Another U Visa Scam by Illegal Aliens: What Law Enforcement Needs to Know
In Houston, a staged robbery ended in a very real death. Ironically, the man acting as the robber was killed by a bystander. Those involved in planning the “robbery” did so in order to allow the “victims” to seek immigration relief and safe harbor from deportation. According to Fox26 in Houston and court records, two men were working together to stage a robbery so their “victims” could file for U visas, a special visa intended for victims of crime, and the fatal incident occurred after at least two other staged robberies by the men.
This is not a new phenomenon, but it highlights the fraud and abuse rampant in our immigration system, particularly the U visa program. Congress originally created the U visa for victims of crime to strengthen law enforcement’s ability to investigate and prosecute serious crimes, such as domestic abuse, manslaughter, and sexual assault.
To qualify for the U visa, the victim must petition U.S. Citizenship and Immigration Services (USCIS) and provide evidence. One of the required pieces of evidence is Form I-918B, a certification from law enforcement confirming the qualifying crime occurred and that the victim was helpful, is being helpful, or is likely to be helpful in the detection, investigation, or prosecution of the qualifying criminal activity.
The number of pending U visa petitions has increased to 334,000 cases, even though there is an annual cap of 10,000 set by Congress. Once an alien applies, they are eligible for a work permit and placed on a wait list. The status is valid for four years and can be renewed, until, in most cases, the alien eventually gains permanent residence and a green card. Thus, there’s a huge incentive for illegal aliens to claim they are victims or stage a robbery, as was done in Houston.
There are many flaws with the U visa program as is. Most notably, illegal aliens shop around for law enforcement agencies that will sign a U visa certification, which is the golden ticket to getting in the queue. Not only is it easy to file a visa petition, but it’s also free, and those who file quickly obtain work authorization documents. The petition is often incomplete and lacks evidence, but USCIS will accept it regardless. Some aliens are eligible for the visa even though the statute of limitations related to the crime has expired. Worst of all, if a petition is pending, ICE – under the Biden administration’s directive – has a policy not to arrest or deport the applicant.
Does law enforcement have to sign a request from a potential victim? No. Under federal law, there is no obligation for law enforcement to sign a request from a potential victim. However, law enforcement agencies may feel compelled and face pressure to sign a certification, despite having reservations. While law enforcement may withdraw their certification at any time (i.e. the victim is not cooperating), this administration is considering rules to make it impossible to withdraw their support or certification for the alien.
In fact, one key problem with the U visa program is that law enforcement officers may be certifying petitions even though the crime did not take place in their jurisdiction, or the crime did not even qualify under the law. Some law enforcement officers may not realize that the form they completed and signed may be altered at a later date. In addition to potential changes to the form after they have signed there is also a potential for fraud. The Office of Inspector General (OIG) highlighted instances of fraud when attorneys or petitioners forged the law enforcement officer’s signature. Some aliens make false reports of crimes that never occurred – or simply stage the crime in order to file for the benefits, as happened recently in Houston, Texas.
The U visa scam will continue unabated under the Biden administration, which has made it easier than ever to exploit our immigration system and all its loopholes. The administration has been unwilling to address significant problems identified by the 2022 OIG report. That is why it is incumbent upon law enforcement agencies to be alert. They can and should consider policies and procedures, so they aren’t duped.
Law Enforcement Agencies (LEAs) should consider the following best practices:
- Require all certifications to flow through one office to ensure consistency and accountability.
- Require supervisory review of all certifications to ensure validity.
- Before certifying, LEAs should establish a background check process (i.e. NCIC or other checks available) to determine a person’s criminal history.
- Before certifying, require officers to interview alien requesting a signed certification.
- Require police reports or other evidence.
- Retain copies of all signed forms.
- Have policies in place that prohibit the signing of a certification if:
- alien has a criminal record or other outstanding warrant.
- alien does not reside in state.
- the crime was not committed in the state.
- the statute of limitations on the crime has expired.
- there is not an active investigation underway.
- Conduct a monthly, biannual or annual review of all certifications, and require withdrawal of certifications when
- Alien is no longer cooperating.
- Alien has committed a crime since original certification.
- Statute of Limitations has expired.
- Case is closed without prosecution.
For more information on the U visa program, what law enforcement officers can and should do, and how you can be involved in reforming the program, contact FAIR at 202-328-7004.