SAN JOSE, Calif. (KGO) — Immigrant victims of certain crimes feel like they are being served a double punishment. Not only did they survive a crime, but they worry speaking up could impact their citizenship.
Law enforcement is concerned that fear of deportation in the community is leading to crimes not being solved or even being reported in the first place.
The silence can put the entire community at risk.
“That fear impacts all of us,” San Jose Mayor Matt Mahan said. “Police officers lose the ability to build cases, our prosecutors lose key witnesses and our communities are left all the more vulnerable to violent crime.”
Congressman Jimmy Panetta wants to ease fear and protect our communities.
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Tae Heung “Will” Kim, a green card holder from South Korea, was taken into custody by immigration authorities at San Francisco International Airport.
His proposed Immigrant Witness and Victim Protection Act provides greater immigration relief for undocumented people who cooperate with law enforcement.
Survivors and witnesses to certain crimes, such as domestic violence and human trafficking, are eligible for non-immigrant, U and T visas.
The bill would expand deportation protections for this group.
“The Immigrant Witness and Victim Protection Act allows witnesses and victims to trust our criminal justice system – to come out of the shadows and to come forward,” Congressman Panetta said.
These visas are incredibly important to the criminal justice system, but right now, they’re almost impossible to get. Only 10,000 are approved annually across the United States and there’s a five-year waitlist.
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“If someone didn’t come forward because of a fear of deportation, maybe that’s a witness we never even knew existed,” San Jose Police Chief Paul Joseph said. “Maybe that’s a victim that we never even knew needed our help and that’s exactly the issue that the Congressman’s bill is trying to address.”
Panetta’s bill effectively eliminates the cap by preventing witnesses and survivors from being deported while they await visa approval – creating a safe place for justice for all.
“Lifting the cap on U and T visas sends a clear message,” Santa Clara Co. Supervisor Susan Ellenberg said. “We believe survivors, we protect our neighbors and we are committed to a system that serves everyone not just a few.”
Panetta’s proposal will face hurdles in a politically divided climate when it comes to immigration.
But he hopes this commonsense policy will prevail in building a better Bay Area and country.
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