[pdf] ICE Memorandum: Detention Policy Where an Immigration Judge Has Granted Asylum and ICE Has Appealed (Feb. 9, 2004) (+)

This memorandum reiterated that ICE favors release in general for immigrants granted protections by immigration judges. It also instructs that bond should be reviewed after granting asylum for the asylee to be released in accordance with ICE policies. Arriving immigrants should be considered for parole. This memorandum is cited in the Doyle Memorandum ICE Guidance […]

[pdf] DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda Information for State Court Judges (December 27, 2021) (+)

This Bench Card helps courts understand the laws that protect immigrant crime victims from immigration enforcement activities, DHS immigration enforcement priorities and limitations placed by federal statute and by Department of Homeland Security policies on immigration enforcement at courthouses. Additionally, understanding which locations DHS considers sensitive locations will help courts craft orders that help children and families. This bench card provides courts access to legally correct information about immigration law that courts can apply when they are called upon to adjudicate cases in which a party has raised an immigration issue in state court.

This bench card has been updated to reflect the Department of Homeland Security Enforcement Priorities that require a cases by case consideration of the totality of the circumstances and mitigating factors that include crime victimization, being a caregiver of children, incapacitated adults, and/or elder parents, as well as other factors including length of time in the U.S., and education in the U.S. There are three enforcement priorities: risk to national security/terrorism, unlawful entry into the U.S. after November 1, 2020, and current threat to public safety typically because of serious criminal conduct. The later two enforcement priorities requires an assessment of mitigating factors and the totality of the facts and circumstances.

[pdf] Victims of Human Trafficking: T Nonimmigrant Status (+)

This USCIS webpage describes who qualifies for the T visa. It outlines the definition of “severe form of trafficking in persons” and provides quick information on eligibility, application, and employment authorization. It includes eligibility for qualifying family members, public benefits, and links to other resources developed by the Department of Homeland Security on T visas, […]

[pdf] HISI Directive 10075.1 Continued Presence (+)

Homeland Security Investigations (HSI) Directive 100775.2 establishes policy and procedures for U.S. Immigration and Customs Enforcement (ICE) HSI personnel when requesting Continued Presence on behalf of victims of a severe form of trafficking and who may be potential witnesses in the investigation and/or prosecution of those responsible for such trafficking, as well as those who have filed a civil action. This directive was made publically available by FOIA request.

[pdf] USCIS Requests for Evidence and Notices of Intent to Deny PM-602-0085 (June 3, 2013) (+)

This policy memo governed adjudication of immigration relief benefits by USCIS and required the issuance of requests for further evidence and notices of intent to deny giving applicants an opportunity to supplement the record and address concerns prior to the denial of their immigration case. The policy was updated 7/13/18 https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-for-certain-requests-for-evidence-and-notices-of-intent-to-deny and the notice of the updates contains a useful explanation of the practice that has been historically used by USCIS to adjudicate cases.

[pdf] USCIS Memo on Eligibility to SP as Intended Spouse – Bigamy Memo (August 21, 2002) (+)

The purpose of this memorandum is to inform Immigration and Naturalization Service officers in the field of the change in the law concerning the eligibility to self-petition as an intended spouse of an abusive United States citizen (USC) or lawful permanent resident (LPR). This change in the law protects battered immigrants who believed s/he
was married to a USC or LPR, but later discovered the marriage was not legitimate because of the bigamy of the USC or LPR.

*VAWA Confidentiality Protections for Immigrant Crime Victims (Update March 8, 2021)

This page contains useful information about VAWA confidentiality protections for immigrant crime victims.  For up-to-date additional materials and case law follow these links:  VAWA Confidentiality Training Materials (November 17, 2023) Training Materials – VAWA Confidentiality and Discovery in Family & Criminal Court Cases – Materials List (November 17, 2023) VAWA confidentiality was designed to enhance […]

[pdf] Emergency Shelter and Transitional Housing for Immigrant Victims: Government Policies (February 10, 2017) (+)

This document brings together in one collection the polices issued by federal government agencies describing the legal rights of immigrant and Limited English Proficient (LEP) victims of domestic violence, sexual assault, dating violence, stalking, human trafficking, child abuse, and the homeless to access emergency shelters and transitional housing from a wide array of programs offering these services who receive federal funding. The federal agency policies in this collection include policies issued by:
The U.S. Department of Justice (Office of Victims of Crime, Office on Violence Against Women)
The Health and Human Services (Family Violence Prevention)
The U.S. Department of Housing and Urban Development
These policies provide the requirements for providers of emergency shelter, transitional housing and other programs offering services necessary to protect life and safety. this packet of policies will help advocates and attorneys working with immigrant survivors and immigrant children gain access to housing, services and assistance they are eligible to receive without regard to their immigration or LEP status.

[pdf] Instructions for T Visa Declaration (Certification) Form I-914, Supplement B (January 18, 2017) (+)

Instructions for filling out Form I-914, Supplement B, Declaration (Certification) to be used by law enforcement, prosecutors, judges and other government agencies signing declarations/certifications that provide evidence in support of a victim of human trafficking’s application for a T visa.

[pdf] VAWA Reauthorization 2013 Changes to U Visa and Adjustment of Status (+)

Interim Guidance policy memorandum implementing VAWA 2013 statutory changes to the U visa program. This memo adds new crimes, discusses age out protections for U visa children, the public charge exception for VAWAs, Ts and Us, U visa adjustment of status improvements, and access to foster care and unaccompanied refugee minor programs for certain u visa recipients.

[pdf] Domestic Violence and Sexual Assault Public Policy Timeline Highlighting Accomplishments on Behalf Of Immigrants and Women of Color (February 11, 2017) (+)

Provides an overview of the historical achievements that improve laws, policies, practices and access to services for battered women, sexual assault victims and particularly immigrant and women of color victims.

[pdf] Work Authorization for Spouses of Visa Holders – DHS Policy Memo (+)

This policy memorandum was issued by DHS on March 8, 2016 and provides guidance on the eligibility for work authorization of spouses of certain kinds of visa holders if they or their children have been abused. The categories of visas to which this applies are as follows: A-1, A-2, A-3, E-3, G-1, G-2, G-3, G-4, G-5, H-1B, H-1B1, H-2A, H-2B, H-3, and H-4.

[pdf] Federal Register: New Classification for Victims of Severe Forms of Trafficking in Persons (+)

This rule is intended to assist all concerned Federal officials, including, but not limited to, officials of the Immigration and Naturalization Service (Service), and eligible applicants, in implementing provisions of section 107(e) of the Trafficking Victims Protection Act of 2000 (TVPA).

[pdf] Guidance on Adjudicating Stay Requests Filed by U Nonimmigrant Status (+)

US Immigration and Customs Enforcement Memorandum providing guidance to the ICE Office of Detention and Removal Operations Directors about factors to consider when adjudicating requests for a Stay of a Final Administrative Order of Removal filed by an alien with a pending petition for U nonimmgrant status (U-Visa).

[pdf] Extension of U Nonimmigrant Status for Derivative Family Members Using the Application to Extend/Change Nonimmigrant Status (+)

Policy memorandum authorizing the Vermont Service Center to approve an Application to Extend/Change Nonimmigrant Status (Form I-539) to extend U nonimmigrant status for a derivative family member whose initial period of stay is for less than four years.

[pdf] Fact Sheet on USCIS’ New Rule for Non-Immigrant Victims of Human Trafficking and Specified Criminal Activity (+)

Congress created the “T” and “U” nonimmigrant classifications with passage of the Victims of Trafficking and Violence Protection Act in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of persons and other crimes while, at the same time, offering protection to victims of such crimes. The legislation also helps law enforcement agencies to better serve immigrant crime victims.

[pdf] Disclosure of Certain Information Relating to Criminal Histories of Petitioners to Potential Visa Beneficiaries (+)

USCIS memorandum to provide itnerim guidance to adjudicators regarding when it may be appropriate to disclose certain information relating to a visa petitioner’s criminal history involving violence or sexual offenses to potential visa beneficiaries.

[pdf] Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa (+)

Fact sheet explaining domestic violence and information of the legal rights in the United States for survivors of domestic violence. Also provide information on the International Marriage Broker Regulation Act (IMBRA), which requires that the U.S. Government provide foreign fiancé(e)s and spouses immigrating to the United States with information about their legal rights as well as about the criminal or domestic violence histories of their U.S. citizen fiancé(e)s and spouses.

[pdf] International Marriage Broker Regulation Act of 2005: Agencies Have Implemented Some, but Not All of the Act’s Requirements (+)

This report addresses the extent to which the U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS); the Department of State (DOS); and the Department of Justice (DOJ) have implemented IMBRA, and the extent to which USCIS and DOS have collected and maintained data for this GAO report as required by IMBRA. To address these objectives, GAO reviewed the act and related legislation, analyzed IMBRA implementation guidance and available data on applications filed, and interviewed officials at USCIS, DOS, and DOJ.

[pdf] International Matchmaking Organizations: A Report to Congress (+)

This report is in response to the Congressional request under Section 652 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) that the Attorney General, in consultation with the Commissioner of the Immigration and Naturalization Service (INS) and the Director of the Violence Against Women Office at the Department of Justice, conduct a study of mail-order marriages. The report includes a review of INS records for quantitative data as to the number of marriages facilitated by international matchmaking businesses as well as evidence of domestic violence or marriage fraud in the petitionable relationships which result between U.S. citizens (USCs) or lawful permanent residents (LPRs) and the foreign-born women recruited by these companies. The report also contains a literature review of related topics.

[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] 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] Section 809 Eligibility of Crime and Trafficking Victims in the Commonwealth of the Northern Mariana Islands to Adjust Status and Section 810 Disclosure of Information for National Security Purposes (+)

Section 809 of VAWA 2013, defining eligibility of crime and trafficking victims in the commonwealth of the northern Mariana Islands to adjust status and section 810 of VAWA 2013, covering disclosure of information for national security purposes.

[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] Centers for Medicare and Medicaid Services (CMS): Medicaid and CHIP Coverage of “Lawfully Residing” Children and Pregnant Women (2010) (+)

A memo that provides guidance on the implementation of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA), Public Law 11-3. Section 214 of CHIPRA permits states to cover certain children and pregnant women in both Medicaid and the Children’s Health Insurance Program (CHIP) who are “lawfully residing in the United States” as described in section 1903(v)(4) and 2107(e)(1)(J) of the Social Security Act.

[pdf] Trafficking Victims Protection Reauthorization Act of 2008: Special Immigrant Juvenile Status Provisions (+)

USCIS Memorandum to inform immigration service officers working Special Immigrant Juveniles (SIJ) petitions about new legislation which affects the adjudication of petitions filed for SIJ status.

[pdf] Q&A: Five-Year Bar (2004) (+)

This document contains questions and answers regarding immigrants and the five-year bar. Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) provides that certain immigrants who enter the United States on or after August 22, 1996 are not eligible to receive federally-funded benefits, including Medicaid and the State Children’s Health Insurance Program (SCHIP), for five years from the date they enter the country with a status as a “qualified alien.”

[pdf] Q&A on the Five-Year Bar (+)

This document pertains to the Department of Health and Human Services Centers for Medicare and Medicaid Services’ questions and answers on the five-year bar. Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) provides that certain immigrants who enter the United States on or after August 22, 1996 are not eligible to receive federally-funded benefits, including Medicaid and the State Children’s Health Insurance Program (SCHIP), for five years from the date they enter the country with a status as a “qualified alien.”

[pdf] Yates Memo on Extension of Conditional Residence (December 2, 2003) (+)

Memorandum providing guidance on what documentation may be given to a conditional resident, as evidence of their status, who has received a 1-year extension on their conditional residency pursuant to the Immigration Marriage Fraud Amendments of 1986, but battered spouse waiver case has not yet been adjudicated.

[pdf] Access to HHS Funded Services for Immigrant Survivors of Domestic Violence Fact Sheet (+)

The Office for Civil Rights created this fact sheet on “Access to HHS funded Services for Immigrant Survivors of Domestic Violence” in an effort to educate domestic violence service providers, immigrant advocates, health and social service providers, benefits agency eligibility workers, and others regarding the complex web of eligibility rules issued by several different Federal agencies, including the U.S. Department of Health and Human Services and the US Department of Justice.

[pdf] Guidance on the Interpretation of “Federal Public Benefits” Under the Welfare Reform Law (June 15, 1999) (+)

This is a memo pertaining to the revisions on the guidance on the interpretation of “Federal Public Benefits” under the Welfare Reform Law. Its purpose is to amend advice given to Low Income Home Energy Assistance Program (LIHEAP) grantees about the definition of “Federal Public Benefits” for non-qualified aliens under the 1996 Welfare Reform Law for Health and Human Services (HHS) programs, as it applies to use of LIHEAP funds for weatherization of multi-unit buildings.

[pdf] USCIS Public Charge Fact Sheet (May 25, 1999) (+)

This fact sheet issued by the U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, clarifies regulations published in the Federal Register on May 26, 1999, regarding “the circumstances under which a non-citizen can receive public benefits without becoming a “public charge” for purposes of admission into the United States, adjustment of status to legal permanent resident, and deportation.”

[pdf] Field Guidance on Deportability and Inadmissibility on Public Charge (March 26, 1999) (+)

The Department of Justice is publishing a proposed rule in this issue of the Federal Register which proposes to establish clear standards governing a determination that an alien is inadmissible or ineligible to adjust status, or has become deportable, on public charge grounds. Before the proposed rule becomes final, the Immigration and Naturalization Service is publishing its field guidance on public charge issues as an attachment to this notice. This will help alleviate public confusion over the meaning of the term “public charge” in immigration law and its relationship to the receipt of Federal, State, and local public benefits. This field guidance will provide aliens with better guidance as to the types of public benefits that will and will not be considered in public charge determination.

[pdf] Supplemental Guidance on Battered Alien Self-Petitioning Process and Related Issues (+)

Memorandum moving VAWA self-petitioning adjudications to a centralized unit the “VAWA Unit” at the Vermont Service Center. This memo moved VAWA self-petitioning adjudications from INS field offices and regional service centers across the country to the VAWA Unit for adjudication VAWA self-petitioning applications filed by abused immigrant spouses and children who had suffered battery or extreme cruelty perpetrated by their U.S. Citizens and lawful permanent resident spouses and parents.