Mexican boy allegedly abused by teacher could return to U.S.(visas for his family also)

cnn.com ^ | Nov 11, 2007 | AP

[RDTF]

OMAHA, Nebraska (AP) -- A 13-year-old illegal immigrant who fled to his native Mexico amid a sex scandal with his schoolteacher could be eligible to return to the United States under a new visa the government started granting the week before he disappeared.

The visa helps illegal immigrants who are victims of sex crimes. If the boy, who spent most of his life in Lexington, Nebraska, qualifies, he could stay legally in the United States for four years and eventually apply for permanent residency.

It also would extend temporary residency to his parents and his unmarried siblings under 18, if they applied for it.

"It's a win-win," U.S. Citizenship and Immigration Services spokeswoman Marilu Cabrera said of the "U" visa. "It helps us and law enforcement be able to solve a crime, and it certainly helps the individual who is a victim of a crime."

-snip-

[Hornitos]

http://www.usdoj.gov/crt/crim/traffickingsummary.html

U.S. Department of Justice

Civil Rights Division

NEW LEGISLATION

 

VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000

On October 28, 2000, the President (read his remarks) signed into law the Victims of Trafficking and Violence Protection Act of 2000. This new law, which was passed virtually unanimously by both houses of Congress, addresses issues of worker exploitation resulting from trafficking in persons. This law is the culmination of the federal government's efforts through the Trafficking in Persons and Worker Exploitation Task Force , an interagency group that brings the FBI, INS, Department of Labor and other agencies together to remedy a problem with both domestic and global dimensions, primarily involving women and children as victims.

The Criminal Section of the Civil Rights Division, which enforces slavery and peonage statutes that were initially enacted over 100 years ago, was highly involved in drafting this new legislation. The new law expands the definition of forced labor to reach the more insidious forms of coercion occurring in contemporary times, thus enabling the Section to come to the aid of more victims and to bring more cases than allowed under prior laws.

Here are some highlights of the new statute as they affect the Criminal Section's enforcement responsibilities:

• creates new laws that criminalize trafficking with respect to slavery, involuntary servitude, peonage or forced labor
  
• permits prosecution where nonviolent coercion is used to force victims to work in the belief they would be subject to serious harm
  
• permits prosecution where the victim's service was compelled by confiscation of documents such as passports or birth certificates
  
• increases prison terms for all slavery violations from 10 years to 20 years and adds life imprisonment where the violation involves the death, kidnaping, or sexual abuse of the victim
  
• requires courts to order restitution and forfeiture of assets upon conviction
  
• enables victims to seek witness protection and other types of assistance
  
• gives prosecutors and agents new tools to get legal immigration status for victims of trafficking during investigation and prosecution

[org.whodat]

"Do I want to see a sexual predator prosecuted?

First off ding bat, they are not going to prosecute her, she'll make a deal and get a slap on the wrist and lose her teachers license. So get your draws out of a bunch and go back to your usual business of trying to hustle somebody with the junk you are using FR to try and promote.

[exit82]

Actually, this isn’t the “U” visa, it’s the “F U Visa”.

To Americans, that is.

[Tennessee Nana]

We know the young male is an illegal alien and therefore criminal...

We know from his own wordsa and the police that he was in trouble in Nebraska, had demanded that she take him to his father in Mexico, and after she had told him to “leave her alone” he had continually harassed her..

We dont know that the female American teacher committed a crime...

There is the possibility that the illegal alien was at least 16, and he looks about the age of the teacher...25 yo...

Until hois legal ID and age is established...she is not a “sexual predator”

As you love to say...Who said she was a “sexual predator”?

In this country we have innocent till proven guilty...

You seem to relish making criminals of Americans...

[Reaganwuzthebest]

I’m very aware of what the bill does and it was passed by a GOP Congress. That’s something they would not do today if in power because they’d never hear the end of it from people out in the country who are tired of amnesties and rewards such as this. I’m sorry for any victim of crime but they can testify then go home. We certainly don’t owe anyone under these circumstances a green card with the right to bring in their entire extended family.

[Hornitos]

We certainly don’t owe anyone under these circumstances a green card with the right to bring in their entire extended family.

And the victim certainly doesn't owe the prosecutor an oath on a witness stand. You make your own values judgment. The nation has already, and we've decided that American values of support for women and children victims trumps the nativists' disdain for hearing Spanish at a fast food restaurant.

[Hornitos]

We know the young male is an illegal alien and therefore criminal...

Show me the statute, if you can, O judgmental one.

[indcons]

I think his former FR user name was “clawrence3” (who was a self-confessed anchor baby and an illegal to boot).

[Reaganwuzthebest]

You make your own values judgment. The nation has already, and we've decided that American values of support for women and children victims trumps the nativists' disdain for hearing Spanish at a fast food restaurant.

No the nation hasn't, only politicians looking for excuses to not have to enforce the laws against illegal immigration. "U" visas, "T" visas, "Z" visas, whatever it takes under the guise of compassion. You won't be seeing much of this type legislation in the future because the people have had enough of it.

[freekitty]

YEAH. When did this happen and why weren’t we told and what else are we not being told.

[Reaganwuzthebest]

I think his former FR user name was “clawrence3”

That's who it sounds like.

clawrence is that you?

[Tennessee Nana]

The Immigration Act of 1996 signed by your friend, Bill Clinton, for one...

It’s a crime to enter the US illegally and continues to be a crime to stay here illegally...

Your Mexican illegal alien is a criminal...

ILLEGAL ALIENS ARE ANTI-IMMIGRATION

[Hornitos]

It’s a crime to enter the US illegally and continues to be a crime to stay here illegally...

Chapter and verse, please.

[Hornitos]

It is the LAW. You aren’t an ANTI-LAW ILLEGAL are you? The LAW was signed into LAW by President Bush, and was passed “almost unanimously” by both Houses of Congress. Indeed, America has spoken, and American values are being upheld in the LAW.

[Hornitos]

And the day I make the decision to leave this insane country creeps closer.

"America: Love it or leave it" is a decision we all have to make within ourselves, each and every day.

[RDTF]

over due ZOT time??

[Reaganwuzthebest]

Yes it’s the law, for now and you’re right America has spoken loud and clear, it is fed up with laws that reward those who don’t belong here. As I said previously, a GOP Congress wouldn’t go near legislation like this today, there’s little support for it.

[org.whodat]

In order to qualify for U Visa interim relief, the immigrant must be the victim of one or more of the following crimes or any similar activity in violation of Federal State, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.

It would be a stretch to say that this would apply in this case.

[Reaganwuzthebest]

If only we could zot the illegal enablers out of the country.

[Tennessee Nana]

Look it up yourself you lazy thing...