Report: Crime victims denied visa opportunity due to poor police training
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A new report from a city watchdog office criticizes police for poor policies and a lack of training around a special visa program for crime victims who don’t have legal status in the U.S. The report says these “systemic failures” denied more than four dozen crime victims the opportunity to apply for visas created for this situation.
- The investigation was triggered when a 17-year-old was denied the documentation needed to apply after reporting an assault and naming an alleged perpetrator and witness.
Why it matters: Under federal law, undocumented immigrants who are victims of certain crimes that occurred in the U.S. — including sexual assault, domestic violence and human trafficking — are eligible to apply for what's known as a U visa, which gives recipients temporary resident status and a path to permanent residency.
- In order to apply, crime victims first need law enforcement to certify that an eligible crime happened and that the victim helped police or prosecutors.
Details: The ombudsman's investigation found that in 2020 — the first year statistics were collected, due to a new Oregon law — Portland police approved almost 90% of certification requests, on par with other local jurisdictions of a similar size.
- But in 2021 — the year the 17-year-old asked for certification — and the first half of 2022, approval dropped to below 50%, according to the report.
- "This just seemed like someone who was exactly the kind of person this program was designed to protect," Tony Green, Portland's deputy ombudsman, told Axios.
State of play: Portland's ombudsman office found that police hadn't changed policy, and the victims' requests hadn't changed year over year either. Rather, the report blamed "insufficient policies and training, a poor understanding of the law, inconsistent review practices, and high turnover" of officers assigned to review the certification applications.
- State law says that law enforcement agencies should presume the victim is or will be helpful unless they've refused or failed to respond to law enforcement's reasonable requests.
Threat level: Because of the sudden decrease in the certification rate, the report said, "more than four dozen undocumented immigrant crime victims and their family members were denied the opportunity to apply for visas" they may have been eligible for — which in turn put them at risk of deportation.
- Chicago police have faced similar allegations.
By the numbers: 64% of denials Portland police made in 2021 were because police concluded the reported crimes didn't qualify.
- The report, however, cites examples of crimes police may have misclassified, such as an attempted stabbing — classified as a misdemeanor — that may also have met felony requirements.
The other side: Portland Police Chief Chuck Lovell declined an Axios interview request, but wrote a letter to the ombudsman's office responding to the report's recommendations that the bureau improve training and review previously denied cases.
- "The Police Bureau will continue to work with applicants to have their applications re-evaluated when requested," he wrote.
- He also noted the bureau is planning a training and has updated its policy manual.
The bottom line: Police approval of requests to certify victims' cooperation has started to return to levels on par with comparable jurisdictions, but the dozens of denied cases cited in the report remain.
Of note: The 17-year-old whose case triggered the investigation ultimately did receive a certification of cooperation and has applied for a U visa.
- It may be years before her case is heard. Federal law limits U visa approvals to 10,000 per year, which has created a large backlog of applications.
- Meanwhile, her lawyer tells Axios having simply filed for the U visa may help her fight deportation proceedings that have been underway.