Immigration Article of the Day: Disparities in the U Visa Certification Process: Looking towards State-Level Solutions by Ilana Dutton

Disparities in the U Visa Certification Process: Looking towards State-Level Solutions by Ilana Dutton, Columbia Human Rights Law Review, Forthcoming

Abstract

For many noncitizen survivors of crime, the U Nonimmigrant Visa is their only path to legal permanent residency and eventually citizenship. To apply for a U Visa, survivors of crime must obtain a U Certification from a certifying agency where they live. Certifying agencies exercise complete discretion in deciding whether to sign a certification request. Despite being statutorily eligible, many survivors of crime are unable to receive the requisite certification, due to discretionary decisions made by certifying officials.

To demonstrate the problem with the current certification process, this Note conducts an in-depth analysis of two police departments, the NYPD and Dallas Police Department. By synthesizing existing information available on the NYPD and conducting an open records request to get new data on the Dallas Police Department U Visa process, this Note explores two examples of how certification policies can differ. The analysis shows that some certifying agencies, like the NYPD, have two sets of criteria, one that is public-facing and one that they use internally to make decisions. Others, like the Dallas Police Department, have one set of criteria, but it includes elements that go beyond the statutory requirements.

This Note argues that state-level legislative solutions are the best path forward for addressing the flaws in the U certification process. In recognizing that more conservative states may be less likely to pass reforms, this Note provides a wide range of solutions that advocates can pick from. This will allow advocates in more conservative states to slowly chip away at the problem, while advocates in more liberal states can take more dramatic steps towards reform.

KJ