Immigrant who was shot appeals denial of victims benefits
By Erin Stock
March 12, 2010, 10:12AM

Bernarda Uriostegui, a 24-year-old Bessemer resident, reveals the scar on her neck from a gunshot wound she suffered in 2008 when a man robbed her at her Lipscomb home. (The Birmingham News/Michelle Williams)A 24-year-old woman who was shot multiple times during a Lipscomb home invasion in 2008 is challengÂ*ing a state commission's deÂ*cision to deny her victims' compensation because of her immigration status at the time.

Bernarda Uriostegui, a Mexico native, will appear today for an appeal hearing before the Alabama Crime Victims' CompensaÂ*tion Commission, a group that gave victims of violent crime nearly $6 million in fiscal 2008 to cover medical, funeral, counseling and other expenses. The money, which is capped at $15,000 per claim, comes from fines and fees paid by offenders.

Uriostegui's attorney arÂ*gues that immigration staÂ*tus should not be a factor. Commission officials say they are following federal law as they interpret it, and that they have sought direcÂ*tion from the U.S. DepartÂ*ment of Justice to no avail.

Uriostegui's case triggers both legal and policy quesÂ*tions, and falls into a larger debate over public benefits for illegal immigrants -- a matter that some state lawÂ*makers have sought to legisÂ*late in recent years.

It was a February afÂ*ternoon in 2008 when a man with a gun walked into UriÂ*ostegui's home, in LipsÂ*comb's Woodward Estates trailer park, and demanded money, Uriostegui said. He forced Uriostegui, who was home with her 2-year-old daughter and a friend, to walk with him a s he searched the home. He then locked the front door and returned to the women, striking Uriostegui's friend.

Uriostegui threw a hot pan of oil at him, and that's when the man started shooting, she said.

Because of nerve damage to her arm, Uriostegui now struggles with some daily activities. The Mexico native has received a special visa for victims of violent crime.

As a legal matter, the vicÂ*tims' compensation comÂ*mission in Alabama simply is trying to do what's reÂ*quired to receive federal funds, said Cassie Jones, the group's executive director.

"This is not personal," she said. "It's personal to the people who are suffering the loss, and we hate that peoÂ*ple have loss, but I'm cerÂ*tainly not going to weigh in on what Cassie feels. I'm going to do what the law reÂ*quires."

But confusion exists over the applicability of a 1996 federal law, known as the Welfare Reform Act, that inÂ*cludes restrictions and exÂ*ceptions on public benefits for illegal immigrants.

No direction

The Justice Department has given state compensaÂ*tion boards no direction on its applicability, said Dan Eddy, the executive director of the National Association of Crime Victim CompensaÂ*tion Boards. And in general, the state laws that created the boards do not stipulate legal status as an eligibility requirement, he said, which is true in Alabama as well.

With no state law on it and no federal guidance, most state victim compenÂ*sation programs do not reÂ*quire victims to be in the U.S. legally, Eddy said. AlaÂ*bama has an administrative rule requiring it.

Freddy Rubio, UriosteÂ*gui's attorney, argues that state officials are not auÂ*thorized to determine an inÂ*dividual's immigration staÂ*tus. He rejected the practice as poor policy as well.

"We just need to keep in mind the purpose of this fund, which is to give a little bit of justice to the victim," he said. "It goes against the purpose of that fund not to give her that money."

Robert Rector, with The Heritage Foundation, said government assistance for poor Americans is already generous, and making it available to illegal immiÂ*grants from the Third World will bankrupt the country. The fact that Uriostegui reÂ*ceived emergency medical treatment she cannot pay for should be considered, he said.

"So in fact, the taxpayers have already subsidized her fairly heavily through caring for her and saving her life," said Rector, a senior reÂ*search fellow with the conÂ*servative think tank.

Jeffrey Dion, acting execÂ*utive director of the NaÂ*tional Center for Victims of Crime, said an eligibility reÂ*quirement for victims' assisÂ*tance that is based on legal status sets a "disturbing and dangerous precedent."

"Promoting public safety means we should all do what we can to encourage victims to come forward to report crimes," he said, "and to support them when they do it."

E-MAIL: estock@bhamnews.com

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