awarding grants to improve the administration of state courts

Immigration Issues and the State Courts

The Strategic Initiatives Grants (SIG) program provides SJI the flexibility to address national court issues as they occur, and develop solutions to those problems. SJI uses its expertise and the expertise and knowledge of its grantees to address key issues facing courts across the United States. Recent immigration growth is having an impact on state and local courts, including courts along the Southwest Border and other areas of the United States with large immigrant populations. These jurisdictions are dealing with issues such as how to provide culturally appropriate services; increases in gang-crime cases involving immigrants; and the impact of federal and state immigration policies on court operations.

SJI began using the SIG program in FY 2008 to address immigration issues in the state courts at a national impact level. As part of this effort, SJI began a dialogue with the state courts to determine how immigration issues are impacting them. Two overarching themes came out of this dialogue: 1) State court capacity to provide effective service is challenged by the magnitude and intensity of current and anticipated immigration (equal access to justice); and 2) the intersection of federal immigration law and practice, and state law, can result in unintended consequences for litigants and state court systems (equal justice for all).

Two grants were awarded to support these three Program Areas; one to the Center for Public Policy Studies (CPPS); and another to support a collaborative effort between the National Center for State Courts (NCSC) and the National Judicial College (NJC). SJI continues to support CPPS activities in providing direct technical assistance to the state courts on this critical issue.

In addition to support provided by the SIG program, SJI has also funded individual grants to state and local courts for projects dealing with immigration issues. The final reports of those projects are available below, and new reports will continue to be provided on this website.

SIG - Immigration Issues and The State Courts

CPPS has a website available for background information on this program, recent reports, and guidance for how to obtain technical assistance.

Bench Guides for Judges:

Bench Cards for Judges:

Glossary of Key Immigration Terms. This card provides definitions of the most important immigration terms.
Overview of Types of Immigration Status. Describes the eligibility requirements for naturalization, lawful permanent resident status, Violence Against Women Act (VAWA) self-petitioner status, Special Immigrant Juvenile status, T (trafficking victim) and U (crime victim) visas, and temporary visas.
Immigration Relief Requiring Discretionary Approval. Lists the requirements for different types of status that are subject to the discretion of the United States Citizenship and Immigration Service (USCIS) or the immigration courts.
Overview of Immigration Consequences of State Court Criminal Convictions. Discusses how conviction of a variety of crimes can cause a person to be deportable, inadmissible, or ineligible for discretionary immigration relief.
Eligibility for Probation, Work, Benefits, and Services. Discusses how immigration status can affect a litigant's eligibility for work authorization and federally or state funded treatment or services that might be ordered by a judge.
Risks to Immigrants From Drug Court Participation. Explains how participation in drug court poses risks to a person's immigration status for any immigrant, including lawful permanent residents.
Good Moral Character. Explains why good moral character is a requirement to be eligible for a variety of discretionary benefits, including naturalization.
Child Custody and Placement. Discusses how immigration status can affect where and with whom immigrants will be able to live.
Immigration Rights of Battered Spouses and Children. Lists some of the special protections for immigrant battered spouses and children, including pathways to becoming a lawful permanent resident.
Special Immigrant Juvenile Status. Explains this status as a pathway for abused or abandoned unauthorized immigrant children to become lawful residents.

Immigration Issues and the State Courts

SIG - Immigration Issues and The State Courts

Bench Guides for Judges:

Bench Cards for Judges:

Reports / Key Documents

Important Links / Contacts