Roanoke, Virginia – The American Civil Liberties Union (ACLU) of Virginia has filed a lawsuit against the Roanoke Police Department, accusing the agency of denying a visa certification for an immigrant who assisted in an investigation of domestic abuse. According to the ACLU, this lawsuit is the first of its kind and a hearing is expected within the next 30 days.
The plaintiff, known as Jane Doe in the sealed filing, helped city police investigate her partner’s abuse in 2012. As a result, she was provided with a U visa certification, which is a form of immigration relief for noncitizen survivors of violent crimes or human trafficking.
However, in order to become a lawful permanent resident, Jane Doe is required to obtain a recertification of her U visa from the Roanoke Police Department. The department has refused to certify her request, claiming it is not obligated by state or federal law to respond. The ACLU argues that this refusal goes against Virginia law, which requires local law enforcement agencies to either certify or deny U visa certification requests and provide a written explanation for denial.
Sophia Gregg, an attorney specializing in immigrants’ rights at the ACLU of Virginia, emphasized that Virginia law prohibits police departments from arbitrarily refusing to issue U visa certifications. The outcome of this lawsuit will impact all U visa applicants in Roanoke.
Roanoke Police Chief Scott Booth acknowledged that there was an internal miscommunication regarding Jane Doe’s case and expressed the city’s commitment to processing U visa requests in accordance with the law. The city has encouraged other immigration attorneys and individuals who believe their requests were not responded to appropriately to contact a designated police officer.
The ACLU asserts that immigrant survivors of crime have rights and highlights the importance of the U visa in protecting those who may be reluctant to seek assistance from law enforcement due to their immigration status. With over 1.1 million immigrants in Virginia, ensuring fair treatment in U visa certification is crucial.
As the legal battle unfolds, the ACLU of Virginia aims to secure justice for Jane Doe and establish clear protocols for U visa certification in Roanoke.