Lawyers Manual - Unified Court System
Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System
354 Lori Cohen 117. INS v Aguirre-Aguirre, 526 US 415, 419-20 (1999); Osorio v INS, 18 F3d 1017, 1021 (2d Cir. 1994); INA § 241(b)(3)(B). 118. INA § 208(a)(2)(B); 8 CFR § 208.4(a); § 1208.4(a). 119. 8 CFR § 208.3(b); § 1208.3(b). 120. 8 CFR § 208.16(a); § 1208.16(a) (Asylum officer may not decide withholding claim.) 121. INA § 241(b)(3)(B). 122. 8 CFR §§ 208.16, 208.17; §§ 1208.16, 1208.17. For a more detailed discussion of relief under the Convention Against Torture, see 3 Gordon, Mailman & Yale-Loehr, Immigration Law & Procedure, § 33.10; § 34.07. 123. 8 CFR § 208.18(a), § 1208.18(a) (definition of “torture” under CAT); Zubeda v Ashcroft, 333 F3d 463 (3rd Cir 2003) (rape); Tunis v Gonzalez, 447 F3d 547 (7th Cir. 2006) (female genital mutilation). 124. Eduard v Ashcroft, 379 F3d 182, 195-96 (5th Cir. 2004); 8 CFR § 208.18(b), § 1208.18(b).
Helping Immigrant Victims of Domestic Violence Access Federal and State Public Benefits Victims of domestic violence who are also noncitizens face special constraints on their ability to leave their abusers. For those whose immigration status is uncertain, there is the constant fear that immigration officials will discover their presence and deport them, perhaps forcing them to leave their US-born children behind in the hands of their abusive spouses. Language barriers, economic dependence on the abuser, and fear of the very law enforcement services they must turn to for help strengthen the hold abusers have over their noncitizen spouses. Adding to these difficulties are the complicated immigrant eligibility rules of the benefit programs that are so critical to a victim’s ability to escape the abusive household. These rules, largely by their sheer complexity, erect what often appear to be insurmountable barriers to the achievement of economic independence. In fact, there are special eligibility rules for victims of domestic violence without legal immigration status but who are married to a US citizen or lawful permanent resident (LPR). These victims have access to benefits that would not otherwise be available to undocumented noncitizens. Nevertheless, these rules are often poorly understood and inadequately implemented by the very agencies whose responsibility it is to provide the benefits. 1 It is therefore critical that lawyers and advocates providing assistance to immigrant victims of domestic violence understand these rules sufficiently to assure that their clients receive the benefits to which they are entitled and which are critical to their clients’ ability to leave their abusers. Immigrant Benefits Eligibility Rules in General by Barbara Weiner In 1996, Congress passed welfare reform legislation, the Personal Responsibility and Work Opportunity Reconciliation Act, which sharply 20
- Page 321 and 322: Conclusion Domestic Violence and To
- Page 323: Domestic Violence and Tort Remedies
- Page 327 and 328: The fundamental issues confronting
- Page 329 and 330: Representing Immigrant Victims of D
- Page 331 and 332: Representing Immigrant Victims of D
- Page 333 and 334: Representing Immigrant Victims of D
- Page 335 and 336: Could the Victim be a US Citizen Al
- Page 337 and 338: Representing Immigrant Victims of D
- Page 339 and 340: Representing Immigrant Victims of D
- Page 341 and 342: Representing Immigrant Victims of D
- Page 343 and 344: Representing Immigrant Victims of D
- Page 345 and 346: Representing Immigrant Victims of D
- Page 347 and 348: Asylum and Related Remedies Represe
- Page 349 and 350: Representing Immigrant Victims of D
- Page 351 and 352: Representing Immigrant Victims of D
- Page 353 and 354: Representing Immigrant Victims of D
- Page 355 and 356: Representing Immigrant Victims of D
- Page 357 and 358: ASISTA http://www.asistaonline.org
- Page 359 and 360: Representing Immigrant Victims of D
- Page 361 and 362: Notes Representing Immigrant Victim
- Page 363 and 364: Representing Immigrant Victims of D
- Page 365 and 366: Representing Immigrant Victims of D
- Page 367 and 368: Representing Immigrant Victims of D
- Page 369 and 370: Representing Immigrant Victims of D
- Page 371: Representing Immigrant Victims of D
- Page 375 and 376: Helping Immigrant Victims Access Fe
- Page 377 and 378: Helping Immigrant Victims Access Fe
- Page 379 and 380: Helping Immigrant Victims Access Fe
- Page 381 and 382: Helping Immigrant Victims Access Fe
- Page 383 and 384: Helping Immigrant Victims Access Fe
- Page 385: Helping Immigrant Victims Access Fe
- Page 388 and 389: 370 Dorchen A. Leidholdt Traffickin
- Page 390 and 391: 372 Dorchen A. Leidholdt Before you
- Page 392 and 393: 374 Dorchen A. Leidholdt such as sw
- Page 394 and 395: 376 Dorchen A. Leidholdt keeping he
- Page 396 and 397: 378 Dorchen A. Leidholdt FGM is roo
- Page 398 and 399: 380 Dorchen A. Leidholdt Notes 1. T
- Page 400 and 401: 382 Dorchen A. Leidholdt 17. See In
- Page 403 and 404: 22 Advocating for Youth in Domestic
- Page 405 and 406: Distrust of Authority Advocating fo
- Page 407 and 408: Advocating for Youth in Domestic Vi
- Page 409 and 410: Advocating for Youth in Domestic Vi
- Page 411 and 412: Advocating for Youth in Domestic Vi
- Page 413 and 414: Advocating for Youth in Domestic Vi
- Page 415 and 416: Advocating for Youth in Domestic Vi
- Page 417 and 418: Notes Advocating for Youth in Domes
- Page 419 and 420: 23 Domestic Violence in the Lesbian
- Page 421 and 422: Domestic Violence in the LGBT Commu
354 Lori Cohen<br />
117. INS v Aguirre-Aguirre, 526 US 415, 419-20 (1999); Osorio v INS, 18 F3d<br />
1017, 1021 (2d Cir. 1994); INA § 241(b)(3)(B).<br />
118. INA § 208(a)(2)(B); 8 CFR § 208.4(a); § 1208.4(a).<br />
119. 8 CFR § 208.3(b); § 1208.3(b).<br />
120. 8 CFR § 208.16(a); § 1208.16(a) (Asylum officer may not decide<br />
withholding claim.)<br />
121. INA § 241(b)(3)(B).<br />
122. 8 CFR §§ 208.16, 208.17; §§ 1208.16, 1208.17. For a more detailed<br />
discussion of relief under the Convention Against Torture, see 3 Gordon,<br />
Mailman & Yale-Loehr, Immigration Law & Procedure, § 33.10; § 34.07.<br />
123. 8 CFR § 208.18(a), § 1208.18(a) (definition of “torture” under CAT);<br />
Zubeda v Ashcroft, 333 F3d 463 (3rd Cir 2003) (rape); Tunis v Gonzalez,<br />
447 F3d 547 (7th Cir. 2006) (female genital mutilation).<br />
124. Eduard v Ashcroft, 379 F3d 182, 195-96 (5th Cir. 2004); 8 CFR<br />
§ 208.18(b), § 1208.18(b).
Change language