In keeping with its pattern of limiting immigration on all levels and increasing deportation levels, the Trump Administration has established a new policy for Immigration and Customs Enforcement (ICE) that will give the agency more discretion in deporting crime victims from the U.S.
Congress passed legislation that created the U-visa in 2000. The purpose of the visa was to encouraged immigrants with no legal immigration status to come forward and report incidences of substantial physical and mental abuse. In turn, these crime victims would become eligible to remain in the U.S. under U-visas, with the understanding that they cooperate with law enforcement officials in prosecuting their abusers.
At this point, however, even applying for a U-visa became a risky proposition. If denied, individuals could trigger deportations proceedings by calling attention to their lack of legal immigration status. Furthermore, since it now takes USCIS about four years to process and decide applications for U-visas, the threat of arrest while the application is pending is much higher than under past administrations.
Now, ICE has reversed one of its internal guidance documents concerning U-visas. Historically, ICE has looked to U.S. Citizenship and Immigration Services (USCIS) to determine the likelihood of approval of a U-visa before denying a request for stay of removal by immigrant crime victims. If USCIS indicated that the visa application was likely to be approved, then ICE essentially would stop deportation proceedings until USCIS made a final decision on the application for U-visa. The only exception was for the presence of specific adverse factors, such as public safety concerns.
With its latest reversal of policy, however, ICE no longer will consult USCIS before denying a stay of removal. Instead, ICE officials will have the sole discretion to review the “totality of the circumstances” in deciding whether to grant or deny a stay of removal based on potential eligibility for a U-visa. However, many immigration attorneys have reported in recent years that ICE officials were not seeking input from USCIS on U-visa applications anyway, or only would seek input if the individuals were detained.
The immigration lawyers of Peek & Toland have handled the immigration cases of countless individuals and businesses facing immigration-related issues. We are here to protect your rights and advocate on your behalf to get the outcome that you are seeking. Call our office today at (512) 474-4445 to set up an appointment with our immigration attorneys.