Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’s, violence against women’s and allied organizations joined the brief which demonstrated how SB 1070 interferes with federal protections for immigrant crime victims; cuts immigrant women and their children off from federally provided services necessary to protect life, health and safety, and harms children by depriving them of the care and nurturing of their mothers through detention leading to family separations. The Mexican Consulate translated this brief and is distributing it in Spanish. (Manatt, Phelps, and Phillips, Pro Bono)
Public Benefits & Economic Stability > Education & Financial Aid
Topic: Education & Financial Aid
Materials regarding education and financial aid for immigrants.
[pdf] The Federal Student Aid Handbook Student Citizenship & Eligibility Chapter (updated June 29, 2022) (+)
A student has to be a citizen or an eligible noncitizen to receive federal student aid. This chapter describes how the student’s Free Application for Federal Student Aid (FAFSA) information is matched with other agencies to determine citizenship status. It also describes immigration documents that you may have to collect to make sure that the student meets this requirement. Provides guidance for Afghan Special Immigrants and information for Ukrainian citizens and nationals paroled into the United States.
[pdf] Bench Card on Immigrant Crime Victim’s and Immigrant Children’s Access to Public Benefits and Services (December 31, 2021) (+)
This bench card provides an outline for judges of the publicly funded state and federal public benefits and services that are open to all immigrants without regard to immigration status. The bench card then describes at what points in an immigrant victim, child or other litigant’s immigration case process they gain again access to a broader range of state and federal public benefits including subsidized health care, food stamps, TANF, housing, post-secondary educational grants and loans and a wide range of other benefits. Having a list of which immigrant qualify for which benefits and services will help judges craft court orders in cases involving immigrnat children, crime victims and their families.
*Training Materials: Education (Last Updated- February 2022)
The resources below suggests various interim measures for colleges, universities, high-schools, elementary schools, and other educational institutions to utilize when assisting foreign-born students who have been victims of sexual violence, dating violence, and stalking. NIWAP Materials Interim and Supportive Measures to Help and Protect Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking and […]
[pdf] The Categories of “Dual Intent” Nonimmigrant Visas Anticipate That Immigrants Can Permanently Remain in the United States (+)
[pdf] Barred from Applying: The Private Sector’s Requirement of Social Security Numbers Has Unintended Consequences for Student Access to Much Needed Educational Scholarships (November 11, 2014) (+)
[pdf] Fact Sheet: Regulations and Policies Helpful For Work with Foreign Born Student Victims (March 31, 2018) (+)
Fact Sheet on U.S. Department of Education policies and guidance affecting foreign born students.
[pdf] Hawaii Materials Benefits-Confidentiality Training (March 15, 2017) (+)
Materials list covering the following topics: Legal Rights Overview and Brochures; Access to Public Benefits and Services for Immigrant Domestic Violence and Sexual Assault Victims; Child Care; Drivers’ Licenses; Education; Health Care; Shelter and Transitional Housing; Public and Assisted Housing; LIHEAP; Non-Work Social Security Numbers; Public Charge and Immigrant Victims; TANF; VAWA Confidentiality; Legal Services Representation of Immigrant Victims; and Immigrant Victim’s Immigration Options
[pdf] Executive Summary: National Findings on University and College Responses to Foreign-born Student Victims (October 27, 2016) (+)
This document discusses the findings of a survey conducted focusing on foreign-born students who are victims of sexual assault, dating violence, domestic violence, stalking, human trafficking, and sexual harassment. The students surveyed were: undocumented, DACA, F/M/J visa holders, VAWA/ U/ T visa holders, or lawful permanent residents.
[pdf] Full Report: National Findings on University and College Responses to Foreign-Born Student Victims (October 27, 2016) (+)
This document discusses the results of a survey conducted on foreign-born student-victims of sexual assault, dating violence, domestic violence, stalking, human trafficking, and sexual harassment. It looks at the types of individuals and organizations that these victims approach for help and suggests ways to improve reporting. The students surveyed were either: undocumented, have DACA, have F/J/M visas, have VAWA/ U/ T visas, or are lawful permanent residents.
[pdf] Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “M” Visa Holders (October 27, 2016) (+)
This document explains the requirements of the M visa and suggests interim measures that educational institutions may provide foreign born student victims of sexual assault, dating violence, stalking, and sexual harassment.
[pdf] Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “J” Visa Holders (October 27, 2016) (+)
This document discusses the requirements of the J visa and suggests possible interim measures educational institutions may use to assist foreign born student victims of sexual violence who carry the J visa.
[pdf] Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “F” Visa Holders (October 27, 2016) (+)
This document discusses the specific needs of foreign born student victims of sexual assault who carry an F visa. It explains the requirements of the visa and possible interim measures educational institutions can provide to assist these students.
[pdf] Interim and Supportive Measures to Help and Protect Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking and Sexual Harassment (April 2, 2018) (+)
This document suggests various interim measures for colleges, universities, high-schools, elementary schools, and other educational institutions to utilize when assisting foreign born students who have been victims of sexual violence, dating violence, and stalking. This discusses the types of interim measures that would be useful for students with varying immigration statuses, including: F, M, and J visa holders, DACA, VAWA, T and U visa, and undocumented students.
[pdf] Resource Guide: Supporting Undocumented Youth (2015) (+)
A guide for success in secondary and post-secondary settings
*Financing college for DACAmented and undocumented students
Can DACAmented or undocumented students receive financial aid? The answer depends on the source of the financial aid funds. Federal: Undocumented students are ineligible for all forms of federal financial aid. State: In a limited number of states (Texas, New Mexico, California, Minnesota, and Washington), undocumented students are eligible to receive state grants and/or scholarships. […]
[pdf] FAFSA on the Web (2009-2010) (+)
This document pertains to federal student aid, with screenshots of the Free Application for Federal Student Aid (FAFSA) website regarding the process of filling out the FAFSA.
[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.
[pdf] U-Visa Victims and Lawful Permanent Residency (2012) (+)
This survey examined the extent to which U visa recipients were eligible for and pursued lawful permanent residency and found that U visa victims were providing cooperation with law enforcement at high rates and were also able to demonstrate the humanitarian need, public interest or family unity required to receive U visa based lawful permanent residency status.
[pdf] Aliens Who May Be Unlawfully Present in the United States and Their Access to Public Post-Secondary Educational Institutions (2010) (+)
An overview of the Student and Exchange Visitor Program (SEVP), the current Department of Homeland Security (DHS) reporting requirements, and the state rules on unlawfully present students.
[pdf] Student Aid Eligibility – Eligibility for Title IV Aid for “Battered Immigrants-Qualified Aliens” as provided for in the Violence Against Women Act (+)
This letter describes the process by which a person who has documentation provided by the Department of Homeland Security’s United States Citizenship and Immigration Service that supports a finding that the person is a “Battered Immigrant” and meets the definition of a “qualified alien” can qualify for Title IV, Higher Education Act (HEA) program assistance.
[pdf] Eligibility for Title IV Aid for “Battered Immigrants-Qualified Aliens” as Provided For in the Violence Against Women Act (+)
This letter describes the process by which a person who has documentation provided by the Department of Homeland Security’s United States Citizenship and Immigration Service that supports a finding that the person is a “battered immigrant” and meets the definition of a “qualified alien” can qualify for Title IV, Higher Education Act (HEA) program assistance.
[pdf] FAFSA on the Web Worksheet (2008-2009) (+)
This pertains to the Free Application for Federal Student Aid (FAFSA) worksheet, which must be completed in order to apply for federal student aid and most state and college aid.
[pdf] Higher Education Resources and Student Assistance Programs (2009) (+)
This document pertains to United States Code Service (USCS) Section 1091, which is an overview of student eligibility for any grant, loan, or work assistance, as well as general provisions relating to student assistance programs.
[pdf] Memo: Undocumented Student in Post-Secondary Education (2008) (+)
A memo responding to the inquiry on whether USC Section 1621 prohibits NCCCS from requiring North Carolina community colleges to enroll illegal aliens in post-secondary education courses, absent state legislation.
[pdf] Policy Guidance RE: Citizenship, Immigration Status, and Social Security Numbers (January 21, 2003) (+)
Policy guidance regarding inquiries into citizenship, immigration status, and social security numbers in state applications for Medicaid, State Children’s Health Insurance Programs (SCHIP), Temporary Assistance for Needy Families (TANF), and food stamp benefits. Updated in 2006 and July 26, 2013.
[pdf] Student Eligibility for Grant, Loan, or Work Assistance (1995) (+)
This document provides a general overview of a student’s eligibility to receive any grant, loan, or work assistance. It includes a discussion on a student’s satisfactory progress, the required standards for students who are not high school graduates, and certification for GSL eligibility.