THE BUDGET SIGNED by Gov. Charlie Baker on Friday includes a provision creating statewide standards for immigrant domestic violence and human trafficking survivors who are seeking documentation for certain visas.
The provision, initially filed by Sen. Mark Montigny of New Bedford and Reps. Tram Nguyen of Andover and Patricia Haddad of Somerset, requires state agencies and local law enforcement offices to assist immigrants who testify in criminal cases or are victims of human trafficking and domestic violence with documentation they need to apply for two types of visas.
The visas, identified as U and T, create a way for immigrants to remain legally in the US to work, to avoid deportation, and to pursue a pathway to citizenship
U and T visas are types of permanent residency visas for undocumented immigrants who are victims of a violent crimes, domestic violence, kidnapping, and those who assist law enforcement authorities in investigations. For both types of visas, a law enforcement agency has to attest that a crime occurred and that the visa applicant helped police in the prosecution process in a document called a certification. It’s a deciding factor in the final visa application.
Backers of the provision say it’s needed because police departments and district attorneys often don’t get back to applicants for months, if at all.
The language contained in the budget requires the agencies to respond to certification requests in 90 days.
“If a person is victimized in an area where there is no policy in place, or the agency just isn’t familiar with the certification process, or they just don’t want work on it, there’s nothing in the law right now that would prohibit such departments from completely disregarding a completion process,” said Nguyen in an interview.
The U and T visas were created in 2000 as part of the Trafficking Victims Protection Act to help immigrant victims come forward to report crimes. Nguyen said the policy change is needed now because there has been an increase in domestic violence during the pandemic. “We want to make sure victims and witnesses feel safe to report these crimes, which will increase public safety as well,” said Nguyen.
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Freelance reporter, Formerly worked for CommonWealth
About Sarah Betancourt
Sarah Betancourt is a long-time Latina reporter in Massachusetts. Prior to joining Commonwealth, Sarah was a breaking news reporter for The Associated Press in Boston, and a correspondent with The Boston Globe and The Guardian. She has written about immigration, incarceration, and health policy for outlets like NBC, The Boston Institute for Nonprofit Journalism, and the New York Law Journal. Sarah has reported stories such as a national look at teacher shortages, how databases are used by police departments to procure information on immigrants, and uncovered the spread of an infectious disease in children at a family detention center. She has covered the State House, local and national politics, crime and general assignment.
Sarah received a 2018 Investigative Reporters and Editors Award for her role in the ProPublica/NPR story, “They Got Hurt at Work and Then They Got Deported,” which explored how Florida employers and insurance companies were getting out of paying workers compensation benefits by using a state law to ensure injured undocumented workers were arrested or deported. Sarah attended Emerson College for a Bachelor’s Degree in Political Communication, and Columbia University for a fellowship and Master’s degree with the Stabile Center for Investigative Journalism.
About Sarah Betancourt
Sarah Betancourt is a long-time Latina reporter in Massachusetts. Prior to joining Commonwealth, Sarah was a breaking news reporter for The Associated Press in Boston, and a correspondent with The Boston Globe and The Guardian. She has written about immigration, incarceration, and health policy for outlets like NBC, The Boston Institute for Nonprofit Journalism, and the New York Law Journal. Sarah has reported stories such as a national look at teacher shortages, how databases are used by police departments to procure information on immigrants, and uncovered the spread of an infectious disease in children at a family detention center. She has covered the State House, local and national politics, crime and general assignment.
Sarah received a 2018 Investigative Reporters and Editors Award for her role in the ProPublica/NPR story, “They Got Hurt at Work and Then They Got Deported,” which explored how Florida employers and insurance companies were getting out of paying workers compensation benefits by using a state law to ensure injured undocumented workers were arrested or deported. Sarah attended Emerson College for a Bachelor’s Degree in Political Communication, and Columbia University for a fellowship and Master’s degree with the Stabile Center for Investigative Journalism.
Advocates say that the new rules will provides victims with transparency, allowing them to know their rights and obtain much-needed protections.
“This legislation is essential, especially now, to ensure that survivors feel safe stepping forward to report crime,” said Julie Dahlstrom, director of the Immigrants’ Rights and Human Trafficking Program at Boston University School of Law. Dahlstrom, a group of law students, and the Mass Law Reform Institute assisted Nguyen, Montigny, and Haddad’s offices in drafting the bill.
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