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How Law Enforcement Discretion Prevents Migrant Victims of Crime from Accessing U-Visas

In the United States, if undocumented immigrants are victims of crime on U.S. soil, they may qualify for a U-Visa. This is a special visa that grants undocumented victims temporary legal status, which may later open the door to applying for a green card. But despite the trauma that immigrants may have from being a victim of a crime, starting the process for applying for a U-Visa brings an additional set of challenges. Immigrant communities are often afraid to call the police, even when they’re the victim of a crime, for fear of being deported. This investigation demonstrates how law enforcement agencies are handling the U-Visa process throughout the country, using their own discretion to deny victims of crime the opportunity to apply for the visa.

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