Thousands of Crime Victims Finally Receive the Protections of a Law
Passed in 2000
Washington DC (September 5, 2007)– Legal Momentum, the nation’s oldest
legal advocacy organization dedicated to advancing the rights of women
and girls, joins with immigrant rights advocates across the country to
applaud the Department of Homeland Security’s release of interim
regulations on the U visa, a remedy established by Congressional
legislation enacted in 2000. The Department of Homeland Security today
released the regulations thus making immigrant crime victims immediately
eligible for the U visa. Legal Momentum, through its Immigrant Women
Program in Washington DC, is committed to working with the Department of
Homeland Security to ensure that the regulations are aligned with
Congressional intent while providing immediate access to visas for
immigrants crime victims. The Legal Momentum Web site is a portal for
information and will provide critical resources for those who may be
eligible to file for U visas: <http://www.legalmomentum.org/iwp>
www.legalmomentum.org/iwp.
Through its Immigrant Women Program (IWP), and in partnership with the
National Network to End Violence Against Immigrant Women, Legal Momentum
has been advocating for release of these vital regulations to protect
the rights of immigrant women who are victims of crime in the United
States and who, without the protection of the U visa, are less likely to
report the crimes against them. Legal Momentum commends Congressman
David Pryce (D-NC) and Senator Arlen Specter (R-PA) who were
instrumental in encouraging the Department of Homeland Security to
release the regulations.
What is the U Visa and why does it matter?
Created as part of the Victims of Trafficking and Violence Prevention
Act, the U visa is an immigration status available to crime victims who
are helpful in the investigation or prosecution of a crime. In order to
qualify, an undocumented immigrant must also prove that he or she
suffered from physical or mental abuse as a result of the crime. U
visas also create a path to lawful permanent residence, which is
commonly known as a Green Card. This visa will allow undocumented
immigrants to feel safer in coming forward to report and testify about
crimes because they will no longer fear deportation, and they will be
able to work lawfully. It will improve the effectiveness of law
enforcement in investigating and prosecuting crimes, enhancing public
safety throughout the country.
Although Congress passed a law in 2000 that recognizes the role
immigrants can play in improving public safety, that law has not been
enforceable, until now, in the absence of regulations to implement the
visa. Leslye Orloff, director of Legal Momentum’s Immigrant Women
Program, said, “These regulations make it possible for our most
vulnerable immigrants to finally have the opportunity to apply for a
status that should have been available years ago.” She added, “Without
regulations, thousands of immigrants were at best allowed to apply for U
visa interim relief, which granted them authorization to work legally,
but still kept them undocumented.”
The Immigrant Women Program estimates that 8,000 immigrants and their
children have applied for and received interim relief, but many more
waited for the regulations. In addition to keeping thousands of crime
victims from reporting the crimes, this seven-year delay imposed huge
burdens on eligible immigrants who would have, by now, received their
Green Cards. In addition, they were prevented from leaving the United
States to see family and receiving critical benefits, they were required
to pay annual filing fees to renew work authorization.
In an effort to reinforce Congressional intent in enacting this
legislation, Legal Momentum’s Immigrant Women Program has been at the
forefront of the battle to end the long delay by the Department of
Homeland Security in issuing proposed regulations. Said Kavitha
Sreeharsha, staff attorney for the Immigrant Women Program, “We wanted
the Department of Homeland Security to understand that immigrant crime
victims have been struggling while waiting for the regulations to be
issued. Immigrant crime victims do not deserve to be victimized by such
bureaucratic delays.” Members of the National Network to End Violence
Against Immigrant Women were critical in providing the Department of
Homeland Security and others with stories of immigrants who have been
caught in the cycle of waiting for regulations.
About Legal Momentum
With offices in New York City and Washington DC, Legal Momentum is the
nation’s oldest legal advocacy organization dedicated to advancing the
rights of women and girls. Since its founding in 1970, Legal Momentum
has been a leader in establishing legal, legislative and educational
strategies to secure equality and justice for women across the country.
Its public policy and litigation agenda focus on four areas that are of
greatest concern to women in the United States: freedom from violence
against women, equal work and equal pay; the health of women and girls;
and strong families and strong communities.
About Immigrant Women Program
The Immigrant Women Program at Legal Momentum advocates for legal
protections, social services and economic justice for immigrant women
while reforming laws, policies and practices that may harm them.
Contact information:
Leslye Orloff
202-210-8886
<mailto:lorloff@legalmomentum.org> lorloff@legalmomentum.org
Kavitha Sreeharsha
202-903-8994
ksreeharsha@legalmomentum.org
