Alabama commission denies immigrant's appeal for victims' compensation
By Erin Stock
March 17, 2010, 10:29AM

A state group that grants compensation to crime victims has denied an appeal from a 24-year-old Bessemer woman, who argued that her immigraÂ*tion status when she was shot during a 2008 home invasion was not a valid reason to deny her funds.

The three-member board of the Alabama Crime Victims' Compensation Commission upheld the commission's iniÂ*tial denial of Bernarda UriosteÂ*gui's claim after hearing her appeal las tweek, Uriostegui's attorney said Tuesday. The commission's funding comes from crout fines and fees paid by offenders.

"In a way, Bernarda is being re-victimized," said Freddy Rubio, Uriostegui's attorney, after learning of the board's decision. "The mentality is: How can we deny rather than how can we help these victims?"

He said he now wants federal officials to address Uriostegui's issues.

Commission officials have said that federal law, as they interpret it, prevents them from compensating victims who are not in the U. S. legally at the time they are victimized.

"We saw the injuries, and they were awful, and we do have compassion for her," said Cassie Jones, the comÂ*Â*mission's executive director. "But we're not allowed to go outside the confines of the law because of our feelings."

Most other state victims' compensation boards do not consider immigration status a factor, according to a national association of the groups. Jones said the U.S. Department of Justice has not responded to her agenÂ*Â*cy's request for clarification of a 1996 federal law, known as the Welfare Reform Act, which lists restrictions and exceptions on public beneÂ*Â*fits for illegal immigrants.

Uriostegui was shot mulÂ*Â*tiple times on Feb. 7, 2008, at her home in Lipscomb's Woodward Estates trailer park. She continues to struggle with daily activities because of nerve damage to one of her arms. The Mexico native is now a permanent legal resident, after she reÂ*Â*ceived a "U visa," which is available for crime victims who cooperate with authoriÂ*Â*ties.

Rubio argued Friday, at the appeal hearing, that the agency does not have the authority to determine whether an individual is in the U.S. legally. He also said the group violated due proÂ*Â*cess rights by deeming his client an illegal immigrant without offering her a hearÂ*Â*ing.

Rubio argued his client at the very least should be eliÂ*Â*gible for non-federal funds.

"If we catch this man who shot Bernarda three times, and I hope we do and this man pays money into this fund, it would be abÂ*Â*surd to deny her that money," Rubio said at the hearing.

Jones said money is minÂ*Â*gled in the commission's fund, and it would be probÂ*Â*lematic to parcel it out based on where it origiÂ*Â*nated.

She also said that the commission denies claims when applicants, even U.S. citizens, do not meet certain criteria. Victims, for examÂ*Â*ple, must report the crime within 72 hours and cannot be an accomplice of the ofÂ*Â*fender.

Kim Martin, the commisÂ*Â*sion's counsel, said the group is not trying to estabÂ*Â*lish public policy but rather trying to follow the law.

"The only way you can treat people fairly is to apply the same rules and policies across the board to everyÂ*Â*one without exception," she said.

The commission comÂ*Â*pensates victims for costs up to $15,000. It awarded nearly $ 6 million in fiscal 2008 to victims for medical, funeral, counseling and other expenses.

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