'U' Visa Allows Illegals Path to Residency Status

I think all of us will agree in cases of law breaking the punishment should fit the crime. But by the same token, shouldn’t the remedy fit the injury?

Right now in U.S. immigration law there is a remedy mismatch that is resulting in citizens being victimized so aliens can exploit the system and gain permanent residency in the U.S. Specifically, the cause is the Victims of Trafficking and Violence Protection Act of 2000.

Fox News explains the law allows aliens, both legal and illegal, to apply for a permanent “U" visa if they are victims of stalking or domestic violence. The visa allows the alien to remain in the country while they assist law enforcement and at the conclusion of the investigation they are allowed to remain as permanent residents.

That is winning the immigration lottery. Using their “domestic violence” beachhead, the victim can bring over the rest of the family — mother, father, sisters, brothers, uncles, you name it. This “remedy” is so out of proportion to the crime that aliens are filing false claims of abuse against U.S. citizens to qualify for the U visa.

As former Arapahoe County (Colo.) District Attorney Michael Steinberg, who now specializes in such cases, explains, “Anyone who enters the country illegally and can produce a restraining order or affidavit, even with no hard evidence of abuse, is likely to be approved for a work permit and permanent residency.”

The process is completely one–sided with the accused prevented from offering evidence to Customs and Immigration.

These con artists go to police claiming some sort of abuse and thereby cause their citizen victims to be arrested and incur significant legal fees. Other variations of the scam can see citizen bank accounts drained and reputations and career prospects permanently damaged by false abuse accusations.

Jessica Vaughan, director of policy studies for the Washington-based Center for Immigration Policy, tracks these cases, “It can’t be that there has suddenly been a wave of domestic violence or victimization of immigrants,” Vaughan said. “Instead, the advocates for illegal immigrants have realized that these special green card programs are a way to launder the status of many illegal aliens in the absence of a larger amnesty.”

The solution to the problem is to make the cure fit the cause and remove the incentive for fraud.

Since the whole family was not being abused, any extension of legal status should only apply to the victim. Once the case is concluded, then the victim reverts to his or her former immigration status and follows the rules.

Removing the disproportionate advantages of claiming victimhood will in turn remove much of the motivation for fraud against citizens.

Michael Reagan, the eldest son of President Reagan, is a Newsmax TV analyst. A syndicated columnist and author, he chairs The Reagan Legacy Foundation. Michael is an in-demand speaker with Premiere speaker’s bureau. Read more reports from Michael Reagan — Go Here Now.