For nearly 15 years, an undocumented immigrant who is a victim of a crime in the U.S. has had the opportunity to receive a special residency and work visa, called a U nonimmigrant status visa or U-Visa, as long as they cooperate with the police department investigating the crime.
But in San Diego County, a person’s chances of actually getting a U-Visa depends largely on which police department investigated the crime. A KPBS review of U-Visa applications showed that the San Diego Police Department (SDPD) denies applications at a significantly higher rate than other local departments.
Between 2017 and 2020, the SDPD denied 40% of all certification requests the agency processed, according to records KPBS obtained through the California Public Records Act. During the same time period, the Chula Vista Police Department denied 21% and the San Diego County Sheriff’s Department 19%.
The El Cajon Police Department hasn’t denied a single application since 2017.
Passed by Congress in 2008, the program has become so popular that there is currently a backlog of more than 170,000 already-approved applicants waiting to receive the visa. The San Diego Police Department receives more than 200 certification requests each year. Despite their high denial rate, the police department also approves more total requests than any other law enforcement agency in the county.
And though the U-Visa applies to all immigrants, has been a lifeline for many undocumented people.
“It’s supposed to give some kind of reassurance for people who are undocumented that they can report a crime,” immigration attorney Paula Gonzalez said. “It may be the only way that someone can eventually get their green card, so it is a very valuable tool for undocumented people.”
To get the visa, applicants need to get a certification form signed by a local law enforcement agency. The form verifies that a crime occurred and that the applicant was cooperative with the police. Without this form, it is nearly impossible to get a U-Visa.
Technically speaking, U.S. Customs and Immigration Services is the federal agency that decides which applicants ultimately get the visa. Local law enforcement agencies, however, can stop the process before it even begins by not signing the certification form. It is impossible to get a U-Visa without that certification form, Gonzalez said.
“They’re just one step on this,” she said. “They are not making the decision on the U-Visa. But it is a requirement for the U-Visa. If you don’t have a certification, you are not going to get a U-Visa.”
The SDPD’s high denial rate did not come as a surprise to immigration attorney Tessa Cabrera.
“I think there’s just been a more noticeable uptick in denial rates from SDPD,” she said. “It does seem like SDPD is an outlier as far as the other agencies in San Diego.”
Cabrera says many of the denials come from SDPD’s record retention policies. “We’ve had cases denied because SDPD said they could not verify the victim’s level of helpfulness and cooperation with the investigation based solely on the fact that their report had been purged.”
Cabrera points to a domestic violence incident in 2001 – seven years before the U-Visa was first offered.
In that case, SDPD denied a request because the records had been purged. Cabrera filed an appeal – this time with court records showing that her client filed a temporary restraining order after talking with SDPD. The department still denied the certification request.
Without the U-Visa, her client has no other pathway toward legal status. “It just kind of returns her to living under the shadows,” she said.
SDPD Capt. Jeff Jordon said the agency keeps records from as far back as 2004 – the year the police department switched from paper to computerized records.
Most applications are denied because they simply aren’t filled out correctly, Jordon said.
For example, only specific violent crimes qualify for the U-Visa. The most common are assaults, domestic violence, sex crimes, child abuse cases, and violations of restraining orders. Victims of nonviolent crimes like burglaries do not qualify, he said.
“People should be aware, and I hope this story conveys that these packets have to be complete,” Jordon said. “They have to have proper documentation and there is some level of responsibility for folks to provide these documents.”
Jordon went on to say it is common for one individual to resubmit a form and get multiple denials. He believes SDPD’s high denial rate comes from the fact that the department denied multiple applications from a single individual.
Cabrera it’s unreasonable to expect immigrant crime victims to hold on to police records from before 2004. She said it goes against the spirit of the U-Visa, which is to encourage immigrants to cooperate with the police.
“I think it sends a pretty demoralizing message, honestly,” Cabrera said. “Specifically in this case, she was a victim in 2001. The U-Visa wasn’t even an option at that point. So, when she comes forward, it’s simply too late. She didn’t know she needed to go to SDPD and request a copy of her police report and then make sure to keep it for 21 years.”
After an interview with KPBS, Jordon said the SDPD recognizes it can do a better job of telling the public what information is required to get a certification granted. The department will have a dedicated section on its website with useful information for people who want to file U-Visa certification requests, he said.
