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Procedure 4130Santa Ana Police Department Santa Ana PD Procedures Manual Copyright Lexipol, LLC 2021/04/22, All Rights Reserved. Published with permission by Santa Ana Police DepartmentU-VISA CERTIFICATION PROCEDURES - 1U-VISA CERTIFICATION PROCEDURES 4130.1 PURPOSE These guidelines are designed to assist in completing U-visa certifications and to familiarize department personnel with the U-visa application process. 4130.2 INTRODUCTION Lawmakers recognize that some non-citizen victims may be reluctant to assist law enforcement in investigative efforts for fear of deportation. In 2000, Congress created the “U-visa” as part of the Victims of Trafficking and Violence Protection Act. The intent of this legislation was to strengthen the ability of law enforcement agencies to detect, investigate and prosecute violent crimes such as cases of domestic violence, sexual assault and human trafficking, while offering protection to victims of such crimes. The U-visa promotes assistance to law enforcement by providing immigrant crime victims an opportunity to obtain temporary legal status and protection against deportation. 4130.3 U-VISA ELIGIBILITY AND LEGAL REQUIREMENTS By statute, non-citizen victims must meet four requirements to be eligible for a U-visa. The individual must: •Have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity •Possess information concerning such criminal activity •Have been helpful, be helpful, or is likely to be helpful in the investigation or prosecution of a crime •The crime occurred in the United States or violated a U.S. federal law Qualifying criminal activity includes one or more of the following violations of federal, state or local criminal law: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual conduct, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, perjury, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, solicitation to commit any of the above mentioned crimes or any attempts or conspiracy to commit any of the listed activities. Title 8, Section 214.14 (b) (3) of the Code of Federal Regulations requires that the alien victim “has been helpful, is being helpful, or is likely to be helpful to a certifying agency in the investigation or prosecution of the qualifying criminal activity upon which his or her petition is based, and since the initiation of cooperation, has not refused or failed to provide information and assistance reasonably requested.” Victims who cooperate initially but then refuse or fail to provide information and assistance when reasonably requested are excluded from eligibility. Santa Ana Police Department Santa Ana PD Procedures Manual U-VISA CERTIFICATION PROCEDURES Copyright Lexipol, LLC 2021/04/22, All Rights Reserved. Published with permission by Santa Ana Police DepartmentU-VISA CERTIFICATION PROCEDURES - 24130.4 LAW ENFORCEMENT'S ROLE IN U-VISA CERTIFICATION The U-visa application process requires a non-citizen crime victim to obtain certification by an approved certifying agency verifying the applicant is the victim of qualifying criminal activity and is being helpful or is likely to be helpful to the investigation or prosecution of that criminal activity. A certifying agency refers to a federal, state or local law enforcement agency, a prosecutor, or a judge. The U-visa regulations allow the head of a qualified certifying agency to grant any supervisory person(s) the authority to sign U-visa certifications. Prosecution of the criminal activity is not required for a crime victim to be eligible for a U-visa. Congress intended to allow an individual to petition for a U-visa at virtually any stage of the investigation or prosecution. Law enforcement agencies and other government officials are under no obligation to complete U-visa certifications. Law enforcement may issue the certification based on its investigation of the crime or may refer the victim to the prosecutor for certification if he or she is better able to speak to the victim’s continuing assistance. 4130.5 PROCEDURES The Chief of Police or designee is the only personnel permitted to sign and certify a U-visa certification (Form I-918 Supplement B, U Nonimmigrant Status Certification). The Criminal Investigations Division Sergeant and the Criminal Investigations Division will be responsible for the handling of U-Visa certifications. All citizen inquiries for U-visa certification will be directed to the Records Section in the front lobby where the requestors can obtain copies of police reports listing them as crime victims. The requestor will be required to submit a Form I-918 Supplemental B document and his/her contact information (name, address, phone number) and a copy of the police report listing him/her as a “victim.” The Records Section will then forward all information to the Criminal Investigations Division Sergeant for his/her review and disposition. The following will be the criteria and policy for certifying U-visa documents. 1.All U-visa requests in which the victim’s case involved an arrest or where the case was submitted to the Orange County District Attorney’s Office for filing purposes may be referred to the District Attorney’s office for disposition certification. The Criminal Investigations Division Sergeant will contact the victim and direct him/her to the Orange County District Attorney’s Office where the head of court will review the request. The District Attorney’s Office is often the more appropriate agency to review certification requests for these types of cases because it can better assess the victim’s cooperativeness through the