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Building Law Enforcement Capacity to Serve Immigrant Victims . The National Immigrant Victims’ Access to Justice Partnership Salem, Oregon February 19, 2014.

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Building law enforcement capacity to serve immigrant victims
Building Law Enforcement Capacity to Serve Immigrant Victims

The National Immigrant Victims’ Access to Justice Partnership

Salem, Oregon

February 19, 2014


This project was supported by Grant No. 2009-DG-BX-K018 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice.


Introduction
Introduction awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice.

  • Faculty

  • Housekeeping

  • Pre-Training Assessment

3


Overview of training folder
Overview of Training Folder awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice.

  • Pre-Training Assessment

  • Agenda

  • PowerPoint Presentation

  • Faculty Biographies

  • Participant List

  • Technical Assistance Information

  • Glossary

  • U-visa Toolkit (contains Quick Reference Guide, Frequently Asked Questions, Sample Designee Letter)


U visa tool kit
U-visa Tool Kit awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice.

  • Background Information

  • Quick Reference Guide

  • Certification Instructions

  • Sample Redacted U-visa

    • Certification (I-918B)

  • Sample Designee Letter

  • Sample Officer’s Duties

  • Sample Outreach Flyer

  • Sample Protocol

  • News Articles Summary

  • Statutory and Regulatory Background,

  • DHS Guidance

  • Flowchart

  • Frequently Asked Questions


Participant introductions goals and expectations
Participant Introductions, awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice.Goals and Expectations


By the end of this workshop you will be able to
By the end of this workshop, you will be able to: awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice.

  • Understand the U-visa certification process

  • Understand law enforcement ability to work with immigrant victims

  • Understand the benefits of the certification program to law enforcement and to community safety

7


What is your knowledge of the u visa
What is your knowledge of awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice.the U-visa?


Overview of the u visa
Overview of the awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice.U-visa

  • Purpose: Why does it exist?

  • Requirements: Who can receive it?

  • Application Process: How does one get it?

  • Quick Facts


Congress enacted vawa self petitioning 1994 and the u visa 2000 to
Congress enacted VAWA self-petitioning (1994) and the U-visa (2000) to:

Purpose

  • Improve community policing and community relationships

  • Increase prosecution of perpetrators of crimes against immigrant victims

  • Allow victims to report crimes without fear of deportation

  • Enhance victim safety

  • Keep communities safe

10

10

10


U visa requirements
U-visa (2000) to:Requirements

11

11

  • Victim of a qualifying criminal activity

  • Has been, is being, or is likely to be helpful in

    • Detection, investigation, prosecution, conviction or sentencing

  • Suffered substantial physical or mental abuse as a result of the victimization

  • Possesses information about the crime

  • Crime occurred in the U.S. or violated U.S. law

11


The u visa application process
The U-visa Application Process (2000) to:

Law enforcement certification

Complete and submit application with additional documentation and fees (or waiver request)

Decision from USCIS within about 9 monthsto a 1 year

12

12


Quick u visa facts
Quick U-visa Facts (2000) to:

  • Only 10,000 U-visas can be granted annually

  • The U-visa grants a temporary 4 year stay

  • Only some U-visa holders will qualify for lawful permanent residency– no guarantee

  • U.S. citizenship can only be attained after legal permanent residency for 5 years + proof of good moral character



Dynamics of crime victimization experienced by immigrants and refugees1
Dynamics of Crime Victimization Experienced By Immigrants and Refugees

By the end of this segment, you will be able to:

  • Understand the immigrant victim’s fear of deportation

  • Identify the barriers that prevent immigrant victims from cooperating with the criminal justice system

15

15



Oregon – and RefugeesDemographics (2011)

  • Total foreign-born population – 337,613

  • 9.8% of the state’s 3,868,229 is foreign-born.

    • 38% of the foreign-born population were citizens.

  • Growing proportion of new immigrants

    • 29.5% entered in the 1990s

    • 37.5% in 2000 or after

  • 23.5% of children in the state have 1 or more immigrant parent.

  • 85.5% of children with immigrant parents in Oregon are US citizens by birth.



California immigrants countries regions of origin 2011
California – Immigrants Countries/Regions of Origin (2011)

  • Mexico – 41.8%

  • Southeast Asia –15.4%

  • Africa – 1.6%

  • Central America – 50.3%

  • India – 3.7%

  • China/Taiwan – 7.5%

  • Europe – 6.5%

  • Cuba – 0.3%

  • Japan – 1.0%

  • Korea – 3.3%

  • Philippines – 8.0%

  • Middle East – 2.5%

  • Canada – 1.2%



U visa Benefits to Law Enforcement (2011)

  • Encourages victims to report crimes

  • Improves investigation and prosecution of violent crimes

  • Increases potential to convict most dangerous criminals

  • Demonstrates commitment to protecting immigrant community members

  • Enhanced immigrant community involvement

  • Reduces repeat calls and recanting victims

  • Fosters community policing partnerships

  • Enhances Officer and Community Safety

21

21


Keeping communities safe reporting crime vs deportation
Keeping Communities Safe (2011)Reporting Crime vs. Deportation

  • Concerns about immigration status result in undocumented immigrant crime victims being

    • Less likely to:

      • Report a crime

        • Provide information to police & prosecutors

        • Believe police & prosecutors want to help them

        • Testify

    • More likely to:

      • Be susceptible to perpetrator’s coercion and threats; particularly immigration related threats, coercion and abuse

22


Prevalence of domestic violence in immigrant communities
Prevalence of Domestic Violence (2011)in Immigrant Communities

  • Domestic Violence in U.S. in general: 22.1% (NIJ)

  • Domestic Violence among Immigrant women: 30-50%

  • Research has found that immigrant victims

    • Stay longer with their abusers

    • Have fewer resources

    • Sustain more severe physical and emotional consequences of abuse


Prevalence of sexual assault in immigrant communities
Prevalence of Sexual Assault In Immigrant Communities (2011)

  • Immigrant women experience sexual assault at higher rates than other women, particularly during the first two years after arrival in the U.S.

  • Victimization of immigrant children also high including child sexual abuse

  • Multiple immigrant populations studied


Individual activity immigrant victim barriers
Individual Activity (2011)Immigrant Victim Barriers

Write down 3 reasons why an immigrant victim does not want to be deported back to his/her home country

25

25


Large group discussion why do immigrant victims fear deportation to their home country
Large Group Discussion (2011)Why do immigrant victims feardeportation to their home country?

26


Immigrant victims concerns surrounding abuse and deportation
Immigrant Victims Concerns (2011)Surrounding Abuse and Deportation

  • Danger to victim in the home country (retaliation)

  • Fear of being ostracized by home country community

  • Fear of abandoning the home

  • Fear of police/experience in home country

  • Religious Factors

  • Political instability/Gender barriers in home country

  • Fear of unknown

  • Immigration related abuse from perpetrator – fear of deportation

  • Economic survival

  • Pressures from Family/children

  • Fear of losing custody/access to children

  • Power and control over victim’s immigration status

  • Victim believes that if he gets deported she has to go with him



Barriers to reporting
Barriers to Reporting the barriers?

  • Threat of deportation

  • Took her valid documents

  • Valid documents replaced with fake documents

  • Shame

  • Perpetrator was a gang member– victim feared violence

  • No access to money

  • Made to feel powerless

  • Subject to total power and control

  • Language barriers

  • Lack of knowledge about legal rights and U.S. system


Barriers for immigrants
Barriers for Immigrants the barriers?

  • Language access

  • Lack of understanding of U.S. Laws

  • Abuser’s power and control over victim’s immigration status

    • Domestic violence

    • Sexual assault in the workplace or at university

    • Refugees


Department of homeland security immigration functions
Department of Homeland Security Immigration Functions the barriers?

  • United States Citizenship and Immigration Services (USCIS)

  • Immigration and Customs Enforcement (ICE)

  • Customs and Border Protection (CBP)

31


Civil vs criminal immigration violations
Civil vs. Criminal Immigration Violations the barriers?

  • Civil Violations

    • Unlawful entry into the U.S.

    • Unlawful presence

    • Working without employment authorization

  • Criminal Violations

    • Illegal entry, departure, and subsequent reentry (federal)

32



Local enforcement of immigration laws
Local Enforcement of Immigration Laws the barriers?

  • 287(g)

  • Criminal Alien Program (CAP)

  • Secure Communities

  • Informal partnerships with Immigration and Customs Enforcement (ICE)

34


The 287 g program
The 287(g) Program the barriers?

  • Immigration and Nationality Act § 287(g) allows law enforcement officers to perform the duties of an immigration officer

  • Partnership must be established by a Memorandum of Understanding (MOU) with the Department of Homeland Security

  • Exists in limited number of jurisdictions

  • Basis: 1996 IIRIRA (allows MOU and voluntary reporting)

35


Secure communities
Secure Communities the barriers?

Criminal Alien Program (CAP)

  • Allows local law enforcement to check the immigration history of an individual in custody

  • Provides some amount of financial reimbursement for subsequent custody based on immigration violations

  • Permits the FBI to share with DHS, the fingerprints they receive from state and local law enforcement

  • DHS may then asks local law enforcement to detain the immigrant for immigration purposes

36



Immigration detention process
Immigration Detention Process formally or informally?

  • Identification/entry into the enforcement system

    • Department of Homeland Security

    • Local law enforcement – await ICE processing, issuance of detainer (48 hours maximum)

  • ICE Detention Determination

    • Immigration Court

      • Court decides whether or not to release individual or detain pending removal proceedings

      • ICE prosecutors can decide whether to move forward with removal proceedings


Dhs priorities for enforcement and victim protection dhs memos guidance
DHS Priorities for Enforcement and formally or informally? Victim ProtectionDHS Memos – Guidance

  • DHSvictim witness memo

  • Humanitarian release

  • 384 DHS computer system (VAWA, T-visas, U-visas)

  • Memorandum on DHS detention priorities

  • DHS law enforcement Q & A on T and U visas

  • U-visa Law Certification Resource Guide


Los Angeles formally or informally? ICE Field OfficeAssistant Field Office Directors: Robert Naranjo& James Pilkingtonemail: [email protected] of Responsibility:Los Angeles Metropolitan Area (Counties of Los Angeles, Orange, Riverside, San Bernardino), and Central Coast (Counties of Ventura, Santa Barbara and San Luis Obsipo)


Ice victim assistance specialist rohida khan 562 624 3981 rohida khan@dhs gov

ICE formally or informally? Victim Assistance SpecialistRohidaKhan(562)[email protected]


Recap u visa requirements
Recap: U-visa Requirements formally or informally?

  • Victim of a qualifying criminal activity

  • Has been, is being, or is likely to be helpful

  • Suffered substantial physical or mental abuse as a result of the victimization

  • Possesses information about the crime

  • Crime occurred in the U.S. or violated U.S. law

    • U-visa Certification: Introduction (Toolkit p.4) , U-visa Quick Reference Guide (Toolkit p.12)

42


U visa requirements criminal activity
U-visa Requirements: Criminal Activity formally or informally?

By the end of this segment, you will be able to:

  • Identify types of criminal activities covered under the law

  • Begin identifying victims who might qualify for U-visas

    • Statutory and Regulatory Background, Toolkit p. 46


What c rimes are you seeing around your community
What formally or informally? crimes are you seeing around your community ?

  • Kidnapping

  • Abduction

  • Trafficking

  • Involuntary servitude

  • Slave trade

  • Being held hostage

  • Peonage

  • False Imprisonment

  • Blackmail

  • Extortion

  • Witness tampering

  • Obstruction of justice

  • Perjury

  • Domestic violence

  • Sexual assault

  • Rape

  • Incest

  • Prostitution

  • Torture

  • Female genital mutilation

  • Felonious assault

  • Manslaughter

  • Murder




These are the categories of criminal activities listed in the statute
These are the categories of criminal activities in your jurisdiction?listed in the statute

Rape

Torture

Trafficking

Incest

Domestic violence

Sexual assault

Prostitution

Female genital mutilation

Involuntary servitude

Slave trade

Being held hostage

Kidnapping

Abduction

Peonage

False Imprisonment

Blackmail

  • Extortion

  • Manslaughter

  • Murder

  • Felonious assault

  • Witness tampering

  • Obstruction of justice

  • Perjury

  • Attempt, conspiracy or solicitation to commit any of these crimes

  • Any similar activity


Role play interviewing the victim
Role Play in your jurisdiction?Interviewing the Victim

48


U visa certification considerations for law enforcement
U-visa Certification in your jurisdiction? Considerations For Law Enforcement

  • What criminal activity occurred

  • Identify the victim or indirect victim

    • Note injuries observed, if any

  • Determine helpfulness of the victim

  • Determine if any family members were implicated in the crime


How will a u visa certification request come to you
How will a U-visa certification request come to you? in your jurisdiction?

  • From victim advocate or immigration attorney

  • As a police officer you are the first responder

  • As a prosecutor you might have continued contact with the victim and might be first to identify victim’s U-visa eligibility


Review the u visa certification form
Review the U-visa Certification Form in your jurisdiction?

  • Goals: Identify the criminal activity and the victim, then begin the certification process

U-visa Toolkit, p.17 or Separate Document in Right Pocket of Folder


The u visa certification nuts and bolts considerations for law enforcement
The U-visa Certification: Nuts and Bolts in your jurisdiction?Considerations for Law Enforcement

  • What criminal activity occurred?

    • Activity is a crime in the state

    • Is it or is there also a qualifying criminal activity

      • Example: Drugs vs. domestic violence

    • Similar activities

    • Provide details of the crime

52


The U-visa Certification: Nuts and Bolts in your jurisdiction?Identify the Victim or Indirect Victim

  • Murder/Manslaughter/Incapacitated

    • Family members: spouses; unmarried children under 21;

    • Victims under 21: parents and unmarried siblings under age 18

  • Next friend

    • Someone who is assisting a direct victim who is incompetent, incapacitated, or under 16.

    • Must appear in a lawsuit to act for the benefit of the direct victim

  • Family members of victims

  • Bystanders victimization

    • Or show vicarious resulting from witnessing or having knowledge of the criminal activity

  • Any state laws regarding indirect victims?

53


Key resources in the u visa toolkit
Key Resources in the U visa Toolkit in your jurisdiction?

  • Instructions for Form I-918 (Toolkit, p.14-16)

  • I-918 Supplement B Form (Toolkit, p.17-19)

  • Redacted U-visa certification (Toolkit, p.20)

  • Sample Designation Letter (U-visa Toolkit, p.23)


Beyond the certification
Beyond the Certification in your jurisdiction?

  • Brainstorm

  • In addition to the certification, what else is a victim required to prove to Homeland Security in order to receive a U-visa?

55


U-visa Application Victim Flow Chart in your jurisdiction?

Criminal activity

occurs.

IF: The victim has been helpful, is being helpful, or is likely to be helpful to law enforcement

OR

The victim is under 16 years of age and victim’s parent, guardian, or next friend has been helpful, is being helpful, or is likely to be helpful to law enforcement

OR

The victim is 21 years of age or older and is deceased due to the criminal activity, incapacitated, or incompetent;

the spouse and/or children under 21 of the victim have been helpful, are being helpful or are likely to be helpful to law enforcement

OR

The victim is under 21 years of age and is deceased due to the criminal activity, incapacitated, or incompetent;

the victim’s spouse, children, parents, or unmarried siblings under 18 have been helpful, are being helpful or are likely to be helpful to law enforcement

THEN

Victim (or legal representative) seeks I-918B, Law Enforcement Certification.

(if victim is not working with a service provider, law enforcement officers can refer victims at this point.)

  • Law Enforcement provides victims with:

  • 1. I-918 Law Enforcement Certification signed in blue ink and completed by

    • a. the head of the certifying agency; OR

    • b. a person in a supervisory role specifically designated by the head of the agency to sign certifications

  • 2. Any supporting documentation such as reports and findings; and

  • 3. In the case of 1b) a letter from the head of the agency designating another person to sign the certification (designee letter).

  • Victim submits U-visa application to the Victims and Trafficking Unit of USCIS showing that the victim meets each of the U-visa eligibility requirements.

  • The application includes*:

  • U visa application form – Form I-918

  • Law Enforcement Certification – Form I-918, Supplement B

  • Documents related to victim’s identification

  • Victim’s signed statement describing the facts of the victimization

  • Any information related to victim’s criminal history, including arrests

  • Any information related to victim’s immigration history, including prior deportation

  • Any information related to victims health problems, use of public benefits, participation in activities that may pose national security concerns, and moral turpitude

  • Any information related to the victim’s substantial physical or mental abuse suffered

  • Other documentation such as police reports, medical records, letters of support from service providers.

  • Eligible family members can also apply.

  • * Other administrative documentation is also required. More information is available at www.legalmomentum.org.

Within about 9 months, victim receives

decision on U-visa application. If approved,

victim receives work permit. If applications

for family members are approved and they are

abroad, consular processing begins.

  • After 3 years, U-visa holders (victims) apply for lawful permanent residence (“green card”)

  • The application includes:

  • Adjustment of Status Application- Form I-485

  • Any information related to the victim’s continuous presence in the U.S. since obtaining U-visa status

  • Any information indicating that USCIS should

  • exercise its discretion to grant lawful permanent residence

  • Any information indicating that the U-visa holder has not unreasonably refused to cooperate with an ongoing investigation or prosecution

  • Eligible family members can also apply.

Within about 1 month, victim receives receipt notice from USCIS

confirming filing

of U-visa application.

Prepared by the National Immigrant Victims Access to Justice Partnership (2010). This project was supported by Grant No. 2009-DG-BX-K018 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice.


Which u visa recipients can obtain lawful permanent residence
Which U-visa Recipients Can Obtain Lawful Permanent Residence?

Did not unreasonably refuse to cooperate in the detection, investigation or prosecution of criminal activity; AND one of the following

Humanitarian need; OR

Family unity: OR

Public Interest

DHS reviews cooperation or determines whether the victim’s non-cooperation was unreasonable

57


Group exercise
Group exercise Residence?

How does the U-visa benefit law enforcement?

How does the U-visa benefit the victim?


Lunch
*Lunch* Residence?


Recap u visa requirements1
Recap: U-visa Requirements Residence?

Victim of a qualifying criminal activity

Has been, is being, or is likely to be helpful

Suffered substantial physical or mental abuse as a result of the victimization

Possesses information about the crime

Crime occurred in the U.S. or violated U.S. law

U-visa Certification: Introduction (Toolkit p.4) , U-visa Quick Reference Guide (Toolkit p.12)

60


Helpfulness
Helpfulness Residence?

By the end of this segment, you will be able to:

  • Understand the scope of the helpfulness standard

  • Apply the helpfulness standard to U-visa certifications

61


Hypotheticals
Hypotheticals Residence?

  • Is this person eligible for a U-visa certification?

62



Lara entered the United States seven years ago with a student visa. One night after the visa had expired; she was walking home from waiting tables and was raped by a masked assailant. She never got a good look at the perpetrator. He whispered that he knew where she lived and told her he would tell her family back home the “filthy things” she had done if she told anyone. Four months later, Lara realized she was pregnant. When she began to miss late shifts at work and was disciplined by her boss, she finally shared with him what had happened to her. Her boss encouraged her to contact the police, and helped her call the police. Lara told the police everything she knew, but said she would not testify in court because she feared retaliation.


Hypothetical case scenario 2 amelia and carlos
Hypothetical Case Scenario:2 student visa. One night after the visa had expired; she was walking home from waiting tables and was raped by a masked assailant. She never got a good look at the perpetrator. He whispered that he knew where she lived and told her he would tell her family back home the “filthy things” she had done if she Amelia and Carlos


Amelia and Carlos were living in poverty in their home country. Together they saved, borrowed and planned to pay a “coyote” $3,000 to bring each of them into the United States. Once they arrived in the U.S., the “coyote” demanded an additional $3,000 to release and transport them to family members living in Louisiana. After the “coyote” had held Amelia and Carlos in an abandoned house for 5 days, without food or water, their family was able to send the additional money. The coyote agreed to drive Amelia and Carlos to their family. The coyote had been drinking heavily before the drive, and just before they reached their destination, the coyote’s van crashed into oncoming traffic. Amelia was sitting in the passenger seat and died instantly. The passengers in the other car had minor injuries. Police arrived on the scene, and took both Carlos and the “coyote” into custody. Carlos told the police many details of the coyotes’ illegal business enterprises.


Hypothetical Case Scenario:3 country. Together they saved, borrowed and planned to pay a “coyote” $3,000 to bring each of them into the United States. Once they arrived in the U.S., the “coyote” demanded an additional $3,000 to release and transport them to family members living in Louisiana. After the “coyote” had held Amelia and Carlos in an abandoned house for 5 days, without food or water, their family was able to send the additional money. The coyote agreed to drive Amelia and Carlos to their family. The coyote had been drinking heavily before the drive, and just before they reached their destination, the coyote’s van crashed into oncoming traffic. Amelia was sitting in the passenger seat and died instantly. The passengers in the other car had minor injuries.

Joe and Alex


Joe and Alex are day labourers. They had both arrived in the United States on tourist visas, but seeing the opportunity for steady work, they decided to remain in the United States. For the past 4 years, they have been doing a number of construction jobs in cities throughout the south west, and Joe has started a family here. One payday they were robbed by three gang members who think of immigrants like Joe and Alex as “walking ATMs” because they don’t have bank accounts and carry a lot of cash. In addition to losing their wages, the two men were beaten. After their friends encouraged them, Joe and Alex reported the incident to local police. Joe and Alex were able to describe their assailants and a few days later, the police apprehended three people who matched the descriptions. Joe and Alex refuse to press charges, however, because the robbery happened in their neighbourhood and they feared retaliation.


Large group discussion
Large Group Discussion United States on tourist visas, but seeing the opportunity for steady work, they decided to remain in the United States. For the past 4 years, they have been doing a number of construction jobs in cities throughout the south west, and Joe has started a family here. One payday they were robbed by three gang members who think of immigrants like Joe and Alex as “walking ATMs” because they don’t have bank accounts and carry a lot of cash. In addition to losing their wages, the two men were beaten. After their friends encouraged them, Joe and Alex reported the incident to local police. Joe and Alex were able to describe their assailants and a few days later, the police apprehended three people who matched the descriptions. Joe and Alex refuse to press charges, however, because the robbery happened in their neighbourhood and they feared retaliation.

  • What does it take to be helpful?

69


Helpfulness by the regulations
Helpfulness by the Regulations United States on tourist visas, but seeing the opportunity for steady work, they decided to remain in the United States. For the past 4 years, they have been doing a number of construction jobs in cities throughout the south west, and Joe has started a family here. One payday they were robbed by three gang members who think of immigrants like Joe and Alex as “walking ATMs” because they don’t have bank accounts and carry a lot of cash. In addition to losing their wages, the two men were beaten. After their friends encouraged them, Joe and Alex reported the incident to local police. Joe and Alex were able to describe their assailants and a few days later, the police apprehended three people who matched the descriptions. Joe and Alex refuse to press charges, however, because the robbery happened in their neighbourhood and they feared retaliation.

Statute and DHS Regulations: has been helpful, is being helpful or is likely to be helpful in the

Detection, or Investigation, or

Prosecution, or Conviction or

Sentencing

There is no degree of helpfulness required

Law enforcement may complete U-visa certification once they assess victim’s helpfulness

The investigation or prosecution can still be ongoing

70


Examples of helpfulness
Examples of Helpfulness United States on tourist visas, but seeing the opportunity for steady work, they decided to remain in the United States. For the past 4 years, they have been doing a number of construction jobs in cities throughout the south west, and Joe has started a family here. One payday they were robbed by three gang members who think of immigrants like Joe and Alex as “walking ATMs” because they don’t have bank accounts and carry a lot of cash. In addition to losing their wages, the two men were beaten. After their friends encouraged them, Joe and Alex reported the incident to local police. Joe and Alex were able to describe their assailants and a few days later, the police apprehended three people who matched the descriptions. Joe and Alex refuse to press charges, however, because the robbery happened in their neighbourhood and they feared retaliation.

Calling 911 to report a crime

Providing a statement to the police

Filing a police report

Seeking a protection order

Providing information to prosecutors

Serving as a witness in a prior prosecution or investigation

71



Helpfulness can be satisfied even if: helpful?

Victim reports a crime where there’s no further investigation

Report is of past crime, where victim did not know or feel safe to report

Perpetrator absconds or is subject to immigration removal

The perpetrator is being prosecuted for a different crime

Victim is not needed as a witness

Victim is dead (indirect victim qualifies)

Perpetrator is dead

Victim has a criminal history

Victim is subject to immigration enforcement

Victim fully discloses story after better understanding rights, the U-visa and meaningful language access

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Identifying and addressing challenging issues
Identifying and Addressing Challenging Issues helpful?

By the end of this segment, you will be better able to:

  • Identify the reasons why police and prosecutors are not always signing U-visa certifications

  • Anticipate and overcome such challenges

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Small group discussion
Small Group Discussion helpful?

  • Your Chief/Sheriff

  • Your District Attorney

  • Other Officers

  • Other Prosecutors

  • Supervisors

When you consider taking the information you are learning

today back to your agency, what concerns do you think the

following persons may have?

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Large group discussion1
Large Group Discussion helpful?

  • Report and discuss the small group responses

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U visa certification protocols
U visa Certification Protocols  your agency?

By the end of this segment, you will be better able to:

  • Draft an effective certification protocol

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Small group discussion1
Small Group Discussion your agency?

  • City of X, Law Enforcement Certification Protocol

  • Right Hand Pocket of Trainee Folder

    • Identify any problems with the protocol

      • Note provision numbers

    • How could the protocol be improved?

    • What is missing?


Large group discussion2
Large Group Discussion your agency?

  • What should a U visa certification protocol include?

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Another sample protocol
Another Sample Protocol your agency?

  • U-visa Toolkit, p.30


Community partnerships
Community Partnerships your agency?

By the end of this segment, you will be better able to:

  • Identify community outreach tools to improve your agency’s protection of and help for undocumented immigrant victims

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Large group discussion3
Large Group Discussion your agency?

  • How could you build meaningful relationships with immigrant victims and immigrant communities using this policy?

  • How could you share information about this policy with other law enforcement colleagues?

  • How could your agency help other law enforcement agencies that do not yet have a U-visa policy or protocol?

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Discussion with advocates
Discussion with Advocates your agency?

  • What services are available to help immigrant victims?

  • Who are the agencies to whom law enforcement can refer victims they identify who may be eligible for immigration relief?


Resources your agency?

  • Technical Assistance

  • Materials on U visa and Immigrant Victims Legal Rights

    • Visit www.iwp.legalmomentum.org

Department of Homeland Security Sources

  • Contact Scott Whelan at [email protected]

  • Contact Thomas Pearl at [email protected]

  • USCIS U visa Fact Sheet “Questions & Answers: Victims of Criminal Activity, U Nonimmigrant Status” at www.uscis.gov


Evaluations
Evaluations your agency?

Certificates


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