IMMIGRATION
ADVOCATES
NETWORK
U Visas after an Enforcement Action:
Collaborating with Non-Traditional Law
Enforcement Agencies
Facilitated by Sonia Parras Konrad & Gail Pendleton
ASISTA Co-Directors
www.asistahelp.org
Goals
1. Overview of the U Visa process
2. Identify non-traditional partners and their role in assisting
immigrant survivors of crimes of violence in the workplace
3. Improving interviewing skills and building
partnerships in the context of labor violations
unusual
4. Tips for networking and building allies and partnerships to
address the comprehensive needs of survivors of crimes
U Visa Remedy - Overview
 Purpose
 Requirements and eligibility
 How this remedy assists victims of crimes
of violence
U Visa - Purpose
 To strengthen the ability of law enforcement to
investigate and prosecute enumerated crimes.
 To provide humanitarian relief to crime victims and
their family members.
Requirements for a U Visa
 Substantial physical or mental abuse from criminal
activity
 Possesses information concerning the criminal activity
 Law enforcement certification
 Is being, has been or is likely to be helpful in the
investigation or prosecution
U Visa Crime Categories
Rape
Sexual exploitation
Torture
Female genital mutilation
Trafficking
Being held hostage
Incest
Peonage
Domestic violence
Involuntary servitude
Sexual assault
Slave trade
Abusive sexual contact
Kidnapping
Prostitution
U Visa Crimes - Continued
Abduction
Murder
Unlawful criminal restraint
Felonious assault
False imprisonment
Witness tampering
Blackmail
Obstruction of justice
Extortion
Perjury
Manslaughter
or attempt, conspiracy, or
solicitation, to commit any
of the above mentioned
crimes
Who Can Certify?
Police officer
Prosecutor
Judge
Immigration Officer
State or Federal Agency Employee
Other Federal, State or Local Agencies
 Agencies with criminal investigative jurisdiction
 In areas of expertise
 Including but not limited to:
 Child protection services workers
 Adult protective services workers
 EEOC
 Department of Labor
Investigation or Prosecution
Includes Past, Current or Future Cooperation in:
 Detection
 Investigation
 Prosecution
 Conviction
 Sentencing
What is Certification?
Required part of U-visa application
Signed by the head of agency, OR
Designated supervisor
Any persons in supervisory role
Anticipates multiple designated
supervisors
Attach letter designating signer if
title lacks “supervisor”
What is Certification - Continued
 Certification includes that
 Victim has has been, is being, likely to
be helpful in investigation or
prosecution of
 Qualifying criminal activity &
 Possesses information
NOT substantial abuse or whether merits
relief (e.g., admissibility issues)
Sources of Legal Assistance
(Team Support)
 National organization that assist with survivors’ needs





NNEVAIW
NNEDV
NCASA, NCADV
Immigration Technical Assistance providers: IAN, ASISTA, NIP, etc.



State Domestic Violence / Sexual Assault Coalitions
Justice for Our Neighbors, AFSC, CLINIC, BIA recognized advocates
AILA pro bono, State Bar Association
State
 Local


Nurses, local clinics, shelters & SA projects
Unions
Labor Violations Context
 Facts:
1. Immigrant workers are subjected to crimes of violence
1. Violence intensifies when an employee attempts to assert
his/her rights
1. Undocumented workers are more vulnerable to economic
crimes of extortion, peonage, indigent servitude, debt
bondage, trafficking, etc.
U Visa Crimes in the
Employment Context
Rape
Prostitution
Torture
Sexual exploitation
Trafficking
Female genital mutilation
Incest
Being held hostage
Domestic violence
Sexual assault
Abusive sexual contact
Peonage
Involuntary servitude
Slave trade
Kidnapping
U Visa Crimes in the
Employment Context - Continued
Abduction
Murder
Unlawful criminal
restraint
Felonious assault
False imprisonment
Blackmail
Extortion
Manslaughter
Witness tampering
Obstruction of justice
Perjury
or attempt, conspiracy, or
solicitation, to commit
any of the above
mentioned crimes
Lessons From Postville
ICE
United Food and
Commercial
Workers Union
USAO - ND
Iowa Attorney
General’s office
OSHA
Investigation
Iowa Workforce
Development
Getting the Right Information
 What?
 How?
 Where?
 From whom?
 How many times did you ask?
Interviewing Skills
At the beginning of the interview:
1. Set clear expectations.
2. Explain your role and what you will be
trying to do.
3. Give her time to ask questions and
paraphrase your
explanation/understanding.
Screening Questions
 Has anyone ever hurt you?
 Did you ever tell anyone
you were being hurt?
 Who did you tell?
 Have you ever hurt
yourself ? If so, how do you
hurt yourself and how
often?
 Have you ever received
any help?
 How would you say the
victimization has
affected you?
 Closing assessment
Raid at the Workplace
 Hours
 Freedom
 Paid for overtime?
 Refuse to work?
 Did they take any
money from your
paycheck?
 Did you inquire into it?
 What happened?
Where you forced to
buy papers, change
papers to work every so
often?
If this happened, did
you lose your benefits
(seniority, vacation etc)
Where you able to take
vacation/earn vacation?
Where you free to leave
your job? If so, why
didn’t you leave your job?
Sexual Harassment/Assault
 How did your supervisor treat you?
 Did any supervisor mistreated your peers? How?
 Did any of it ever happen to you?
 Did you complain about it to human resources, other
supervisors or peers?
 Did you see supervisors or co-workers flirting with
your co-workers, inviting them to go out, calling them
names?
Sexual Harassment/
Assault - Continued
 Did this happen to you ever? Did you tell anyone about it?
Did anyone see it?
 Did any of your supervisors/co-workers ever ask you out or
offer you to go to lunch, call you outside of work, invite you
to give you a ride home before or after work?
 What happened if you said no? (potential
punishment/retaliation)
 Did your supervisor/co-worker ever touch you in an
offensive way or in any manner?
 How many times did it happen? Did anyone see it?
Who Do You Talk To?
Local / State
 OSHA
 Civil Rights Division
 Workforce Development Office
 Attorney General
Federal
 Department of Justice
 EEOC
 DOL/Wage and Hour
EEOC & U Visa
 Before and After
EEOC U Certification Protocol
Request made to Regional
Attorney (RA)
Recommendation to
Office of General
Counsel (OGC),
who reviews the
recommendation of
the RA and the
investigation in the
field.
RA reviews request for qualifying
crime that is related to EEOC
charges and helpfulness of victim.
This will include an interview with
the victim.
Recommendation to
Office of the Chair
(OCH) for final review.
No
Decline to certify
Returned to RA with
recommendation to
certify and letter
authorizing RA to certify
Practice Pointers in EEOC
Certification
 Request should be submitted to the Regional Attorney (RA) through
the investigating office.

Start building relations with the investigators and train them on U visas
now.
 The RA will need to determine that there are qualifying crimes;

provide the RA with the list of qualifying crimes that relates to your
client, including elements of the crimes, how the elements are met, and
how they are related to the charges under investigation by the EEOC.
 The RA will need an in-person interview with the victim and an
affidavit based on that interview, as well as credibility determinations
by the interviewer.
 Survivor must be available for this and is forthcoming during the
interview so that s/he is found to be credible. Let her choose.
U Visa & Department of Labor
What is the Department’s authority to certify U Visas?
 (DHS) regulations (8 C.F.R.§ 214.4(a)(2)) expressly
list certain federal law enforcement agencies that may
certify U Visa applications, including the Department
of Labor.
How will the Department certify U Visas?
 The authority to certify U Visas will be delegated to the
Wage and Hour Division.
Responding to Congressional Intent Collaboration and Protection
 EEOC, DOL, OSHA, Workforce development state
agencies:
 The designated staff that will sign the U Visa
certification must be the individuals on the ground
with first hand knowledge of the crime/s and
collaboration.
 Staff must be trained on the dynamics of sexual assault
in immigrant communities, trauma and victimization
in general.
 Intakes MUST include the right questions and must be
asked by trained staff.
National Advocates’ Proposal
 The
implementing
regulations
provide
that
“investigation or prosecution refers to the detection or
investigation of a qualifying crime or criminal
activity….” 8 C.F.R. §214.14 (emphasis added).
 Accordingly, in addition to issuing certifications to
qualifying crimes which are the basis of workers’
complaints, DOL should look for and issue
certifications in cases where a qualifying crime is
detected in the course of an investigation of the filed
complaint.
An Unusual Team
CHURCHES
CRIMINAL DIVISION
INVESTIGATIONS & AG’S
OFFICE
ADVOCATES DV/SA
SURVIVORS
WORKFORCE
DEVELOPMENT/DOL
PSYCHOLOGISTS/THERAPISTS
LAWYERS/ NATIONAL LAW
FIRMS
Make the Connection!
 Labor Violations (i.e., wage and hour)
 Crime of violence under INA 101 a 15 u
 Minor child worked at meat packing plant shifts of 14 hours a
day with minimum breaks or no breaks, was not allowed to
use the bathroom, employer did not pay all his hours,
developed an urine infection from not using the bathroom.
 Minor child worked at meat packing plant recruited in his
small village by supervisor at the plant, threatened with being
reported to immigration if he leaves his job, and being
threatened with physical harm if he testifies against the plant
in the child labor exploitation law suit.
Tips for Success
 Build relationships before a crisis hits
 Understand different missions
 Recognize where goals align
 Meet regularly- personal relations
 Talk about tensions and work on a compromise
 Report on good and bad experiences and cases to help change
policies through real stories
 Contact ASISTA at Sonia@asistahelp.org or the National
Employment Law Project, Rebecca Smith at rsmith@nelp.org
New IAN Forum: Victim
Protection
 Via website
 Gail Pendleton & Christine Popp = moderators
 Ask any question on Us, Ts or VAWA