In-Person Training Recording (July 17, 2023)
Description
Immigrant victims of crime are often reluctant to call police for help or to participate in the criminal justice process. In cases involving domestic and sexual violence the barriers are compounded, as victims often face immigration-related abuse and threats of deportation.
This training will provide law enforcement, prosecutors, and system-based advocates with information on the U and T visa programs, including how these programs enhance victim and community safety by increasing victim participation in the criminal justice process and ultimately holding offenders accountable.
You will learn what you can do when you receive requests for certification in the context of victim and offender dynamics, as well as pretrial and trial strategies to counter common defenses in cases involving immigrant victims of crime.
Faculty
- Officer Michael LaRiviere, Salem MA Police Dept.
- Leslye Orloff, NIWAP, Director
- Jane Anderson, AEquitas, Senior Attorney Advisor
- Tara Patet, Supervising Attorney, St. Paul Attorneys’ Office
If you are a law enforcement officer, prosecutor, or a victim advocate or other staff working for a law enforcement or prosecution agency and are working with immigrant victims and you would like to receive case specific technical assistance on immigration protections for immigrant survivors of domestic and sexual violence victims and their children, please call NIWAP (National Immigrant Women’s Advocacy Project) for technical assistance at (202) 274-4457 or email us at info@niwap.org.
Materials marked ** are webpages available on the NIWAP web library.
Materials marked * are website links to available resources.
More tools for law enforcement and prosecution agencies are available in NIWAP’s web library http://niwaplibrary.wcl.american.edu/training-materials-prosecutors.
Law Enforcement and Prosecutor Roundtables:
NIWAP offers Virtual Roundtables peer-to-peer learning opportunities exclusively for officials and staff working for law enforcement and prosecution agencies. Sign up here.
NIWAP’s roundtables are led by law enforcement and prosecutor faculty, offer an opportunity for peer-to-peer learning, can be joined on-line of by conference call, and provide ongoing training and technical assistance to officers and staff at law enforcement and prosecution agencies. When you sign up you choose the list exclusively open to staff working at law enforcement and prosecution agencies. You can also elect to sign up for NIWAP’s general outreach list to receive notices of training, webinars, new materials, resources, and policies.
Community of Practice for Victim Advocates: Systems based victim advocates and other victim advocates working for law enforcement and prosecution agencies are encouraged to join NIWAP’s Victim Advocate Community of Practice which provides ongoing peer-to-peer learning opportunities to support victim advocates in their work with immigrant survivors. Sign up to join here.
Law Enforcement, Prosecutor and Systems-Based Victim Advocate Podcast Series
For law enforcement and prosecutors on best practices and special issues that arise in working with immigrant victims. Includes discussions with law enforcement and prosecutor experts on the U visa and the T visa.
NIWAP’s Technical Assistance for Law Enforcement, Prosecutors, and Systems-Based Victim Advocates
- Technical Assistance and Training Flyer – Law Enforcement and Prosecutors (September 27, 2021)
- Technical Assistance and Training on Legal Rights of Immigrant Crime Victims (September 27, 2021)
Forms of Immigration Relief and Screening Tools
- 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 on U Visa Victim Eligibility Process
- Blue Card: Screening for Victims Who Qualify for Immigration Protective Relief (Squad Car Screening Tool)
- Sample Questions for Identifying a Trafficked/Enslaved Person
- Comparison Chart of U visa, T Visa, Violence Against Women Act (VAWA) Self-Petition, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA)
Know Your Rights Information
- DHS Interactive Infographic on Protections for Immigrant Victims
- DHS Brochure: Immigration Options for Victims of Crime
- 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
- VAWA Confidentiality Protections, Courthouse Enforcement, and Sensitive Locations Policies at a Glance (December 27, 2021)
- Brochure: Continued Presence & Temporary Immigration Status for Victims of Human Trafficking
- Office on Trafficking in Persons Child Certification Handout
- Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023)
- Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023) – Spanish
- Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023) – Karen
Glossary of Terms for Work with Immigrant Survivors
Prosecutor’s Tools Enhancing Work with Immigrant Crime Victims
- What has Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims
- Relevancy of a Victim’s Immigration Status in State Criminal Court Proceedings (August 24, 2022)
- VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information
- Certifying Early: When Should You Sign a U or T Visa Certification for a Victim?
- Quick Reference Guide for Prosecutors: U Visa and VAWA Confidentiality Related Case Law
- Family Court Bench Card on VAWA Confidentiality
- VAWA Confidentiality and Discovery Cases (October 18, 2022) **
- How to Argue or Rule on VAWA Confidentiality Protections in Discovery Involving Immigrant Survivors (November 18, 2022)
Department of Homeland Security Publications
- Department of Homeland Security Policies: Important to Work with Immigrant Victims **
- ICE (Immigration and Customs Enforcement) (Immigration and Customs Enforcement) (Immigration and Customs Enforcement) Directive 11005.3 – Using a Victim-Centered Approach with Noncitizen Crime Victims (August 10, 2021)
- Prosecutorial Discretion: Certain Victim, Witnesses and Plaintiffs
- USCIS, U Visa Certification Resource Guide (February 28, 2022)
- USCIS, T Visa Certification Resource Guide (October 20. 2021)
- DHS: U and T Visa Law Enforcement Resource Guide
- USCIS U Visa Certification Fact Sheet Q&A
- US Immigration and Customs Enforcement (ICE), Center for Countering Human Trafficking, Continued Presence Resource Guide (July 2021)
- USCIS: U Visa Demographics: U Visa Report (March 2020)
- USCIS U Visa Report: U Visa Filing Trends (April 2020)
- USCIS: Trends in U Visa Law Enforcement Certifications, Qualifying Crimes and Evidence of Helpfulness (July 2020)
- USCIS U Visa Report Technical Appendix (July 2020)
- USCIS Policy Manual Chapter 6 — U Visa Waiting List (June 14, 2021)
- USCIS Bona Fide Determination Process Flowchart (June 14, 2021)
- Blue Campaign: What You Can Do- Recognizing and Supporting Trafficking Victims in the Courtroom
Violence against Women Act (VAWA), U Visa and T Visa Legislative History
U and T Visas
- U Visa Certification and T Visa Declaration Toolkit for Law Enforcement Agencies and Prosecutors (August 30, 2021)
- U-Visa Checklist: “Helpfulness”
- U Visa Certification and T Visa Declaration Toolkit for Federal, State and Local Judges, Commissioners, Magistrates and Other Judicial Officers (June 17, 2021)
- U Visa Quick Reference Guide for Judges (October 14, 2020)
- International Association of Chiefs of Police (IACP) 2018 Resolution on Education and Awareness of U and T Visa Certifications
- Model Policy for Interactions with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations
- Discussion Paper for Model Policy for Working with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations
- Tip Sheet for Courts Developing U Visa Certification Protocols
- U Visa Certifications: Range of Potential Certifiers
- U Visa Certification Process Flowchart (August 30, 2021)
- U Visa Timeline with Background Checks
- U-Visa Family Member Sponsors
- T Visa Application Flowchart (June 12, 2021)
- T-Visa Flow Chart
- T Visa Timeline with Background Checks
- T Visa Regulations, Policies, and Government Publications (December 29, 2021)
- T-Visa Family Member Sponsors
- DHS Policy Answers to Law Enforcement Reasons for Not Certifying
- U Visa News Articles
- U-Visa Legal Advocacy: Overview of Effective Policies and Practices
- Press Release on the U Visa – Template
- U Visa Resource List
Forms
- DHS: Instructions for Form I-914, Supplement B for T visa Endorsement
- DHS: Form I-918, Supplement B for U Visa Certification
- DHS: Instructions for Form I-918, Supplement B, for U Visa Certification
Webinars
- In Accordance with the Law: When Your Victim Witness Speaks Limited English*
- U Visa: Overview of Certification Presented by Investigator Michael LaRiviere, Salem Police Department
- To reach this module, you will need to sign-in for free access to course https://pbtraining.org/course/u-visa-overview-of-certification/ *
- What Judges, Attorneys, and Prosecutors Need to Know About How VAWA Confidentiality Impacts Discovery in Cases Involving Immigrant Survivors*
- Best Practices and Tools That Build the Capacity of Adult Protective Services to Serve Immigrant Domestic and Sexual Violence Victims **
- VAWA Confidentiality and Protections for Immigrant Victims of Domestic Violence **
- Battered Women’s Justice Project (BWJP) Immigrant Crime Visas: Law Enforcement’s Tool to Strengthen Community Policing **
- Battered Women’s Justice Program (BWJP) Assessing Helpfulness for Immigrant Crime Victims **
- DHS U and T Visa Training Videos **
- Lessons Learned from Law Enforcement: How Collaborations That Result in U Visa Certifications Support Safer Communities **
- Law Enforcement and Advocates Partnering to Better Serve Immigrant Crime Victims **
- Law Enforcement Use of the U Visa (Podcast) **
- An Introduction to Law Enforcement Use of the U-Visa **
- Understanding Helpfulness: for the U Visa Certification and the Ongoing Assistance Requirement **
- Expert Advice for Judges: How to Handle U visa Certification and T Visa Endorsement Requests **
- Obtaining U Visa Certification from Judges in Protection Order, Family, Criminal, and Other State Court Proceedings **
U Visa as a Crime-Fighting Tool
- Stories From the Field: The Crime Fighting Effectiveness of the U Visa (August 23, 2021)
- The Importance of the U-Visa as a Crime-Fighting Tool for Law Enforcement Officials—Views from Around the Country
- Overcoming Fear and Building Trust with Immigrant Communities and Crime Victims (Police Chief Magazine April 2018)
- Protecting Our Communities and Officer Safety
- COPS Dispatch Article: The U visa: An important tool for Community Policing
- How Law Enforcement Is Using the U-Visa Practice Brief
- Transforming Lives Study Provides Evidence-Based Support for The Effectiveness of the VAWA and U Visa Programs and the DHS U Visa Bona Fide Policy That Provides Earlier Access Deferred Action and Work Authorization to Applicants (June 14, 2021)
- Promoting Access to Justice for Immigrant Crime Victims and Children: Findings of a National Judicial Survey and Recommendations
State U and T Visa Certification Laws
Minnesota
- Minneapolis Ordinance, Chapter 19. Employee Authority in Immigration Matters
- Minn. Stat. Section 611A.95
- Minnesota v. Daniel Salvador Niola Agudo
- Minnesota v. Jamie Leigh Larson
- Minnesota v. Jose Isidro Ontiveros-Silverio
- Minnesota v. Carlos Antonio Banegas Rodriguez
- Minnesota v. Terrance Robert Love
- Minnesota v. Velasquez-Lazo
Other States
VAWA Confidentiality
- VAWA Confidentiality Statutes, Legislative History, and Implementing Policy (2.23.17)
- Three Prongs of VAWA Confidentiality
- Chapter 3 of Empowering Survivors: VAWA Confidentiality, History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections
- Utilizing VAWA Confidentiality Protections in Family Court Proceedings (69-84) ** in Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights https://www.civicresearchinstitute.com/online/article_abstract.php?pid=6&iid=1269&aid=8306;* and https://www.courts.ca.gov/documents/BTB24-PreCon1E-11.pdf
- Quick Reference: VAWA Confidentiality Protections: Quoting Statutes, Regulations and DHS Policies (June 12, 2021)
- Quick Reference Guide for Judges: VAWA Confidentiality & Discovery Related Case Law
- Quick Reference: VAWA Confidentiality Protections – Quoting Statutes Regulations and Department of Homeland Security Policies
- VAWA Confidentiality Protections, Courthouse Enforcement, and Sensitive Locations Policies at a Glance (December 27, 2021)
Language Access
- Questions to Use for Crime Scene Identification of LEP (Limited English Proficient)
- Why Using an Interpreter is Beneficial to Law Enforcement
- Dos and Don’ts to Help Identify LEP Persons
- Language Identification Card – DeKalb County Magistrate Court’s Compliance Project, Caminar Latino, Men Stopping Violence, Raksha, Inc, Tapestry, Inc, and Women’s Resource Center to End Domestic Violence
- Laws Governing Law Enforcement Agency Provision of Language Assistance to LEP Persons
- Important Tips to Remember When Using an Interpreter
- NAJIT (National Association of Judiciary Interpreters and Translators) (National Association of Judiciary Interpreters and Translators) Code of Ethics and Professional Responsibilities
- U.S. Department of Justice Sample Limited English Proficiency Guidelines from Office of Justice Programs “Center City Police Department”
- Translation Requirements for Vital Documents, Intake, and Notice of LEP Assistance for DOJ and HHS Grantees serving Immigrant Crime Victims
- Police Executive Research Forum – Community Policing in Immigrant Neighborhoods: Stories of Success
- Steps for Obtaining Interpreters
- Code of Conduct for Court Interpreters- Washington State Interpreters Program
- Tips for Working Effectively with Telephone Interpreters
- Are you Compliant with Title VI Self-Assessment Tool
- Federal Register: Improving Access to Services for Persons with Limited English Proficiency: Executive Order 13166 (August 11, 2000)
- DOJ: Executive Order 13166 Limited English Proficiency Resource Document: Tips and Tools from the Field
- Language Access Assessment and Planning Tool for Federally Conducted and Federally Assisted Programs
- 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 (11-24) in Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights https://www.civicresearchinstitute.com/online/article_abstract.php?pid=6&iid=1269&aid=8306; and https://www.courts.ca.gov/documents/BTB24-PreCon1E-11.pdf
- Language Access Materials for Police and Prosecutors (Updated 10/16/2019)
- Language Access Training Materials (Updated June 18, 2019)
Language Access Resources for Law Enforcement and Prosecutors from Technical Assistance Providers
- Asian Pacific Institute on Gender-Based Violence: Language Access *
- VERA Institute of Justice: Translating Justice Program *
- National Immigrant Women’s Advocacy Project, American University, Washington College of Law **
- National Center for State Courts: Language Access Programs by State *
- Casa de Esperanza *
- National Association of Judiciary Interpreters and Translators (NAJIT): Interpreter and Translator Database*
- Limited English Proficiency (A Federal Interagency Website): Department of Justice guidance and technical assistance for language access regulations *
- National Indigenous Women’s Resource Center: Language Access *
- National Congress of American Indians: Language Access *
- Center for Court Innovations: Tribal Access to Justice Innovation *
Collaboration
- Immigrant and LEP Victims’ Access to the Criminal Justice System
- U Visa Legal Advocacy: Overview of Effective Policies and Practices
- Building Trusting Relationships: A Guide for Advocates/Attorneys Working with Law Enforcement (LE) on U-Visa Certification Issues (Flow Chart)
- Immigration Status: Work Authorization, Public Benefits, and Ability to Sponsor Children (December 30, 2021)
VAWA Self-Petition
- VAWA Self-Petitioning Introduction and Flow Charts
- Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases
- VAWA Self-Petition: Protections for Immigrant Survivors of Domestic and Sexual Abuse by Abusive Spouses and Parents (Webinar – April 22, 2020, with Materials and Q & A Answers) **
- VAWA Self-Petition Timeline with Background Checks (June 12, 2021)
Public Benefits for Systems-Based and Other Victim Advocates
- All State Public Benefits Charts and Interactive Public Benefits Map (Webpage 2022) **
- State-Funded Public Benefits Comparison Chart (April 12, 2021)
- State by State Demographics (Webpage) **
- Interactive State Benefits Map
- Guide to the Public Benefits Map
- Privacy Protections for Immigrants Applying for Public Benefits
- Anti-Discrimination Provisions That Apply to Programs Receiving Federal Funding Services Victims of Violence Against Women Crimes
- Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status
- Flow Chart Public Charge Test and Housing Benefits
- Infographic Public Charge and Housing Benefits
- Public Charge Ground of Inadmissibility and Immigrant Crime Victims
**If you have difficulty accessing this publication, please contact for assistance NIWAP at (202) 274-4457 or info@niwap.org