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III. Access to Justice/Procedural Fairness

III. Access to Justice/Procedural Fairness - This section/page provides resources pertaining to access to justice and procedural fairness.

A. Documents

  • Promoting Access to Justice for Immigrant and Limited English Proficient Crime Victims in an Age of Increased Immigration Enforcement: Initial Report from a 2017 National Survey (May 3, 2018) 120 Pages - “This report explores the impact of that public discussions about immigration, the rise in anti-immigrant sentiment in the public discourse, and the increased federal immigration enforcement are having on immigrant crime victims and their willingness to seek help from courts, police, prosecutors, victim advocates, and attorneys. In particular, we are interested in understanding the experiences of immigrant and limited English proficient (LEP) crime victims in accessing the justice system.”
  • Integrating Procedural Justice in Domestic Violence Cases [Fact Sheet] (August, 2016) 4 Pages - “Research shows that when litigants and defendants perceive the justice system to be fair, they are more likely to comply with court orders and engage in future law-abiding behavior. This fact sheet describes this concept – called “procedural justice” – and offers a few simple strategies for courts and domestic violence stakeholders to enhance procedural justice and improve outcomes for both victims and defendants.”
  • Integrating Procedural Justice in Domestic Violence Cases: A Practice Guide (2015) 26 pages - “This Practice Guide is designed to help courts and domestic violence stakeholders assess their current practices and integrate new strategies to enhance procedural justice. The materials in this guide are based upon promising practices identified through both the Center for Court Innovation’s operating projects and national training and technical assistance.”
  • Procedural Justice: Practical Tips for Courts (October 2015) 11 pages - “This resource was developed as part of a multi-year collaboration involving the Center for Court Innovation, National Judicial College, and the U.S. Department of Justice’s Bureau of Justice Assistance, with guidance from a national advisory board of judges, court administrators, academics, and others. “Practical Tips for Courts” is a compilation of communication strategies that can be used to promote perceptions of fairness. Each of the suggested practices is tied to one or more of these critical dimensions of procedural justice: voice (litigants’ perception that they have an opportunity to be heard), respect (litigants’ perception that the judge and other court actors treat them with dignity), neutrality (litigants’ perception that decisions are made without bias), and understanding (litigants’ comprehension of the language used in court and how decisions are made).”

 B. Video:

  • Access to Justice [8 minutes, 52 seconds] – Discusses access to justice and procedural justice; Understanding accurate immigration law effects for just and fair outcomes; finding accurate information; and immigration relief.
Please note that for some browsers an embedded video will appear automatically.  If the embedded video does not appear, click on either the WMV (Windows Media) or MP4 link to play the video on your preferred media player.

 Access to Justice video clip WMV (Windows Media)

Access to Justice MP4

C. Webinar:

  • Webinar 3, September 15, 2017: When State Family Law and Federal Immigration Laws Intersect: Promoting Access to the Courts and Just Outcomes for Immigrants - This webinar provides an overview of some of the ways immigration law intersects with state family court cases, specifically cases involving domestic violence.  In particular, the judges’ role and judicial ethics of U Visa certification and SIJS findings are explored.  Additionally, this session addresses how access to legally correct information about immigration laws improves outcomes and accountability in custody and protection order proceedings, and promotes access to justice for immigrant families.


DV-Immigration Resources Sections/Pages:

Back to DV-Immigration Resources Overview

II. New Mexico Specific Resources - This section/page provides New Mexico specific Guides and a video clip from the in-person conference discussing New Mexico Diversity.

III. Access to Justice/Procedural Fairness - This section/page provides resources pertaining to access to justice and procedural fairness.

IV. Cultural responsiveness - This section/page provides resources pertaining to Cultural responsiveness.

V. Language Access - This section/page provides resources pertaining to language access.

VI. DV-Immigration Dynamics: Abuse, Power & Control - This section/page provides resources pertaining to the dynamic intersection of DV-Immigration cases including information regarding abuse, power & control.

VII. Immigration Status & Myths - This section/page provides resources pertaining to Immigration status & myths regarding jurisdiction and custody.

VIII. Overview of Immigrant Protections & ReliefThis section/page provides resources pertaining to immigration protections, relief, and remedies

IX. Public Benefits - This section/page provides resources pertaining to public benefits available to immigrant DV victims.

X. State Court Actions: U-Visas & T-Visas - This section/page focuses on two types of immigrant protection and relief: U-Visa & T-Visas certification.

XI. State Court Actions: Special Immigrant Juvenile Status - This section/page focuses on Special Immigrant Juvenile Status (SIJS).

XII.  Civil Protection Orders - This section/page provides information on drafting jurisdictionally sound Protection orders.

XIII. Additional Information: Websites & Documents - This section/page provides links to DV-Immigration websites and additional documents.

This project was supported by Justice for Families Grant No. 2015-FJ-AX-0013 awarded by the Office on Violence Against Women, US Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.