judges, CPS, APS, law enforcement and prosecutors in these cases, and learn about how early access to federal VAWA, TVPA and SIJS immigration protections can stabilize individual victims and increase safety […]
[pdf] Domestic Victims of Human Trafficking Program Data Collection – NIWAP Comments (February 25, 2020) (+)
These comments identify the VAWA confidentiality protections and issues that arise in cases of foreign born victims who obtained their lawful permanent residency and citizenship through the T visa or U visa programs. These victims are entitled to VAWA confidentiality protection that the proposed rule did not take into account.
[pdf] The U Visa as a Crime-Fighting Tool Webinar Presentation 10.20.2020 (+)
This presentation educates prosecutors and law enforcement officials on how they can identify victims who qualify for the U and T visa as well as utilize immigration relief to hold offenders accountable. This presentation outlines how prosecutors can enhance victim, community, and officer safety by combatting domestic, sexual violence, and stalking. This presentation displays how […]
[pdf] T Visa Quick Reference Guide For Judges (October 14, 2020) (+)
This document provides on overview of T visas for victims of human trafficking and serves as a quick reference guide discussing the role state, local and federal judicial officials are authorized by Congress to plan in signing T visa declarations on behalf of human trafficking victims that judges encounter in court. This document is part of the U Visa Certification and T Visa Declaration Toolkit for Judges.
[pdf] COP Human Trafficking 101 with CAST 5.19.20 (+)
This presentation provides an overview of human trafficking basics and how to screen for human trafficking victims. This Community of Practice was presented by Director of Legal Services from the Coalition to Abolish Slavery & Trafficking (CAST): Nagwa Ibrahim.
[pdf] COP Continued Human Trafficking with CAST Presentation 8.13.20 (+)
This presentation is a continuation of NIWAP’s COP’s discussion on human trafficking with the Director of Legal Services from the Coalition to Abolish Slavery & Trafficking (CAST): Nagwa Ibrahim. This presentation includes information on the T Visa as well as how to assess difficult human trafficking cases and help immigrant victims of domestic violence and […]
[pdf] T Visa Protections for Family Members (July 3, 2020) (+)
The following chart outlines each of the types T visas available to immigrant victims of human trafficking and their family members. Age-out protections are provided for T visa principal applicants and for the family members they included in their applications (derivatives) who are under 18 or 21 years of age.
[pdf] T Visa Regulations 2002 and 2016 (June 23, 2020) (+)
This document compares and tracks with comments the evolution and regulatory history of the T visa regulations. It includes the full regulatory history preamble language from both sets of regulations. It interlineates the 2002 regulations to help users identify which parts of the 2002 regulations and the preamble supporting that language remain in effect after implementation of the 2016 regulations. It also identifies which parts of the 2002 regulations were substantially modified, overruled, or replaced by the 2016 regulations and crosses out those provisions and any preamble language that is no longer relevant after implementation of the 2016 regulations. This is a tool that will help lawyers, judges and the field better understand the T visa regulations, and their history and purpose so as to better serve victims of human trafficking.
[pdf] DHS Proteccions Para Las Víctimas Inmigrantes (Protections for Immigrant Victims)(Marzo 1, 2017) (+)
El Departamento de Seguridad Nacional ha producido una infografía que provee un resumen de protecciones legales para víctimas de crimen quien son adultos y niños. Esta infografía provee protección sobre inmigración para víctimas que sufren abuso en los estados unidos y/o en el extranjero. Las formas de alivio son: VAWA auto petición, Visa U, Visa T, Presencia Continua, Estado Especial de Inmigrante Juvenil (SIJS) y Asilo. Esta infografía tiene enlaces al sitio de web de DHS con materiales de entrenamiento e información sobre estos programas, formas de aplicaciones e instrucciones producido por el gobierno.
[pdf] COP Human Trafficking 4.21.2020 (+)
This presentation covers screening for human trafficking victims. Commissioner Loretta Young and Judge Rosemary Collins (Ret.) discuss best practices when working with human trafficking victims. It also includes screening tools to assist victims of human trafficking and aid family law attorneys in their work.
[pdf] Helping Victims of Human Trafficking Courts 11.9.2020 (+)
This PowerPoint was presented at the NCJFCJ virtual training in November 2020.
[pdf] USCIS and Blue Campaign Continued Presence Pamphlet (+)
This brochure was produced by USCIS and the Blue Campaign to explain continued presence: temporary immigration designation for victims of human trafficking. It explains important contact information, facts about continued presence, and an overview of continued presence.
[pdf] And Legal Services for All: Implementing the Violence Against Women Act of 2005’s New Path to Legal Services Corporation Funded Representation for Immigrant Survivors of Domestic Violence, Sexual Assault, Human Trafficking, and Other Crimes (+)
This article contains a detailed description of the history and purpose of access to legal services funded by the Legal Services Corporation (“LSC”) for immigrant victims of domestic violence, sexual assault, human trafficking and other U visa listed criminal activities. It provides a detailed analysis of the 2014 LSC regulations, policies and the services they provide to immigrant victims, and highlights the very real implications that a lack of legal services can have for individuals who need them most.
[pdf] T Visa Document Checklist (+)
This document contains a non-exclusive list of the types of documentation that can be used to meet the evidentiary requirement for each of the factors a victim hat the burden of proving in a T visa immigration case.
[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.
[pdf] Questions for Identifying Trafficked or Enslaved Persons (June 2011) (+)
Sample Questions for Identifying a Trafficked/Enslaved Person
[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.
[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.
[pdf] Human Trafficking Assessment and Measurement Framework (+)
For references and
additional resources,
go to www.htcourts.org
[pdf] Definitions, Forms, and Dynamics of Human Trafficking (+)
Human trafficking occurs when an individual or an organization (1) induces, (2) recruits, (3) harbors,
(4) transports, (5) provides, or (6) obtains a person by (1) force, (2) fraud, or (3) coercion
for the purposes of (1) involuntary servitude, (2) peonage, (3) debt bondage, (4) slavery, or
(5) a commercial sex act.
[pdf] Approaches to addressing human trafficking (+)
Approaches, Key Assumptions, & Characteristics of Responsive Strategies
[pdf] Identifying Cases Involving Human Trafficking (+)
This card is aimed at helping state court judges identify situations before them that may involve elements of human trafficking and determining what steps to take to assure that victims of human trafficking are protected.
[pdf] Immigration Rights of Victims of Human Trafficking (+)
Short card on immigration rights of victims of human trafficking.
[pdf] State Court Focused Approach to Addressing Human Trafficking (+)
CHARACTERISTICS OF A STATE COURT FOCUSED APPROACH TO ADDRESSING HUMAN TRAFFICKING
[pdf] HTSCC, Infrastructure Required to Support Courts and Justice Partners in Human Trafficking Cases (November 2013) (+)
INFRASTRUCTURE REQUIRED TO SUPPORT COURTS AND JUSTICE PARTNERS IN HUMAN TRAFFICKING CASES
[pdf] Working With Human Trafficking Victims in a Juvenile Case (+)
This card is aimed at helping juvenile court judges identify situations that may involve elements of human trafficking and determine what steps may be taken to assure that a juvenile in a dependency case or delinquency case who might be a victim of human trafficking is protected.
[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.
[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.
[pdf] Human Trafficking Vortex Panel Vignette (+)
[pdf] NIWAP Public Charge Proposed Rule Comments (+)
[pdf] VAWA Protections for Immigrant Survivors and the 2018 Domestic Violence Asylum Policies (November 19, 2018) (+)
[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
[pdf] Model Policy for Interactions with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations (+)
[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.
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, […]
[pdf] U Visa Case Scenarios Faculty Sheet (+)
*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. […]
[pdf] DHS Infographic – Thai (+)
[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.
[pdf] Appendix G – DHS Immigrants Options for Victims of Crime (English) (+)
This Appendix provides a snapshot of immigrant’s options for victims of crime.
[pdf] U and T Certification Training Materials (+)
List of training materials on U and T Visa Certification
*Training Tools for Prosecutors on the U Visa, VAWA and Criminal Court Discovery (June 2023)
AEquitas, The Prosecutor’s Resource on Violence Against Women and the National Immigrant Women’s Advocacy Center, American University, Washington College of Law have created tools for prosecutors working on cases involving immigrant crime victims. The development of these tools was funded by the Office on Violence Against Women, U.S. Department of Justice. What’s Immigration Status Got […]
[pdf] DHS Protections for Immigrant Victims – Russian (+)
СРЕДСТВА ЗАЩИТЫ ДЛЯ ИММИГРАНТОВ – ЖЕРТВ ПРЕСТУПЛЕНИЙ
[pdf] DHS Infographic – Chinese (中文) (+)
DHS Infographic – Chinese (中文)
[pdf] DHS PROTEÇÕES PARA VÍTIMAS IMIGRANTES – (Protections for Immigrant Victims) [pdf] (+)
O Departamento de Segurança Interna produziu uma infográfico que fornece um resumo das proteções legais para vítimas de crimes que são adultos e crianças. Este infográfico fornece proteção de imigração para vítimas de abuso nos Estados Unidos e / ou no exterior. As formas de alívio são: VAWA, visto U, visto T, presença contínua, status […]
*Trafficking FAQs
Identifying Trafficking I am not sure if my client is a trafficking victim. What should I be looking for? Identifying a trafficking victim is complicated, particularly because of the misconceptions about human trafficking. The following is the definition of a severe form of trafficking in persons under the Trafficking Victims Protection Act (TVPA): Sex trafficking […]
*Evidence Checklists For Work With Immigrant Survivors (February 11, 2017)
NIWAP has developed a number of checklists that assist attorneys and advocates working with immigrant survivors to prepare for a variety of legal cases on behalf of immigrant survivors. Some of the following checklists are geared toward preparing to accompany a victim who will be applying for state or federal public benefits that the victim […]
*Tools for Advocates Assisting Immigrant Crime Victims in Immigration Cases
Identifying Immigration Options for Immigrant Survivors How to Prepare Your Case Through A Trauma Informed Approach: Tips on Using the Trauma Informed Structured Interview Questionnaires for Family Court Cases Developing a survivor’s story is a critical component of preparing for any case in which a client has a history of domestic violence, sexual assault, dating violence, […]
*Department of Homeland Security’s Interactive Infographic on Protections for Immigrant Victims
The Department of Homeland Security (DHS) released an infographic detailing the protections afforded to immigrant victims. This interactive infographic describes qualifications and benefits for each form of immigration relief designed to help immigrant victims. When you click on each form of relief, a link takes you to a DHS webpage with further information, brochures […]
[pdf] DHS Continued Presence Brochure (+)
The Department of Homeland Security has published this brochure to provide information on continued presence, a temporary immigration status for victims of human trafficking.
[pdf] T Visa Declaration (Certification) I-914 Supplement B Instructions (December 2, 2021) (+)
U.S. Citizenship and Immigration Services T Visa Declaration (Certification ) Form for use by law enforcement, prosecutors, judges and other government agencies in assisting victims of human trafficking filing T visa applications. The Declaration provides helpful evidence in support of the trafficking victim’s application for a T visa.
[pdf] T Visa Declaration (Certification) Form I-914 Supplement B (December 2, 2021) (+)
This is the T Visa Declaration (Certification) form to be completed by law enforcement, prosecutors, judges and other government officials to provide supportive evidence to a victim of human trafficking applying for a T visa. Issued December 2, 2021
[pdf] T Visa Application for Family Member Form I-914 Supplement A (December 2, 2021) (+)
This I-914 A Form is the application to be filed in T visa cases for the family members of trafficking victims filing for T visas.
[pdf] Policy Memo Extension of T & U Visa Status (+)
The Department of Homeland Security issued this policy memorandum to provide guidance about extensions of status for T and U nonimmigrants, including any related applications for adjustment of status.
[pdf] Blue Campaign: Make the Connection Supporting and Stabilizing Victims of Human Trafficking (+)
DHS Blue Campaign outreach and educational brochure for NGO’s and Faith Based groups working with human trafficking survivors.
[pdf] Blue Campaign: Make the Connection. Close the Case. (+)
USICIS victim support factsheet on supporting and stabilizing victims to enable case investigation and prosecutions for law enforcement, first responders, and healthcare professionals.
[pdf] Blue Campaign: What Can You Do? (NGOs and Faith-based Organizations) (+)
USCIS factsheet on supporting and stabilizing victims of human trafficking NGOs and faith-based organizations.
[pdf] Blue Campaign: What Can You Do? (LEA, First Responders, Healthcare Professionals) (+)
USICIS factsheet on identifying victims and reporting suspected cases of human trafficking for law enforcement, first responders, and healthcare professionals.
[pdf] Blue Campaign: What Can You Do? (Judicial) (+)
USICIS factsheet on recognizing and supporting trafficking victims in the courtroom.
[pdf] USCIS Blue Campaign Brochure (+)
USCIS brochure on its Blue Campaign program that is responsible for working in collaboration with law enforcement, government, and NGOs to protect victims and arrest exploiters involved in human trafficking.
[pdf] Blue Campaign: Information for Law Enforcement Officials – Immigration Relief for Victims of Human Trafficking and Other Crimes (+)
Information about the forms of immigration relief and the distinct roles that HSI, USCIS, and law enforcement officials play in assisting victims of human trafficking and other crimes.
[pdf] Blue Campaign: Human Trafficking 101 (+)
USCIS factsheet on human trafficking and risk factors
[pdf] Blue Campaign: Human Trafficking 101 for School Administrators and Staff (+)
USCIS factsheet on human trafficking and risk factors for school administrators and staff.
[pdf] Instructions for T Visa Declaration (Certification) Form I-914, Supplement B (January 18, 2017) (+)
Instructions for filling out Form I-914, Supplement B, Declaration (Certification) to be used by law enforcement, prosecutors, judges and other government agencies signing declarations/certifications that provide evidence in support of a victim of human trafficking’s application for a T visa.
[pdf] ICE OPLA VAWA Confidentiality and Immigration Relief for Crime Victims Training (November 11, 2016) (+)
This notice reports on the trainings conducted by the Immigration and Customs Enforcement’s Office of Principal Legal Advisor on VAWA Confidentiality and immigration protections for victims for ICE Assistant chief counsel and Enforcement and removal officers. The goal of this training was to ensure that all ICE Trial Attorneys and the Assistant Chief Counsel they report to are aware of the requirements of VAWA confidentiality and the protections available to immigrant crime victims under the VAWA, T visa, and U visa programs and under the 2011 Victim Witness Memo. The document lists the process for contacting the ICE Office of Chief Counsel for problems with particular cases and the point of contact at OPLA on VAWA confidentiality.
*Out of the Shadows (DHS Blue Campaign PSA)
This PSA was developed by the Department of Homeland Security for its Blue Campaign, which fights human trafficking. Please share widely! The link address is: https://youtu.be/yKQSXv5Efvg
*Trafficking Victims Protection Act and Reauthorization Acts
Trafficking Victims Protection and Reauthorization Act of 2008 Trafficking Victims Protection and Reauthorization Act of 2008: Statute (As Enacted) Trafficking Victims Protection and Reauthorization Act of 2008, H.R. 7311 (Analysis of Selected Sections (§§ 105, 201, 204, 205, 211, 212, 238) Prepared by Legal Momentum) Trafficking Victims Protection and Reauthorization Act of 2005 Trafficking Victims Protection and […]
[pdf] SNAPS In Focus: Addressing the Needs of Human Trafficking Victims (2016) (+)
Discusses action plan for serving human trafficking victims. Includes a discussion of the HUD requirement that housing and service providers that they must not turn away immigrants experiencing homelessness or victims of domestic violence or human trafficking, on the basis of their immigration status, from certain housing and services necessary for life or safety – such as street outreach, emergency shelter, and short term housing assistance including transitional housing and rapid rehousing funded through the Emergency Solutions Grants (ESG) and CoC Programs.
[pdf] Services Available to Victims of Human Trafficking: A Resource Guide for Social Services Providers (2012) (+)
Provides an overview of the state and federally funded benefits and services available to victims of human trafficking. Includes access to public benefits offered by HHS, USDA, HUD, USDOJ, SSA, DOL, and DOE (Education).
[pdf] Abused, Abandoned, or Neglected: Legal Options for Recent Immigrant Women and Girls (August 2016) (+)
This article discusses legal options for immigrant girls and immigrant women who are recent immigrants to the United States. It provides an overview of legal immigration relief options including the VAWA self-petition, U Visa, T Visa, Special Immigrant Juvenile Status (SIJS) and Deferred Action for Childhood Arrivals. The article provides a detailed legislative history of SIJS, discusses the importance of trauma informed screening of immigrant children for immigration relief eligibility, and provides an overview of help that Legal Services Corporation funded programs can provide to immigrant children who have suffered battering, extreme cruelty, sexual assault or human trafficking. Importantly the article provides a detailed discussion of the special role state family and juvenile courts play and legal issues that arise in state court proceedings that are a prerequisite to a child’s ability to file a case seeking SIJS immigration relief.
[pdf] Slides from “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” (+)
These slides were presented by Leslye Orloff in a keynote address entitled “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” at Youngstown State University on March 31, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/Ohio2016.
[pdf] Bipartisan Women Made Anti-Violence Act Happen (+)
Article by Ann Moline Women’s Enews correspondent, on the collaboration between Democratic and Republican Senate staff who led Senator Kennedy and Abraham’s work on the Violence Against Women Act of 2000’s immigration protections including the creation of the U and T Visas and improvements to VAWA self-petitioning, VAWA cancellation of removal and VAWA suspension of deportation.
[pdf] U Visa LEP Training for LE and Prosecutors NSA 2016 (+)
This workshop was presented by Leslye E. Orloff and Officer Michael LaRiviere at the National Sheriff’s Association Winter 2016 Conference in Washington, D.C. The slides aim enhance officer, victim, and community safety using language access and certification programs including the U and T Visas.
[pdf] Law Enforcement and Prosecution Best Practices: Immigrant Crime Victims, Language Access and the U Visa Slides (NCVC Anaheim Training 2015) (+)
These slides were presented by Leslye E. Orloff and Officer Michael LaRiviere at the National Center for Victims of Crime 2015 Training Institute. The slides aim to educate law enforcement, prosecutors, and other victim service providers about their role in providing services to immigrant crime victims, including providing U visa certification and T visa endorsement.
[pdf] DHS U and T Visa Law Enforcement Resource Guide Updated November 30, 2015 (+)
Updated November 30, 2015, the Department of Homeland Security published an updated resource guide to clarify and further explain the role of certifying agencies in the U and T visa application process. This guide addresses concerns, answers common questions, and provides accurate information on signing I-918B and I-914B forms for federal, state, local, tribal, and territorial law enforcement, prosecutors, judges, and other government agencies qualified to sign U visa certifications such as the EEOC, federal and state labor departments, adult and child protective services, and any other eligible agencies that have criminal, civil, or administrative investigative or prosecutorial authority. The guide provides information on what U and T visas are, discusses U visa qualifying criminal activities and severe forms of trafficking in persons, explains the standard for “helpfulness” and “reasonable request for assistance”, and has many more important tips and information about the U and T visa.
*Empowering Survivors Table of Contents
This is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, […]
Materials on Human Trafficking and State Courts
The HTC Collaborative is dedicated to increasing awareness and understanding about the prevalence of human trafficking in the United States through the Human Trafficking and the State Courts Collaborative website. Establishing an appropriate state court role in addressing the numerous and complicated forms of modern day slavery will be one of the most difficult challenges confronting state courts in the coming decade.
The State Justice Institute provided initial funding to address this challenge, resulting in the formation of the Human Trafficking and the State Courts Collaborative (HTC) in early 2013. The HTC is being coordinated by the following partner agencies: the Center for Public Policy Studies (CPPS), the Center for Court Innovation (CCI), the National Judicial College (NJC), Legal Momentum, the National Association of Women Judges (NAWJ) and the National Council for Juvenile and Family Court Judges (NCJFCJ).
This website is one facet of the ongoing work of the HTC and is designed to provide up-to-date information, reports, statistics, and tools that will help justice system policy makers, practitioners and researchers more effectively address human trafficking issues. We anticipate the materials will prove useful to other individuals, groups and organizations committed to achieving a solution to end the trafficking of persons.
[pdf] Immigration Options for Trafficking Victims (+)
Information on immigration options for trafficking victims and their general requirements, including T and U visas, with example fact patterns.
[pdf] Violence Against Women Act of 2000 and the Trafficking Victims Protection Act of 200) in the Victims of Trafficking and Violence Protection Act of 2000 (Full Bill) (+)
Full text of 22 U.S.C. 7101, the Victims of Trafficking and Violence Protection Act of 2000.
[pdf] Comparing Forms of Immigration Relief for Immigrant Victims of Crime (+)
This chart has been developed as a tool to help advocates, attorneys, judges, law enforcement and other professionals to promote a basic understanding of how various forms of immigration relief available to help immigrant crime victims and children differ. The chart compares eligibility requirements, access to employment authorization and lawful permanent residency, and the application process.
[pdf] Chapter 08: Immigration Relief for Child Sexual Assault Survivors (July 10, 2014) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides basic information on various immigration remedies available to child survivors of sexual abuse and/or assault. This chapter will cover: (1) VAWA (“Violence Against Women Act”) self-petitioning; (2) VAWA cancellation of removal and suspension of deportation; (3) Special Immigrant Juvenile status (“SIJ”); (4) U-visas/interim relief; (5) T-visas; and (6) asylum.
[pdf] Form I-914, Supplement B, Declaration (Certification) of Law Enforcement Officer for Victim of Trafficking in Persons (Januaryy 18, 2017) (+)
This form should be completed by Federal, State, or local enforcement authorities, prosecutors, judges or other government officials for victims applying for T visas under the Victims of Trafficking and Violence Protection Act, Public Law 106-386, as amended.