Building Capacity to Serve Immigrant Victims

1. Building Capacity to Serve Immigrant Victims The National Immigrant Victims’ Access to Justice Partnership Leslye Orloff and Ofc. Michael LaRiviere October 2, 2013

2. Introduction • Faculty • Housekeeping • Pre-Training Assessment 2

3. 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

4. Participant Introductions, Goals and Expectations

5. 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 5

6. What is your knowledge of the U-visa?Answer Question on scale of 1-5

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

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

9. 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 9 9 9

10. U-visa Requirements 10 10 • 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 10

11. 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 months to a 1 year 11 11

12. 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

13. Dynamics of Crime Victimization Experienced By Immigrants and Refugees

14. 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 14 14

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

16. Connecticut – Demographics (2011) • Total foreign born population –478,323 • 13.3% of the state’s 3.5 million people is foreign born • 49.4% Naturalized Citizens • 31.4% Legal Permanent Residents and Immigrant Visa Holders • 19.2% Undocumented (Immigration Policy Center May, 2013) • High proportion of new immigrants • 53.8% entered in the 1990s • 16.5% entered 2000 or after • 51.8% of immigrant population are female • 23.3% of children in the state under age 18 have 1 or more immigrant parents • 85.3% of children with immigrant parents in Connecticut are U.S. citizens

17. Connecticut – Countries/Regions of Origin Jamaica – 7.1% Caribbean (excluding Jamaica) – 7.3% Poland – 5.9% South America – 15.3% India – 6.6% China/Taiwan – 4.4% Canada – 3.5% Southeastern Asia – 5.2% Central America – 11.3% Europe (excluding Poland) – 21.7% Africa – 4.4% 17

18. How does the U visa help law enforcement?

19. 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 • Makes it easier to identify victim witnesses • Reduces repeat calls and recanting victims • Fosters community policing partnerships • Enhances Officer and Community Safety 19 19

20. 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 20

21. 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

22. 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

23. Large Group DiscussionWhy do immigrant victims feardeportation to their home country? 23

24. 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

25. If an immigrant/refugee victim considers reporting, what are the barriers? 25

26. Barriers to Reporting • Threat of deportation • Perpetrator’s power and control over victim’s immigration status • 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

27. BREAK

28. Law Enforcement Collaboration with the Federal Government

29. 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) 29

30. 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

31. Secure Communities • 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 31

32. DHS Video Part I • http://niwap.org/training/DHS-roll-call/

33. 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) 33

34. 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

35. U Visa Criminal Activities • Kidnapping • Abduction • Trafficking • Involuntary servitude • Slave trade • Being held hostage • Peonage • False Imprisonment • Blackmail • Extortion • Witness tampering • Obstruction of justice • Perjury • Stalking • Domestic violence • Sexual assault • Rape • Incest • Prostitution • Torture • Female genital mutilation • Felonious assault • Manslaughter • Murder Attempt, conspiracy or solicitation to commit any of these crimes any similar activity

36. 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

37. 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

38. Completing the U Visa Certification

39. The Parts of the Certification Form U visa Toolkit, p.17 or Separate Document in Right Pocket of Folder Identify the victim or indirect victim (Part 1) Include agency and certifier information (Part 2) What criminal activity occurred? (Part 3) Determine helpfulness of the victim (Part 4) Determine if any family members were implicated in the crime (Part 5) Signature of certifier (Part 6)

40. Law Enforcement Certification Form I-918 Supplement B

41. Victim was killed or is incapacitated • Next friend • Family members of alien victims • Bystanders • Any state laws regarding indirect victims? Identify the Victim or Indirect Victims (Part 1)

42. Orloff Lelsye E 08/28/1956 x LEAVE BLANK

43. Agency and Certifier Information (Part 2)

44. Orloff Leslye E 08/28/1956 x Sheriff’s Office Captain Mike Supervisor/D.V.U. Sheriff Ric Bradshaw LEAVE BLANK 3228 Gun Club Road CT 06109 Hartford (860) 688-3000 (860) 688-3000 x x x H-62632-11

45. Identify the criminal activity that occurred (Part 3) • Law Enforcement has to consider: • What is the crime? • Is the crime a qualifying criminal activity • under the U visa?

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

47. Orloff Leslye E 08/28/1956 x Sheriff’s Office Captain Mike Supervisor/D.V.U. Sheriff Ric Bradshaw LEAVE BLANK 3228 Gun Club Road Hartford CT (860) 688-3000 (860) 688-3000 x x x H-62632-11 x

48. 12/19/12 sec. 741.28 Domestic Violence x x Hartford, CT Husband strangled Mrs. Orloffduring a domestic dispute. As a result of Mrs. Orloff being assaulted and strangled she suffered injuries to her neck. (see attached photographs)

49. Determine Whether the Victim is Helpful (Part 4) Review Statute and DHS Regulations: has been helpful, is being helpful oris likelyto be helpful in the Detection, or Investigation, or Prosecution, or Conviction or Sentencing There is no degree of helpfulness required Law enforcement may complete U visa certification once they assess victim’s helpfulness The investigation or prosecution can still be ongoing

50. Some Examples of Helpfulness Calling 911 to report a crime Providing a statement to the police Filing a police report Seeking a protection order Providing information to prosecutors Serving as a witness in a prior prosecution or investigation