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Posted on 10/18/2005 3:42:37 PM PDT by NormsRevenge
LOS ANGELES - Lawyers for undocumented immigrants who've been victims of violent crimes filed a federal lawsuit Tuesday against the Department of Homeland Security for failing to issue protective visas Congress created five years ago.
The 2000 law approved visas for victims of violent crimes who cooperate with law enforcement investigations or prosecution of crimes. The visas allowed them to remain in the United States and apply for permanent residency after three years. But regulations detailing how to apply for the U-visa were never published, and no visas have ever been issued.
"Congress enacted the law with the dual goal of making communities safer ... and as a humane gesture to those immigrants who cooperate with law enforcement agents," said Peter Schey of the L.A.-based Center for Human Rights and Constitutional Law, one of three groups that filed the suit here. "How can the government expect immigrants to comply with the law when it is not complying with its own laws?"
The suit was filed on behalf of nine immigrants from California, Texas and Arizona, including several children. Attorneys in the case are seeking class action status.
Homeland Security's U.S. Citizenship and Immigration Services, which issues visas, declined to comment on the suit.
"We're looking at taking our time to ensure that the final regulations we put out are concise and clear and complete," said USCIS spokesman Chris Bentley.
Regulations for a similar visa created under the same law, which allows victims of human trafficking to remain in the United States, were issued in 2002. Schey said there's no excuse for the government to take this long on the U-visa.
Gail Pendleton, a Boston-based immigration attorney and co-chair of National Network to End Violence Against Immigrant Women, said she believes the delay is emblematic of the nation's ambivalence over immigration.
"Undocumented immigrants are being blamed for all the ills of our society, so there is a lot of pressure on the agency on the enforcement side," she said, "but you also have a Congress that understands the overarching need to help victims of crimes and help the criminal system to get at the perpetrators."
Jorge Rodriguez Ruiz, 20, of Oaxaca, Mexico, is among the plaintiffs in the case. In April, he and six others say they were attacked by a man who held them at gunpoint for half an hour at a rest stop in Maricopa County, Ariz., before authorities intervened.
Rodriguez and the others gave sworn statements to police and received department certificates confirming their cooperation, though the man was never prosecuted. Rodriguez is now facing deportation.
"I am here representing not only myself, but also my companions who were detained at gunpoint with me, and all other immigrant victims of crime in the United States who have helped the police," he said in Spanish at a press conference Tuesday.
People who apply for the U-Visa can obtain "deferred action" status, which offers some protection and allows them to work. But they cannot leave the country, and it's not clear whether time under the deferred status will count toward permanent residency.
As of Tuesday, 3,011 people had requested the deferred action status, including family members of victims, and 2,132 requests were granted, Bentley said.
Still, a significant number of immigrants who are already in deportation proceedings are not receiving the deferred action, Pendleton said.
And USCIS has done little to publicize the visas, meaning many immigrants don't know they can apply.
"Many police officers and Immigration and Customs Enforcement officers are also unaware because there are no forms, no information," Schey said. "Immigrants come in to report a case and then they're driven right over to ICE."
$&*^#)^%*@#{+$)^*@#_%$)!
I don't dare!
ping
Jorge Rodriguez Ruiz, 20, of Oaxaca, Mexico, is among the plaintiffs in the case.
Well, which is it? Are these people "immigrants" from California, Texas and Arizona or are they illegal aliens from Mexico?
I was thinking the same thing.
They are just "victims' of 'conflicting legalities' , yaknow .. lol :-}
The "Immigration Bar" are a group of evil degenerate thieves, loathsome even among lawyers in general.
Awwwwww Jeeeezzzzze not this sh!t again!!!!!
There is no reining these rat bastard bottom feeders, these immigration lawyers. One of the most traitorous groups in the USA
Lots of these skunks are immigrants or sons of immigrants. Zero loyalty to, zero understanding of the nation they profit off of and do their best to destroy
Long legal history. Product of the UC system. Poster child for what's wrong in the US today.
So what's to stop them from all lining up in front of Guido, paying him 100 bucks a pop, and having him smack them good and square in the kisser?
Then running off to the immigration people and show them their shiner to get the papers they need to stay?
doesn't matteer where they are from, maybe they will give em a ranch
Nothing. Absolutely nothing.
Jorge Rodriguez Ruiz, 20, of Oaxaca, Mexico, is among the plaintiffs in the case. In April, he and six others say they were attacked by a man who held them at gunpoint for half an hour at a rest stop in Maricopa County, Ariz., before authorities intervened.
Does this mean that any illegal in the US can claim that they were "victimized" and get a free visa?
Jorge Rodriguez Ruiz, 20, of Oaxaca, Mexico, is among the plaintiffs in the case. In April, he and six others say they were attacked by a man who held them at gunpoint for half an hour at a rest stop in Maricopa County, Ariz., before authorities intervened.
Jorge is being a little dishonest here. He and his fellow illegals were not attacked. They were held by a soldier, who then called police. The soldier was arrested, but later freed when it was determined that he did nothing wrong.
Thanks for posting that. I knew I remembered those illegals. I was just asking about that in post 15.
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This is favoritism, sorry they were a victim but if I am a victim of a violent crime, what compensation do I receive from the government, ..Nothing. other than the same same right as they do to sue their perpetrator for civil damages!
The issue here is really law and order and fairness, and the lack of practice in any sort of logic to our legal system, come on, So with this logic, all my traffic tickets should be cleared if I become a victim of another unrelated crime!
California immigration lawyers would make great shark bait.
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