STATE SUMMIT: Enhancing Skills in working with immigrant ...

STATE SUMMIT: Enhancing Skills in working with immigrant ...

Law Enforcement and Prosecution Best Practices: Immigrant Crime Victims, Language Access and the U Visa Gulf Coast Center for Non-violence Conference Biloxi, Mississippi August 14, 2018 National Immigrant Women's Advocacy Project at the American University Washington College of Law Participant Introductions, Goals and Expectations National Immigrant Women's Advocacy Project at the American University Washington College of Law Learning Objectives

By the end of this workshop, you will be able to: Understand how investigations can be improved by using language access tools Hold offenders more accountable by using the U Visa certification process as a crime fighting tool Enhance victim safety and participation in the criminal justice system Enhance officer/victim/community safety using language access and certification programs National Immigrant Women's Advocacy Project at the American University Washington College of Law General Caveats Women, men and children can qualify for U Visas Victims of almost all violent crimes, and many other crimes are eligible to apply for

U Visas That said, many examples that will be used throughout this presentation will refer to female victims of domestic violence and/or sexual assault National Immigrant Women's Advocacy Project at the American University Washington College of Law How Best Practices in Domestic Violence Investigations Promote Officer Safety 5 PROTECTIONS FOR IMMIGRANT VICTIMS CONSIDERATION S

Must be in the US on account of the trafficking Law enforcement certification is encouraged but not required To apply: USCIS Form I914 If approved, benefit provides: 1.Asylee status 2. Work authorization

3.Federal social services benefits 4.Ability to apply for permanent status 1.Up to four years of temporary nonimmigrant status 2. Work authorization 3.Federal social services benefits 4.Ability to apply for permanent status T VISA For victims

of trafficking CONSIDERATION S Must fear persecution on account of race, religion, nationality, political opinion, or membership in particular social group If approved, benefit provides:

CONSIDERATION S MMuusstt hhaavvee jjuuvveenniillee ccoouurrtt oorrddeerr For victims of abuse, abandonment, or neglect by one or both parents Perpetrator must be US citizen or Lawful Permanent Resident spouse or parent or US citizen adult son or daughter

To apply: USCIS Form I360 VA WA For victims of Domestic Violence married to US citizens or permanent residents U

VISA ASYLU M Form ITo apply: 589 USCIS or Immigratio n Judge CONSIDERATIONS For victims of persecution SIJS Special

Immigrant Juvenile Status for child victims To apply: USCIS Form I360 If approved, benefit provides: 1.Protection from removal 2. Work authorization 3.Ability to apply for permanent status

For victims of Domes- tic Violence, Sexual Assault, Felonious Assault, Trafficking, Other Serious Crimes If approved, benefit provides: 1.Protection from removal 2. Work authorization 3.Ability to apply for permanent status CONSIDERATION S

Qualifying crime must be in the US or have violated US law Must have law enforcement certification To apply: USCIS Form I918 If approved, benefit provides: 1.Up to four years of temporary nonimmigrant status

2. Work authorization 3.Ability to apply for permanent status CONTINUED PRESENCE For victims of trafficking To ICE - Federal apply: law enforcement must seek this protection for

you If approved, benefit provides: CONSIDERATIONS Victims of a severe form of human trafficking and who may be potential witnesses, or filed a civil action Law enforcement support is required 1.Protection from removal designation may be granted initially for a period of 2 years and renewed in increments of up to 2 years

2. Work authorization 3. Access to federal social services benefits National Immigrant Women's Advocacy Project at the American University Washington College of Law DHS.GOV/BLUECAMPAIGN DYNAMICS OF DOMESTIC VIOLENCE EXPERIENCED BY BATTERED IMMIGRANTS National Immigrant Women's Advocacy Project at the American University Washington College of Law Department of Homeland Security

8 Immigration Related Abuse Refusal to file immigration papers on spouse/child/parents behalf Threats or taking steps to withdraw an immigration case filed on the survivors behalf Family or work based visas Forcing survivor to work with false documents Threats/attempts to have her deported Calls to DHS to turn her in have her case denied National Immigrant Women's Advocacy Project at the American University Washington College of Law Coercive Control Over Immigration Status

Among abusive spouses who could have filed legal immigration papers for survivors: 72.3% never file immigration papers The 27.7% who did file had a mean delay of 3.97 years. 65% of immigrant survivors report some form of immigration related abuse (NIJ, 2003) *Edna Erez and Nawal Ammar, Violence Against Immigrant Women and Systemic Responses: An Exploratory Study (2003) National Immigrant Women's Advocacy Project at the American University Washington College of Law What barriers and fears prevent immigrant victims from reporting crime?

National Immigrant Women's Advocacy Project at the American University Washington College of Law If they report They will be deported Offender will retaliate Harm them Harm family members, children Nothing will happen Cannot communicate with officers National Immigrant Women's Advocacy Project at the American University Washington College of Law Major Challenges in working with Immigrant Victims of Crime 1. Fear of deportation

2. Language 3. Lack of knowledge of legal rights 4. Do not trust that police/prosecutors will help them 5. Lack of reporting and/or cooperation as the case moves forward National Immigrant Women's Advocacy Project at the American University Washington College of Law What countries do the victims in your jurisdiction come from?* *These slides were produced by The National Immigrant Womens Advocacy Project (NIWAP) at American University, Washington College of Law and Legal Momentum and was supported by Grant Number 2011-TA-AXK002 awarded by the Office on Violence Against Women, Office of Justice Programs, U. S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. National Immigrant Women's Advocacy Project at the American University Washington College of Law

Mississippi Demographics (2016)* Total foreign born population 58,766 2% of the states 3 million people are foreign born o 40% naturalized citizens o 17.5 lawful permanent residents and temporary status o 42.5% undocumented http://www.migrationpolicy.org/data/unauthorized-immigrant-population/state/MS 47.3% rise in immigrant population from 2000 to 2016 5% of children in the state under age 18 have 1 or more

immigrant parents o 88.9% of children with immigrant parents in the state are U.S. native. *Source: http://www.migrationpolicy.org/data/state-profiles/state/demographics/MS (Feb. 2018) 15 American University Washington College of Law 15 Mississippi Countries/Regions of Origin and Limited English Proficiency (2016)*

Americas 47.9% Mexico (30%) South America (4.2%) Canada (3.1%) Asia 31.2% China (6.7%) India (6.1%) Philippines (6%) Vietnam (5.5%) Japan (2.4%) Europe 8.9% Germany (2.5%) United Kingdom (1.7%) Africa 5.4% Middle East 3.2%

Limited English Proficiency (Speak English less than very well) Naturalized citizens 26.9% Non-citizens 51.8% Languages Spoken at Home Spanish (67,256) Vietnamese (5,951) French (3,983) Mandarin or Cantonese (3,740) German (3,116) Tagalog (2,837) Arabic (2,114) *Source: https://www.migrationpolicy.org/data/state-profiles/stat e/language/MS (Feb. 2018)

American University Washington College of Law 16 Language Access Best practices to successfully investigate and prosecute cases involving non-English speaking victims National Immigrant Women's Advocacy Project at the American University Washington College of Law Source of Language Access Laws Title VI- No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial aid assistance.

LEP Executive Order 13166 (2001) Requires all agencies receiving any federal financial assistance to Ensure meaningful language access Develop and implement language access plans Where the denial or delay of access may have life or death or other serious implications, the importance of the full and effective delivery of LEP services is at its zenith. National Immigrant Women's Advocacy Project at the American University Washington College of Law What is Meaningful Access? Meaningful access is defined in the US Department of Justices own Language Access plan as: Language assistance that results in accurate, timely and effective communication

at no cost to the LEP individual. For LEP individuals, meaningful access denotes access that is not significantly restricted, delayed or inferior, as compared to programs or activities provided to English proficient individuals National Immigrant Women's Advocacy Project at the American University Washington College of Law Interpretation The conversion of spoken language into another language verbally What is your name? Cmo Se Llama?

Me llamo Raquel National Immigrant Women's Advocacy Project at the American University Washington College of Law Translation The conversion of written text from one language into the written text of another language National Immigrant Women's Advocacy Project at the American University Washington College of Law Use of 1st person Officer: Sir, can you tell me what happened?

Interpreter (into the other language): Sir, can you tell me what happened? Victim: I was hit in the face repeatedly. Interpreter (into the other language): I was hit the face repeatedly. National Immigrant Women's Advocacy Project at the American University Washington College of Law No 3rd Person Officer (to interpreter): Can you ask the victim what happened? Interpreter (into the other language to victim): Can you ask the victim what happened? Victim: ??????? National Immigrant Women's Advocacy Project at the American University Washington College of Law

DOJ Model Guidance Police provide free language access to: LEP persons who request it When officer decides it is helpful to the criminal investigation or prosecution Police will inform members of the public that language assistance is available free of charge Language access provided in persons primary language DOJ Sample Policy Center City Police Department DOJ Approach to language access outline in: Steps for Obtaining Interpreters National Immigrant Women's Advocacy Project at the American University Washington College of Law First responders What do you do

when you arrive at a crime scene? National Immigrant Women's Advocacy Project at the American University Washington College of Law First Response Locate and secure the scene Are there any weapons? Is anyone injured? Identify the people involved Victim Offender

Witnesses If offender is not on the scene Where is the suspect? Are they a continuing danger? Is suspect in possession of weapon? National Immigrant Women's Advocacy Project at the American University Washington College of Law What do you do when the people at the scene are limited English proficient? How can you get the information you need to secure the scene? National Immigrant Women's Advocacy Project at the American University Washington College of Law

DOJ and Exigent Circumstances Use the most reliable temporary interpreter available to address exigent circumstances Fleeing suspect Weapons Life threatening to the officer /victim/or public National Immigrant Women's Advocacy Project at the American University Washington College of Law DOJ Requirements for Investigations & Interrogations A qualified interpreter shall be used for any interrogation or taking of a formal statement where the suspect or witness legal rights could be adversely impacted Criminal interrogations Crime witness interviews

Vital written materials translated into primary language Miranda warnings National Immigrant Women's Advocacy Project at the American University Washington College of Law What is a Qualified Interpreter? Category for languages that certification does not exist but the interpreter has: completed interpreter training and has experience interpreting. Certified by the United Nations for Conference Interpreters (28 U.S.C. 1827). This is different than a Certified Interpreter

National Immigrant Women's Advocacy Project at the American University Washington College of Law 30 Using Qualified Interpreters Benefits Safety ID offender Locate weapons Admissible statements (excited

utterances) Harms Mistaken ID of offender Arrest of victim Misinterpretation results in inaccurate statements Trauma to children National Immigrant Women's Advocacy Project at the American University

Washington College of Law Bilingual Officer v. Interpreter Bilingual officers When they are interpreting, they are not investigating Biculturalism v. bilingualism Different words have different meanings: e.g.: Variations on the word highway depending on what state youre from. 500 feet many communities dont know what that distance looks like. National Immigrant Women's Advocacy Project at the American University Washington College of Law

First responders Now that emergency is over what are the next steps in the investigation ? National Immigrant Women's Advocacy Project at the American University Washington College of Law The Investigation Begins

Call detective Call fire/rescue Take initial statements Call crime scene Photograph Formal interviews at the station Develop probable cause Prepare case for prosecution National Immigrant Women's Advocacy Project at the American University Washington College of Law Other Encounters With LEP Victims Dispatch Walk into station Referrals from other agencies

CPS, APS, Family Justice Center How would you identify the langauges? National Immigrant Women's Advocacy Project at the American University Washington College of Law Language Resources Language line Video remote interpretation

Video relay interpretation Department interpreters line developed in response to large local refugee population Immigrant community based organization partners Health care providers School systems Court systems National Immigrant Women's Advocacy Project at the American University Washington College of Law Tips for Working with Interpreters Control the interview Pre-session with the interpreter Where are they located? Establish what your rules are Hand Signals

Interpreter has to interpret everything that you say Example: when you are explaining confidentiality National Immigrant Women's Advocacy Project at the American University Washington College of Law Red Flags Can you understand the interpreter? Does the LEP person look confused? Does the interpreter appear confused? Is the interpreter engaging in side

conversations? Is the interpreter summarizing? Is there a change in the individuals demeanor? Are they using English words? National Immigrant Women's Advocacy Project at the American University Washington College of Law Interpretation Best Practices Evaluation systems Interpreter uses a dictionary, takes notes Interpreter comfortable with subject matter of the case Address cultural experiences ahead of time Ensure that they do not know the parties If using telephonic interpreters: first ask where they are located

Team interpreting and interpreter breaks National Immigrant Women's Advocacy Project at the American University Washington College of Law U Visas as a Crime Fighting Tool Improving the reporting, investigation, and prosecution of violent crime & keeping everyone safer National Immigrant Women's Advocacy Project at the American University Washington College of Law What, if anything, do you know about U Visas?

National Immigrant Women's Advocacy Project at the American University Washington College of Law Overview of the U Visa What is the U visa? Purpose: Why does it exist? National Immigrant Women's Advocacy Project at the American University Washington College of Law U Visa Basics Law enforcement certification is just one part of the overall process it does not = citizenship Meant to promote reporting of crime Targets offenders who prey on most vulnerable victims Offender may be citizen or non-citizen Can be revoked

Increases immigrant victim participation in criminal justice system National Immigrant Women's Advocacy Project at the American University Washington College of Law Purpose of Crime Victim Protections Congress enacted VAWA self-petitioning (1994) and the U and T visas (2000) to: Improve community policing and community relationships Increase prosecution of perpetrators of crimes against immigrant victims Allow victims to report crimes without fear of deportation Enhance victim safety Keep communities safe National Immigrant Women's Advocacy Project at the American University Washington College of Law

Major Forms of Relief VAWA self-petition Abuse by US citizen or lawful permanent Spouse, former spouse, parent, step-parent, over 21year old child Special Immigrant Juvenile Status Immigrant children abused, abandoned or neglected by one of their parents (U.S. or abroad) U Visa T Visa National Immigrant Women's Advocacy Project at the American University Washington College of Law Department of Homeland Security

DHS Video 1 National Immigrant Women's Advocacy Project at the American University Washington College of Law U Visa Requirements Victim of a qualifying criminal activity Has been, is being, or is likely to be helpful in Detection, investigation, prosecution, conviction or sentencing Suffered substantial physical or mental abuse as a result of the victimization Possesses information about the crime Crime occurred in the U.S. or violated U.S. law National Immigrant Women's Advocacy Project at the American University Washington College of Law

U Visa Criminal Activities (11/2011 data) Domestic violence 45.9% Rape, sexual assault, incest, trafficking 30.4% Felonious assault, murder, manslaughter 9.9% Kidnapping, being held hostage, unlawful criminal restraint, torture 8.47% Blackmail, extortion, perjury, obstruction of justice, attempts, conspiracy, solicitation 5.3% National Immigrant Women's Advocacy Project at the American University Washington College of Law

Qualifying Criminal Activity Domestic violence Sexual assault Rape Incest Prostitution Torture Female genital mutilation Felonious assault Manslaughter Murder

Kidnapping Abduction Trafficking Involuntary servitude Slave trade Being held

hostage Peonage Fraud in Foreign Labor Contracting False Imprisonment Blackmail Extortion Witness tampering Obstruction of justice Perjury Stalking *Attempt, conspiracy or solicitation to commit any of these crimes any similar activity

National Immigrant Women's Advocacy Project at the American University Washington College of Law Who can apply? Victims of qualifying criminal activity Parents and guardians can apply as an indirect victim if: the victim is a child under 21 years of age and/or is incompetent, incapacitated, or deceased due to murder or manslaughter Bystanders victimization very limited For child victims a next friend can provide helpfulness National Immigrant Women's Advocacy Project at the American University Washington College of Law

Who Can Certify? law enforcement &law enforcement agencies = Federal, state, and local Police, sheriffs, FBI, HSI, ATF Prosecutors Judges, magistrates, Commissioners Departments of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) Child and elder abuse investigators and agencies Other government

agencies National Immigrant Women's Advocacy Project at the American University Washington College of Law U Visa Certification Considerations What criminal activity occurred? Identify the victim or indirect victim Note injuries observed, if any Determine helpfulness of the victim Determine if any family members were implicated in the crime National Immigrant Women's Advocacy Project at the American University Washington College of Law Things to Know About Certifying

Do I believe this person was a victim of a qualifying crime? Did the person assist or willing to assist in detection, investigation, conviction, prosecution and/or sentencing? Question is NOT: Can we prosecute the crime? Can I arrest the offender? Do I have proof beyond a reasonable doubt? Will the prosecutors office file charges? Is this within the statute of limitations? Did we get a conviction? National Immigrant Women's Advocacy Project at the American University Washington College of Law How will a U visa certification request come to you? From victim advocate or immigration

attorney As a police officer you are the first responder As a prosecutor you might have continued contact with the victim and might be first to identify victims U visa eligibility National Immigrant Women's Advocacy Project at the American University Washington College of Law When should you certify? National Immigrant Women's Advocacy Project at the American University Washington College of Law Timeline Certification must be included in the initial application for a U Visa Once the initial application is processed:

Victim is entered into a database and flagged as an applicant for a U Visa Immigration proceedings will not be initiated Offender can not intimidate with threats National Immigrant Women's Advocacy Project at the American University Washington College of Law Certifying Early PRO S CON S ust Establish tr

rt Build rappo Protect from offender m Protect fro deportation victim Accusation that r is lying fo nefit ig imm ration be National Immigrant Women's Advocacy Project at the American University Washington College of Law

The U Visa Application Process Certification Application & supporting documentati on Decision by DHS Typical length of process = 36 - 48 months National Immigrant Women's Advocacy Project at the American University Washington College of Law

DHS Decision Were they a victim of a qualifying crime? Did they suffer substantial harm as a result of victimization? Assess whether the victim unreasonably did not comply with requests from law enforcement (helpfulness) Is the victim admissible? Review of criminal history Review of immigration history National Immigrant Women's Advocacy Project at the American University Washington College of Law U Visa Facts Only 10,000 U visas can be granted annually The U visa grants a temporary 4 year stay Only some U visa holders will qualify for lawful permanent residency no guarantee

U.S. citizenship can only be attained after lawful permanent residency for 5 years + proof of good moral character National Immigrant Women's Advocacy Project at the American University Washington College of Law How does law enforcement and prosecution benefit from the U visa? National Immigrant Women's Advocacy Project at the American University Washington College of Law U Visa Benefits to Law Enforcement and Prosecutors

Encourages victims to report crimes Improves investigation and prosecution of violent crimes Increases potential to convict most dangerous criminals Demonstrates commitment to protecting immigrant community members Enhanced immigrant community involvement Makes it easier to identify victim witnesses Reduces repeat calls and recanting victims Fosters community policing partnerships Enhances officer and community safety National Immigrant Women's Advocacy Project at the American University

Washington College of Law 62 Helpfulness Hypotheticals Small Group Activity Is this person eligible for a U Visa certification? Stories handout National Immigrant Women's Advocacy Project at the American University Washington College of Law Helpfulness in the Regulations Statute and DHS regulations: has been helpful, is being helpful or is likely to be helpful in the Detection, or investigation, or Prosecution, or conviction or Sentencing

There is no degree of helpfulness required Law enforcement may complete U visa certification once they assess victims helpfulness The investigation or prosecution can still be ongoing National Immigrant Women's Advocacy Project at the American University Washington College of Law Helpfulness can be satisfied even if:

Victim reports a crime where theres no further investigation Report is of past crime that the victim did not report at the time Perpetrator absconds or is subject to immigration removal The perpetrator is being prosecuted for a different crime Victim is not needed as a witness Victim is dead (indirect victim qualifies) Perpetrator is dead Victim has a criminal history or is subject to immigration enforcement Victim fully discloses story after better understanding rights, the U-visa and meaningful language access National Immigrant Women's Advocacy Project at the American University Washington College of Law What does it mean for a victim to unreasonably refuse to provide

assistance? National Immigrant Women's Advocacy Project at the American University Washington College of Law Why would a victim report a crime and then refuse to participate in the ensuing investigation and trial? National Immigrant Women's Advocacy Project at the American University Washington College of Law Reasons for Refusing to Cooperate Fear of reprisal Continued threats or violence Pressure from either family Financial hardship Lesser of two evils

National Immigrant Women's Advocacy Project at the American University Washington College of Law Evaluating Whether Victims Refusal to Provide Assistance/Cooperation was Unreasonable Considerations: Totality of the circumstances, including the nature of the victimization Victims fear or the abuser Trauma suffered Force, fraud or coercion National Immigrant Women's Advocacy Project at the American University Washington College of Law If you still believe the victim is unreasonably refusing

Note on the certification, sign, and return to victim or victims attorney Burden shifts to victim to prove the refusal is not unreasonable DHS makes the ultimate decision National Immigrant Women's Advocacy Project at the American University Washington College of Law U-visa Application Victim Flow Chart Criminal activity occurs. IF: The victim has been helpful, is being helpful, or is likely to be helpful to law enforcement OR

The victim is under 16 years of age and victims parent, guardian, or next friend has been helpful, is being helpful, or is likely to be helpful to law enforcement OR The victim is 21 years of age or older and is deceased due to the criminal activity, incapacitated, or incompetent; the spouse and/or children under 21 of the victim have been helpful, are being helpful or are likely to be helpful to law enforcement OR The victim is under 21 years of age and is deceased due to the criminal activity, incapacitated, or incompetent; the victims spouse, children, parents, or unmarried siblings under 18 have been helpful, are being helpful or are likely to be helpful to law enforcement THEN Victim (or legal representative) seeks I-918B, Law Enforcement Certification. (if victim is not working with a service provider, law enforcement officers can refer victims at this point.) Victim submits U-visa application to the Victims and Trafficking Unit of USCIS showing that the victim meets each of the U-visa eligibility requirements. The application includes*: U visa application form Form I-918 Law Enforcement Certification Form I-918, Supplement B Documents related to victims identification

Victims signed statement describing the facts of the victimization Any information related to victims criminal history, including arrests Any information related to victims immigration history, including prior deportation Any information related to victims health problems, use of public benefits, participation in activities that may pose national security concerns, and moral turpitude Any information related to the victims substantial physical or mental abuse suffered Other documentation such as police reports, medical records, letters of support from service providers. Eligible family members can also apply. * Other administrative documentation is also required. More information is available at www.legalmomentum.org. Law Enforcement provides victims with: 1. I-918 Law Enforcement Certification signed in blue ink and completed by

a. the head of the certifying agency; OR b. a person in a supervisory role specifically designated by the head of the agency to sign certifications 2. Any supporting documentation such as reports and findings; and 3. In the case of 1b) a letter from the head of the agency designating another person to sign the certification (designee letter). Within about 9 months, victim receives decision on U-visa application. If approved, victim receives work permit. If applications for family members are approved and they are abroad, consular processing begins. Within about 1 month,

victim receives receipt notice from USCIS confirming filing of U-visa application. After 3 years, U-visa holders (victims) apply for lawful permanent residence (green card) The application includes: Adjustment of Status Application- Form I485 Any information related to the victims continuous presence in the U.S. since obtaining U-visa status Any information indicating that USCIS should exercise its discretion to grant lawful permanent residence Any information indicating that the Uvisa holder has not unreasonably refused

to cooperate with an ongoing investigation or prosecution Eligible family members can also apply. Law Enforcement provides victims with: 1. I-918 Law Enforcement Certification signed in blue ink and completed by: a. the head of the certifying agency; OR b. a person in a supervisory role specifically designated by the head of the agency to sign certifications 2. Any supporting documentation such as reports and findings; and 3. In the case of 1b) a letter from the head of the agency designating another person to sign the certification (designee letter). National Immigrant Women's Advocacy Project at the American University Washington College of Law

Department of Homeland Security DHS Video 2 National Immigrant Women's Advocacy Project at the American University Washington College of Law Prosecution Specific Issues National Immigrant Women's Advocacy Project at the American University Washington College of Law 74 Certification Prosecutors can sign certification forms Must be designee

Any certifying agency can certify at any time they have probable cause Certification policies & practices should be discussed at collaborative partner meetings (e.g. CCR) Certifying prosecutor should consider not being the trial prosecutor National Immigrant Women's Advocacy Project at the American University Washington College of Law Strategies to Limit Risk Certify based on information the prosecutor/police have Do not need and should not seek additional information or materials Work with local attorneys and advocates

working with immigrant victims Tell them you will not accept more information Do not accept materials offered/sent National Immigrant Women's Advocacy Project at the American University Washington College of Law Discovery & Due Process Obligations Must provide defense with any materials within the states control that may effect the credibility of any witness or that goes to any witnesses motive to lie or bias 1. Is it within the states control? 2. Does it go to the witness credibility, bias, or motive to lie? National Immigrant Women's Advocacy Project at the American University Washington College of Law

Custody and Control Within Not Within Certification form Accompanying documentation; e.g. police reports, photographs, medical records Communications from immigration attorney Attachments provided to you Materials not provided to you

U visa application VAWA application T visa application Attachments to application Other materials submitted Immigration file Includes existence of & actions taken in the case National Immigrant Women's Advocacy Project at the American University Washington College of Law

Response to Motions to Compel Concede existence of certification Provide copy of certification and only accompanying documents that are in your custody and control Move to quash subpoena for immigration file Confidentiality protections Impermissible fishing expedition Case law National Immigrant Women's Advocacy Project at the American University Washington College of Law #1 Concern: Explicit or implicit accusation that the victim is lying to stay in the country

National Immigrant Women's Advocacy Project at the American University Washington College of Law 80 Cross-Examination It goes to the witness credibility, bias, or motive to lie they can be asked about it. Discuss during voir dire Identify jurors with anti-immigrant attitudes and get them off the jury Prepare victim for cross-examination National Immigrant Women's Advocacy Project at the American University Washington College of Law 81

Rebuttal Testimony Once the defendant has alleged that the victim has a motive to lie, the prosecution can introduce the victims prior consistent statements about the charged crime Door to this testimony call be opened at any time, but is likely done during crossexamination National Immigrant Women's Advocacy Project at the American University Washington College of Law Prior Consistent Statements F.R.E. 801(d)(B) Non-Hearsay Not subject to Crawford Any consistent statement offered to rebut an express or implied charge

that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying to rehabilitate the declarant's credibility as a witness when attacked on another ground National Immigrant Women's Advocacy Project at the American University Washington College of Law Introducing Statements Establish timeline of when victim was told about U Visa and statement made prior to that time Victim statements including 911 call and statements to first responders, friends, family, and advocate

Motiv e to Lie Use these statements Rebut charge that victim is lying to get U Visa Victim Statements 911 call

Statements to first responders Interview by detective Comments made to family, friends, or coworkers Conversation with service providers Community-based v. Systems-based National Immigrant Women's Advocacy Project at the American University Washington College of Law Certify Early PROS Establish trust Build rapport Protect from offender

Protect from deportation CONS Accusation that victim is lying for immigratio n benefit National Immigrant Women's Advocacy Project at the American University Washington College of Law Does your agency have a UVisa policy/procedure ? National Immigrant Women's Advocacy Project at the American University Washington College of Law

Large Group Discussion City of X, Law Enforcement Certification Protocol Are these true or false? Identify any problems with the protocol Note provision numbers How could the protocol be improved? What is missing? MODEL POLICY in USB National Immigrant Women's Advocacy Project at the American University Washington College of Law 88 Victim Assistance Specialist SAC Atlanta

Alia El-Sawi Phone: 404-346-2879 [email protected] National Immigrant Women's Advocacy Project at the American University Washington College of Law Resources Technical Assistance Call: 202.274.4457 Email: [email protected] Materials on U visa and Immigrant Victims Legal Rights Visit http://niwaplibrary.wcl.american.edu U Visa Certification Toolkit DHS Answers to Law Enforcement Reasons for Not Certifying USCIS Q & A on U Visa Certification

Roll call training videos All available at: http://niwap.org/lawenforcement National Immigrant Women's Advocacy Project at the American University Washington College of Law Evaluations Evaluations are in your training packet Certificates National Immigrant Women's Advocacy Project at the American University Washington College of Law Thank You! National Immigrant Women's Advocacy Project at the American University Washington College of Law

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