[pdf] Rivas et al., Amicus Supreme Court of California (March 21 2022) (+)

“Guardianship of S.H.R. v. Jesus Rivas” (Supreme Court of California). NIWAP filed an amicus brief in the
Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS
predicate findings. The amicus brief developed by Manatt, Phelps and Phillips for NIWAP detailed the legislative
and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of
Appeals directly contradicts this legislative and regulatory history and the 2022 SIJS regulations issued by DHS.
The brief discussed how the courts below incorrectly applies laws of a foreign country when application of
California law is required by SIJS regulations, statutes and policies. The brief also discusses how it is
impermissible for court to fail to issue SIJS findings when there is uncontroverted credible evidence to support the
findings. The California Supreme Court in a unanimous decision with one concurrence adopted the approach
advocates by NIWAP’s amicus brief and the 2022 SIJS regulations relied up in the brief. (March 21, 2022; August
15, 2022)

*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 […]

[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.

[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] 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.

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

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

[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.

[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.

[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.