[pdf] Hawaii Materials Benefits-Confidentiality Training (March 15, 2017) (+)

Materials list covering the following topics: Legal Rights Overview and Brochures; Access to Public Benefits and Services for Immigrant Domestic Violence and Sexual Assault Victims; Child Care; Drivers’ Licenses; Education; Health Care; Shelter and Transitional Housing; Public and Assisted Housing; LIHEAP; Non-Work Social Security Numbers; Public Charge and Immigrant Victims; TANF; VAWA Confidentiality; Legal Services Representation of Immigrant Victims; and Immigrant Victim’s Immigration Options

Webinar-Immigrant Crime Victim Access to Federally Assisted Housing (February 22, 2017)

Training materials and Power Point Webinar Recording Immigrant Crime Victims Access to Federally Assisted Housing (February 22, 2017) Webinar Slideshow NHLP and NIWAP Info Packet with Power Point Slides and Materials (Feb. 22, 2017) Full training materials packet NHLP & NIWAP, PowerPoint Slides for Webinar: Immigrant Access to Federally Assisted Housing (Feb. 22, 2017) Transitional […]

[pdf] Fact Sheet-Immigrant Access to Emergency Shelter and Transitional Housing (Feb 22 2017) (+)

The fact sheet discussed the legal right of immigrant victims of domestic violence, sexual assault, dating violence, stalking and human trafficking, and run away, abused and abandoned children to access shelter and transitional housing. Included are a discussion of anti-discrimination laws and discusses advocacy strategies that advocates and attorneys can use to successfully advocate to have immigrant victim clients accepted in shelters and transitional housing programs.

[pdf] The Law: Immigrants are Legally Eligible for Transitional Housing (February 22, 2017) (+)

Immigrant victims of domestic violence, sexual assault, dating violence, stalking and human trafficking have been eligible for transitional housing historically. The legal right to access transitional housing programs and emergency shelters was first established as part of the welfare and immigration reform legislation in 1996. This right was reaffirmed in 2001 and again in 2016 by federal government agencies including HUD, DOJ, and HHS. Despite this fact some transitional housing programs continue to impose application requirements not required by federal law that impede immigrant and limited English proficient victim access to transitional housing programs necessary to protect life and safety. Many of the application requirements imposed by transitional housing programs immigrant survivors can prove that they meet using alternative forms of evidence from those typically requested by programs. This brochure provides a list of the types of evidence a victim advocate or attorney working with an immigrant victim can gather to prove that immigrant victims, in addition to being legally eligible, also meet program imposed requirements. Advocates and attorneys working with immigrant victims should help them gather any credible evidence to gain admission to transitional housing programs. If you are working with an immigrant victim and have suggestions on other types of evidence that can be used to meet the criteria discussed in this brochure please share them with us so we can add them as examples to this brochure by emailing us at info@niwap.org

This brochure

[pdf] NHLP-Housing Covered by Section 214 (Feb. 2017) (+)

This fact sheet discusses that housing programs that fall within Section 214 of the Housing Act and are subject to immigrant restrictions and are only open to certain categories of immigrants. The section 214 list of immigrants eligible to receive public and assisted housing includes lawful permanent residents and VAWA self-petitioners.

[pdf] Slides Webinar Immigrant Victim Access Federally Assisted Housing (February 22, 2017) (+)

PowerPoint presentation slides for the webinar on access to public and assisted housing, shelter and transitional housing for immigrant victims of domestic violence, sexual assault, stalking, dating violence, trafficking, abused and abandoned immigrant children and immigrant homeless. The document included the PowerPoint presentation and the cover list of documents distributed with the webinar.

[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.

Access to Public and Assisted Housing VAWA Self-Petitioners

January 26, 2017 As a key part of the Violence Against Women Act (VAWA) passed by Congress in 1996 and 2003, battered immigrant spouses and children abused by their U.S. citizen or lawful permanent resident spouses or parents who had filed applications for immigration relief under VAWA have access to public and assisted housing.  For […]

[pdf] HUD VAWA Self-Petitioner Cover Letter (December 22, 2016) (+)

Cover letter to memo from HUD Acting General Counsel to Secretary Castro clarifying that certain immigrant victims battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent spouses have satisfactory immigration status to apply for and access Section 214 public and assisted housing including public and multifamily housing.

[pdf] Eligibility of VAWA Self-Petitioners for Financial Assistance Under Section 214 of the Housing and Community Development Act of 1980 (December 15, 2016) (+)

This memo from HUD’s Acting General Council to Secretary Castro clarifies HUD’s position on the rights of certain noncitizens who are battered or subject to extreme cruelty by a spouse or parent, who is a Untied States Citizen or lawful permanent resident (LPR), to apply for and receive assistance under Section 214 of the Housing and Communality Development Act. Specifically it clarifies that VAWA self-petitioners can indicate they are in “satisfactory immigration status” when applying for assistance or continued assistance from Section 214-covered housing providers (this includes public and multifamily housing). Under this memo VAWA self-petitioners, VAWA cancellation of removal, VAWA suspension of deportation and approved family based visa petition applicants who have been battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent resident spouse or parent are able to stay in public and assisted housing units when the abuser is removed from the unit by a protection order and will also be able to apply for 214 benefits. Battered immigrant spouses and children of citizens and lawful permanent residents will no longer be subject to proration.

2016 OVW Grantee Training “Addressing Culture: Systemic Responses to Underserved Immigrant Populations”

All materials on this page were presented as part of our December 2016 conference: “Addressing Culture: Systematic Responses to Underserved Immigrant Populations.” Documents are listed under the workshop or plenary with which they are associated. Opening Plenary – How to Use Culture, Religion and the Law for Survivor Safety and Justice Opening Plenary Powerpoint (PDF) […]

[pdf] SNAPS In Focus: Addressing the Needs of Human Trafficking Victims (+)

Discusses action plan for serving human trafficking victims. Includes a discussion of the HUD requirement that housing and service providers that they must not turn away immigrants experiencing homelessness or victims of domestic violence or human trafficking, on the basis of their immigration status, from certain housing and services necessary for life or safety – such as street outreach, emergency shelter, and short term housing assistance including transitional housing and rapid rehousing funded through the Emergency Solutions Grants (ESG) and CoC Programs.

[pdf] FAQ Access to FYSB-funded Services for Survivors of Domestic Violence _ Family and Youth Services Bureau _ Administration for Children and Families (+)

The document confirms that immigrant victims have access to HHS Family Violence Prevention Act funded services including shelter and intermediate/transitional housing. It also discusses that anti-discrimination laws that apply.

Joint Agency Letter On Shelters and Transitional Housing

August 12, 2016 Below is an important letter released jointly by the U.S. Department of Housing and Urban Development (HUD), the U.S. Department of Health and Human Services, and the U.S. Department of Justice (DOJ) that reminds recipients of federal funds how the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 applies to their programs. […]

[pdf] HUD-HHS-DOJ-Letter-Regarding-Immigrant-Access-to-Housing-and-Services (+)

This letter reiterates long standing federal policies that immigrants cannot be denied access to certain services necessary to protect life and safety based on their immigration status.
This letter reiterates that immigrants experiencing homelessness,  victims of domestic violence, sexual assault, dating violence, stalking or human trafficking may not be turned away on the basis of immigration status from life and safety services including but not limited to emergency shelters, and short-term housing assistance (including transitional housing and rapid re-housing), crisis counseling and intervention, soup kitchens, community food banks, emergency Medicaid and public health services.
Importantly, this Tri-Agency letter describes the anti-discrimination requirements that apply to all federal grantees and the application of these protections to cases involving immigrants

*Empowering Survivors Table of Contents

This is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, […]

[pdf] How to Advocate for Public and Assisted Housing for Your Battered Immigrant or Trafficking Survivor Client (+)

Although Congress intended VAWA Self-Petitioners and trafficking survivors with T visas or continued presence to have access to public and assisted housing, the current process to access housing is a difficult and complex one for immigrant survivors to navigate on their own. Attorneys and advocates can assist their clients through this cumbersome process by advocating for their clients with the support of detailed documentation to prove that their battered immigrant or trafficking client is indeed eligible for public and assisted housing under the law.

[pdf] Access to Emergency Shelters and Transitional Housing for Battered Immigrants and Immigrant Victims of Crime (+)

The National Immigrant Women’s Advocacy Project (NIWAP) conducted a nationwide survey of advocates, attorneys, government agencies, victim services, and members of the justice system, who were asked to answer a series of questions about immigrant clients (who had been victims of domestic violence, sexual assault, child abuse, or human trafficking) who encountered, needed, or sought access to transitional housing services. This paper will provide an overview of survey participants and will focus on reporting, analyzing, and making policy recommendations regarding the data collected on transitional housing. The survey sought to discover what immigrant survivors of domestic violence, sexual assault, human trafficking, and child abuse are being asked to prove to be able to gain access to transitional housing and whether they are allowed to prove eligibility using the “any credible evidence” standard of proof akin to evidentiary standards used for VAWA immigration cases.

[pdf] Access to Transitional and Emergency Housing for Immigrant Crime Victims (+)

Immigrant victims of domestic violence and child abuse, abandoned, or neglected children and the homeless, including victims of sexual assault at risk of homelessness are entitled to both emergency housing and transitional housing, without regard to their immigration status. However, research has found that immigrant victims are turned away from transitional housing at very high rates. In many instances, advocates and attorneys working with immigrant survivors were/are not aware that battered immigrants and immigrant sexual assault victims are eligible for transitional housing.

[pdf] Family Court Bench Card on Immigrant Crime Victim Access to Public Benefits and Services (+)

This document pertains to a family court bench card on immigrant crime victim access to public benefits and services. It explains the public benefits for undocumented domestic violence victims, and the additional public benefits for domestic violence victims who are lawfully present.

[pdf] NIWAP Survey Findings on Access to Public and Assisted Housing for VAWA Self-petitioners, their Children, and Trafficking Victims (+)

VAWA self-petitioners who are battered immigrant spouses and children of U.S. citizens and lawful permanent residents, and victims of human trafficking with continued presence or T visas are “qualified aliens,” and thus they are legally eligible for public and assisted housing. Although, the U.S. Department of Housing and Urban Development (HUD) is providing access to public and assisted housing for human trafficking victims, there has been an 18 year delay in HUD issuing policies and guidance to agencies and programs nationwide who administer public and assisted housing funds directing them that VAWA self-petitioners and their children are eligible to receive public and assisted housing. HUD’s failure to issue policies implementing 8 U.S.C. Section 1641(c) results in VAWA self-petitioners being precluded from accessing, or remaining and being subject to proration, in public and assisted housing units. As a result many battered immigrant spouses of U.S. citizens and lawful permanent residents who are living in public housing with their abuser are forced to choose between staying in public or assisted housing with their abuser or risk homelessness for themselves and their children.

[pdf] Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status (+)

This brochure contains a list of programs for the protection of life, safety and public health, as well as legal services, which are available to immigrants regardless of their immigration status.

[pdf] Chapter 16.2 Appendix: HUD Programs and Immigrant Eligibility (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter lists the HUD funded programs open to all immigrants without regard to immigration status and the programs whose availability may be limited to “qualified immigrants” as defined by the Personal Responsibility and Work Opportunity Act of 1996 (PRWORA) and immigrants considered “eligible immigrants” under Section 214 of the Housing and Community Development Act.

[pdf] Benchcard: Trafficking Victim Benefits Eligibility Process (+)

This Benchcard discusses the qualifications for Continued Presence status, how to apply for and obtain Office of Refugee and Resettlement benefits eligibility based on Continued Presence, qualifications for T-Visa status, how to apply for a T-Visa, and how to receive benefits after receiving Continued Presence status or a T-Visa. It also outlines the federal and state public benefits and other government-funded programs available to trafficking victims as well as the eligibility period.

[pdf] Immigrants’ Access to Programs and Services Necessary to Protect Life and Safety and Post-Assault Health Care (+)

Information regarding immigrants’ access to programs and services necessary to protect life and safety and post-assault health care. This reading covers the Personal Responsibility and Work Opportunity Act of 1996, the Emergency Medical Treatment and Active Labor Act, community health centers, the Fair Housing Act, the McKinney Homeless Act, and legal services.

[pdf] Somewhere to Turn (+)

A comprehensive manual covering topics such as: domestic violence and battered immigrant issues, cultural competency training, cross-cultural interviewing, recruiting and hiring multilingual and multicultural staff, shelter protocols, outreach and community collaboration, shelter access for battered immigrant women, VAWA immigration cases and victim advocacy confidentiality, creative use of protection orders, protections orders enforcement and criminal prosecution, access to public benefits, verification and reporting requirements under the U.S. Attorney General’s guidance and order, and model programs.

[pdf] HUD Handbook 4350.3: Occupancy Requirements of Subsidized Multifamily Housing Programs (+)

HUD-subsidized multifamily properties represent an important and valuable resource in addressing the nation’s affordable housing needs. The successful delivery of this housing resource to the people who need it depends on effective occupancy policies and procedures. HUD’s occupancy requirements and procedures ensure that eligible applicants are selected for occupancy, that tenants receive the proper level of assistance, and that tenants are treated fairly and consistently. This handbook describes the occupancy requirements and procedures governing the HUD-subsidized multifamily housing programs identified. The handbook addresses the procedures by which households apply for housing and the rights and responsibilities of in-place tenants and property owners. This handbook is addressed to tenants, owners, managers, HUD Field Office Staff, and Performance-Based and Non-Performance Based Contract Administrators.

[pdf] Certification of Domestic Violence, Dating Violence, or Stalking (+)

The Violence Against Women and Justice Department Reauthorization Act of 2005 protects qualified tenants and family members of tenants who are victims of domestic violence, dating violence, or stalking from being evicted or terminated from housing assistance based on acts of such violence against them. This is a certification template of domestic violence, dating violence, or stalking that is to be completed by the victim of domestic violence.

[pdf] Public Housing Occupancy Guidebook (+)

This guide is designed to assist public housing authority staff and HUD with a range of issues related to public housing occupancy, from application for admission and rent calculations through ongoing occupancy to lease termination. The guidebook is intended to provide a handy reference for all aspects of admissions and occupancy administration.

[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] Final Specification of Community Programs Necessary for Protection of Life or Safety Under Welfare Reform Legislation (+)

This publication contains the final version of the Attorney General’s Order which was issued pursuant to sections 401 and 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The Order specifies the types of community programs, services, or assistance for which all aliens remain eligible. This publication also responds to comments submitted regarding the Order.

[pdf] Housing Act. Section 214 (+)

United States code on the public health and welfare in regards to restrictions on the use of assisted housing by non-resident aliens.

[pdf] Benefits for Undocumented Immigrants (+)

This brochure highlights services and benefits that are available to immigrants in the US who do not have proper documentation. It also provides a list of agencies that offer services for immigrants and helpful information that may assist immigrants to navigate New York City’s benefits and services available to themselves and their children.

[pdf] Dreams Lost, Dreams Found: Undocumented Women in the Land of Opportunity (+)

This study was designed to identify problems and social service needs of undocumented Filipina, Latina, and Chinese women in the Bay Area. Undocumented women in the Bay Area are a growing and neglected population in need of services. This study examines the factors causing increased migration by women to the U.S., and how these factors influence women’s lives once they are here. Findings of this study reveal the economic hardship of undocumented women and their families and provide insight into immigrant women’s experiences with domestic violence. This survey was the precursor to the survey conducted in the early 1990s by Ayuda.