U-Visas issued to illegal immigrants who are victims of crime
Almost eight years after Congress enacted a law meant to protect illegal immigrants who were victims of a crime, the U.S. Department of Homeland Security has issued the first U visas, documents that grant victims the right to work and reside in the U.S. for four years. At the time of the U visas' approval, as part of the 2000 Victims of Trafficking and Violence Protection Act, immigration wasn't quite the incendiary issue it is today. Now, even the fairly benign goal of encouraging crime victims to call the police without fear of being deported is subject to all sorts of sturm und drang.
Simply claiming to be a crime victim, however, is not enough to get a U visa. Applicants have to prove they have suffered "significant physical or mental abuse" resulting from one or more of a long list of crimes perpetrated on them while in the U.S. Those include: rape, torture, trafficking, incest, domestic violence, sexual assault, prostitution, sexual exploitation, female genital mutilation, being held hostage, involuntary servitude, kidnapping, false imprisonment, blackmail, extortion, conspiracy and solicitation to commit the aforementioned crimes, among others.
Also, no application for a U visa is complete without a certificate from federal, state or local law enforcement, a prosecutor or a judge, attesting to the applicant's cooperation with a criminal investigation.
However, before you ask, the answer is yes: the U visa opens the door to permanent residency. Visa holders who reside continuously in the U.S. for three years can apply for citizenship. In some cases, that seems reasonable. Sex trafficking victims, for example, are often threatened by their captors with retaliation both here and in their homelands if they call the police.
And there are run-of-the-mill cases such as that of Jose Suarez, a 38-year-old illegal imimgrant from El Salvador who was beaten in a robbery and who helped convict his attacker. The San Jose Mercury News has his story.
Then there's a case, highlighted last year by the Associated Press, that is just ridiculous. Immigration activists (pro and anti) will remember the story of Eleuterio Rodriguez Ruiz. He and six other immigrants were illegally crossing the Arizona border when an army reservist made a citizen's arrest, at gunpoint. Rodriguez cooperated with authorities, who filed and then later dropped aggravated assault charges against the reservist. Meanwhile Rodriguez, who had committed a crime, became eligible for a deferred U visa status.
So what do you think? Are U visas a good idea? Should they make crime victim eligible to stay in the U.S. only for the duration of their assistance to law enforcement? For four years and nothing more? Or should they open a doorway to citizenship? The editorial board is going to be discussing this issue later in the week.
The photo of the fence at the U.S.-Mexico border comes from Don Bartetti/Los Angeles Times.
How stupid is our government? Illegal is illegal. Arrest them all. They have violated U.S. LAW. What LAWS am I allowed to break?NONE is the answer. All the government idiots should alse be arrested for being so stupid.I'll sign the papers.
Posted by: dharc | August 12, 2008 at 04:37 PM
I am happy for the immigrants because now they have a chance to prove their worth to this country.
At the same time I am amazed that the government has not made it easier for legal immigrants to get green cards and become citizens. Why the hypocrisy?
I am also amazed at how selfish and mean some people (like dharc) in this country can be. Its time they learned how to be human and treat others with dignity and respect
Posted by: Anonymous | August 12, 2008 at 08:28 PM
It is time for LA to start firing more city employees to have more money to support the influx of illegals they are drawing. Employees do not feel bad if you have trouble feeding your families because your job is lost. Look on the bright side, You are gaining another illegal resident and the lines at hospital just got longer.
Posted by: budswisr | August 13, 2008 at 04:26 AM
When the criminal is a victim of another criminal, we reward them??
Posted by: Panola | August 13, 2008 at 04:41 AM
This is the reason by LA is full of criminals!
Is the government going to give all US citizens a special Visa so, when an illegals steals and uses our identity and we are not stuck with the bill? Is our government going to clear our credit rating after a illegal alien destroyed it?
No our Liberal government would rather do what make them feel all warm and fuzzy instead of standing up for American Citizens!
Posted by: HernandezUSA | August 13, 2008 at 07:41 AM
This is really easy, its not a dilemma at all, except for a country that is insane -- or that has huge lobbies of immigration lawyers and ethnic groups pushing for any possible way to squeeze more people in.
Thank the alleged victims for their help in prosecuting a crime and send them back, perhaps with some financial assistance to compensate for their time. If I go to Mexico and get robbed, I don't get a 'path to permanent residency' if I report the crime or help in its prosecution. Why should we be any different?
Posted by: Mitchell Young | August 14, 2008 at 08:22 AM
Yes, they do come to this country illegaly which is a crime....however, just because they are not here legally it means they can get brutally treated. They are also human and no matter what they have rights.
Posted by: GG | August 14, 2008 at 12:28 PM
Too many loopholes.
What's going to stop an illegal from falsely reporting "rape" and not being able to identify the rapist?
In Mexico, very young women are sexually abused all the time and this is acceptable in their country, but quickly learn it is illegal and NOT acceptable in this country.
Any Mexican could have "sex" with this illegal; illegal claims "rape" and gets a visa. The so-called rapist gets away with it because their DNA is not on file, no identity in the U.S.....
Posted by: ineelb4no1 | August 14, 2008 at 08:05 PM
I am an illegal immigrant. I am abused daily by my American partner. I have been threatened by deportation and Him taking My 11 month old Son. I had a Visa. Then He got Me Pregnant and begged Me not to leave. I am not from some wacked out country with messed up politics. I Am Irish. I am alone with My abuser. No family. No help. Just trying to protect My Son, from the screaming and name calling and the threats. I Am A strong women..... Silenced, and teffified.
Posted by: Siobhan | August 26, 2008 at 12:37 AM
I feel as though this issue is looked at as black and white. There's no gray area whatsoever. I came a resident who just applied for citizenship. I am proud of this country and call it my home. I have been here for 20 something years now. I am 23 yrs old. I have numerous friends with degrees whom you could not tell the difference between them and I, and yet they are illegal. I have friends whose grammer, oral and written skills match that of a 6th grader and are citizens. You have to understand categorizing all illegals as dirty, greedy, stupid and criminal minded is a cheap way of reassuring that this country is not for them. This is the same steretyping and prejudice that other european groups received in the past. Italians were treated like dirt when they were first immigrating here. The jews, the Irish, all these groups have delt with the same hatred fom other Whites already living here.
In no way are these visas giving all illegals the right to be here. I understand the reasoning of not allowing people here because of the crime, consumption of programs funded with tax money, which is in itself absurd seeing as that the majority of illegals DO PAY TAXES! However, what makes them any different than your great grandparents who boarded a ship to get here. Who would take on the worst jobs because they were only trying to give their family a better life? What makes them ineligible?? their skin color, their language barrier? their culture?? Because they don't look like you, they can't live on the same soil?
I know my argument has deviated from the main topic at hand, but the truth is I have to get going. I know a lot of young women who have been raised here and have nothing in their home countries of mexico and central AMERICA, who are terrified because of the recent immigration raids. These same women have been molested and raped here in the States. Because of their fear, lack of immigration law knowledge, and other personal reasons they refuse to report these incidents. Have you ever woken up and been afraid to drive to work and afraid to go out on a saturday night for fear of being pulled over, arrested, taken to jail and then placed on an airplace, and then sent to a foreign country where you know no one. Ever? This is everyday life for these men and women.
This is why I believe the U visas can be a good idea for SOME.
Posted by: ALEX | September 19, 2008 at 12:34 PM
History has a way of repeating itself. I am ashamed of our so called patriotic citizens that feel threatened by illegals. Must be decendents of Hitler. Yes I am comparing it to the haulicaust and if not worse. This is modern day slavery. Our prisons are full of illegals waiting to go home versus being used to make the b-bque-- grills you buy at Walmart. It's so sad that people are not compassionate with these humans seeking something their f'd up country can't give them. Who are we to blame our failures economically on these people. Lame excuse for the U.S jobless. Lame excuse for the people who fail to realize that the Great American melting pot is full of beans...all kinds of beans.
U-visas will be abused of course, just like fixed marriages were back in the days. There will always be a loop whole. My question is why doesn't this government wisen up and make some money besides the merel fees they charge for all the applications. A "COYOTE" these days charge $4,000. Yes, there maybe some bad apples in the bunch but don't forget our history lessons from school. I recall the mayflower and other ships being full of people seeking a better life and freedoms and there were quiet of few ex-criminals on that boat that were given basically no option but to get on and come here as an escape. Texas was the same for Mexican Citizens. They were sent to Texas if they were ex-cons. Ay ya ya ya ya, Gente read the history books. Also there is another law that the immigrants have not woken up to. The law that states if you are American Indian, you shall have no borders in Maerica. America...from South all the way to the north. Why have people not waken up to this. It is there legal right and they are sleeping at the wheel. What our goverment is doing is creating seperation amoung families. The children of these immigrant will grow, vote, run for office and eventually change laws that seperated them from their parents. Our economy is basicall sucking due to these raids, deportations and detention centers. We need to wake up a realize that our US owned companies are feeling the decline in sales, especially since Tio Jaun can't go out and buy his new TroKa del ano" For those of you that still ignorant enough not to realize you need to be bilingual...Uncle Juan is not buying a new truck this year... Our Best Presidente in history knew that our neighboring countries were going to influence our way of living. He predicted in a speech how the hispanic population would be on the rise and welcomed it and believe it or not, even returned part of the Rio to Mexico. He knew that relations with Mexico were important. I can't help to wonder why any of our polititians have not pushed to incorporate these countries the way Puerto Rico was. I hope people wake up and smell the columbian coffee....
In closing, I know I will get arguments that they come here and committ crimes. Some our in our prisons in slaved due to petty thefts...for years and years. When a citizen does something of that multitude...they get out way sooner. So if the U-Visa seems like a program that will be abused...oh, well...what program isin't.
Posted by: Lucy | September 23, 2008 at 08:39 PM
It's funny how most of you queers call yourself "Americans." Last time I checked, America was Central, South, and North America. That, in itself, shows your ignorance, and for you to go ranting on about immigrants not being educated, quite frankly, makes yourself look like a retard. Immigrants do the jobs you don't wanna do, so why complain? I'm sure you're not gonna go out and work in construction, landscaping, etc. Besides, you know your people were some damn aliens and you ruined the indigenous people. You created the United States, and that did not turn out favorably, did it? For you to go on about immigrants being bad or whatever is just ignorance, for the most part. Have a nice day
Posted by: Jonno | September 29, 2008 at 06:19 PM
JONNO! Wow you are so right... Many people do not even know that America consists of Central, South and North....thank you! There is a lot of ignorance in this world and the worst thing a person can do is close their own mind. That is what racism, bigotry and prejudice does. It closes the door to many opportunities to learn from eachother.
Posted by: Lucy | October 10, 2008 at 12:52 AM
haha i'm down for that, but what about legal citizens.
i think for our people who haven't broken any laws (with
a the black and white perspective illegal imigranys are criminals
on a federal level) that are victim to certain crimes should be given
like a cannibis card(where legal) or some kind of amazing reward like
that.a world like that would make me and the little imigrants happy =]
-bravo
Posted by: andrew | October 14, 2008 at 07:04 PM
illegals are illegal and that's that
Get out of my country!!
"They took err jeerbs!"
Posted by: moses | October 15, 2008 at 08:30 PM
immigrants are people just as much as citizens are. they should not be mistreated, abussed, or treated they do not belong. to think that this happens everyday is a shame. americans can be so shady some times, some americans. some americans are not arrigant and ignorant.
Posted by: leigha rose | October 15, 2008 at 09:35 PM
Those darn illegals need to get out of our country, its been ours since well we stole it from the british, and bought it from the french, and beat the mexicans for it. And it was theres before because well they cheated the indians out of it. What about those Indians well they stole it from the animals. Theres no such thing as native and our country is a nation of immigrants, literally no one in this country can say that all of their ancestors where born here. Also every generation has experienced its own prejudice. The colonists werent fans of the Irish, the Irish were pretty mad when the Italians came in and "took their jobs", the italiansts werent so happy when the eastern europeans came and started undercutting their prices, and no one liked it when the chinese came over and started building the railroads. No people are saying that Mexicans and South Americans are taking our jobs. What jobs? What American would work for less then minimum wage doing menial labor. What american would work for hours in a field picking crops. Which american would do this please tell me. No U visas probably arent the best idea, something like temporary amnesty might work a little bit better, but dont be ignorat. Use your brains.
Posted by: Conner | October 16, 2008 at 01:43 PM
conner should read what moses wrote...PEOPLE ARE SAYING "THEY TOOK ERR JERBS!" All the time over and over....The economy in the United States is heading down hill like it did during the depression in the 20's ...a time when many were deported...legally or illegally...they were different...they went. And for conner who says the mexicans stole it from the Indians...no, the Mexicans were Indians originally...Aztecs and all Indians travel, roam and followed the buffalo till SOMEBODY got the great idea to kill their means of a living...kinda like what is being done now, but the buffalo is now a JOB...and these indians included Canadian, South American, Cental...I suggest conner reads a little more history books and realizes that results of Europeans coming in to the AMERICAS resulted in the mixes...of the races and Mexicans should consider themselves Indian....rightfully I say and take advantage of all the Indian Benefits that this great country gives them. Mi Gente needs to wake up and start claiming tribal rights and such....cuz afterall they are Indian...and last time I checked they are not to have borders...no boundries....But they just haven't woke up to that right.
Posted by: Lucy | December 29, 2008 at 07:25 AM
Dear ignoramuses kvetching about immigrants:
If an immigrant is better skilled and suited for a job than you are, they deserve that job and you don't - a point only strengthened by the adversity the immigrant had to overcome to develop that superior skill. You, on the other hand, have to fall back on an accident of birth to establish your superiority over others - the antithesis of the American spirit.
Also, the more you sputter that it's only about enforcing the law and only about immigration, the more obvious it is that you are motivated by animus against Mexicans and others from Latin American nations.
Posted by: Luke | December 29, 2008 at 02:08 PM