Colorado Sheriff and Prosecutor Contest State Law Requiring that U Visas Be Rubber-Stamped

Summary

I n January, a Colorado sheriff and district attorney filed a lawsuit challenging a 2021 state law that imposes requirements designed to force state and local law enforcement agencies to approve certifications for U visas, which are available for certain victims of serious crimes. The purpose of the bill was to facilitate the ability of aliens claiming to be victims of crime to get a certification from a state or local law enforcement agency supporting the alien’s petition for a U visa. This certification is a requirement to apply for a U visa. Under Biden policies — which have not been rescinded by Trump — petitioners can receive the work permit and deportation protection merely for filing the petition, and before any meaningful review of the merits. For more on the problems in the U visa program, see this recent report . The Colorado bill created a strict set of requirements for certifying law enforcement agencies that receive a request from an alleged victim who plans to petition for a U visa. The agencies also must provide information on the U visa process to all victims. They claim that the state law “perverts” the intended purpose of the U visa by “flooding” the immigration system with unqualified applicants, making it harder for meritorious cases to access the benefits. As long as the applicant expressed a willingness and availability to assist in an investigation of an unprosecutable case, Colorado’s law would mandate District Attorney Brauchler certify the U-Visa application.” The complaint cites a number of federal cases in which the courts found that the decision to certify a U visa petition is entirely at the discretion of the law enforcement agency. The U visa program has become a target for immigration fraud and unnecessarily burdens law enforcement agencies with frivolous requests for certification that have nothing to do with protecting victims or solving crimes.