Topic: NIWAP Trainings

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[pdf] When Federal Immigration Laws and State Family Laws Intersect: Promoting Just and Equitable Outcomes for Immigrant Survivors and Children (October 8, 2024) (PowerPoint) (+)

This plenary highlights what every state court judge needs to know to promote access to justice and fairness when immigration law issues arise in state court cases involving litigants, victims of crime or abuse, and children who are immigrants or live in immigrant families. Faculty provide an overview of the major forms of immigration relief that Congress created to protect immigrant victims of domestic violence, child abuse and neglect, human trafficking, sexual assault, and stalking and identify how access to public benefits, services, and supports grow as eligible immigrant victims and their children pursue victim-based forms of immigration relief.

Published September 30, 2024 by

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[pdf] NIWAP’s Technical Assistance, Training, Communities of Practice and Resources for Professionals Serving Immigrant and Refugee Women and Children (September 7, 2023) (+)

This flyer describes the technical assistance and training available to attorneys, victim advocates, judges, law enforcement, prosecutors, and other professionals who encounter immigrant survivors of domestic violence, sexual assault, stalking, child abuse, dating violence, and human trafficking in their work. The flyer also contains links to register for one of the four Communities of Practice that NIWAP runs which are: the National Judicial Network (for judges and judicial officers only); our Roundtable for Law Enforcement, Prosecutors and their agency’s victim witness staff; a Family Lawyer’s Community of Practice and Victim Advocates Community of Practice. All provide ongoing peer-to-peer learning and educational opportunities for professionals working with immigrant victims and their children.

Published September 7, 2023 by

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[pdf] Legal Protections for Immigrant Survivors of Domestic and Sexual Violence That Enhance Victim and Community Safety. North Platte, NE (April 26, 2024) (+)

Training on This training will provide an overview of the protections under immigration, public benefits, protection order and family laws that help immigrant survivors of domestic violence, sexual assault, stalking, dating violence, child abuse and human trafficking. Faculty will discuss how victim advocates, attorneys, law enforcement, healthcare providers, prosecutors and other professionals can collaboratively work together to improve safety for immigrant victims, their families and the community.

Published April 26, 2024 by

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[pdf] Chapter 10: U Visas: Victims of Criminal Activity (August 8, 2023) (+)

Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.

Published December 7, 2023

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[pdf] Rosen v. Ming Dai and Rosen v. Alcaraz (January 11 2021) Supreme Court of the United States (+)

Rosen v. Ming Dai and Rosen v. Alcaraz (January 11 2021) Supreme Court of the United States. NIWAP assisted Jenner &
Block LLP in developing and securing social science support in a brief filed to the Supreme Court of the
United States on the question of credible testimony. The brief explained the impact of trauma on memory
and ability to testify, other mental health conditions’ impact on memory and credibility, and credibility
compared to truth.

Published October 11, 2023

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[pdf] Traore v. Mukasey US Court of Appeals Fourth Circuit (April 15 2008) (+)

Amicus brief compiled by International Women’s Human Rights Law Clinic and Legal Momentum among others which seeks to reverse BIA denial of gender-based asylum for appellant Alima Traore. The case argues that Traore has established eligibility for asylum, withholding of removal, and protection under the Convention Against Torture because she has endured past persecution in the form of female genital mutilation (“FGM”), has a well-founded fear of future persecution, and likely faces torture and a threat to life or freedom because she is a female member of the Bambara tribe in Mali.

Published September 27, 2023

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[pdf] Meredith v. Muriel K&L Gates Supreme Court of the State of Washington (July 17 2009) (+)

Meredith v. Muriel, Supreme Court of the State of Washington, (2009). Submitted two amicus briefs one on behalf of Legal Momentum and a second on behalf of the National Network to End Violence Against Immigrant Women in a case in which an abuser appealed the issuance of a protection order containing a prohibition against the abuser communicating with the Department of Homeland Security regarding his wife. One brief (K & L Gates, Pro Bono) provided social science documentation of the harm to victims and the lethality of immigration related abuse and discussed the history and purpose of VAWA confidentiality protections.

Published September 26, 2023 by

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[pdf] State v. Maria L. The Nebraska Supreme Court (April 8 2009) (+)

State v. Maria L., (2009) filed an amicus brief in a case before The Nebraska Supreme Court in a termination of parental rights case in which an undocumented immigrant mother was denied language access to child protective services, the courts and the hospital. In a unanimous decision that Nebraska Supreme Court returned two children to their Guatemalan mother who had been deported and her parental rights were terminated by the state ruling that undocumented, detained and deported immigrant parents have the constitutional right to care for, have custody of, and control over their children.

Published September 25, 2023

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[pdf] S.E.R.L v. U.S. Federal Court of Appeals 3rd Circuit (September 25 2017) (+)

Amicus Brief in S.E.R.L v. U.S. NIWAP filed an amicus curiae brief on behalf of a Honduran woman who had helped her daughter escape from a domestic violence perpetrator who had trafficked the daughter to Mexico. The brief discussed the extent to which those who intervene to protect their family from perpetrators of domestic violence are at risk of violent retaliation by the perpetrator, up to and including death. She fled Honduras seeking asylum in the U.S. out of fear of more retaliation. This amicus was filed in the 3rd Circuit Federal Court of Appeals in a case in which S.E.R.L is seeking gender based asylum as a Honduran woman who intervened in a domestic violence relationship who are left completely vulnerable to violent retaliation. Crowell and Moring (September 25, 2017)

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[pdf] Rosa Marisol Avelar Oliva Board of Immigration Appeals (February 16 2018) (+)

Amicus Brief in Matter of Rosa Marisol Avelar Oliva, NIWAP filed an amicus curiae brief on behalf of an El Salvadorian woman who suffered child abuse and was held in isolation for years. The Immigration Judge found that she was not credible. The brief discussed the psychological and developmental effects of trauma and how childhood rape and sexual abuse can significantly impact witness’s demeanor and ability to testify and report the abuse. The brief addressed how childhood trauma impairs brain development in key regions responsible for memory, reasoning, and planning. The amicus was filed in the Board of Immigration Appeals in a case in which Rosa Marisol is seeking gender-based asylum and withholding of removal. Crowell and Moring (February 16, 2018)

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[pdf] In the Matter of RA (February 13 2004) (+)

In the Matter of RA (February 13 2004) Board of Immigration Appeals. Domestic violence as a basis for Gender Based Asylum. Filed Briefs and coordinated amici for amicus briefs filed before the Board of Immigration Appeals (1999) and the U.S. Court of Appeals for the 9th Circuit (1999). Provided editing and amici sign on assistance to Amicus brief filed with Attorney General Ashcroft (2004).

Published September 20, 2023

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[pdf] Yessica Alvarado Euceda vs. Loretta Lynch US Court of Appeals 5th Circuit (February 25 2016) (+)

Yessica Alvarado Euceda vs. Loretta Lynch. NIWAP Inc. served as the lead amicus in an appeal of a denial of gender based asylum to the 5th Circuit Court of Appeals in the case of a Honduran battered immigrant who unsuccessfully attempted to end her relationship with her abusive boyfriend who was the father of her two children. The immigration judge and a single Board of Immigration Appeals judge denied gender based asylum to a battered mother who fled Honduras when she could find no protection from being subjected to ongoing abuse from the father of her children. The law firm of Winston and Strawn represented NIWAP in the amicus brief. (February 26, 2016)

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[pdf] Equal Employment Opportunity Commission v. Koch Foods 5th Circuit (October 22 2015) (+)

Equal Employment Opportunity Commission v. Koch Foods. NIWAP Inc. collaborated with Latino Justice, the law firms of Arnold and Porter and Procopio, and Legal Momentum to submit an amicus brief to the 5th Circuit Court of Appeals in an interlocutory appeal of a Federal District Court decision to allow an employer who employed supervisors who perpetrated rape, sexual assault, felonious assault, extortion, sexual harassment and other discrimination against workers to use civil court discovery in an EEOC enforcement action to obtain copies of the victim’s VAWA confidentiality protected U visa case files. The brief provided legislative history of the VAWA confidentiality provisions and the U visa and discussed the public policy effects on victims of domestic violence, sexual assault, human trafficking and other crimes if discovery of VAWA confidentiality protected information is allowed in civil cases. (October 22, 2015)

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[pdf] BIA Amicus Invitation and Amicus 2016-0609 (September 1 2016) (+)

BIA Amicus Invitation 2016-0609 Amicus Curiae Brief of National Immigrant Women’s Advocacy Project and The Lutheran Immigration and Refugee Service submitted this amicus brief to the Board of Immigration Appeals discussing the brain development and neuroscience of how having experienced or witnessed trauma impacts the brain development of children and adolescents. The brief argues that in cases of child asylum applicants’ waivers of the one-year deadline based on extraordinary circumstances must be presumed for children under the age of 21. The brain science also supports waivers of the deadline for older youth in their 20s who can demonstrate based on the totality of the circumstances of their case and the impact of the trauma they suffered on their lives that they meet the extraordinarily circumstances test. (Crowell and Moring: September 1 2016)

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[pdf] S.K.E.R v. Barr (April 8 2019) Court of Appeals 5th Circuit (+)

S.K.E.R. v. William P. Barr. NIWAP filed an amicus curiae brief on behalf of a Honduran woman who was a victim of domestic violence. The brief discusses the complexity of domestic violence and how the victim was unable to physically remove herself from her abuser due to fear of his retaliation. This amicus was filed in the 5th Circuit Federal Court of Appeals. Winston and Strawn LLP (April 8, 2019).

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[pdf] Maria Luisa Rodriguez Tornes v. William P. Barr US. Court of Appeals 9th Circuit (October 18 2019) (+)

Maria Luisa Rodriguez Tornes vs. William P. Barr (2019) US. Court of Appeals 9th Circuit. NIWAP led an amicus brief with DLA Piper for a case filed in the 9th Circuit discussing how domestic violence victims are able to receive gender-based asylum because they domestic violence they experience is based on their social group membership. NIWAP’s brief documented the cultural, religious and social conditions that domestic violence victims suffer that serves as a valid basis for domestic violence related gender based asylum. This brief provided the social science support for a Tahirih Justice Center case challenging the Attorney General Sessions Justice Department position on domestic violence related gender based asylum cases. (October 19, 2019)

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[pdf] United States V. Luciana Moreno-Lopez; (June 7 2010) United States District Court, Eastern District of Chattanooga (+)

Amicus brief in a case in which undocumented workers had been victims of extortion, when the workers complained to EEOC and the Department of Labor the employer retaliated by triggering the employees detention by the Department of Homeland Security.
The workers filed and received U-visas as victims of extortion despite this fact, the U.S. attorney brought charges
against the workers for document fraud. This amicus brief, filed in the employees’ criminal case, described the
history and purpose of the U-visa as humanitarian relief and a tool for law enforcement.

Published September 18, 2023

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[pdf] Agenda NIWAP Boston Conference August 2023 (updated August 18, 2023) (+)

Final agenda for the Strengthening Community and Organizational Responses: Serving Immigrant Victims of Domestic Violence, Sexual Assault, and Stalking in-person training that is being hosted by NIWAP, American University, Washington College of Law in Boston with two date options. August 28-29 and August 30-31, 2023. This training is for Office of Violence Against Women and STOP grantees and potential grantees.

Overview: This two-day in-person interactive training focuses on providing attorneys, law enforcement, prosecutors, and advocates strategies for strengthening their understanding of legal and victim services options for and best practices when working with immigrant survivors of domestic violence, dating violence, sexual assault, and stalking. This training offers diverse learning experiences delivered by a faculty of multi-disciplinary subject matter experts from a wide range of legal and victim service backgrounds including judges, law enforcement, prosecutors, advocates, and attorneys. Immigrant victim related training topics will include: stalking; immigration, public benefits, and family law case options, case strategies, and advanced issues; prosecution best practices; primary aggressor determinations; VAWA confidentiality and discovery; police officers as witnesses; multi-disciplinary collaboration; effective outreach; and improving language access. Participants will learn and share practices and strategies to improve immigrant victim safety, increase participation in the justice system, and enhance community safety.

Participants: Each training session is open to attorneys, advocates, law enforcement, prosecutors, and victim witness staff from agencies with funding from OVW including STOP subgrantees, Legal Assistance for Victims (LAV), Campus, Culturally Specific Services Program (CSSP), Rural, and Improving Criminal Justice Response (ICJR). All other grantees and grant funded partner agencies must receive prior approval from their OVW Program Specialist to attend. Law enforcement (federal, state, local, and campus), prosecutors, and their agency’s victim witness specialists are invited to attend regardless of funding sources.

Published August 18, 2023 by

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[pdf] U Visa and Language Access (+)

Most people have heard the phrase, “communication is key.” This proves very true when working with victims of crime who are confronted with many physical, emotional, or psychological barriers to recovery. This workshop will discuss the U Visa, a powerful tool that assists law enforcement (LE) in effectively fighting crime and improving community safety while […]

Published May 23, 2023 by ,

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[pdf] USCIS and State Department: Intercountry Adoption Process Flow Chart of Key Steps (June 6, 2023) (+)

USCIS and the U.S. State Department developed this tool to assist judges and attorneys in the U.S. to better understand the intercountry adoption process for foreign born children from Hague Convention and non-Hague Convention countries. This tools helps ensure that the proper steps are followed so that the adopted child obtains a visa providing them legal immigration status and a path to naturalized citizenship.

Published June 6, 2023 by ,

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[pdf] USCIS Fact Sheet: Adoption in U.S. Courts of Children from Hague Adoption Convention Countries (June 6, 2023) (+)

Foreign-born children in the United States who are adopted in a U.S. court may face immigration-related implications. Adoption alone does not give a child lawful immigration status. This fact sheet reviews the immigration implications for children from Hague Adoption Convention (“Convention” or “Hague”) countries who did not immigrate to the United States through the U.S. Convention process and are undergoing U.S. adoption proceedings.

Published June 6, 2023 by , ,

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[pdf] Flyer-for-Boson-Conference-2023-03.09.23-1 (+)

This flyer provides links to registration, the agenda for, and travel scholarship applications for NIWAP’s OVW and STOP grantee conference to take place in Boston with two date options for this two day in-person conference August 28-29, 2023 and August 30-31, 2023.

Published March 27, 2023 by

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[pdf] Comparing Inadmissibility Waivers Available to Immigrant Victims in VAWA Self-Petitioning, U Visa, T Visa and Special Immigrant Juvenile Status Cases (December 26, 2022) (+)

This chart was developed to assist prosecutors, judges and attorneys representing immigrant victims of domestic violence, sexual assault, human trafficking, child abuse, child abandonment, child neglect, and other U visa listed criminal activities to promote a better understanding of the inadmissibility factors that apply, do not apply, or could be waivable for each of the primary forms of immigration relief immigrant victims of crime and abuse are eligible to receive under U.S. immigration laws. This document contains detailed footnotes citing and explaining the statutes and regulations that govern inadmissibility for immigrant crime victims.

Published December 26, 2022 by

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[pdf] How to Argue or Rule on VAWA Confidentiality Protections in Discovery Involving Immigrant Survivors (November 18, 2022) (+)

Step-by-step guide for attorneys and judges on VAWA confidentiality and discovery with links to resources, tools, case law, Amicus Briefs, and sample bench briefs and motions.

Published November 18, 2022 by

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[pdf] Relevancy of a Victim’s Immigration Status in State Criminal Court Proceedings (August 24, 2022) (+)

This publication provides prosecutors with case law and statutory analysis regarding when and under what circumstances a victim’s immigration status is considered relevant or irrelevant in a criminal case. It looks at how courts across the country handle evidence of a victim’s immigration status generally, addresses how courts treat a witness’s immigration status evidence in criminal proceedings, in particular, and offers prosecutors strategies and useful resources.

Published August 24, 2022

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[pdf] DHS Civil Rights and Civil Liberties (CRCL) Complaint Instructions for Violation Investigations (2021) (+)

Information about VAWA confidentiality provisions at the Department of Homeland Security and instructions for reporting a violation. Updated on 12/12/2021. For previous information about VAWA confidentiality complaints go to https://niwaplibrary.wcl.american.edu/pubs/conf-vawa-gov-dhscomplaintinstrts-2008

Published 12/15/2021 by

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[pdf] U Visa Law Enforcement Resource Guide (February 28, 2022) (+)

U Visa Law Enforcement Resource Guide for Certifying Agencies including Judges, law enforcement, prosecutors, Child and Adult protective services, federal and state Departments of Labor and other state, local and federal government agencies.
USCIS, the federal agency tasked with the adjudication of U visa petitions, announces today the publication of an updated U Visa Law Enforcement Resource Guide. This guide provides certifying officials, including law enforcement, with best practices for the U visa certification process, emphasizes that completing the Supplement B is consistent with a victim-centered approach, and clarifies the roles and responsibilities of certifying agencies in the U visa program.
Highlights of the guide include:
• The U visa law enforcement certification process;
• Best practices for certifying agencies;
• U Visa Quick Reference Guide;
• Outline of the U visa adjudication process;
• Responses to frequently asked questions; and
• Additional resources for certifying agencies and officials, including information for other DHS personnel on U visas.

Published February 28, 2022 by ,

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[pdf] Immigrant Survivors and Their Children Assisting Survivors With Immigration Case Filings and Addressing Issues That Arise in Family Court Cases (+)

Description of the information that will be provided on the December 8, 2021 training, “Immigrant Survivors and Their Children: Assisting Survivors With Immigration Case Filings and Addressing Issues that Arise in Family Court Cases.”

Published November 17, 2021 by

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[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”

by

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[pdf] Voir Dire Presentation Final (+)

Having an unbiased jury is essential to any trial. When trying cases involving immigrant victims of domestic or sexual violence, it is imperative that prosecutors develop a strategy to ensure that the jurors selected do not bear any prejudice against the victim and can understand the underlying dynamics of the case.

Published August 11, 2021 by

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[pdf] VSC VAWA Unit Training PowerPoint Presentation (+)

NIWAP presented a webinar for the Vermont Service Center on July 29, 2021. The presentation explained the dynamics of victimization in different contexts, including domestic violence, sexual assault, child abuse, and elder abuse, the impact of traumatization on memory and credibility, and various forms of immigrantion relief for survivors of crime and abuse & the […]

Published July 29, 2021 by

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[pdf] Best Practices to Support Immigrant Victims PowerPoint 7.20.21 (+)

Immigrant victims of crime are often reluctant to call police for help. Victims of domestic violence and sexual assault are further challenged to participate in investigations and prosecutions where they experience immigration-related abuse and threats of deportation. This workshop will explain the intention behind the creation of the U Visa and detail the requirements of […]

Published July 20, 2021 by

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[pdf] NM U Visa PowerPoint Presentation 7.19.21 (+)

Immigrant victims of crime are often reluctant to call police for help. Victims of domestic violence and sexual assault are further challenged to participate in investigations and prosecutions where they experience immigration-related abuse and threats of deportation. This workshop will explain the intention behind the creation of the U Visa and detail the requirements of […]

Published July 19, 2021 by

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[pdf] NJN Judicial Responses to Labor Trafficking 7.6.21 (+)

Victims of labor trafficking appear before state court judges in a wide range of state court proceedings including protection orders, dependency, delinquency, guardianship, child support, custody, children in need of protection, employment cases, and criminal court cases (both misdemeanors and felonies). Victims of labor trafficking may be adults, youth, or children and some may also […]

Published July 6, 2021 by

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[pdf] IACP the U and T Visa PowerPoint Presentation 6.17.21 (+)

This presentation discusses the U and T Visa as a tool to support victims, communities, and increase participation in the criminal justice system. It also reviews the benefits of this immigration relief for victims and the advantages law enforcement-based victim services programs can gain by using these tools.

Published June 17, 2021 by ,

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[pdf] Legal Rights of Immigrant Survivors: Public Benefits, Housing, & Victim Services PowerPoint (+)

Legal Rights of Immigrant Survivors: Public Benefits, Housing, & Victim Services PowerPoint This webinar will provide an overview of the protections available under federal immigration laws, federal and state public benefits law and state family laws for immigrant children who are abandoned or become victims of child abuse, child neglect, sexual assault, dating violence, stalking, […]

Published May 27, 2021 by

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[pdf] Legal Rights 4.21 RM (+)

This workshop will discuss the range of publicly funded victim and social services programs, legal assistance, and the wide range of services and assistance that are legally available to all victims of domestic violence, child abuse, and sexual assault, regardless of immigration status. As immigrant and Limited English Proficient (LEP) victims begin the process of […]

Published May 2021 by

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[pdf] Louisiana DAA Webinar 1 PowerPoint (+)

Immigrant victims of crime are often reluctant to call police for help. Victims of domestic violence and sexual assault are further challenged to participate in investigations and prosecutions where they experience immigration-related abuse and threats of deportation. This webinar will explain the intention behind the creation of the U Visa and detail the requirements of […]

Published April 22, 2021 by

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[pdf] MJI Conference Achieving Equal Justice Presentation 5.6.2021 (+)

This presentation focuses on the importance of immigration status in family courts. Immigration status can profoundly affect the family dynamics and context in which many decisions involving families unfold. In families experiencing domestic violence and/or child abuse, immigration related abuse is an effective tool of, power and control that co-exists with and predicts escalation of […]

Published April 19, 2021 by

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