Commentary:
By Juan Mundo

According to U.S. estimates, each year as many as 100,000 victims, both adults and minors, are illegally trafficked to United States from abroad. In 2012, The Violence against Women Act authorization passed in the U.S. Senate, but was rejected by the Republican-dominated House, partly due to its increase in U-visas (from 10,000 to 15,000 annually), which some claimed might be fraudulently attained. U-visas applies to immigrants, including undocumented immigrants, who are the victims of certain serious crimes and who have cooperated with authorities in the prosecution of the perpetrator. An immigrant granted a U Visa or I-360 Petition will subsequently be given legal status to reside and work in the United States. The Senate approved a revised bill eliminating the increase in U-visas, but Senator Leahy (D-VT) vowed to fold this omitted increase into upcoming immigration reform.

The Senate’s bipartisan VAWA reauthorization passed on February 28, 2013, but stripped of its proposed increase in U-visas. A new immigration reform bill is being discussed in Congress, but the legislation has not yet been drafted. Last year, there were twice as many applicants as available U-visas; human trafficking crimes keep growing, especially in California with its international ports and a large population of migrant workers. Increasing U-visas and clarifying the process for eligibility is necessary to ensure that the visa provides a pathway out of abuse for immigrant victims of violence.

Every fiscal year 10,000 U-visas are given out to crime victims who have suffered physical or mental abuse. Victims of the following crimes are eligible to apply for a U-visa: domestic violence, blackmail, human trafficking, slave trade, rape, prostitution, sexual exploitation, sexual assault, abusive sexual contact, being held hostage, torture, female genital mutilation, involuntary servitude, kidnapping, manslaughter, murder, and other related crimes. The majority of U-visa recipients are women from Latin America. U-visa applicants have predominantly experienced domestic violence, elder, or child abuse (46%), sexual assault and trafficking (29%), felonious assault, torture, and murder (11%), or kidnapping and false imprisonment (8%). In 2010, 10,742 people applied for the program; in 2011, the number of applicants increased to 16,768, and in 2012, there were 24,788 applicants – over twice the number of visas available.

An increase U-visas (by 5,000) was proposed in the Violence Against Women Act Reauthorization of 2013 to encourage undocumented immigrants to report abuse and cooperate with law enforcement officials in prosecuting the perpetrator. By providing temporary legal status to undocumented victims, the same improvements seen after VAWA was enacted could occur in the large communities of undocumented immigrants in our country. Most importantly, the increase in U-visas would have protected 5,000 more victims of abuse by allowing them to report the abuse and leave the violent situation without fearing deportation. Additionally, the increase in U-visas would also have aided in the prosecution of 5,000 more abusive criminals that otherwise continue to live and abuse in the community.

Not only do U-visas assist with punishing offenders, but they also allow police to establish a more positive relationship with the members of their community, particularly undocumented immigrants. When law enforcement has legislation that allows them to protect the (non)residents in the community, rather than prosecute their illegal statuses, a healthier and more-trusting relationship can be formed. A better relationship allows for more effective prevention and investigation of crimes, therefore making communities safer.

Law enforcement contributes to a victims’ difficulty in applying for and obtaining U-visas; they often fail to provide the required certification, due to lack of training and/or prejudice toward undocumented individuals, showing that a crime occurred and that the victim cooperated with law enforcement. The victims need these certifications from law enforcement on their U-visa application in order for the application to be granted. U.S. Citizenship and Immigration Services, not law enforcement, is the agency that decides if the victim suffered substantial harm during the crime according to the U-visa guide. Many times, law enforcement does not provide certifications when it does not believe the victim has suffered substantial harm; however, this is not their role. The Department of Families and Children is another county agency that is denying these certifications to juvenile U-visa victims due to complications involving confidentiality. Los Angeles County Board of Supervisor Zev Yaroslavsky, has been lobbied about the U-Visa concern and expressed interest to make an impact with the County Law Enforcement agency and the Department of Families and Children.

Juan Mundo is a Social Work Student at the University of Southern California.