Posted on 10/19/2007 5:24:37 AM PDT by radar101
Illegal immigrants who are victims of violent crimes in the U.S. can now apply for special visas, seven years after Congress offered protection against deportation to those who cooperate with law enforcement agencies.
The U.S. Citizen and Immigration Services is finally starting to process the visas this week, agency spokeswoman Marilu Cabrera said.
The long delay occurred largely because the agency drafted rules for issuing the so-called "U" visas before it became a division of the then-new Department of Homeland Security, she said. Consequently, the rules had to be reviewed again. Then the Department of Justice had concerns, she said.
"It is legally very complex, and so it went back and forth for a while," Cabrera said.
The 2000 Victims of Trafficking and Violence Protection Act established the visa to encourage illegal immigrants to report crimes against them in return for the right to remain in the United States and eventually apply for permanent residency.
"This is an extremely important visa for individuals who have been victims of a crime," Cabrera said. "It is helpful for the government that we get information and cooperation so we can solve these crimes and prevent future crimes. For the person, it gives them peace of mind and an opportunity for a new life."
The law authorized up to 10,000 "U" visas every year. The visas are good for up to four years, and visa holders who are in the U.S. continuously for three years can apply for permanent residency.
Critics are concerned about that provision.
"I would much prefer that we used it as a temporary visa, not an immigrant visa - something that allowed a person to testify but didn't give them the jackpot of a green card," said Mark Krikorian, executive director of the Center for Immigration Studies, which favors limits on immigration.
Ed Hayes, the Kansas director of the Minuteman Civil Defense Corps, is more vigorous in his opposition to the program. He argues that there are many more American victims of crimes committed by illegal immigrants than illegal immigrants who are crime victims.
"If they are here illegally, they broke the law," Hayes said. "If they become a victim, I am sorry for them. They should testify and then go home."
Since the law was passed, 8,301 petitioners and their families have been granted interim relief from deportation while awaiting publication of the "U" visa rules. They now have 180 days to apply for the special visas.
Among those who qualified for deferred action was Eleuterio Rodriguez Ruiz, who said he hopes to get a visa that will allow him to travel to Mexico to see his parents.
"More than anything I came to this country to find a better standard of living, maybe even buy a house," he said in Spanish in a phone interview from Sacramento, Calif., where he works as a field hand harvesting fruit.
The 30-year-old Mexican citizen was one of seven people held at gunpoint at an Arizona rest stop by an Army reservist as they were crossing illegally into the United States.
Rodriguez Ruiz said he cooperated with authorities, who subsequently filed aggravated assault charges against Sgt. Patrick Haab. The county attorney later dropped the charges, citing a state law that allows citizens to make an arrest when a felony has been committed.
The delay in the "U" visa program led a coalition of civil rights groups to file a class-action lawsuit in 2005 against Citizen and Immigration Services and Homeland Security Secretary Michael Chertoff.
"We intend to continue the fight for immigrant crime victims. ... Because it was a largely poor, vulnerable population with no political clout, it took seven years," said Peter A. Schey, lead counsel in the lawsuit.
Schey wants Citizen and Immigration Services to allow more than 10,000 annual "U" visas to compensate for the delay.
He also opposes restrictions giving victims only six months to apply for the visa and the requirement that petitioners be certified as crime victims by a law enforcement agency or prosecutor.
"Hundreds of thousands of law enforcement agencies will not see fit to certify them. They don't know about it, don't want to get involved or don't care," Schey said.
Angela Ferguson, an immigration attorney in Kansas City, Mo., who has handled about 50 deferred action cases for "U" visas, doubts the program will change immigrants' attitudes toward police.
"I don't think it is going to help them trust law enforcement more," she said. "The fear is being stirred up everywhere - the fear of racial profiling, the rumors, the raids. I have people for the first time coming into my office and saying they are giving up and leaving."
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Make your own version of Los Angeles’ Special Rule 40
Is this an attempt to trick them into shooting themselves?
Gee, I can see what comes next.
EVERY illegal will be a “victim” of violent crimes...
Hmmm....criminals (illegals) who are victims of their countrymen (more criminal illegals who committed crimes while in this country illegally), now get a “benefit” of citizenship?
Well, if they help get violent crooks off the street and out of the country then they’re performing a service that merits consideration. I’d deport the rapist before I’d deport the nanny.
Rodriguez Ruiz said he cooperated with authorities, who subsequently filed aggravated assault charges against Sgt. Patrick Haab.”
So now we reward illegals who stood up to the evil gringo who tried to stop them from entering illegally.
What is the special reward for all the family members of citizens of our nation who have been killed by illegals?
I don’t even know what to say to this insanity anymore.
Just being victims of crimes that Americans won’t be victims of.
Absolutely.....they can be on different buses, headed back to their "home" country.....
“So now we reward illegals who stood up to the evil gringo who tried to stop them from entering illegally.”
Not only that, it was later determined that Sgt. Haab acted appropriately, and the charges were dropped. Yet the illegal still gets rewarded. Good grief.
The county attorney later dropped the charges, citing a state law that allows citizens to make an arrest when a felony has been committed.
Since there was no crime committed against this illegal, much less a violent crime, I don't see how he qualifies.
In a perfect world I’d agree with you, but if they knew they’d be deported they wouldn’t report the crime. So the only real options are to get rid of one of them, or not get rid of either.
Actually, if they want to assault/rape/murder each other, and they are here illegally, if they don't want to report crime for fear of deportation, and they want to have protection of the law, I don't know how they have "standing" (actually, I do: they judges have removed that old term, in pursuit of "compassion") to bring complaints.
That said, if they don't want to report crime out of fear, it's not unlike those in the inner-cities who have the same problem when they are a victim, but can't report it because they have outstanding warrants on themselves.
Who wrote this law? If you pay a coyote $1,000 to smuggle you across the border illegally but successfully, a crime, you then go to the BP and report the coyote for that crime, claiming to have been victimized, and they give you a valid visa.
This bill was written by Rep. Chris Smith of New Jersey. But look at the co-sponsors, which includes Tancredo.
Rep Abercrombie, Neil [HI-1] - 1/27/2000
Rep Armey, Richard K. [TX-26] - 5/8/2000
Rep Ballenger, Cass [NC-10] - 5/8/2000
Rep Bliley, Tom [VA-7] - 5/8/2000
Rep Canady, Charles T. [FL-12] - 5/8/2000
Rep Capuano, Michael E. [MA-8] - 1/27/2000
Rep Cooksey, John [LA-5] - 11/8/1999
Rep DeLauro, Rosa L. [CT-3] - 3/14/2000
Rep DeLay, Tom [TX-22] - 5/8/2000
Rep DeMint, Jim [SC-4] - 3/21/2000
Rep English, Phil [PA-21] - 5/8/2000
Rep Faleomavaega, Eni F.H. [AS] - 1/27/2000
Rep Gejdenson, Sam [CT-2] - 11/8/1999
Rep Gillmor, Paul E. [OH-5] - 11/15/1999
Rep Gilman, Benjamin A. [NY-20] - 5/8/2000
Rep Goodling, William F. [PA-19] - 5/8/2000
Rep Gutierrez, Luis V. [IL-4] - 2/29/2000
Rep Kaptur, Marcy [OH-9] - 11/8/1999
Rep King, Peter T. [NY-3] - 11/8/1999
Rep Lantos, Tom [CA-12] - 11/8/1999
Rep Lofgren, Zoe [CA-16] - 2/29/2000
Rep McGovern, James P. [MA-3] - 1/27/2000
Rep McIntosh, David M. [IN-2] - 5/8/2000
Rep McKinney, Cynthia A. [GA-4] - 11/8/1999
Rep Myrick, Sue Wilkins [NC-9] - 5/8/2000
Rep Oxley, Michael G. [OH-4] - 5/2/2000
Rep Pitts, Joseph R. [PA-16] - 5/8/2000
Rep Price, David E. [NC-4] - 5/4/2000
Rep Sanders, Bernard [VT] - 1/27/2000
Rep Schakowsky, Janice D. [IL-9] - 5/2/2000
Rep Slaughter, Louise McIntosh [NY-28] - 11/8/1999
Rep Stark, Fortney Pete [CA-13] - 3/21/2000
Rep Stearns, Cliff [FL-6] - 5/8/2000
Rep Tancredo, Thomas G. [CO-6] - 5/8/2000
Rep Wexler, Robert [FL-19] - 1/27/2000
Rep Wolf, Frank R. [VA-10] - 11/8/1999
Rep Woolsey, Lynn C. [CA-6] - 2/29/2000
You know, I started out reading this article sympathetically thinking "Yeah, if an illegal cooperates with law enforcement to solve a crime, we need to cut them a little slack as a reward. Seven years to process these visas is way too long-- especially given that these are the same gubmint workers who are supposed to vet and give Z-visas in 24 hours under the current dormant legislation."
I figured we would get an example of some hard working Latin American who helped solve a robbery, ratted out a child molester or stood up to a gang. But the sole example they give us is somebody who cooperated with elitist law enforcement agency who charged a citizen with making a legal citizen's arrest which they were too lazy to do. I've got to wonder why this is the best example of someone qualifying for a U-Visa which they could find.
I think this was just one provision in a massive bill that dealt with crime victims. Dont know if this provision was in the bill originally or amended in by someone else.
No. These are the co-sponsors of THIS SPECIFIC legislation. You can look it up on Thomas.
ping
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