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Secure Communmities Program a Threat to Immigrant Domestic Violence Victims

By Jeralyn, Section Civil Liberties
Posted on Sat Feb 26, 2011 at 06:46:46 PM EST
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Safe Horizons is the largest domestic violence victims assistance organization. In the past, it has advised domestic violence victims to report crimes, even if they are undocumented residents.

No more. Homeland Security's Secured Communities program, under which their immigration status will be shared, can cause them to be deported, even though they are crime victims. Safe Horizons has now changed its recommendation.

Designed to identify and deport dangerous, undocumented immigrants with a criminal history, Secure Communities has removed about 58,300 convicts from the United States since its pilot launch in late 2008, according to ICE.

But 28 percent of the people transferred to ICE custody under Secure Communities from October 2008 through June 2010 were non-criminals, according to ICE figures. Some of the detained people--an unknown number--are victims of domestic and sexual violence.

This program will drive the undocumented back into the shadows. It's also contrary to established federal law: [More...]

Federal law protects crime victims from having to reveal their immigration status, if these victims are arrested or have been arrested in the past Secure Communities now discloses that.

38 states have now implemented Secure Communities. There's been a lot of complaints ICE isn't being truthful about the ability of states to opt out of certain aspects, like fingerprint testing and reuslt sharing. Newly released documents from an FOIA lawsuit further expose the problems. A summary of the newly released documents is here.

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    Secure Communmities Program a Threat to Immigrant Domestic Violence Victims | 2 comments (2 topical)

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    Shouldn't they apply for U-visa at same time? (none / 0) (#1)
    by beowulf on Sun Feb 27, 2011 at 01:03:36 AM EST
    There are four statutory eligibility requirements...:
        * The individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity.
        * The individual must have information concerning that criminal activity.
        * The individual must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime.
        * The criminal activity violated U.S. laws
    http://tinyurl.com/UvisaFAQ

    Even if annual 10,000 cap is reached, CIS will grant conditional approval and will put applicant on waiting list for next available slot (they'll have work authorization until slot comes up.  U visa good for 4 years, but recipient eligible to file for green card after 3 years). The threshold is a:
    "U Nonimmigrant Status Certification (Form I-918, Supplement B), from a U.S. law enforcement agency that demonstrates the petitioner "has been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution of the criminal activity... Certifying agencies can be Federal, State or local law enforcement agencies, prosecutors, judges.. child protective services, the Equal Employment Opportunity Commission, and the Department of Labor" (same link)

    So I guess counsel going in with a (for lack of a better term) "witness proffer" is the first step, if the police are willing to certify applicant is "likely to be helpful in the investigation", victim can come to give a statement and with I-918 in hand, apply for a U visa (which also covers dependents).

    It's the New America... (none / 0) (#2)
    by ScottW714 on Mon Feb 28, 2011 at 12:19:38 PM EST
    ... where our second class citizens, the brown ones, have a different set of rules, maybe Alberto can write some cool new memos for Latinos that justify this kind of non-sense.

    This is shameful for any country, but for the one who claims to be the 'melting pot', it's truly despicable behavior.

    There are too many people who think they are somehow above others and it's starting to really permeate throughout the country, like a virus.

    Secure Communmities Program a Threat to Immigrant Domestic Violence Victims | 2 comments (2 topical)

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