Immigrant Victims in the Justice System -Raquel

Safety planning learns about VAWA, T or U Not Detained Detained Relief granted Appeals exhausted Relief denied Put into immigration proceedings Relief Denied Gets Attorney Relief Granted No Relief Available Remain undocumented, gets victim services Collect documents Removed from US IMMIGRATION MAP

Victim’s 911 Call Victim arrested 911 Call by neighbor Immigrant victim fearful to seek help because of fear of deportation Victim trusts law enforcement Squads Investigate Police U Visa Certification Do they investigate all? Screen for victim’s immigration status ArrestNo Arrest Non-Arrest Report Arrest Report Jail Pre-trial Immigration Detainer Sentencing DHS/ICE Removal of abuser Prosecutor U visa certification Judge U visa certification or Trial DOMESTIC VIOLENCE/ ARREST INCIDENT

Supervised Exchange/Visitation, money required Files for Divorce Family Court Hearing Final Divorce Hearing Custody Evaluation Interviews by Evaluator Custody Awarded Child Support Established Custody Hearing, including issues of parental kidnapping Temporary Custody Abuser introduced evidence about immigration status Abuser raises immigration status as a factor in custody. Abuser undocumented, court imputes income but difficult to get a wage withholding DHS shows up in court Abuser Removed Child Protective System Case Reunification case plan Immigration considerations detention? Home evaluation/ cultural competency issues Reunified Termination of parental rights FAMILY COURT

Immigrant victim tries to access benefit Denied Reported to DHS Children taken away No Benefit Seeks NGO Assistance Receives Benefit BENEFITS MAP

Files CPO Sheriff Serves Respondent Civil Court hearing including creative orders for immigrants CPO Granted CPO Denied DHS shows up at court Abuser introduces immigration status to prevent protection order Must get notice in native language (LEP) U Visa certification signed Temporary/ Permanent PROTECTION ORDER – CIVIL COURT PROCESS

Safety planning learns about VAWA, T or U Not Detained Detained Relief granted Appeals exhausted Relief denied Put into immigration proceedings Relief Denied Gets Attorney Relief Granted No Relief Available Remain undocumented, gets victim services Collect documents Removed from US Victim’s 911 Call Victim arrested 911 Call by neighbor Immigrant victim fearful to seek help because of fear of deportation Victim trusts law enforcement Squads Investigate Police U Visa Certification Do they investigate all? Screen for victim’s immigration status ArrestNo Arrest Non-Arrest Report Arrest Report Jail Pre-trial Immigration Detainer Sentencing DHS/ICE Removal of abuser Prosecutor U visa certification Judge U visa certification or Trial Supervised Exchange/Visitation, money required Files for Divorce Family Court Hearing Final Divorce Hearing Custody Evaluation Interviews by Evaluator Custody Awarded Child Support Established Custody Hearing, including issues of parental kidnapping Temporary Custody Abuser introduced evidence about immigration status Abuser raises immigration status as a factor in custody. Abuser undocumented, court imputes income but difficult to get a wage withholding DHS shows up in court Abuser Removed Child Protective System Case Reunification case plan Immigration considerations detention? Home evaluation/ cultural competency issues Reunified Termination of parental rights Immigrant victim tries to access benefit Denied Reported to DHS Children taken away No Benefit Seeks NGO Assistance Receives Benefit Files CPO Sheriff Serves Respondent Civil Court hearing including creative orders for immigrants CPO Granted CPO Denied DHS shows up at court Abuser introduces immigration status to prevent protection order Must get notice in native language (LEP) U Visa certification signed Temporary/ Permanent