Thread: 'U visa' encourages reporting crimes

http://www.suburbanchicagonews.com/cour ... S10918.htm

'U visa' encourages reporting crimes
Abuse victims find protection from deportation

By Matt Hanley
Staff Writer

AURORA — It wasn't the first time they argued. And he had hit her before. But this fight was a bad one.

And as an undocumented resident, she was afraid to go to the doctor, much less the police.

Finally, in March 2004, the 27-year-old Aurora resident's fear of her boyfriend outweighed her fear of deportation.

It was a call that would change her life. By working with the police to bring charges against her boyfriend, she could finally feel safe in her home. And to her amazement, it also earned her a Social Security number.



'People without a voice'


In 2000, the federal government passed a package of laws designed to help law enforcement agencies prosecute crimes against immigrants by protecting the victims of human trafficking — people brought to the U.S. illegally then sold into slave or sex labor.
The legislation also provided protection for undocumented residents who were victims of other violent crimes, including attempted murder and domestic abuse. According to the legislation, victims of these crimes would be granted temporary residency as long as they cooperated with police.

If they stayed out of trouble and continued to help police they could earn a "U visa" — a path to citizenship for people who may not otherwise report a crime.

"This law applies to people without a voice," said Maureen Kelly, an Elburn immigration attorney. "It's not going to save you if you would otherwise be deported."

Although many hailed it as humanitarian legislation, few heard about U visas, and it took a long time for the program to trickle down to local law enforcement agencies. The first major steps toward changing that in Kane County came in 2004, when representatives from the Mutual Ground domestic abuse shelter called a meeting with Aurora police and the Kane County state's attorney's office.



'I was afraid'


The woman is now 29 years old, but still cries when she talks about the day in 2004 when she called police. She agreed to speak with a reporter about her experience if her name would not be used.
She has been in the United States since January 1992 when, at 15, her parents brought her from Durango, Mexico, to Aurora. She has lived as an undocumented resident, or illegal immigrant, since then.

Her journey into the U visa program began when she sniffed her boyfriend's collar, suspicious if he had spent the day with another woman. Her boyfriend — also undocumented — flew into a rage. He began swearing at her, telling her to leave the house. When she asked again where he had been, he threw her on the ground and kicked her repeatedly in the ribs, she says.

Police arrested her boyfriend and the woman ended up at Mutual Ground, where she met a counselor who thought she'd be a good candidate for the U visa program.

But the woman was skeptical.

"I thought I would have to be half dead," she said through a translator. "I was afraid, but went ahead."



'I don't see who loses'


Marshall McQuinley will mark his 23rd year with Aurora Police Department in November. In his first years on the force, he rode with veteran officers who threw on the sirens when reporting to a domestic-abuse call.
He now understands that the siren was a way to alert the abusers that cops were on the way. Then when the squad got there, the fight was broken up and there was no paperwork to do, he said.

"The abuse continued," McQuinley said. "You just prevented her from calling again."

Four years ago, when McQuinley joined the domestic-violence division, he made a point to do more than just break up fights. He wanted to help create more lasting solutions for victims.

That's why he sees the U visa as a great tool. After Mutual Ground refers a potential applicant, McQuinley determines if the case fits the criteria.

First, has the person been a victim of a violent crime, which includes domestic abuse to attempted murder?

Second, is the person cooperating or likely to cooperate with police? The resolution of the case doesn't matter, but following the legal process through is vital. If at any time the victim fails to cooperate, McQuinley's approval can be withdrawn.

"As long as she participates in this process, we're going to see she gets the protection," he said. "Even if you're of the opinion they (undocumented residents) shouldn't be here, well, we're going to legitimize them (through this process), then they're going to work and pay taxes. So I don't see who loses."



'Defying intent of the law'


As with most immigration issues, U visas have attracted controversy from both those who disagree with the program and even those who support it.
Anti-illegal immigration advocates say the bill simply protects people who already have broken the law.

"This'll turn out to be one of these things that anchors them to the country," said Yvonne Dinwiddie, president of the Fox Valley group Citizens Protecting Your Rights. "Two wrongs don't make a right — I don't care what their excuse is."

The U visas also have run into a significant hitch — namely, no one in the United States has been issued one.

While the legislation created a provision that would have allowed 10,000 undocumented residents to receive visas each year, the Department of Homeland Security has refused to issue any U visas to this point.

Nationwide, 2,000 people whose applications have been accepted are allowed to work and obtain a Social Security number, but they are stopped short of full citizenship. Instead they are a "low priority" for immigration issues and allowed to reapply for "interim relief" each year.

In October 2005, lawyers for the undocumented residents who were victims sued the Department of Homeland Security.

"It's really defying the intent of the law," Elburn lawyer Kelly said. "Why is the government sitting on important documents? No one's holding their feet to the fire."



'I feel safer'


"I didn't believe I was going to get them until I got them in my hand," the 29-year-old woman said after she became the first person in Aurora to receive her work permit through the U visa program.
She also received a Social Security number and, most importantly, a driver's license.

Driving a car — without fear of deportation if she gets pulled over for a busted taillight — means she can go to her new full-time job. It also means she can go to school at Waubonsee Community College, where she's taking English classes.

Her boyfriend ended up spending time in jail for his actions in 2004.

"I feel safer," the woman said. "I know I have more of a path ahead."

09/18/06

This article doesn't mention any children that this woman may have had. If she came in 1992 at 15 she is now 29 years old.

How many women will "egg-on" their boyfriends just to get hit and get a free pass?......sounds like a sure-fire system to me. Of course these "family-oriented"men don't need much encourgement to beat the crap outta of their mates.

This year you'll be glad to note that we have visas for ALL occasions...U visas, Tuesday visas, Last name starts with "R" visas, Mickey Mouse visas, and the ever encompassing All In, All In, Free visas.