Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal crime victim compensation laws states provide health care assistance to crime victims that includes health care funded by the Victims of Crime Act Compensation Act (VOCA). How health care for crime victims is funded, what health care services are covered, how victims apply, and which crime victims are covered varies state by state. In all but one state VOCA funded crime victim compensation is open to all victims without regard to immigration status. Alabama severely restricts the numbers of immigrant victims who can access VOCA funded crime victims compensation based on the immigration status of the victim at the time the crime victimization occurred. This chapter includes two sets of state by state charts that briefly, and in detail, summarize the provisions available by state to immigrant victims of sexual assault and other violent crimes, as well as the victim compensation laws and processes to receive compensation for each state, DC, Puerto Rico, and Guam.
Public Benefits & Economic Stability > State Benefits
Topic: State Benefits
Materials regarding state benefits for immigrants.
[pdf] United States v. State of Arizona and Janice K. Brewer Governor, (September 30 2010) United States Court of Appeals for the 9th Circuit (+)
United States v. State of Arizona and Janice K. Brewer Governor, United States Court of Appeals for the 9trh Circuit. (2010) Submitted an amicus brief in the 9th Circuit case in support of the United States position that Arizona law SB 1070 unconstitutionally interferes with federal immigration laws designed to help immigrant victims of domestic violence, sexual assault, human trafficking and other crimes. It undermines federal laws guaranteeing that all persons in the United States have access to programs and services necessary to protect life and safety and public health and will be extremely harmful to immigrant families from family separations forced by local law enforcement mandates to enforce federal immigration laws. This amicus brief was joined by 90 organizations working to help immigrant women and immigrant victims of violence against women. (Manatt, Phelps, and Phillips, Pro Bono)
[pdf] State-Funded Food Assistance Programs (April 2020) (+)
A table that lists the state-funded programs that provide nutrition assistance to immigrants who are not eligible for coverage under the federally funded Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program.
[pdf] Enhancing Safety Planning and Immingrant Survivors’ Access to Immigration Relief and Public Benefits and Services in the West Virginia (+)
This document is the description for the information that will be provided on the November 10, 2021 webinar “Victim Advocates and Attorneys Working With Immigrant Survivors: Immigration Relief, Trauma-Informed Approach, and Public Benefits”
[pdf] Louisiana DAA Webinar 2 PowerPoint (+)
This presentation will allow audiences to understand how eligibility for immigration relief impacts your cases. The PowerPoint also includes information on how to promote issuance of state court findings for children filing for Special Immigrant Juvenile Status, sign U visa certifications in cases of abused children and their immigrant parents, and help immigrant children access […]
[pdf] California- Chart Beneficions Públicos para Inmigrantes (+)
[pdf] Privacy Protections for Immigrant Victims of Domestic Violence, Sexual Assault, Human Trafficking, Child Abuse and Other Immigrants Applying for Public Benefits (October 14, 2020) (+)
The fact sheet provides an overview which government officials state or federal have obligations to inquire into or report immigrants whom they believe may not be in the U.S. lawfully to the Department of Homeland Security. This document discussed the very limited circumstances (in the context of certain public benefits applications) in which government officials are required by federal law to report an individual’s believed citizenship or immigration status to DHS.
[pdf] Access To State Funded Public Benefits in Pennsylvania Based on Immigration Status (+)
This handout was created for the training entitled “Overview of Federal and State Public Benefits: Access For Immigrant Survivors and Their Children”, offered in partnership with the Pennsylvania Immigration Resource Center (PIRC) and led by Leslye E. Orloff and Benish Anver. The chart provides a breakdown of the state funded public benefits available to various immigrants in Pennsylvania based on their current immigration status.
[pdf] Medical Assistance Programs for Immigrants and Immigrant Crime Victims: State by State (+)
This chart details the eligibility of immigrants for various medical assistance programs and services, organized by state (including all 50 states, DC, Puerto Rico, Guam, and the Freely Associated States) and by immigration status. For more information on program eligibility in a particular state, please visit https://niwap.org/niwap_main/benefitsmap/.
[pdf] Federal and State Benefits: Access for Immigrant Survivors and Their Children (+)
This training will help you recognize and know how to use tools to research what state and federal public benefits immigrant survivors can access based on the immigration status pursued, screen for VAWA, T, or U visa immigration relief eligibility to help survivors become “lawfully present,” help immigrant survivors who are qualified immigrants gains access to public benefits, and use strategies for accompanying survivors when they apply for benefits for themselves or their children.
[pdf] Health Care Resource Guide for Service Providers Aiding Immigrant Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking and Other Criminal Activities (2014) (+)
This resource guide is intended to aid practitioners in efficiently and effectively locating materials on the health care options for immigrant survivors in the National Immigrant Women’s Advocacy Project’s (NIWAP) web library. This guide is broken down by type of health care or benefit. One of the tools included is a state-by-state comparison while other tools are focused on the benefits available to different types of visa holders. NIWAP offers a wide variety of resources and hopes this research guide provides some guidance in effectively finding the most useful resource.
[pdf] Federal, Partnership, and State Exchanges That Provide State and State-Option Funded Medicaid or Medicaid-Like Services (2014) (+)
This quick reference guide details the types of health care exchanges and government-subsidized health care programs run by each state, as well as the immigration-related eligibility requirements of each.
[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] Federal Preemption of State Laws That Attempt to Restrict Immigrant Access to Services Necessary to Protect Life and Safety (2013) (+)
Although the power to regulate immigration and enact immigration laws rests exclusively with the federal government, some state laws and local ordinances have been enacted to involve state and local officials in immigration enforcement and to cut off access to programs, benefits, and services to non-citizens including undocumented immigrants. This article discusses federal preemption of state laws that attempt to restrict immigrant access to services that have been deemed by the Attorney General of the United States to be necessary for the protection of life and safety.
[pdf] Flowchart of Access to Federal and State Public Benefits for Victims of Human Trafficking (+)
This is a flowchart regarding access to federal and state public benefits for victims of human trafficking, including services necessary to protect life and safety.
[pdf] Flowchart on Access to Federal and State Public Benefits for Battered Immigrant Spouses and Children of U.S. Citizens or Lawful Permanent Residents (+)
This is a flowchart pertaining to abused family members’ access to federal and state public benefits, including services necessary to protect life and safety.
[pdf] Flowchart on Access to Federal and State Public Benefits For U-Visa Victims (+)
This is a flowchart on U-Visa victims’ access to federal and state public benefits, including services necessary to protect life and safety.
[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] State-Funded SSI Replacement Programs (2011) (+)
A table that lists the state-funded programs that provide cash assistance to immigrants who are not eligible for coverage under the federal Supplemental Security Income (SSI) program.
[pdf] Chapter 17.1: Emergency Medicaid: Urgent Medical Services for Immigrant Crime Victims and Children (December 7, 2016) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal health care, public benefits and immigration laws states have obligations to provide emergency medicaid to immigrants without regard to immigration status. This includes immigrant victims of sexual assault. This chapter is intended to provide an overview regarding health benefits and emergency Medicaid for each state. It provides a chart detailing the definition of what services are provided in the emergency medicaid program, what is covered in each state, and provides a state-by-state chart detailing each state’s laws concerning emergency Medicaid, the coverage provided, and the application process involved.
[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] Family Violence Option, State by State Summary (+)
A brief description of the federal FVO, accompanied by a state-by-state chart that indicates whether the state has chosen to adopt the FVO, and, if so, how they have chosen to implement it.
[pdf] State Benefits Comparison Charts: From the Public Benefits Manual (2014) (+)
A manual that consists of a family court bench card on immigrant crime victim access to public benefits and services, information on immigration status: work authorization, public benefits, and ability to sponsor children, and a quick guide for state court judges on common issues that arise from parties’ immigration status: economic remedies.