Gabriel Perez Cruz v. Barr (2020) U.S. Court of Appeals 9th Circuit. NIWAP assisted the Family Violence Appellate Project in California in developing, securing social science support for and national sign ons from 16 organizations nationally for this 9th Circuit Amicus Brief in which we were represented by Haney and Boone LLP. The brief discussed the mental health impact of domestic violence and coercive control in abusive relationships and perpetrators who coerce their victims into committing crimes, and the need for courts to consider these factors when adjudicating a domestic violence victim’s withholding of removal claims and particularly whether they crime they committed was a “particularly serious crime.” (July 2 2020).
Law Enforcement > Criminal Justice
Topic: Criminal Justice
[pdf] Chapter 10: U Visas: Victims of Criminal Activity (August 8, 2023) (+)
Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.
[pdf] Relevancy of a Victim’s Immigration Status in State Criminal Court Proceedings (August 24, 2022) (+)
This publication provides prosecutors with case law and statutory analysis regarding when and under what circumstances a victim’s immigration status is considered relevant or irrelevant in a criminal case. It looks at how courts across the country handle evidence of a victim’s immigration status generally, addresses how courts treat a witness’s immigration status evidence in criminal proceedings, in particular, and offers prosecutors strategies and useful resources.
[pdf] Carzola v. Koch Order on U-visa discovery (March 20, 2018) (+)
This document is for educational use only. This case found that Allowing U visa discovery from the claimants themselves in this high-profile case will undermine the spirit, if not the letter, of those Congressionally sanctioned assurances and may sow confusion over when and how U visa information may be disclosed, deterring immigrant victims of abuse–many […]
[pdf] Glossary of Terms (November 15, 2017) (+)
This glossary includes descriptions of the most commonly used immigration terms that police officers may encounter when working with immigrant survivors of domestic violence, sexual assault, human trafficking and other U-visa listed criminal activities.
[pdf] National Survey of Service Providers on Police Response to Immigrant Crime Victims, U Visa Certification and Language Access (April 16, 2013) (+)
This report explores police responses to immigrant victims of crime from the perspectives of various service providers, including legal services, pro bono attorneys, social service organizations, domestic violence/sexual assault programs, law enforcement and prosecutors’ offices. The data presented are based on the results of a nationwide survey of organizations serving immigrant victims of domestic violence, sexual assault and human trafficking. We assess the effect that a history of ongoing collaboration between victim and legal services agencies and law enforcement has on U Visa certification practices and language access to the justice system. The paper also examines the experiences of working with Limited English Proficiency (LEP) clients and language access in the field and during legal procedures. A key focus of this paper is to identify factors that support improved access to culturally and linguistically appropriate resources and services, including the identification of systemic barriers that impede access.
[pdf] VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information (July 24, 2017) (+)
This tool for prosecutors discusses best practices for prosecutors in responding to discovery requests from criminal defendants requesting information contained in the victim’s immigration case. The case could be a U visa, a VAWA self-petition or a T visa case and the discovery obligations turn on federal statutory VAWA confidentiality requirements and what is in the prosecutors possession. Generally only in U visas is the certification discoverable and not the full U visa case file. In other cases where there has been no certification, no part of the victim’s immigration case file would be discoverable.
[pdf] VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information (+)
This tool for prosecutors discusses best practices for prosecutors in responding to discovery requests from criminal defendants requesting information contained in the victim’s immigration case. The case could be a U visa, a VAWA self-petition or a T visa case and the discovery obligations turn on federal statutory VAWA confidentiality requirements and what is in the prosecutors possession. Generally only in U visas is the certification discoverable and not the full U visa case file. In other cases where there has been no certification, no part of the victim’s immigration case file would be discoverable.
[pdf] Immigration Rights of Victims of Human Trafficking (+)
Short card on immigration rights of victims of human trafficking.
[pdf] DHS Immigration Relief for Crime Victims (+)
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] Police Executive Research Forum Article – U Visas and the Role of Local Police In Preventing and Investigating Crimes Against Immigrants (June – August 2017) (+)
Police Executive Research Forum (PERF) article highlighting importance of U-Visa in aiding and protecting immigrant communities by local police.
[pdf] Flyer Offering Training on Best Practices: Immigrant Crime Victims, Language Access and the U-Visa (June 14, 2019) (+)
Flyer advertising the availability of training on language access, and U and T visa certification by law enforcement and prosecutors and working with immigrant and LEP victims. The reverse side of the flyer contains information about the technical assistance available to law enforcement, prosecutors, advocates, attorneys and other professionals working with immigrant crime victims.
[pdf] U Visa Case Scenarios Faculty Sheet (+)
[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.
*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] Chapter 3.1: What’s Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims (+)
[pdf] Chapter 3.2: Certifying Early: When Should You Sign a U or T Visa Certification for a Victim? (+)
[pdf] Attorney General Guidelines for Victim Witness Assistance (2005) (+)
[pdf] Utilizing VAWA Confidentiality Protections in Family and Criminal Court Cases (February 17, 2017) (+)
Chapter of a publication on issues that arise in family court cases involving immigrant crime victims pending publication. This chapter discusses VAWA confidentiality protections and their impact in state court proceedings. While the emphasis of the article is on family court cases, the discussion is also useful in criminal court cases. This article discusses the Hawke, Demaj and Koch cases on VAWA confidentiality.
[pdf] Operation U Visa PowerPoint (PDF) (+)
Operation U Visa PowerPoint (PDF)
[pdf] Road Map to Safer Communities PowerPoint (PDF) (+)
Road Map to Safer Communities PowerPoint (PDF)
[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, […]
*Breaking Barriers Table of Contents
Breaking Barriers 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 domestic and family violence. This Manual provides a detailed overview explanation of immigrant survivors’ legal rights under immigration, family, public benefits, and criminal laws and their rights to […]
[pdf] Building Trusting Relationships: A Guide for Advocates/Attorneys Working With Law Enforcement On U-Visa Certification Issues (+)
A flowchart of options for advocates and attorneys that seek to collaborate with LE on U-Visa certification cases. This flowchart describes how to build a trusting relationship as an advocate or attorney working with law enforcement on u-visa certification issues.
[pdf] Questions to Use for Crime Scene Identification of Limited English Proficient (LEP) (May 16, 2017) (+)
These are sample introductory questions that an officer can ask when meeting a person that is potentially LEP. They are based on scenarios that an officer will likely encounter during his or her patrol. The goal is to ask questions that are not related to information the officer may need to for a criminal case, that can build rapport with victims and witnesses and avoid yes/no questions helping officers assess the need for a qualified interpreter to help LEP persons communicate with law enforcement and promote accuracy of police reports and criminal investigations.
[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.
[pdf] Chapter 19: The Criminal Justice System and Immigrant Victims (+)
This chapter is designed to help advocates and attorneys assist immigrant victims of sexual assault and domestic violence avoid the harmful immigration consequences of criminal convictions and/or findings that an immigrant has violated a protection order. Such convictions and findings can lead to loss of legal immigration status and potentially deportation for persons who are not citizens of the United States. For non-citizen sexual assault or domestic violence victims, criminal issues have serious immigration consequences.
The information provided is intended to serve as an introduction and provides a basic overview of how criminal matters can affect immigrant victims. It is essential to contact an expert on immigration law and the possible consequences of a criminal conviction, and who has experience working with immigrant victims before proceeding with a criminal case involving immigrants. Immigrant victims of sexual assault or domestic violence who become involved in the criminal case involving immigrants. Immigrant victims of sexual assault or domestic violence who become involved in the criminal judicial system as defendants should be advised not to enter into any plea agreement until the victim and her defense attorney have consulted an immigration attorney with expertise on criminal immigration issues and on the legal rights of immigrant survivors.
[pdf] Department of Homeland Security Policy Answers to Law Enforcement Reasons for Not Certifying (+)
This document presents a list of many questions frequently asked by government agencies considering U visa certification. For each of the often reported reasons that agencies provide for not certifying the documents lists provides correct information in response to that question based on citations to information from published DHS policies, publications, regulations, regulatory history, statutes, roll call videos and training materials.
[pdf] Chapter 07: Battered Immigrants and the Criminal Justice System (+)
This chapter is designed to help advocates and attorneys with two main issues: how to work with victims who have criminal convictions or criminal charges pending against them, and how to work with victims whose abusers have charges pending against them.
This chapter presents an overview of the immigration consequences of criminal conduct. It also presents guidelines for advocates on assisting battered immigrants within the justice system, both when they themselves have criminal histories or face charges, and when their abusers are facing criminal charges. Criminal laws are not uniform and vary in each jurisdiction, making each criminal case unique. This chapter is therefore not intended to be an exhaustive or comprehensive guide for assisting battered immigrant women involved in criminal cases. Instead, it provides advocates with basic information and tools to understand and address the immigrant victim’s situation.
[pdf] Steps for Obtaining Interpreters – Law Enforcement (August 21, 2016) (+)
This tool provides an overview of the U.S. Department of Justice recommendations regarding steps law enforcement officers should take when they encounter limited English proficient (LEP) persons and the process for obtaining qualified interpreters. What police may do in exigent circumstances is discussed as is the importance of obtaining a qualified interpreter once the scene is secure and the officer is taking information that will be included in the police report or part of the criminal investigation in the case.
[pdf] Dos and Don’ts to Help Law Enforcement Identify Victims, Witnesses, and Other Persons Who Are Limited English Proficient and Need An Interpreter (May 16, 2017) (+)
This document provides general Dos and Don’ts for law enforcement officers that assist in detecting whether a person is limited English proficient (LEP) and needs an interpreter to communicate fully and effectively with law enforcement officials. This tool will also help law enforcement officials determine whether they believe an interpreter would facilitate accurate communication and the officer wishes to have an interpreter to ensure accuracy in police reports and investigations.
Law Enforcement, Prosecutor and T and U Visa Certifier Training Materials
Most of the documents in this section and the trainings provided to law enforcement and prosecutors listed at the end of this section were supported by grants from the Office on Violence Against Women, The Bureau of Justice Assistance and/or the Training and Technical Assistance Center of the Office of Victims of Crime of the […]
[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).
[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.
[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] San Francisco Police Department 11-031: U-Visa Protocol for Assisting Immigrant Victims of Crime (+)
San Francisco U Visa Certification Policy.
[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] City of Cleveland Takes Important Steps to Ensure Citizen Safety: We All Should Follow its Lead (+)
Op-ed article on U-Visas.
[pdf] U Visa Provides Temporary Legal Status for Victims for Violent Crime (+)
News article on U-Visas published by The Brownsville Herald.
[pdf] Beyond the Criminal Justice System: Using the Law to Help Restore the Lives of Sexual Assault Victims (+)
Manual developed by the Victim Rights Law Center to provide simple, direct guidance for attorneys and advocates trying to determine what to do when a sexual assault victim asks for legal help. It is a practical guide that includes concrete lessons about how to conduct an effective intake, how to spot important legal issues, and how best to respond to sexual assault victims’ legal needs.
[pdf] Police Chiefs Guide to Immigration Issues (+)
This manual is designed for police leaders. This document provides police chiefs with an overview of the issues surrounding immigration, both legal and illegal, provides background information on the current resources available to law enforcement, and examines the concerns and obstacles that currently surround the debate over immigration enforcement by the state, tribal, and local law enforcement community.
[pdf] Practice Advisory on Representing Noncitizens Accused of Misdemeanor Assault Offenses – Both DV and Non-DV Cases – Under RCW 9A.36.041 (+)
A misdemeanor assault conviction under RCW 9A.36.041 can trigger removal (a.k.a. deportation) for a noncitizen under several different grounds of immigration law. Such a conviction can also prevent otherwise eligible noncitizens from obtaining immigration benefits such as lawful status, U.S. citizenship, asylum and relief from removal known as “cancellation of removal.” However, under current case law from the Ninth Circuit and the Board of Immigration Appeals (BIA), many of these negative immigration consequences (especially deportation) can be avoided with careful pretrial analysis, clear plea negotiations and, most importantly, carefully crafted plea statements. This advisory provides defense counsel with strategies to avoid triggering removal (deportation) for noncitizen defendants charged with fourth degree assault and violations of a no-contact order.
[pdf] Calls to Police and Police Response: A Case Study of Latina Immigrant women in the USA (+)
This paper addresses the experiences of battered immigrant Latina women when contacting police for assistance in attempting to reduce, end, or flee violence. The research consists of interviews with 230 battered immigrant Latina women experiencing violence. The analysis examined the factors contributing to the extent, frequency, and readiness of the women to call the police. The police response to and the effect of seeking help by battered immigrant Latina women on arrest of the perpetrator were also explored. The results show that the number of times and the frequency of contacting the police among battered immigrant Latina women was far less than would be expected based on their experienced with intimate partner violence. The factors which led women to call the police were mostly related to the stability of their immigration status, their children’s exposure to violence, the women’s region of origin and the frequency of domestic violence. The police response to this group of women demonstrates a lack of cultural sensitivity, and produces concerns regarding language accessibility and low rates of arrest. The paper concludes with recommendations about the need to better incorporate immigration as an additional factor in understanding intimate partner violence and help-seeking from police.
[pdf] U.S. Department of Justice: Model Police Department Directive: Limited English Proficiency Guidelines (+)
The Office of Justice Programs at the U.S. Department of Justice developed a model police on language access for police departments. The model was developed out of the settlement agreements DOJ reached when it brought enforcement actions against police departments for failure to provide language access to limited English proficient individuals. This model policy has been adopted by police departments and serves as a guide for DOJ expectations of what police departments policies on language access should be.
[pdf] A Criminal Justice Guide: Legal Remedies for Adult Victims of Sexual Assault (+)
This manual is current as of September 2005. It is intended as a guide for attorneys served under the Sexual Assault Coalition Technical Assistance Project to help them develop their own, state-specific manuals. Nothing in this manual constitutes legal advice.
The purpose of this manual is to provide an overview of a sexual assault survivor’s rights within the context of a criminal prosecution, and to describe how a survivor and her attorney can seek to ensure the enforcement of those rights. The manual is intended to create a comprehensive framework that is applicable to all jurisdictions, with the hope that it will facilitate a formal collection of laws in each jurisdiction. While it is not designed as a detailed compendium of all the applicable laws in every jurisdiction, it may serve as a template that will aid in developing a state-specific guide.
In addition to providing an overview of both general crime victim and sexual assault specific rights, this manual identifies a variety of laws and policies that may be beneficial to a survivor, but have not yet been enacted in her particular state. This will enable the victim and her attorney to formulate arguments that will best protect the victim’s rights. The manual will also briefly discuss victim compensation, which is an important tool for a victim seeking financial redress for her injuries and losses.
Next, the manual navigates the reader through a step-by-step examination of criminal court procedures and identifies the key questions and issues that a sexual assault survivor and her attorney may encounter during the course of a criminal trial. Information symbols are located throughout the text to indicate additional information or research leads on specific issues. Additionally, there are text boxes titled “Victim Counsel and Remedy” which provide additional information regarding how to obtain counsel, utilize counsel and the remedies available to victims.
[pdf] Overview of Immigration Consequences of Criminal Conduct for Immigrant Survivors of Domestic Violence (+)
The following information is designed to help attorneys and advocates working with immigrant victims of domestic violence, sexual assault and trafficking who, due to dual arrest or other factors, have been arrested or have become defendants in criminal prosecutions or have obtained criminal convictions. Immigration victims who otherwise qualify for immigration relief under the Violence Against Women Act’s (VAWA) self-petitioning, VAWA cancellation of removal, U-visa crime victim protections or T visa trafficking victim protections can be cut off from access to the protection offered by these forms of immigration relief if they are arrested, plead guilty or are otherwise convicted of a crime. For this reason it is important that advocates, attorneys and justice system personnel working with immigrant victims have a basic understanding of the immigration consequences of criminal conduct and convictions for immigrant victims of violence against women. This overview highlights some of the essential information and analysis necessary to understand how criminal convictions can harm immigrant victims.
[pdf] Understanding the Criminal Justice System (+)
A Q&A regarding the criminal justice system covering topics of participants in the criminal justice system, classifications of crimes, individuals basic rights if accused of a crime, and basic issues involved in protection orders.