The National Immigrant Women’s Advocacy Project in partnership with The National Council of Juvenile and Family Court Judges (NCJFCJ) is pleased to announce the two-part webinar series, Immigrant Children Who are Survivors of Sex Trafficking. This webinar series provides participants with an overview of the legal rights and protections of immigrant children who are victims of commercial sex trafficking and/or labor trafficking. The first session provides participants with resources and tools to assist judges in providing assistance to immigrant children who are victims of human trafficking to be able to qualify for immigration relief. The second session will guide judges on how to direct parties and child welfare to take the steps needed to ensure that child sex trafficking victims receive all of the forms of help and assistance including state and federal public benefits that they are legally eligible to receive.
Session One:
Legal Protections for Immigrant Children Who Are Victims of Human Trafficking
Faculty: Judge Susan Breall and Leslye Orloff
Date: December 2, 2021
Time: 3:00 pm – 4:30 pm ET
This 90-minute 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 victims of commercial sex trafficking. this session will highlight the important roles judges play in providing U and T visa certifications and Special Immigrant Juvenile Status findings needed for immigrant sex-trafficked children to file for immigration relief designed by Congress to protect them.
Session Two:
Legal Rights of Immigrant Child Commercial Sex Trafficking Survivors: Public Benefits, Housing, and Victim Services
Faculty: Judge Ramona Gonzalez and Leslye Orloff
Date: December 9, 2021
Time: 3:00 pm – 4:30 pm ET
This 90-minute webinar 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 child victims of commercial sex trafficking and their non-abusive family members regardless of immigration status. This session will cover how judges can direct parties and child welfare agencies to take the steps needed to ensure that child sex trafficking victims receive all the forms of federal and state-funded benefits and assistance they are legally eligible to receive.
Training Materials
NIWAP offers a full library of SJI supported materials for courts here.
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Definition of Child Under U.S. Immigration Laws: Under U.S. immigration laws a person under the age of 21 is defined as a child. Human trafficking affects many immigrant children and youth. Some trafficked children could also have been victims of other criminal activities in addition to human trafficking which there is immigration relief available for victims. Often immigrant trafficking victims are first identified as victims of child abuse, spouse abuse, sexual assault, stalking or a wide range of other crimes covered by the U visa. Older teens if married to their traffickers or other intimate partner abusers may qualify for immigration relief based on domestic violence and younger children may be eligible for child abuse related immigration remedies. Which form of immigration relief is best for an individual trafficked child to pursue will depend on a variety of factors including the speed with which the type of immigration case is adjudicated and how early in the case process child victims are eligible for public benefits and drivers’ licenses which varies by state? For this reason once an immigrant child victim is identified they should be referred to a program with expertise on immigration remedies for victims of human trafficking and other crimes. To locate programs with this expertise in your state use the NIWAP directory. This list of webinars and materials covers all forms of immigration relief and access to publicly funded benefits and services that can be helpful to a child trafficking victim including but not limited to trafficking related benefits and services and is not limited to remedies available to children as defined by state laws.
Materials by United States Citizenship and Immigration Services: Office of Policy and Strategy (OP&S) to the National Judicial Network Judges
OP&S appreciates your request for informative materials to share with the National Judicial Network. Judges and court staff may be the first to see signs of violence and are in a unique position to provide information and assistance to noncitizens who have been victims of violence, human trafficking, or certain crimes. Below we have included a list of helpful materials and the links to each resource. The Policy Manual is the agency’s centralized online repository for USCIS’ immigration policies. Judges may sign up to receive timely policy updates on the USCIS Alerts page or contact Public Engagement to participate in engagement and outreach activities.
Informative Pamphlets Appropriate for Public Distribution:
- Immigration Options for Victims of Crimes (Violence Against Women Act, U Nonimmigrant Status, T Nonimmigrant Status)
- Immigration Relief for Abused Children: Special Immigrant Juvenile Status
- Center for Countering Human Trafficking (CCHT) Continued Presence Pamphlet
Informative Materials for Judges and Law Enforcement:
USCIS Case Data
- Number of Form I-918, Petition for U Nonimmigrant Status, by Fiscal Year, Quarter, and Case Status (FY2021, Q3)
- Number of Form I-914, Application for T Nonimmigrant Status, by Fiscal year, Quarter and Case Status (FY2021, Q3)
- Number of Form I-360, with Classification as VAWA self-petitioner by Fiscal Year, Quarter and Case Status (FY2021, Q3)
- Number of Form I-360 Petitions for Special Immigrant with Classification of Special Immigrant Juvenile (SIJ) by Fiscal year, Quarter and Case Status (FY2021, Q3)
- Immigration and Citizenship Data
Relevant USCIS Public Webpages or Policy Manual Chapters
- USCIS Humanitarian Programs
- Special Immigrant Juveniles
- Victims of Trafficking
- Policy Alert: T Nonimmigrant Status
- Victims of Criminal Activity: U Nonimmigrant Status
- Policy Alert: Bona Fide Determination Process for Victims of Qualifying Crimes
- Battered Spouse, Children and Parents
- Privacy and Confidentiality Provisions
NIWAP Materials
Webinars for Judges or Helpful to Judges
Immigrant Survivors
- Addressing Issues That Arise in Family and Criminal Court Cases Involving Immigrant Survivors in the District of Columbia (August 25, 2020)
- Legal Protections When Child Victims Are Immigrants: The Judge’s Role (June 20, 2019)
- What Courts Want to Know, What Role Can Courts Play Regarding Detained Immigrant Children and Parents (July 9, 2019)
- Judge’s Role in Cases of Immigrant Domestic and Sexual Violence Survivors (October 15, 2018)
Victims of Trauma
- Coercive Control in Families, the Impact on Children and Extreme Cruelty (October 16, 2020)
- Helping Survivors in Crisis: Hands-On Training for Advocates and Attorneys on Trauma-Informed Work with immigrant Women Who Are Survivors of Domestic Violence and Sexual Assault (February 24, 2014) (Tips from expert psychologist)
Immigration Law Overview for State Court Judges
- An Overview of U.S. Immigration Law (March 9, 2018)
- When State Family Law and Federal Immigration Laws Intersect: Promoting Access to the Courts and Just Outcomes for Immigrants (September 15, 2017)
Special Immigrant Juvenile Status
- Special Immigrant Juvenile Status – Best Practices of Drafting Findings (May 14, 2019)
- State Court Findings for Youth Seeking Special Immigrant Juvenile Status (July 13, 2015)
U and T Visa Certification by Judges
- U Visa Certifications and Special Immigrant Juvenile Status: A Judge’s Role (November 30, 2018)
- Expert Advice for Judges: How to Handle U Visa Certification Requests (December 1, 2014)
- Obtaining U Visa Certification from Judges in Protection Order, Family, Criminal, and Other State Court Proceedings (February 20, 2014)
- DHS U and T Visa Certification Videos for Law Enforcement (Helpful to courts and all certifiers) (September 26, 2013)
Trafficking
Access to Public Benefits
- Immigrant Access to Federally Funded Housing Webinar: Collaboration with the National Housing Law Project
- Public Benefits and Services Legally Available to Immigrant Children and Victims – What Courts Need to Know?
- Webinar: “And Legal Services For All: New 2014 Legal Services Corporation Regulations Implementing VAWA 2005’s Immigrant Crime Survivors’ Access To Legal Services” (October 30, 2014)
- Healthcare: Understanding the Affordable Care Act and How it Affects Immigrant Survivors
- Yes We Can!: Public Benefits for Immigrant Survivors
VAWA Confidentiality, Discovery and Courthouse Enforcement
- Protections for Immigrant Survivors of Domestic and Sexual Violence Under the Violence Against Women Act Confidentiality Protections (October 22, 2018)
- Impact of DHS Enforcement Priorities on Courts: VAWA Confidentiality and Enforcement (August 21, 2018)
- VAWA Confidentiality Webinar (February 9, 2015)
- VAWA Confidentiality: Understanding the Three Safeguards and Limited Discovery Exceptions When Advocating for Survivors in Family and Criminal State Courts (February 5, 2015)
Child Welfare Cases Involving Immigrant Families and Children
Forms of Immigration Relief
- Bench Card: Overview of Types of Immigration Status
- Family Court Bench Card on Immigration Rights of Battered Spouses, Children and Immigrant Crime Victims
- Bench Card: DHS Enforcement Priorities Information for State Court Judges
- State courts and the Protection of Immigrant Crime Victims and Children (November 2013)
- Privacy Protections for Immigrants Applying for Public Benefits
Immigration Relief for Crime Victims and Children
Language Access
- Language Access General Materials (Updated June 18, 2019)
- DOJ Letter to State Chief Justices and State Court Administrators on Access for Limited English Proficient Persons to State Court Proceedings
- Judicial Bench Card for Court Interpretation
- Serving Limited English Proficient Immigrant Victims**
- Chapter 1.4: Laws Governing Law Enforcement Agency Provision of Language Assistance to Limited English Proficient Persons
Know Your Rights Information
- DHS Interactive Infographic on Protections for Immigrant Victims
- Immigration Options for Victims of Crime -DHS Brochure
- Multilingual Materials for Victims and Advocates
- Pathways to Immigration Relief for Students
- 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
- Immigration Relief for Abused Children
- Special Immigrant Juvenile Status: Information for Juvenile Courts
- Special Immigrant Juvenile Status: Information for Child Welfare Workers
- USCIS Brochure: Female Genital Mutilation or Cutting
DHS Immigration Policies