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.
Topic: Judges
Materials and information for judges.
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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.
[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.
[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.
[pdf] Family Court Access Letter (+)
A memo in response to a letter from the Women’s Refugee Commission about changes to the Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies.
[pdf] U Visa Provides Temporary Legal Status for Victims for Violent Crime (+)
News article on U-Visas published by The Brownsville Herald.
[pdf] Ensuring Fairness and Justice for Noncitizen Survivors of Domestic Violence (+)
This article will provide a comprehensive overview of issues facing the courts when noncitizens are petitioners, respondents, or both in domestic violence cases, including a discussion of findings that can be made for immigrant survivors of domestic violence.
[pdf] Special Immigrant Juveniles- Memorandum #2: Clarification of Interim Field Guidance (+)
This memorandum is to provide clarification of the interim field guidance relating to the Attorney General’s consent and on the documentation required to support a special immigrant juvenile petition.
[pdf] Operating Policies and Procedures Memorandum No. 97-7: Procedures for Identifying Potential Battered Spouse/ Battered Child Cases (+)
A memorandum about the operating policies and procedures for identifying potential battered spouse/ battered child cases from the office of the Chief Immigration Judge to all deputy chief immigration judges, all assistant chief immigration judges, all immigration judges, all court administrators, all judicial law clerks, and all court staff.
[pdf] Garcia v. Audubon (+)
A civil action case between Garcia and others versus Audubon. The plaintiffs are non-documented workers who have filed suit against their former employer alleging that the Defendants improperly withheld wages.
[pdf] Obtaining U Visa Certification from Judges in Protection Order, Family, Criminal, and Other State Court Proceedings (+)
Learning objectives for this presentation are: promote advocates and attorneys seeking U visa certification from judges, understand when judges can sign U visas and how to approach judges for certification in family, civil, and criminal court cases, identify the reasons why courts may not be signing U visa certifications, anticipate and overcome challenges, and develop a plan for approaching judges for certification.
[pdf] Proposal for Judicial Training (+)
A proposal for judicial training for state courts and the protection of immigrant crime victims and children.
[pdf] Immigration Protection Screening Checklist (June 17, 2011) (+)
A checklist of interviewing questions regarding immigration history and eligibility for visas and immigration benefits.