ILNews

Disconnect between immigrants and the law leads to confusion

Back to TopCommentsE-mailPrintBookmark and Share

After chatting with a colleague, Marion County Deputy Prosecutor Andrew Fogle decided something needed to be done about the relationship between immigrants and law enforcement.

“There is a great deal of confusion on both sides as to what your rights are, what you can do,” Fogle said.

Fogle and Maria Wildridge, Latino services director for the prosecutor’s office, identified a need for law enforcement and people involved in immigration issues to discuss how to bridge the gap.
 

fogle-andy-mug.jpg Fogle

“Maria and I decided we needed to reach out to the groups and organizations that are working with this population,” Fogle said.

Plans are in development for a one-day seminar in July that will bring together law enforcement, pro bono, and immigrant advocacy representatives in an effort to make sure everyone understands all viewpoints regarding immigrants and their interaction with the legal system.

New laws, new discussions
A new law passed in the Indiana Legislature this spring has resulted in much debate about who is responsible for enforcing its many provisions and how that will be done.

Christie Popp, directing attorney for the Indiana Legal Services Immigrants’ and Language Rights Center in Bloomington, said the new law, Senate Enrolled Act 590, worries many immigrants.

“Even before this legislation was passed, I was getting so many calls from my clients. There was so much concern and misinformation about what was in this law,” she said.

Popp and others say that they know many immigrants are fearful of police. Undocumented immigrants especially worry that interaction with the police – even as a victim or witness – could result in deportation. Indiana’s new law attempts to address that concern, stating that when reporting a crime immigrants do not need to provide proof of their status to police. This subtle revision to the Indiana Code may make immigrants more inclined to come forward when they are witnesses to or victims of violent crime. But no one seems to be able to say specifically how that information will be disseminated to the people who need to know it.

Kerry Hyatt Blomquist, legal director for the Indiana Coalition Against Domestic Violence, said that getting victims of domestic violence to testify against their accusers can be difficult, especially if victims worry about being deported.

“I can say, ‘Hey your immigration status is not going to be important at this protective hearing,’ but I’ve got to get to them first,” Blomquist said.

Fogle also noted that domestic violence cases involving immigrant victims can be difficult to prosecute.

“You have people arrested on domestic violence, and the victims are afraid to talk to us, they’re afraid they’re going to get deported,” he said. Without cooperation from the victim, the prosecutor’s office may lose a case, which Fogle said is a concern secondary to protecting the victim.

The seeds of distrust
The Pew Hispanic Center reports that of the approximately 322,000 people in Indiana in 2008 who called themselves Hispanic, about 78 percent listed Mexico as their country of origin.

In its 2010 report, “Barriers to justice for immigrants: Distrust of police, language barriers,” Human Rights Watch stated that Mexican laws regarding domestic violence against girls and women are, at best, inadequate. Victims who do report abuse, the report says, often find police treat them with apathy, suspicion, or disrespect. And some abusers may be penalized only after they’ve repeatedly attacked their victims.

So even in the United States, victims may be unsure what to expect from police.

Melissa Arvin, supervising attorney for the Marion County Prosecutor’s Domestic Violence Division, said she thinks that the Hispanic population may also be leery of police based on misconceptions that arise from local interactions. For example, she said that if an immigrant has a negative experience within the court system or with police, word of that experience may spread through the community and contribute to the distrust of police.

A questionable resource
One resource currently available to undocumented victims of certain crimes is the Petition for U Nonimmigrant Status – commonly referred to as the U Visa. The U Visa protects undocumented immigrants from deportation, to encourage their cooperation in prosecuting their attackers. The petition must be certified by a local agency before being submitted to the United States Citizenship and Immigration Services office.

“The vast majority of calls we get are immigration cases, and a significant number are people seeking relief because they are victims of violence,” Popp said. “The vast majority of people who seek U Visas are victims of domestic violence, usually perpetrated by a husband or a boyfriend.”

Popp said that generally, she has been successful in getting U Visas certified for those who need them. But she said that in one northern Indiana county, officials refused to certify her client’s U Visa application, even though the client was a rape victim who testified in court, and the offender was prosecuted for the crime.

Agencies eligible to certify U Visa applications include police departments, prosecutor’s offices, the Department of Labor, and others. But agencies are not required by law to sign the I-918 certification form. Furthermore, agencies and attorneys may not agree on the interpretation of the form’s language.

Marco Moreno, an attorney with Indianapolis law firm Lewis & Kappes who specializes in immigration matters, recently attempted to get a U Visa for a man who had been stabbed in the back. Moreno said that he appealed to two attorneys in Indianapolis’ Office of Corporation Counsel, but that his client was denied the U Visa twice on the grounds he would not meet the requirements for being “helpful,” as outlined on the certification form.

Moreno provided Indiana Lawyer with copies of the letters from the city attorneys, which stated that the victim’s testimony was neither credible nor reliable, and therefore, the victim could not be considered “helpful” in solving the crime.

In his appeal of that determination, Moreno wrote a letter specifying, “At all times, Mr. Cortez was cooperative with police and the investigator, going to meetings with authorities, photo line-ups, speaking over the phone with investigators, and providing as much information as possible.” Moreno said his client was able to provide a description of his assailant’s skin and clothing color after being stabbed in the back several times. “This information was provided to the best of his knowledge and recollection while in a position of imminent death,” Moreno wrote.

Moreno said he was unsure what he could now do to help his client. The case was closed, with no arrests made.

“Even though this U Visa is available, in my opinion, it is not being utilized as it is intended to be,” Moreno said.

Arvin, who oversees U Visa applications for her division, said she will not certify a U Visa if there has been no criminal case.

“I don’t feel like I should be signing off if there’s not been some sort of prosecution,” she said. “I’m not saying they’re not cooperative with somebody else,” she added, noting that a victim could also ask the local police to sign the form.

“I wait until the cases are over – I won’t sign off on anything that’s pending,” she added.

Fogle said U Visas are just one of many topics that he hopes will be on the agenda for the seminar he and others are planning.

“Our position from the prosecutor’s office is that we understand this population,” he said, of the growing number of immigrants and refugees. “Our focus is criminal justice and protection of the public, and that very much means protection of victims and witnesses.”•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hello everyone am precious from the united state of America am here to testify in the name of this great man who has brought back happiness into my family after my lover Chris left me for 3years for another woman,i really loved Chris because he was my first love i tried everything within my power to get Chris back to my life but people i met just kept on scamming me and lying to me,Then normally on Saturdays i do go out to make my hair and get some stuff,Then i had people discussing at the saloon if they do listen to there radio well,That there is a program (how i got back my ex)And started talking much about Dr EDDY how this man has helped lots of people in bringing back there lover,So immediately i went close to those ladies i met at the saloon and i explained things to them they said i should try and contact Dr EDDY that he has been the talk of the town and people are really contacting him for help immediately we searched on the internet and read great things about Dr EDDY i now got all Dr EDDY contact instantly at the saloon i gave Dr EDDY a call and i shared my problem with him he just told me not to worry that i should just be happy,He just told me to send him some few details which i did,And then he got back to me that everything would be okay within 36hours i was so happy then Dr EDDY did his work and he did not fail me,My lover Chris came to me in tears and apologized to me for leaving me in deep pain for good 3years,So he decided to prove that he will never leave me for any reason he made me had access to his account and made me his next of kin on all his will,Now the most perfect thing is that he can't spend a minute without seeing me or calling me,Am so grateful to Dr EDDY for bringing back the happiness which i lack for years,Please contact Dr EDDY for help he is a trustworthy man in email is dreddyspiritualtemple@gmail.com or you can call him or whatsapp him with this number...+23408160830324 (1)If you want your ex back. (2) if you always have bad dreams. (3)You want to be promoted in your office. (4)You want women/men to run after you. (5)If you want a child. (6)[You want to be rich. (7)You want to tie your husband/wife to be yours forever. (8)If you need financial assistance. (9)If you want to stop your Divorce. 10)Help bringing people out of prison. (11)Marriage Spells (12)Miracle Spells (13)Beauty Spells (14)PROPHECY CHARM (15)Attraction Spells (16)Evil Eye Spells. (17)Kissing Spell (18)Remove Sickness Spells. (19)ELECTION WINNING SPELLS. (20)SUCCESS IN EXAMS SPELLS. (21) Charm to get who to love you. CONTACT:dreddyspiritualtemple@gmail.com

  2. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  3. MELISA EVA VALUE INVESTMENT Greetings to you from Melisa Eva Value Investment. We offer Business and Personal loans, it is quick and easy and hence can be availed without any hassle. We do not ask for any collateral or guarantors while approving these loans and hence these loans require minimum documentation. We offer great and competitive interest rates of 2% which do not weigh you down too much. These loans have a comfortable pay-back period. Apply today by contacting us on E-mail: melisaeva9@gmail.com WE DO NOT ASK FOR AN UPFRONT FEE. BEWARE OF SCAMMERS AND ONLINE FRAUD.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

ADVERTISEMENT