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On Demand

Immigration Relief Tools for Prosecutors: U Visas, T Visas, and Continued Presence


Total Credits: 0.5 Ethics CLE, 1.0 CLE

Average Rating:
   17
Categories:
Crime Victims |  Domestic Violence |  Human Trafficking
Faculty:
Jane Anderson
Duration:
58 Minutes
Format:
Audio and Video
License:
Never expires.


Description

Immigrants can be particularly vulnerable to all crimes, and in particular to domestic violence, sexual assault, and human trafficking crimes.  Offenders often use victims’ immigration status to assert power and control, intimidate, and escape accountability where victims are fearful to report to, and follow up with police and prosecutors.  Various forms of immigration relief exist to increase the reporting of crime and improve victims’ ability to participate in the criminal justice process.  Immigration relief is a powerful tool for law enforcement and prosecutors enhancing their ability to identify dangerous offenders and hold them accountable.  These tools can also help prosecutors maintain relationships with victims; however, there are also challenges that may arise in court when handling cases where the victim is an immigrant.  

This presentation will address legal issues related to discovery and the introduction of immigration status in court, as well as strategies related to jury selection and educating the judge and jury about immigration abuse and relief.  The presenters will also discuss how to counter defense arguments that the victim’s report and testimony were manufactured for the purpose of obtaining an immigration benefit.  Prioritizing victim safety throughout the criminal proceedings while complying with ethical obligations will also be emphasized.

Handouts

Faculty

Jane Anderson's Profile

Jane Anderson Related Seminars and Products

Attorney Advisor

AEquitas


Jane Anderson brings her expertise in prosecuting domestic violence, sexual violence, and human trafficking to her role as an Attorney Advisor with AEquitas.  Prior to joining AEquitas, Jane served as a prosecutor in Miami, Florida where she tried many of the state's first human trafficking cases.  In her role as a founding member of the Human Trafficking Unit, Jane developed policies to better identify and provide necessary services to trafficking victims, while ensuring offender accountability through the use of digital evidence and creative charging decisions.  Jane also served as a supervisor in the Domestic Violence Unit, where she trained new attorneys and oversaw the prosecution of domestic violence, stalking, and violations of protection orders.  Throughout her career, Jane prosecuted felony-level crimes of all types, including homicide, kidnapping, and sexual assault.
Jane graduated cum laude from American University, Washington College of Law and is based in the San Francisco Bay Area.