US deporting crime victims while they wait for special visa

Friday, July 20, 2018

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WASHINGTON, DC, USA — For victims of crime on American soil who are living here illegally, a special visa programme encourages them to help solve their cases and catch criminals, and often provides their only clear path to citizenship.

But as Republican President Donald Trump's administration has taken a harder line on immigration, US Immigration and Customs Enforcement appears to be stepping up the detention and deportation of people who have applied for the so-called “U visa”.

“These cases come up on the regular,” said Cecelia Friedman Levin, senior policy counsel at ASISTA, a group that works with advocates and attorneys helping immigrant survivors of violence. “What that does, to my mind, is undermines the spirit of the protection to begin with.”

Through the programme, petitioners are able to get a visa, and then a green card, before eventually applying for citizenship. But because of a long process and apparent policy shifts — something ICE denies but for which advocates have provided evidence — immigrants are now being swept up before they have a chance to legalise.

Their applications are still active even after they're deported, but they can be separated from their families for years while they wait. And advocates argue some applicants came to the US after fleeing violence or threats in their home countries and face danger if they return home, even temporarily.

Most important, they say, an undermined U visa programme discourages the reporting of crimes committed here because immigrants are less likely to come forward as victims. That, they say, leaves perpetrators on the street to offend again.

Some of those fingered for deportation have also committed crimes of their own — often minor ones — while living in the country illegally and came to authorities' attention that way. But the programme's guidelines are clear: Even commission of some serious crimes doesn't always disqualify an applicant. Only extreme charges such as genocide and Nazi persecution completely bar a candidate. People with a criminal history must file an additional waiver with their petitions but aren't automatically banned.

Bernardo Reyes Rodriguez, who lived in Ohio until recently and who qualifies for a U visa through his wife, came to the United States because of death threats from what he believes were members of drug cartels looking for money. He said he came to US authorities' attention for deportation because of a misdemeanor driving conviction. Now he is in Mexico, separated from his pregnant wife and his eight-year-old stepson, while he waits what could be years in a place where he feels unsafe.

“What I know is in Cincinnati,” he said. “I make my whole life there. I have my family there.”

Another U visa applicant who came to the US illegally and was shot during a mugging in Kansas was deported to Honduras; he told The Associated Press gang members recently climbed onto his bus and shot the driver in the back of the head.

Recently retired ICE Acting Director Thomas Homan, in a late April interview with The AP, denied any changes to U visa protocol. On June 21, the Department of Homeland Security, which oversees both ICE and US Citizenship and Immigration Services, wrote “there have been no changes to ... policies or procedures regarding the detention of victims or witnesses of crimes.”

Homan could not say for certain whether someone with a pending U visa petition could be deported.

“It's case by case, right?” he said. “Is the person a national security threat, a public safety threat? Do they have criminal convictions? How strong is the U visa case? I could not possibly answer that question.”

ICE did not respond to questions from The AP in July about why misdemeanours would result in deportation or about the apparent uptick in such removals.

There is no official count of how many immigrants are being affected, but the AP interviewed several attorneys nationwide who see a pattern.

Cincinnati-based lawyer Deifilia Diaz said five clients were forced to leave. Alicia Kinsman, managing attorney at the Connecticut Institute for Refugees and Immigrants, had one in removal proceedings, and another attorney in Wisconsin reported her client was facing deportation. Los Angeles-based lawyer Alma Rosa Nieto said that as a legal analyst for Telemundo, she now fields questions she never received before about relatives who have been removed despite pending U visa petitions.

It's also taking longer these days for U visas to get approved, meaning there is that much more time for authorities to deport people while they wait.

U visas — one of many visa classifications identified by letters, numbers or a combination of both — were established by Congress in 2000 as part of the Victims of Trafficking and Violence Protection Act. They are limited to 10,000 per year to crime victims themselves, in addition to some for qualifying family members, such as Reyes Rodriguez. The programme has grown in popularity, and USCIS recently has been giving out around 18,000 visas total per year. By the end of the first quarter of fiscal year 2018, there were over 200,000 petitions pending.

USCIS tells petitioners not to inquire about applications unless they date back further than mid-2014, and immigration enforcement no longer seems to always take a pending petition into account when choosing whether to deport someone, advocates say. That would break from past practice, and a court ruling.

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