Waco Tribune-Herald by Cindy V. Culp
Local attorneys and other advocates are raising concerns about how McLennan County District Attorney Abel Reyna handles requests from illegal immigrants who seek legal status in return for assisting authorities with the investigation or prosecution of a crime.
The immigrants in question want to apply for what is know as a U-visa. The special visa category was created by the U.S. Congress in 2000 to encourage people who are in the country illegally to report crimes and cooperate with law enforcement.
Such visas allow people to legally live here for as long as four years, during which time they can apply for permanent residency.
To apply for a U-visa, crime victims first must get paperwork from either a law enforcement agency or a prosecutor outlining their cooperation. A decision about whether to grant the person legal stats then is made by a federal agency called U.S. Citizenship and Immigration Service. In the past, local officials typically signed off on valid requests fairly quickly, the advocates said. But Reyna has left a number of such requests pending for extended periods of time, they said.
Waco attorney Susan Nelson said that she has yet to hear back from Reyna's office about a request she made in December and another she submitted in February. One was filed on behalf of an adult domestic violence victim. The other involves a child who suffered sexual abuse, she said.
"I don't know of anybody who has gotten a case certified in the last year," Nelson said. "We've just had to tell (clients) we're at a dead end, that it's in the district attorney's hands."
Mark Kinzler, director of immigration legal services for Catholic Charities of Central Texas, said he has had a similar experience. He sent three or four U-visa request to Reyna's office during the past year and has only heard back on one, which was rejected, he said.
"I'm not getting calls back," Kinzler said. "(Prosecutors) have never come flat out and said they won't do them, but all of us that are trying to do certifications are getting the runaround."
Reyna responded to the Tribune-Herald's questions about his U-visa policy via a written statement. He said he has received "numerous" request for U-visa paperwork since taking office in January 2011 and has signed off on "five or less."
As for the pending requests referenced by the attorneys, Reyna said decision have been made on all of them.
"If there is a delay by my office in communicating my decision to the attorney of record, I will deal with that accordingly," Reyna said in his statement. "However, if their compolaint is that they have not heard from my office in a satisfactory amount of time, then the applicant can and should resubmit a U-visa application to one of the other entities or agencies that can certify the U-visa application."
Waco PD policy
That suggestion isn't as simple as it might sound, the attorneys said, The majority of local victims who need U-visa paperwork had their cases investigated by the Waco Police Department, Kinzler said.
The department's policy is that it won't sign such request. Instead, they are forwarded to Reyna's office for consideration.
Department spokesman Sgt. W. Patrick Swanton said the reason for that is because victims might not follow through in helping prosecutors if their paperwork is signed by police. While there have been "very limited" instances in the past where the department acted as the certifying agency that has never been the general policy, he said.
The department's position is a barrier on its own, the attorneys said. But it's further complicated by the fact that Reyna's office has told them cases must be prosecuted to completion before he will consider supporting a U-visa request. That means victims whose cases don't make it to trial or get resolved through a plea deal are out of luck, they said.
Cases can have that result through no fault of the victim the attorneys said. A grand jury might choose not to indict a suspect, for example. Or a defendant might disappear before he can be prosecuted, attorneys said.
The latter is the situation faced by a person Nelson represents. The woman was physically abused by her boyfriend, who fled after charges were filed, she said.
Nelson asked Waco police to support that U-visa request, but the department forwarded the matter to the district attorney's office, she said.
Reyna disputed the assertion that he has adopted any criteria for evaluating requests other than what is set out in federal law. He said it is "not necessarily true" that a case must be fully prosecuted before he considers a U-visa request.
"Each application must be carefully and closely reviewed on a case-by-case basis considering the totality of the circumstances," he said.
Reyna added that he applies a "high level of scrutiny" to requests because of the potential for U-visa misuse.
"While we advocate strongly for our victims, anytime you have a federal law that allows a person and family members who are in our country illegally to become legal residents and work based upon one family member's status as a crime vicitm, then there is a great potential for abuse," he said.
Federal law allows for victims who receive a U-visa to petition on behalf of relatives. When a vicitm is a child, legal status may be granted for the child's parents, as well as, unmarried sibling younger than 18. Adult victims can seek status for the spouses and children younger than 21.
The attorneys and other local advocates said they are trying to arrange a meeting with Reyna to discuss the issue.
Shortly after Reyna was elected, the Texas Civil Rights Project held a training session in Waco that included information about U-visas, said advocate Nancy Pacheco. The Austin-based project does advocacy and litigation work on behalf of low- and moderate-income Texans.
At that time, Reyna was open to talking about the topic, but seemed reluctant about actually certifying requests. Pacheco said. She said she hopes further discussion might bring about change.
State philosophies
Police and prosecutors across the state have a variety of policies and philosophies when it comes to signing U-visa paperwork, Pacheco said. Some officials are reluctant to participate in the process because they perceive anything having to do with illegal immigrants as a touchy political issue. But in many cases, their reluctance stems from misinformation, she said.
"I think alot of them feel like they are granting a visa, granting status and that's completely not the case," Pacheco said. "Basically, all they're saying is the victim cooperated."
Kinzler said he often hears that same misconception. He said he tries to stress that supporting a U-visa application is not just an act of compassion, it's also in the best interest of the entire community.
"You have crimes .. that happen and no one steps forward to talk about it, Kinzler said, adding that criminals who victimize illegal immigrants often prey on others as well.
Amy Perkins, executive director of the Advocacy Center for Crime Victims and Children in Waco, agreed that it's critical for victims to feel safe about talking with authorities. Because of that, she said she is glad a meeting with Reyna's office is in the works.
The agency has worked with four or five clients during the past year who ended up seeking U-visa applications, Perkins said.
"We just want the best for our victims," Perkins said. "I'm confidant that the community, as a team can work through this (issue)."
