Immigration Relief Tools for Prosecutors: U Visas, T Visas, and Continued Presence

Immigrants can be particularly vulnerable to all crimes, and in particular to domestic violence, sexual assault, and human trafficking crimes.  Offenders often use victims’ immigration status to assert power and control, intimidate, and escape accountability where victims are fearful to report to, and follow up with police and prosecutors.  Various forms of immigration relief exist to increase the reporting of crime and improve victims’ ability to participate in the criminal justice process.  Immigration relief is a powerful tool for law enforcement and prosecutors enhancing their ability to identify dangerous offenders and hold them accountable.  These tools can also help prosecutors maintain relationships with victims; however, there are also challenges that may arise in court when handling cases where the victim is an immigrant.  

This presentation will address legal issues related to discovery and the introduction of immigration status in court, as well as strategies related to jury selection and educating the judge and jury about immigration abuse and relief.  The presenters will also discuss how to counter defense arguments that the victim’s report and testimony were manufactured for the purpose of obtaining an immigration benefit.  Prioritizing victim safety throughout the criminal proceedings while complying with ethical obligations will also be emphasized.