Tough Immigration Enforcement Creates Conflicts with Legal Protection for Crime Victims

There are two key provisions of the immigration law that protect crime victims. First, the U visa is available to immigrants (whether they are documented or undocumented) who are victims of specified crimes. Second, the Violence Against Women Act (“VAWA”) protects men and women – as well as their children - who are victims of domestic violence in the United States. A third provision, the T visa for trafficking victims, is beyond the scope of this post). Congress created these protections to safeguard crime victims as well as communities. A key policy motive is that immigrants, even if they are undocumented, should feel safe in reporting crimes that occur against them and in their communities. Being able to report crimes without fear of deportation protects both the individual immigrant and the community at large.

Unfortunately, the atmosphere of fear that has been generated by mass immigration raids as well as state and local efforts to restrict immigration severely undermine U visa and VAWA protections. Because there is no right to representation in immigration court, immigrants who are rounded up in mass arrests may never have the opportunity to ask for U or VAWA relief since they may never be informed that relief exists. State and local efforts to deny driver’s licenses and housing to undocumented immigrants drive those immigrants further underground, and create an atmosphere where they avoid contacts with law enforcement at all costs. Immigrants who want to keep their families together are motivated NOT to call the police when a crime is committed when they believe that making the call could lead to deportation.

We all hope that Congress addresses comprehensive immigration reform sooner rather than later. In the meantime, please contact your U.S. House and U.S. Senate representatives to let them know comprehensive immigration reform needs to curtail workplace raids, as well as state and local legislative efforts to limit immigration. For more information on U visas and VAWA, go to ASISTA, or contact our offices at 651-641-0440.