Fact Sheet
On March 6, 2007, a coalition of civil rights organizations and
immigrant victims of violent crimes, including the Center for Human Rights and Constitutional Law, the Central
American Resource Center (CARECEN), Hermandad Mexicana Nacional, Catholic Charities of San Francisco, International Instutute of the East Bay. Friendly House (Phoenix, Az), and Sanctuary for Families (New York), which jointly
serve thousands of immigrant families with domestic violence survivors
and victims of violent crimes, filed a class action federal lawsuit
against DHS Secretary Michael Chertoff, and the U.S. Citizenship and
Immigration Services (CIS) in federal court in San Francisco challenging the defendants’ failure to
adjudicate and issue U visas to eligible immigrant survivors of
domestic violence and victims of violent crimes who are assisting
or have assisted law enforcement in the investigation or prosecution of
criminal offenders.
In addition to the organizational plaintiffs, the suit is joined by 21 individual plaintiffs who are the victims of violewnt crimes and survivors of criminal domestic violence and cooperated with local police to bring their abusers to justice. Two immigrant children are also named in the lawsuit.
The individual Plaintiffs have repeatedly requested in writing that Defendants issue them U visas and issue regulations so that they may understand the standards the CIS intends to follow in granting or denying U visas. The Defendants have ignored these written demands.
On October 28, 2000—over six years ago—the Victims of Trafficking and Violence Protection Act of 2000 (“Violence Protection Act “) was signed into law. Among other things, the Violence Protection Act permits persons who are victims of serious crimes, and who cooperate with law enforcement in the investigation or prosecution of those crimes, to apply for and receive “U” visas. This provision reflects Congress’s judgment that certain crime victims should be permitted to remain lawfully in the United States both for humanitarian reasons and to bring dangerous, violent criminals to justice.
Despite knowing for over six years that they were required to afford crime victims a path to legal status, and despite the efforts of advocates for several years to prompt the issuance of regulations, the Defendants have unlawfully refused and failed to implement the U visa provisions of the Violence Protection Act.
The Plaintiffs’ class counsel recommend that organizations and agencies representing U visa applicants send CIS written requests for already pending cases (unless this has already been done) specifically requesting that the CIS issue these applicants U visas and promulgate U visa regulations, rather than only requesting “deferred action status” and employment authorization. New applications should be accompanied by cover letters that state that the applicant is prima facie eligible for a U visa and is requesting the prompt issuance of a U visa and the issuance of U visa regulations with eligibility guidelines, and that Deferred Action Status is only requested in the event that the agency refuses to promptly grant the applicant a U visa. Unless applicants do so, they may not have standing as class members to directly benefit from any judgment or settlement that may result from the lawsuit.
The CHRCL operates several immigrants’ rights projects including the Voces Unidas Project (www.vocesunidas.org) that currently represents over 1,000 immigrant victims of violent crimes and survivors of domestic violence. Please email CHRCL Staff Attorney Cynthia Lucas and Director Peter Schey with any requests for technical assistance regarding U visas: clucas@centerforhumanrights.org and pschey@centerforhumanrights.org
In addition to the organizational plaintiffs, the suit is joined by 21 individual plaintiffs who are the victims of violewnt crimes and survivors of criminal domestic violence and cooperated with local police to bring their abusers to justice. Two immigrant children are also named in the lawsuit.
The individual Plaintiffs have repeatedly requested in writing that Defendants issue them U visas and issue regulations so that they may understand the standards the CIS intends to follow in granting or denying U visas. The Defendants have ignored these written demands.
On October 28, 2000—over six years ago—the Victims of Trafficking and Violence Protection Act of 2000 (“Violence Protection Act “) was signed into law. Among other things, the Violence Protection Act permits persons who are victims of serious crimes, and who cooperate with law enforcement in the investigation or prosecution of those crimes, to apply for and receive “U” visas. This provision reflects Congress’s judgment that certain crime victims should be permitted to remain lawfully in the United States both for humanitarian reasons and to bring dangerous, violent criminals to justice.
Despite knowing for over six years that they were required to afford crime victims a path to legal status, and despite the efforts of advocates for several years to prompt the issuance of regulations, the Defendants have unlawfully refused and failed to implement the U visa provisions of the Violence Protection Act.
The Plaintiffs’ class counsel recommend that organizations and agencies representing U visa applicants send CIS written requests for already pending cases (unless this has already been done) specifically requesting that the CIS issue these applicants U visas and promulgate U visa regulations, rather than only requesting “deferred action status” and employment authorization. New applications should be accompanied by cover letters that state that the applicant is prima facie eligible for a U visa and is requesting the prompt issuance of a U visa and the issuance of U visa regulations with eligibility guidelines, and that Deferred Action Status is only requested in the event that the agency refuses to promptly grant the applicant a U visa. Unless applicants do so, they may not have standing as class members to directly benefit from any judgment or settlement that may result from the lawsuit.
The CHRCL operates several immigrants’ rights projects including the Voces Unidas Project (www.vocesunidas.org) that currently represents over 1,000 immigrant victims of violent crimes and survivors of domestic violence. Please email CHRCL Staff Attorney Cynthia Lucas and Director Peter Schey with any requests for technical assistance regarding U visas: clucas@centerforhumanrights.org and pschey@centerforhumanrights.org
