Topic: Trafficking Victims Protection Act

[pdf] DHS Directive 002-03: Preventing and Addressing Gender-Based Violence Through a Victim Centered Approach (November 1, 2023) (+)

This Directive establishes the Department of Homeland Security (DHS) policy on efforts to prevent and address gender-based violence (GBV). DHS’s GBV policy formalizes victim1-centered, trauma-informed, and culturally sensitive approaches to GBV and highlights the importance of these approaches for the people that DHS serves.

Published November 1, 2023 by Dept. of Homeland Security

Topics: Gender-Based Persecution, Immigration, Trafficking Victims Protection Act, U Visa and Immigrant Crime Victims, VAWA Self-Petition, Visa Holder Abused Spouses

[pdf] Customer Service and Interpretation of 8 U.S.C. 1367 (VAWA) Confidentiality Protections for U.S. Citizens (June 12, 2024) (+)

USCIS policy update stating that VAWA confidentiality protections end for VAWA confidentiality protected persons (VAWA self-petitioners, U visa, T visa, battered spouse waiver, and abused spouses of work visa holders) at the point in time when the victim is naturalized. The policy has some exceptions that may be applicable to some victims.

Published June 12, 2024 by Citizenship and Immigration Services

Topics: Battered Spouse Waiver, T Visa & Human Trafficking, Trafficking Victims Protection Act, U Visa and Immigrant Crime Victims, VAWA Self-Petition, Visa Holder Abused Spouses

[pdf] US Immigration and Customs Enforcement (ICE), Center for Countering Human Trafficking, Continued Presence Resource Guide (September 2023) (+)

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

Published September 2023 by Immigration and Customs Enforcement

Topics: T Visa & Human Trafficking, Trafficking Victims Protection Act

[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.

Published November 28 2023 by * NIWAP, Office on Violence Against Women

Topics: Adoption, Asylum, Battered Spouse Waiver, Best Practices and Collaborations, Board of Immigration Appeals and Immigration Judges, Child Abuse/Incest, Demographics, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Stalking, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Family Law, Gender-Based Persecution, Harassment, Immigration, Language Access, Law Enforcement, Legal Services, Migration, Acculturation, Integration Immigrant Women, Physical Health, Screening, Checklists, and Comparison of Immigration Relief, Special Immigrant Juvenile Status (SIJS), State Immigration Legislation, T Visa & Human Trafficking, Trafficking Victims Protection Act, Trauma-Informed Assistance, U Visa and Immigrant Crime Victims, VAWA Confidentiality

[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)

Published September 21, 2023 by U.S. District Court

Topics: Abuse, Neglect,, Child Welfare & Parental Rights, Amicus Briefs, Battered Spouse Waiver, Childcare & Head Start, Domestic Violence, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Education & Financial Aid, Healthcare, Public Benefits & Economic Stability, Research Data, Stories, T Visa & Human Trafficking, Trafficking Victims Protection Act, VAWA 1994 - Legislative History, VAWA 2000- Legislative History, VAWA 2005 - Legislative History, VAWA Confidentiality, VAWA Self-Petition, VAWA T-U Policies

[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).

Published April 24 2006

Topics: Amicus Briefs, Battered Spouse Waiver, Dynamics of Violence Against Immigrant Women and Children, International Marriage Broker Regulation Act, Migration, Acculturation, Integration Immigrant Women, Research Data, Stories, T Visa & Human Trafficking, Trafficking Victims Protection Act, VAWA 1994 - Legislative History, VAWA 2000- Legislative History, VAWA Self-Petition, VAWA T-U Policies

[pdf] Equal Employment Opportunity Commission v. Koch Foods 5th Circuit (October 22 2015) (+)

Equal Employment Opportunity Commission v. Koch Foods. NIWAP Inc. collaborated with Latino Justice, the law firms of Arnold and Porter and Procopio, and Legal Momentum to submit an amicus brief to the 5th Circuit Court of Appeals in an interlocutory appeal of a Federal District Court decision to allow an employer who employed supervisors who perpetrated rape, sexual assault, felonious assault, extortion, sexual harassment and other discrimination against workers to use civil court discovery in an EEOC enforcement action to obtain copies of the victim’s VAWA confidentiality protected U visa case files. The brief provided legislative history of the VAWA confidentiality provisions and the U visa and discussed the public policy effects on victims of domestic violence, sexual assault, human trafficking and other crimes if discovery of VAWA confidentiality protected information is allowed in civil cases. (October 22, 2015)

Published September 20, 2023

Topics: Amicus Briefs, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Immigration, Trafficking Victims Protection Act, U Visa and Immigrant Crime Victims, VAWA 1994 - Legislative History, VAWA 2000- Legislative History, VAWA 2005 - Legislative History, VAWA 2013 Legislative History, VAWA Confidentiality, VAWA Confidentiality, VAWA Confidentiality Legislative History, VAWA Confidentiality Materials & Best Practices, VAWA Self-Petition, VAWA T-U Policies

[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.

Published August 17, 2023 by * NIWAP

Topics: Dynamics of Violence Against Immigrant Women and Children, T Visa & Human Trafficking, Trafficking Victims Protection Act

[pdf] USCIS is creating HART Virtual Service Center for Humanitarian Immigration Relief (March 39, 2023) (+)

This newsletter informs the field attorneys, judges, victim advocates , police, and prosecutors about the opening of the USCIS HART Service Center that will specialize in adjudicating cases involving immigrant victims of domestic violence, sexual assault, stalking, human trafficking, child abuse and other crimes and will help victims gain access to work authorization more swiftly and greater protections against deportation. This newsletter also discusses new U visa certification policies at the U.S. Department of Labor that will help immigrant victims of labor trafficking.

Published March 30, 2023 by * NIWAP

Topics: Trafficking Victims Protection Act, U Visa and Immigrant Crime Victims

[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.

Published May 11, 2016 by Administration for Children and Families

Topics: T Visa & Human Trafficking, Trafficking Victims Protection Act

[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.

Published September 21, 2022 by Citizenship and Immigration Services

Topics: Lawful Permanent Residency and Naturalization, T Visa & Human Trafficking, Trafficking Victims Protection Act, U Visa and Immigrant Crime 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.