Police Captain Maria Alvarenga-Watkins, D.C. Metropolitan Police Department (Retired) Statement in Support of U Visas, T Visas, and VAWA Self-Petitions.
Topic: Law Enforcement
Materials regarding criminal justice.
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[pdf] Officer Michael P. LaRiviere: Statement in Support of U Visas, T Visas, and VAWA Self-Petitions (+)
Officer Michael P. LaRiviere: Statement in Support of U Visas, T Visas, and VAWA Self-Petitions.
[pdf] Chief Pete Helein (Retired): Statement in Support of U Visas, T Visas, and VAWA Self-Petitions (+)
Chief Pete Helein (Retired): Statement in Support of U Visas, T Visas, and VAWA Self-Petitions.
[pdf] Sergeant Inspector Antonio Flores: Statement in Support of U-Visas, T-Visas, and VAWA Self-Petitions (+)
Sergeant Inspector Antonio Flores, San Francisco Police Department, Statement in Support of U-Visas, T-Visas, and VAWA Self-Petitions
[pdf] Summary of Select State Legislation with Provisions Relating to Immigration (+)
Summary of Arizona, Georgia, South Carolina, Utah, Indiana, and Alabama’s immigration legislation.
[pdf] Guidance on Providing Language Assistance to Other Law Enforcement Organizations (+)
2012 Memorandum from U.S. Customs and Border Protection addressing CBP protocol if a Federal, state, or local law enforcement organization (other than DHS) requests assistance from CBS on a need for language translation.
[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] 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.
[pdf] Blue Card: Screening Tool for Victims Who Qualify for Immigration Protective Relief (March 2, 2018) (+)
Questions for eligibility for protective relief under VAWA, Battered Spouse Waiver, T Visa, and U Visas, as well as information on language access.
[pdf] Chapter 01.2: Collaboration, Confidentiality, and Expanding Advocacy (+)
This chapter (1.2) discusses best practice for collaborations between victim advocates and attorneys and justice system personnel, particularly law enforcement. These collaborations are best practices for effectively serving immigrant survivors of domestic and sexual violence.
[pdf] Promoting Accurate and Effective Communication with Limited English Proficient Persons: Law Enforcement and Community Safety Benefits (+)
Instructor guide for having effective communication with limited English proficient (LEP) individuals. Training for law enforcement crime scene investigators and first responders.
[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] 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).
[pdf] Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status (July 23, 2015) (+)
This brochure contains a list of programs for the protection of life, safety and public health, as well as legal services, which are available to immigrants regardless of their immigration status.
[pdf] U-Visa Legal Advocacy: Overview of Effective Policies and Practices (December 12, 2013) (+)
This policy brief provides an overview of successful collaborations that lead to improved access to U visa certification for immigrant crime victims. A review of the experiences reported by grantee organizations of the Legal Assistance for Victims (LAV) Program, administered by the Office on Violence Against Women (OVW) found that successful collaborations with law enforcement agencies that grantees built over time, working on a range of domestic violence and sexual assault issue, led to more positive outcomes for immigrant survivors seeking U visa collaborations. This policy brief contains illustrations and recommendations for best practices for building sustainable collaborations that benefit law enforcement, immigrant victims, advocates, attorneys and the communities.
[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.
[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] 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.
[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.
[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.
[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.
[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.
[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.
[pdf] Table on State Immigration Laws Summarizing Status of Court Rulings on Validity (+)
A chart on state immigration laws summarizing status of court rulings on validity from Supreme Court, the 11th Circuit, the South Carolina District Court, and District Court of Utah.
[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] Interpreting Exercise (+)
Interactive training exercise for language interpretation.
[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] Immigrant and Limited English Proficient Victims’ Access to the Criminal Justice System: The Importance of Collaboration (April 30, 2013) (+)
Fact Sheet highlighting findings from a national survey NIWAP conducted documenting immigrant crime victims’ experiences when they called the police for help in domestic violence, sexual assault and human trafficking cases. The findings provide data on the use of qualified interpreters at crime scenes by police and law enforcement barriers to U visa certification. In communities where established collaborative relationships between law enforcement and victim advocates and attorneys existed, law enforcement was significantly more likely to sign U visa certifications and more likely to provide language assess for limited English proficient crime victims at crime scenes.
[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] How Law Enforcement Is Using the U-Visa: Practice Brief (+)
Law enforcement agencies increasingly recognize the value of the U-visa (officially known as “U” nonimmigrant status) as a community-policing and crime-fighting tool. This type of visa provides temporary legal status to immigrant crime victims in the United States who are helpful to law enforcement. Since 2009, Vera’s Center on Immigration and Justice and the nonprofit organization Legal Momentum have worked together as the National Immigrant Victims’ Access to Justice Partnership and have trained personnel from dozens of law enforcement agencies on how to use the U-visa. This brief describes current practice, including common obstacles for law enforcement and benefits of using the tool, to encourage more effective use of the U-visa.
[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.
[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] Model U-Visa Certification Protocol for Law Enforcement Agencies (+)
Sample U Visa Certification Policy for law enforcement agencies developed with funding from BJA and OVW.
[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] Sample: Media Advisory for Law Enforcement Training (+)
Provides a press release template law enforcement agencies can use for outreach on the U visa in the agencies jurisdiction.
[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] Sexual Assault Response Team: SART Handbook (+)
The Sexual Assault Response Team (SART) handbook was developed by the Oregon Attorney General’s Sexual Assault Task Force and was updated by the Oklahoma Office of the Attorney General. This is a national curriculum that provides basic and intermediate information on sexual assault dynamics, law enforcement response, preliminary investigation, victim interviewing and evidence collection and use. It also contains a discussion of best practices for collaboration and a coordinated community response to sexual assault.
[pdf] Metropolitan Police Department (Washington, DC) Teletype on U-visas (+)
Washington, D.C. U Visa certification policy.
[pdf] Austin Police Department Procedure B301b – U Nonimmigrant Status Certifications (+)
U Visa certification policy implemented by the Austin Police Department, Austin, Texas May 30, 2008.
[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] Battered Immigrant Women’s Willingness to Call for Help and Police Response (+)
This article examines the barriers that battered immigrant women face when contacting the police for assistance in stopping or escaping intimate partner violence.
[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.