Building Law Enforcement Capacity to Serve Immigrant Victims

1. Building Law Enforcement Capacity to Serve Immigrant Victims The National Immigrant Victims’ Access to Justice Partnership Salem, Oregon February 19, 2014

2. This project was supported by Grant No. 2009-DG-BX-K018 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice.

3. Introduction • Faculty • Housekeeping • Pre-Training Assessment 3

4. Overview of Training Folder • Pre-Training Assessment • Agenda • PowerPoint Presentation • Faculty Biographies • Participant List • Technical Assistance Information • Glossary • U-visa Toolkit (contains Quick Reference Guide, Frequently Asked Questions, Sample Designee Letter)

5. U-visa Tool Kit • Background Information • Quick Reference Guide • Certification Instructions • Sample Redacted U-visa • Certification (I-918B) • Sample Designee Letter • Sample Officer’s Duties • Sample Outreach Flyer • Sample Protocol • News Articles Summary • Statutory and Regulatory Background, • DHS Guidance • Flowchart • Frequently Asked Questions

6. Participant Introductions, Goals and Expectations

7. By the end of this workshop, you will be able to: • Understand the U-visa certification process • Understand law enforcement ability to work with immigrant victims • Understand the benefits of the certification program to law enforcement and to community safety 7

8. What is your knowledge of the U-visa?

9. Overview of the U-visa • Purpose: Why does it exist? • Requirements: Who can receive it? • Application Process: How does one get it? • Quick Facts

10. Congress enacted VAWA self-petitioning (1994) and the U-visa (2000) to: Purpose • Improve community policing and community relationships • Increase prosecution of perpetrators of crimes against immigrant victims • Allow victims to report crimes without fear of deportation • Enhance victim safety • Keep communities safe 10 10 10

11. U-visa Requirements 11 11 • Victim of a qualifying criminal activity • Has been, is being, or is likely to be helpful in • Detection, investigation, prosecution, conviction or sentencing • Suffered substantial physical or mental abuse as a result of the victimization • Possesses information about the crime • Crime occurred in the U.S. or violated U.S. law 11

12. The U-visa Application Process Law enforcement certification Complete and submit application with additional documentation and fees (or waiver request) Decision from USCIS within about 9 monthsto a 1 year 12 12

13. Quick U-visa Facts • Only 10,000 U-visas can be granted annually • The U-visa grants a temporary 4 year stay • Only some U-visa holders will qualify for lawful permanent residency– no guarantee • U.S. citizenship can only be attained after legal permanent residency for 5 years + proof of good moral character

14. Dynamics of Crime Victimization Experienced By Immigrants and Refugees

15. Dynamics of Crime Victimization Experienced By Immigrants and Refugees By the end of this segment, you will be able to: • Understand the immigrant victim’s fear of deportation • Identify the barriers that prevent immigrant victims from cooperating with the criminal justice system 15 15

16. Which country do the victims in your jurisdiction come from?

17. Oregon – Demographics (2011) • Total foreign-born population – 337,613 • 9.8% of the state’s 3,868,229 is foreign-born. • 38% of the foreign-born population were citizens. • Growing proportion of new immigrants • 29.5% entered in the 1990s • 37.5% in 2000 or after • 23.5% of children in the state have 1 or more immigrant parent. • 85.5% of children with immigrant parents in Oregon are US citizens by birth.

18. Oregon – Immigrants Countries/Regions of Origin (2011) • 3.3% Africa • 29.4% Asia – 5.7% China, 4.9% Vietnam • 15% Europe • 46.8% Latin America – 40.3% Mexico • 3.8% North America • 1.7% Oceania

19. California – Immigrants Countries/Regions of Origin (2011) • Mexico – 41.8% • Southeast Asia –15.4% • Africa – 1.6% • Central America – 50.3% • India – 3.7% • China/Taiwan – 7.5% • Europe – 6.5% • Cuba – 0.3% • Japan – 1.0% • Korea – 3.3% • Philippines – 8.0% • Middle East – 2.5% • Canada – 1.2%

20. How does the U visa help law enforcement?

21. U visa Benefits to Law Enforcement • Encourages victims to report crimes • Improves investigation and prosecution of violent crimes • Increases potential to convict most dangerous criminals • Demonstrates commitment to protecting immigrant community members • Enhanced immigrant community involvement • Reduces repeat calls and recanting victims • Fosters community policing partnerships • Enhances Officer and Community Safety 21 21

22. Keeping Communities Safe Reporting Crime vs. Deportation • Concerns about immigration status result in undocumented immigrant crime victims being • Less likely to: • Report a crime • Provide information to police & prosecutors • Believe police & prosecutors want to help them • Testify • More likely to: • Be susceptible to perpetrator’s coercion and threats; particularly immigration related threats, coercion and abuse 22

23. Prevalence of Domestic Violence in Immigrant Communities • Domestic Violence in U.S. in general: 22.1% (NIJ) • Domestic Violence among Immigrant women: 30-50% • Research has found that immigrant victims • Stay longer with their abusers • Have fewer resources • Sustain more severe physical and emotional consequences of abuse

24. Prevalence of Sexual Assault In Immigrant Communities • Immigrant women experience sexual assault at higher rates than other women, particularly during the first two years after arrival in the U.S. • Victimization of immigrant children also high including child sexual abuse • Multiple immigrant populations studied

25. Individual Activity Immigrant Victim Barriers Write down 3 reasons why an immigrant victim does not want to be deported back to his/her home country 25 25

26. Large Group DiscussionWhy do immigrant victims feardeportation to their home country? 26

27. Immigrant Victims Concerns Surrounding Abuse and Deportation • Danger to victim in the home country (retaliation) • Fear of being ostracized by home country community • Fear of abandoning the home • Fear of police/experience in home country • Religious Factors • Political instability/Gender barriers in home country • Fear of unknown • Immigration related abuse from perpetrator – fear of deportation • Economic survival • Pressures from Family/children • Fear of losing custody/access to children • Power and control over victim’s immigration status • Victim believes that if he gets deported she has to go with him

28. If an immigrant/refugee victim considers reporting, what are the barriers? Story Sharing 28

29. Barriers to Reporting • Threat of deportation • Took her valid documents • Valid documents replaced with fake documents • Shame • Perpetrator was a gang member– victim feared violence • No access to money • Made to feel powerless • Subject to total power and control • Language barriers • Lack of knowledge about legal rights and U.S. system

30. Barriers for Immigrants • Language access • Lack of understanding of U.S. Laws • Abuser’s power and control over victim’s immigration status • Domestic violence • Sexual assault in the workplace or at university • Refugees

31. Department of Homeland Security Immigration Functions • United States Citizenship and Immigration Services (USCIS) • Immigration and Customs Enforcement (ICE) • Customs and Border Protection (CBP) 31

32. Civil vs. Criminal Immigration Violations • Civil Violations • Unlawful entry into the U.S. • Unlawful presence • Working without employment authorization • Criminal Violations • Illegal entry, departure, and subsequent reentry (federal) 32

33. Law Enforcement Collaboration with the Federal Government

34. Local Enforcement of Immigration Laws • 287(g) • Criminal Alien Program (CAP) • Secure Communities • Informal partnerships with Immigration and Customs Enforcement (ICE) 34

35. The 287(g) Program • Immigration and Nationality Act § 287(g) allows law enforcement officers to perform the duties of an immigration officer • Partnership must be established by a Memorandum of Understanding (MOU) with the Department of Homeland Security • Exists in limited number of jurisdictions • Basis: 1996 IIRIRA (allows MOU and voluntary reporting) 35

36. Secure Communities Criminal Alien Program (CAP) • Allows local law enforcement to check the immigration history of an individual in custody • Provides some amount of financial reimbursement for subsequent custody based on immigration violations • Permits the FBI to share with DHS, the fingerprints they receive from state and local law enforcement • DHS may then asks local law enforcement to detain the immigrant for immigration purposes 36

37. Which of these programs operate in your jurisdiction either formally or informally?

38. Immigration Detention Process • Identification/entry into the enforcement system • Department of Homeland Security • Local law enforcement – await ICE processing, issuance of detainer (48 hours maximum) • ICE Detention Determination • Immigration Court • Court decides whether or not to release individual or detain pending removal proceedings • ICE prosecutors can decide whether to move forward with removal proceedings

39. DHS Priorities for Enforcement and Victim ProtectionDHS Memos – Guidance • DHSvictim witness memo • Humanitarian release • 384 DHS computer system (VAWA, T-visas, U-visas) • Memorandum on DHS detention priorities • DHS law enforcement Q & A on T and U visas • U-visa Law Certification Resource Guide

40. Los Angeles ICE Field OfficeAssistant Field Office Directors: Robert Naranjo& James Pilkingtonemail: LosAngeles.Outreach@ice.dhs.govArea of Responsibility:Los Angeles Metropolitan Area (Counties of Los Angeles, Orange, Riverside, San Bernardino), and Central Coast (Counties of Ventura, Santa Barbara and San Luis Obsipo)

41. ICE Victim Assistance SpecialistRohidaKhan(562)624-3981rohida.khan@dhs.gov

42. Recap: U-visa Requirements • Victim of a qualifying criminal activity • Has been, is being, or is likely to be helpful • Suffered substantial physical or mental abuse as a result of the victimization • Possesses information about the crime • Crime occurred in the U.S. or violated U.S. law • U-visa Certification: Introduction (Toolkit p.4) , U-visa Quick Reference Guide (Toolkit p.12) 42

43. U-visa Requirements: Criminal Activity By the end of this segment, you will be able to: • Identify types of criminal activities covered under the law • Begin identifying victims who might qualify for U-visas • Statutory and Regulatory Background, Toolkit p. 46

44. What crimes are you seeing around your community ? • Kidnapping • Abduction • Trafficking • Involuntary servitude • Slave trade • Being held hostage • Peonage • False Imprisonment • Blackmail • Extortion • Witness tampering • Obstruction of justice • Perjury • Domestic violence • Sexual assault • Rape • Incest • Prostitution • Torture • Female genital mutilation • Felonious assault • Manslaughter • Murder

45. What types of crimes are affecting the immigrant communities in your jurisdiction?

46. What is a qualifying criminal activity?

47. These are the categories of criminal activities listed in the statute Rape Torture Trafficking Incest Domestic violence Sexual assault Prostitution Female genital mutilation Involuntary servitude Slave trade Being held hostage Kidnapping Abduction Peonage False Imprisonment Blackmail • Extortion • Manslaughter • Murder • Felonious assault • Witness tampering • Obstruction of justice • Perjury • Attempt, conspiracy or solicitation to commit any of these crimes • Any similar activity

48. Role PlayInterviewing the Victim 48

49. U-visa Certification Considerations For Law Enforcement • What criminal activity occurred • Identify the victim or indirect victim • Note injuries observed, if any • Determine helpfulness of the victim • Determine if any family members were implicated in the crime

50. How will a U-visa certification request come to you? • From victim advocate or immigration attorney • As a police officer you are the first responder • As a prosecutor you might have continued contact with the victim and might be first to identify victim’s U-visa eligibility