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[pdf] Privacy Protections for Immigrant Victims of Domestic Violence, Sexual Assault, Human Trafficking, Child Abuse and Other Immigrants Applying for Public Benefits (October 14, 2020) (+)

The fact sheet provides an overview which government officials state or federal have obligations to inquire into or report immigrants whom they believe may not be in the U.S. lawfully to the Department of Homeland Security. This document discussed the very limited circumstances (in the context of certain public benefits applications) in which government officials are required by federal law to report an individual’s believed citizenship or immigration status to DHS.

Published October 14, 2020 by

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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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*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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*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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*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: SJI (Last Updated – March 2018)

Also see our full library of SJI supported materials for courts at www.niwap.org/go/sji Immigration Relief for Crime Victims and Children 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 […]

Published March 7, 2018

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November 3, 2017: Rockford, IL “What do State Courts Need to Know about Immigration and Why: Human Trafficking and Family Violence”

Training Materials PowerPoint Presentations for Training Technical Assistance Flyer Immigration Relief for Crime Victims and Children 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 […]

Published October 31, 2017

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*Spouses Battered or Subjected to Extreme Cruelty by A, E (3), H or G Visa Holders Are Eligible to Apply for Work Authorization (February 14, 2017)

February 14, 2017  Announcement from NIWAP and Raksha USCIS is now accepting  employment authorization applications from abused immigrant spouses of H, G, A and E (3) visa holders. The Violence Against Women Act of 2005 amended Section 106 of the Immigration and Nationality Act to provide access to legal work authorization for abused spouses of […]

Published February 14, 2017

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[pdf] USCIS Memo: Eligibility for Employment Authorization for Battered Spouses of Certain Nonimmigrants (March 8, 2016) (+)

United States Citizenship and Immigration Service USCIS revisions to adjudicators manual and policy memo implementing VAWA 2005’s creation of access to work authorization for immigrant spouses and children subjected to battery or extreme cruelty by their work visa holder (A, E(3), G or H) spouse or parent. It is important to note that these victims also receive VAWA confidentiality protection.

Published March 8, 2016 by

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[pdf] BIA Amicus Brief on Recent Research Concerning the Neurobiological, Cognitive, and Psychological Development of Children and Adolescents (July 11, 2016) (+)

This Amicus brief was submitted to the Board of Immigration Appeals and addresses an important issue presented by Amicus Invitation No. I 6-06-09, focusing on how the term “minor” should be defined and understood by the Board in child asylum cases in light of the substantial body of recent research concerning the neurobiological, cognitive, and psychological development of children and adolescents. This brief will focus on the significant and deleterious effect trauma and
maltreatment have on that development, including the impact of impaired development on the readiness of child migrants to file asylum applications.

Published July 11, 2016 by ,

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[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.

Published November 30, 2015 by

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*SJI-Training Manual for Courts Table of Contents

For More Up To Date Material go to our SJI and National Judicial Network Training Materials Page This folder contains bench cards, charts, and other tools to assist courts and judges in cases involving immigrant parties, victims and witnesses. Training manual for judges, magistrates, commissioners, and court personnel on the legal rights of immigrant victims […]

Published November 19, 2015

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[pdf] Addressing Immigration in the State Courts (+)

This article presents the initial findings from an ongoing State Justice Institute sponsored effort now being conducted by the Center for Public Policy Studies in cooperation with three learning site trial courts to identify the challenges and opportunities state courts need to address when dealing with immigration in the courts, and subsequently develop effective responses that can be used in trials courts and state court systems across the nation.

Published November 11, 2015 by

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[pdf] Training Available for Judges and Court Staff -SJI Funded Curriculum- Immigrants in State Courts (+)

Overview of judicial training offered to judges and court staff on issues that arise in state court cases involving immigrant crime victims, children and litigants. Biographies of faculty for state court judicial trainings offered by NIWAP developed with funding from the State Justice Institute (SJI). The costs of a typical plenary, workshop, 1/2 day or full day training is $2600 (4 days at $650) + travel for 1 NIWAP staff member and 1 judicial faculty member.

Published February 15, 2017 by

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[pdf] *State Courts and the Protection of Immigrant Crime Victims and Children (+)

Proposal for Judicial Training available from NIWAP for in-person training of state court judges, magistrates, commissioners and court staff. Formats available: full day, half day, workshop and/or plenary presentation. As the numbers of linguistic and cultural diverse foreign-born individuals living in the U.S. has increased, state courts are being called upon to serve greater numbers of families that include immigrant family members. Family courts are seeing growing numbers of immigrants seeking civil protection orders, custody, child support, divorce, U visa certification, and judgments in a range of proceedings particularly those involving children. To issue rulings that promote justice and fairness in cases involving immigrants, courts need access to legally correct information about immigration laws and Department of Homeland Security policies. This training will provide judges, court staff, attorneys and service providers with tools, bench cards, and materials containing up-to-date, legally correct information on current DHS policies, immigration enforcement priorities, and immigration relief that provide protection from deportation, legal immigration status and work authorization for immigrant children and immigrant for victims of domestic violence, child abuse, elder abuse, sexual assault, human trafficking and other crimes. The special role Congress created for judges in issuing U visa certifications and public benefits open to immigrants will also be discussed. Materials related to this training can be found at: niwap.org/go/sji

Published November 7, 2015 by

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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.

Published November 7, 2015

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[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.

Published September 12, 2015 by

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[pdf] U Visa Helpfulness Case Scenarios (+)

These scenarios serve as a training tool for police, prosecutors, judges, and other officials to assist in identifying and addressing issues that arise in accessing helpfulness for U visa certification purposes.

Published September 9, 2015 by

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[pdf] State Court Findings for Abused Youth Seeking Special Immigrant Juvenile Status (+)

Special Immigrant Juvenile Status (SIJS) allows certain youth immigrant survivors of abuse, abandonment, and/or neglect by a parent to obtain legal immigration status in the United States. This webinar will review elements required for a successful SIJS application focused particularly on special findings in state court orders. Faculty will provide information and resources on screening for SIJS eligibility, types of qualifying abuse, which SIJS cases OVW and LSC funded organizations may represent, jurisdictional concerns of judges, and clarification on the requirement that only one parent abused the petitioning youth.

Published July 13, 2015 by

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[pdf] Comparison Chart of Violence Against Women Act (VAWA) Self-Petitioning, U visa, and Special Immigrant Juvenile Status (SIJS) (2015) (+)

This chart compares forms of crime victim based immigration relief for immigrant children. It covers VAWA self-petitioning for child abuse victims, the U visa for child victims of child abuse, sexual assault and other forms of criminal activity and special immigrant juvenile status available for children who have been abused, abandoned or neglected by one or both of their parents. The chart compares eligibility for immigration relief, the immigration relief process, timing of access to lawful permanent residency and access to public benefits and services among these three forms of immigration relief.

Published July 10, 2015 by ,

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[pdf] Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (National) (+)

This judicial training update published by Judge Alan F. Pendleton, Anoka County District Court, provides guidance on U visa certification by state court judges based on the ABA rules of judicial ethics and U.S. Department of Homeland Security (DHS) policies, regulations, training materials and statutes and consultation with DHS U visa experts. This training update for judges discusses the U visa program, dispels common myths about U visa certification by judges, answers questions judges and court staff have about U visa certification, and discusses judicial ethics ABA rules and a 2015 Minnesota Advisory Opinion discussing how, when and why judges can sign U visa certifications consistent with judicial ethics rules and canons.

Published July 8, 2015 by

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[pdf] Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (Minnesota) (+)

This judicial training update published by Judge Alan F. Pendleton, Anoka County District Court, provides guidance on U visa certification by state court judges based on the ABA rules of judicial ethics and U.S. Department of Homeland Security (DHS) policies, regulations, training materials and statutes and consultation with DHS U visa experts. This training update for judges discusses the U visa program, dispels common myths about U visa certification by judges, answers questions judges and court staff have about U visa certification, and discusses how, when and why the Minnesota Code of Judicial Conduct permits signing of U visa certifications and the June 26, 2015 Minnesota Board of Judicial Standards Advisory Opinion 2015-2 on this issue.

Published July 8, 2015 by

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[pdf] U Visa Certification by Judges: Minnesota Board of Judicial Standards Opinion 2015 (+)

This opinion by the Minnesota Board of Judicial Standards discusses how judges can sign U visa certifications consistent with the codes of judicial ethics. There are two Judicial Training and Education Updates one national https://niwaplibrary.wcl.american.edu/pubs/national-uvisa-judicial-training-update/ and one for Minnesota https://niwaplibrary.wcl.american.edu/pubs/minnesota-uvisa-judicial-training-update/ that discusses the this opinion and its implications on U visa certification by judges. The November 30, 2015 U and T Visa Law Enforcement Resource Guidefor Federal, State, Local, Tribal and Territorial Law Enforcement, Prosecutors, Judges, and Other Government Agencies written by the Department of Homeland Security provides further information for judges on U visa certification. https://niwaplibrary.wcl.american.edu/pubs/dhs-updated-u-certification-resource-guide-2015/

Published June 26, 2015 by

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[pdf] INS Detention Standard: Non-Medical Emergency Escorted Trips (+)

INS Detention standard operating procedure regarding non-medical emergency escorted trips. The Immigration and Naturalization Service (INS) provides detainees with approved staff escorted trips into the community for the purpose of visiting critically ill members of the detainee’s immediate family, or for attending their funerals.

Published September 20, 2000 by

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[pdf] Chapter 1.4: Laws Governing Law Enforcement Agency Provision of Language Assistance to Limited English Proficient Persons (+)

Outline with links of laws governing law enforcement agency provision of language assistance to limited English proficient (LEP) individuals.

Published May 16, 2017 by , ,

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[pdf] Immigration Relief for Victims of Human Trafficking and Other Crimes (Continued Presence, T and U Visas) (+)

Information for law enforcement officials on immigration relief for victims of human trafficking and other crimes. This document contains information about the forms of immigration relief and the distinct roles that HSI, USCIS, and law enforcement officials play in assisting victims.

Published January 1, 2015 by

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[pdf] Opportunities to Make SIJS Findings in State Court Cases (+)

This presentation provides information to be able to identify cases before the court that involved children who qualify for Special Immigrant Juvenile Status, recognize the broad range of court proceedings in which state court rulings required under immigration law for a child to be SIJS eligible can be made, and know where to access training tools and technical assistance on cases involving immigrant crime victims and children.

Published December 5, 2014 by

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[pdf] Training Proposal- State courts and the Protection of Immigrant Crime Victims and Children (November 20153) (+)

Learning objectives for this presentation are: understand the intersections between state court proceedings and immigration law, know how accurate immigration law information affects just and fair outcomes in state courts, recognize facts that indicate a party qualifies for legal immigration status and protection from/low priority for removal, be able to sign U visa certifications, and make findings in state court cases.

Published November 2015 by ,

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[pdf] State Courts and the Protection of Immigrant Crime Victims and Children (2014) (+)

The learning objectives for this presentation are: understand the intersections between state court proceedings and immigration law, recognize facts that indicate a party qualifies for legal immigration status, know how accurate immigration law information affects just and fair outcomes in state courts, learn about findings in state court cases that are helpful to an immigrant crime victim’s immigration case, and obtain U visa certifications from law enforcement or judges.

Published July 29, 2014 by , ,

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[pdf] Eligibility Under the Affordable Care Act for Survivors of Domestic Violence, Trafficking, and Other Serious Crimes (+)

Eligibility Under the Affordable Care Act for Survivors of Domestic Violence, Trafficking, and Other Serious Crimes. As immigrant crime victims apply for legal immigration status under forms of immigration relief designed for immigrant crime victims, their access to health care and other public benefits grows. Which benefits a victim will qualify for will depend on the type of immigration status the victim is pursuing or has been granted. This document provides an overview of which immigrant victims become eligible for which benefits when in the process after filing for legal immigration status. Once an immigrant is considered to meet the federal law definition of lawfully present, they are eligible to purchase health care insurance via the exchange and become subject as well to the tax consequences of the individual mandate.

Published July 28, 2014 by

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[pdf] Special Immigrant Juvenile Status: Information for Child Welfare Workers (+)

Information for child welfare workers in regards to the Special Immigrant Juvenile Status (SIJS).

Published July 1, 2014 by

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[pdf] Immigrant Victims in the Justice System (+)

Flow chart illustrating the importance of providing support for immigrant victims seeking help from the justice system and the many different types of justice system cases immigrant victims encounter as they turn to the justice system for help. The systems immigrant and LEP victims need support navigating include: immigration, domestic violence/ arrest incident, family court, benefits, and protection orders (civil court process).

Published June 30, 2014 by

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[pdf] How to Get a Detained Person to Court for Family Court Cases Involving Children and/or Criminal Proceedings (+)

This handout will provide best practices for judges, attorneys, and advocates on how to secure the attendance, in court proceedings, of immigrants who are being detained by the U.S. Department of Homeland Security (DHS) so that immigrants can participate in family court proceedings involving their children and in criminal court proceedings.

Published June 23, 2014 by

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[pdf] Protection Orders and Battered Immigrants: The Impact of Attorneys and Advocates (+)

This document outlines the purpose of and need for protection orders in cases of domestic violence and sexual assault, the barriers that victims face in obtaining protection orders, and the intersection of protection orders and immigration concerns. The document will be particularly useful for attorneys, advocates, and judges attempting to understand the impacts of protection orders on a victim’s immigration case.

Published June 20, 2014 by

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[pdf] Creative Methods in Protecting Battered Immigrants (+)

Battered immigrants often require additional protection to address specific needs sensitive to the particular dynamics of power and coercive control in the abusive relationship where the abuser is the only pathway to lawful immigration status. This chart offers creative filings that a victim may consider based on the specific behavior she wants to deter. This document will be particularly helpful to advocates and attorneys representing battered immigrants, and to judges looking to familiarize themselves with possible remedies in such cases.

Published June 20, 2014 by

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[pdf] U-Visa Victim Benefits Under the Affordable Care Act (ACA) (+)

The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Similar to other public benefits, there is no one-size-fits-all rule as to when immigrant victims qualify for subsidies and for what health care benefits may be covered by subsidies. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. Lawfully present U-Visa victims are subject to the individual mandate, unless they meet the low-income exception, and are eligible to purchase insurance on the exchanges. In the vast majority of states, lawfully present U-Visa victims do not receive health care subsidies and when subsidies are offered they are generally only for prenatal and child health care.

Published June 18, 2014 by ,

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[pdf] VAWA Self-Petitioner Victim Benefits Under the Affordable Care Act (ACA) (+)

The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. The ACA created two categories of immigrants: those are who are “lawfully present” and those who are not. VAWA self-petitioners are included in the category of “lawfully present” and are therefore subject to the individual mandate and eligible to purchase insurance on the exchanges if they do not qualify for an income exemption.

Published June 18, 2014 by ,

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[pdf] Trafficking Victim Benefits Under the Affordable Care Act (ACA) (June 18, 2014) (+)

The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Trafficking victims who are granted continued presence and trafficking victims who file for and receive T-visas have greater access to a full range of subsidized health care benefits than any other group of immigrant crime victims. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits.

Published June 18, 2014 by ,

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[pdf] Court Rulings Confirm Federal VAWA Confidentiality Protections Bar Discovery of VAWA Confidentiality Protected Information in State Family Court Proceedings (+)

This factsheet provides an introduction to VAWA confidentiality, an overview of the decisions in Hawke v. United States Department of Homeland Security and Demaj v. Sakaj, and implications of the Hawke and Demaj decisions in state family court cases.

Published June 17, 2014 by

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[pdf] Common Immigration Issues that Arise in Custody Cases Involving Immigrant Crime Victims and Their Children (+)

This helpful reference covers topics, such as the role of immigration status in custody cases, immigration relief for immigrant crime victims, and common immigration status misconceptions that arise in custody cases.

Published March 4, 2014 by

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[pdf] Justice for All: How Attorneys Can Successfully Win Custody Cases for Immigrant Survivors When There Is a Clash of Laws, Cultures, Custody, and Parental Rights (+)

This chapter is designed to help lawyers develop case plans that position immigrant clients to best take advantage of the immigration and family law protections available to help battered immigrants. This chapter also highlights key issues that arise for lawyers representing battered immigrants in custody cases. Tools and resources are provided to help screen clients for immigration relief eligibility and to locate immigration lawyers in your state who have expertise working with immigrant survivors.

Published 2014 by

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[pdf] Effects of Arizona v. U.S. on the Validity of State Immigrant Laws (+)

Summary of the effects of Supreme Court decision on Arizona state law cutting access to programs, benefits, and services to non-citizens, which were challenge don the grounds that the state could not enact laws that regulated an area that has traditionally been regulated by the Federal Government.

Published November 1, 2013 by

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[pdf] State Courts and the Protection of Immigrant Crime Victims and Children (October 2013) (+)

This presentation will help you understand the intersections between state court proceedings and immigration law, know how accurate immigration law information affects just and fair outcomes in state courts, recognize facts that indicate a party qualifies for legal immigration status and protection from/low priority for removal, be able to sign U visa certifications, and make findings in state court cases needed for or helpful to an immigrant crime victim’s immigration case.

Published October 18, 2013 by

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[pdf] Good Moral Character: Assessment Tool (October 15, 2013) (+)

This article is a Good Moral Character assessment tool. Federal immigration law provides that an immigrant must be of good moral character to be eligible for several forms of immigration relief including: VAWA self-petitioning, VAWA cancellation of removal, naturalization and cancellation of removal. This tool lists factors that if present in a case impede the immigrant’s ability to demonstrate good moral character.

Published October 15, 2013 by ,

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[pdf] Bench Card for State Court Judges on Common Issues that Arise From Parties’ Immigration Status: Economic Remedies (March 10, 2022) (+)

This bench card provides information for state court judges on issues unique to immigrants, such as: eligibility to work, eligibility to receive benefits and services, the impact of Individual Tax Identification Numbers (ITINs) and use of immigration affidavits of support in family and juvenile court proceedings and mandatory detention. The purpose of this bench card is to provide a quick reference and to help judges identify immigration issues that might affect the range of outcomes available in cases before them. The information contained in this bench card provides accurate information on work authorization, benefits access, assurances made to the Department of Homeland Security (DHS) regarding support of family members, and information about immigrants who will be paying taxes and be able to submit tax returns to the court.

Published October 15, 2013 by

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[pdf] Immigrant Crime Victims Legal Bibliography (+)

Bibliography of legal journal articles and legal publications related to the legal rights of immigrant victims of domestic violence, sexual assault and human trafficking through 2013.

Published October 14, 2013 by

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[pdf] Arizona State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)

The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.

Published September 23, 2013 by

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[pdf] Alabama State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)

The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.

Published September 23, 2013 by

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[pdf] South Carolina State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)

The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.

Published September 23. 2013 by

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[pdf] Indiana State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)

The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.

Published September 23. 2013 by

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[pdf] Georgia State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)

This chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.

Published September 23, 2013 by

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[pdf] Utah State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)

The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.

Published September 23, 2013 by

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[pdf] Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities (August 23, 2013)(Superseded by ICE Detained Parents Directive 2017) (+)

ICE Directive complementing and building upon policy memoranda and enforcement priorities to clarify ICE policy and procedure with regard to the placement, monitoring, accommodation, and removal of immigrant parents of children living in the United States, parents and legal guardians involved in family court proceedings involving children, and parents or legal guardians who have minor US citizen children. Superseded by ICE Detained Parent Directive (2017)

Published August 23, 2013 by

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[pdf] Chapter 03.1: Introduction to Immigration Relief for Immigrant Victims of Domestic Violence and Sexual Assault and Glossary of Terms (+)

An overview of immigration options for immigrant victims of sexual assault and domestic violence, options related primarily to crime victimization, information on VAWA immigration relief, and a glossary of terms.

To understand immigration law, it is crucial for an attorney or advocate to understand the most commonly used terminology. The following brief descriptions of terms are relevant to assisting battered immigrants.

Published July 10, 2013 by

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[pdf] Bench Card: VAWA Immigration and Public Benefits Eligibility Process: VAWA Self-petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation, and Battered Spouse Waiver Applicants (December 31, 2021) (+)

This Bench Card contains information on the VAWA public benefits eligibility process, including the following: immigration status qualification requirements, VAWA cancellation of removal and suspension of deportation, battered spouse waiver, and how to become a “qualified immigrant” who is eligible to receive federal and state public benefits.

Published December 31,2021 by ,

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[pdf] Bench Card Trafficking Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)

This Benchcard discusses the qualifications for Continued Presence status, how to apply for and obtain Office of Refugee and Resettlement benefits eligibility based on Continued Presence, qualifications for T-Visa status, how to apply for a T-Visa, and how to receive benefits after receiving Continued Presence status or a T-Visa. It also outlines the federal and state public benefits and other government-funded programs available to trafficking victims as well as the eligibility period.

Published December 31, 2021 by ,

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[pdf] Federal Preemption of State Laws That Attempt to Restrict Immigrant Access to Services Necessary to Protect Life and Safety (2013) (+)

Although the power to regulate immigration and enact immigration laws rests exclusively with the federal government, some state laws and local ordinances have been enacted to involve state and local officials in immigration enforcement and to cut off access to programs, benefits, and services to non-citizens including undocumented immigrants. This article discusses federal preemption of state laws that attempt to restrict immigrant access to services that have been deemed by the Attorney General of the United States to be necessary for the protection of life and safety.

Published February 15, 2013 by ,

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[pdf] Flowchart of Access to Federal and State Public Benefits for Victims of Human Trafficking (+)

This is a flowchart regarding access to federal and state public benefits for victims of human trafficking, including services necessary to protect life and safety.

Published January 1, 2013 by ,

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[pdf] Flowchart on Access to Federal and State Public Benefits for Battered Immigrant Spouses and Children of U.S. Citizens or Lawful Permanent Residents (+)

This is a flowchart pertaining to abused family members’ access to federal and state public benefits, including services necessary to protect life and safety.

Published January 1, 2013 by ,

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[pdf] Flowchart on Access to Federal and State Public Benefits For U-Visa Victims (+)

This is a flowchart on U-Visa victims’ access to federal and state public benefits, including services necessary to protect life and safety.

Published January 1, 2013 by ,

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[pdf] The Importance of the U-visa as a Crime-Fighting Tool for Law Enforcement Officials (December 3, 2012) (+)

The U-visa has become an important crime fighting tool that helps law enforcement officials, including police, sheriffs, and prosecutors across the country to build trust with immigrant crime victims and their communities. In this report, law enforcement officials describe the ways in which the U-visa has helped them in detecting, investigating, and prosecuting crime in their communities. (December 13, 2012).

Published December 3, 2012 by

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[pdf] U Visa Law Enforcement Certification Resource Guide (+)

Department of Homeland Security resource guide clarifies and explains the role of certifying agencies in the U visa application process. This guide was published by DHS to provide accurate information on signing I-918B 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 proprietorial authority. The guide provides information about what a U visa is, how law enforcement and government agencies have a special role in certification, tips on filling out the form, and contains answers to frequently asked questions.

Published January 11, 2012 by

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[pdf] Family and Criminal Court Scenarios in Which Courts Will Encounter Immigrants Who Are Eligible for Immigration Protections (+)

Information and examples explaining how and in what proceedings courts may encounter immigrants who are eligible for Violence Against Women Act (VAWA and U Visa), Trafficking Victims Protection Act (TVPA), Special Immigrant Juvenile (SJIS) and Deferred Action for Childhood Arrival (DACA) immigration protections.

Published 2012 by

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[pdf] Q and A: Immigration Relief for Victims of Human Trafficking and Other Crimes (+)

This Q and A was developed by the U.S. Citizenship and Immigration Services and the DHS Blue Campaign to assist law enforcement officials (e.g. police, prosecutors, child or adult protective services) in U-visa certification and T visa endorsement. Information includes frequently asked questions on immigration relief for victims for human trafficking and other crimes. The Department of Homeland Security (DHS) is responsible for administering immigration benefits to victims of human trafficking and other serious crimes, in addition to upholding U.S. immigration law. U.S. Citizenship and Immigration Services (USCIS) adjudicates T and U visas, which help protect immigrant victims of human trafficking and other crimes.

Published October 22, 2011 by

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[pdf] Somewhere to Turn (+)

A comprehensive manual covering topics such as: domestic violence and battered immigrant issues, cultural competency training, cross-cultural interviewing, recruiting and hiring multilingual and multicultural staff, shelter protocols, outreach and community collaboration, shelter access for battered immigrant women, VAWA immigration cases and victim advocacy confidentiality, creative use of protection orders, protections orders enforcement and criminal prosecution, access to public benefits, verification and reporting requirements under the U.S. Attorney General’s guidance and order, and model programs.

Published July 2011 by

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[pdf] Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs (+)

U.S. Immigration and Customs Enforcement 2011 Memorandum setting forth the policies that direct the use of prosecutorial discretion in cases involving victims of and witnesses to crimes, including crimes of domestic violence, sexual assault, human trafficking, and other crimes. It includes protections from removal for individuals involved in efforts related to the protection of their civil rights. This document establishes DHS priorities for victim protection and summarizes and contains links to Immigration and Customs Enforcement policies of importance to immigrant crime victim cases.

Published June 17, 2011 by ,

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[pdf] Escorting Detained Parents and Other Immigrants to Court (2010) (+)

This letter used together with the ICE Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies (also included in this library) describes the system for securing attendance at court hearings for immigrants in ICE immigration detention. For parents in immigration detention this letter and the Non-Medical Emergency escort policy has been replaced by the 2013 Parental Interest Directive (also included in this library). This letter and the Non-Medical Emergency escort policy will have continued availability for use by courts and attorneys seeking to have detained immigrants appear in court for proceeding that do not involve children.

Published October 6, 2010 by ,

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