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.
Topic: VOCA
[pdf] Victims of Crime Act Victim Assistance Program – Final Rule (July 8, 2016) (+)
Final 2016 VOCA regulations governing crime victims assistance programs. Contains references and clarifications confirming immigrant access to VOCA funded programs.
[pdf] June 2017 Newsletter – Nevada’s VOCA Assistance for Immigrants and Post-Assault Health Care Charts (+)
In this issue: – Crime Victim Compensation – Healthcare Chart Tools – Leadership for Justice Training Course
[pdf] Nevada’s 2017 Crime Victim’s Compensation Law (AB122) (+)
Legislative amendments that go into effect in Nevada on July 1, 2017 granting access to Victim of Crime Act (VOCA) compensation for victims of crimes perpetrated in Nevada without regard to the immigration status of the victim. This bill removes all citizenship, lawful permanent residency and residence requirements from the Nevada victim compensation laws.
[pdf] Victims of Crime Act (VOCA) Assistance Program Rule (July 8, 2016) (+)
The final rule from the Office of Victims of Crime (OVC) on implementation of the victim assistance formula grant program. Discusses the fact that programs offering VAWA and OVC funded crime victims assistance are to provide assistance in light of “OVC’s policy clarification that victim eligibility for direct services under the VOCA Assistance Program is not dependent on the victim’s immigration status”. Notice that VOCA funded victims assistance programs and VOCA funded victims compensation were to be open to all persons who are victims in the state without regard to immigration status was sent to all VOCA Administrators of VOCA victim assistance programs and VOCA compensation on June 28, 2010.
[pdf] State Restrictions on Immigrant Access to VOCA Compensation (October 1, 2015) (+)
This policy memo seeks additional regulations and policies from the U.S. Department of Justice that would prevent states from cutting off immigrant crime victims from Victims of Crime Act Funded Victims Compensation. The memo covers legal research and Office of Victims of Crime policies confirming that VOCA Compensation is not a federal public benefit and immigrant restrictions do not apply. It also discusses that approach the two states restricting immigrant access to victims’ compensation have taken and reports survey data on the impact that these restrictions have on crime victims in those states.
[pdf] OJP-OVC Letter on Access to VOCA Victim Compensation 7.2.2010 (+)
Office of Victims of Crime and Office of Justice Programs statement on immigrant crime victim access to VOCA crime victim compensation.
[pdf] Funding Effective Program Services for Immigrant Victims of Domestic (2007) (+)
This monograph is designed to help Family Violence Prevention Service Act (FVPSA) Grant administrators expand services to projects that serve immigrant victims of family violence. Specifically, it will focus on factors administrators should examine to determine how effective a program will be in serving a targeted, immigrant population. It will provide guidelines to distinguish between programs that claim to be open to immigrants and those that have established true and trusting relationships with immigrant communities. Often, the projects best able to reach and effectively serve immigrant victims are collaborations between mainstream domestic violence and sexual assault victim service programs and programs that have experience and trusting relationships with women in immigrant communities. Additionally, this monograph will assist FVPSA administrators by providing insight to enhance these collaborations and by providing tools that can be used to ensure that funds support effective services provided through relationships between mainstream programs and those serving immigrant victims.