Restoring the Statutory Safety-Valve for Immigrant Crime Victims: Premium Processing for Interim U Visa Benefits

26 Pages Posted: 8 Dec 2018 Last revised: 21 Feb 2019

See all articles by Jason A. Cade

Jason A. Cade

University of Georgia School of Law

Mary Honeychurch

Seyfarth Shaw LLP

Date Written: September 1, 2018

Abstract

This essay focuses on the U visa, a critical government program that has thus far failed to live up to its significant potential. Congress enacted the U visa to aid undocumented victims of serious crime and incentivize them to assist law enforcement without fear of deportation. The reality, however, is that noncitizens eligible for U status still languish in limbo for many years while remaining vulnerable to deportation and workplace exploitation. This is in large part due to the fact that the agency has never devoted sufficient resources to processing these cases. As a result, the potential benefits of the U visa remain under-realized and communities are left less safe. In an era of sustained focus on enforcement and increased instability within immigrant communities, the situation becomes ever more urgent. This Essay introduces and defends a simple administrative innovation that would dramatically improve the process: a premium processing route for interim approvals and employment authorization. Although our proposal cannot resolve all the underlying problems, it is pragmatic, easily implemented, and superior to the status quo.

Keywords: Employment, Victims’ Rights, Discretion, Deferred Action, Premium Processing, Daca, Agency Resources

JEL Classification: K14, K23, K33, K40, K41, K42, D73, J61, F22, L22

Suggested Citation

Cade, Jason A. and Honeychurch, Mary, Restoring the Statutory Safety-Valve for Immigrant Crime Victims: Premium Processing for Interim U Visa Benefits (September 1, 2018). 113 Northwestern University Law Review Online 120 (2019); University of Georgia School of Law Legal Studies Research Paper No. 2019-11; Dean Rusk International Center Research Paper No. 2019-05. Available at SSRN: https://ssrn.com/abstract=3283689

Jason A. Cade (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States
(706) 542-5188 (Phone)

HOME PAGE: http://www.law.uga.edu/profile/jason-cade

Mary Honeychurch

Seyfarth Shaw LLP

1075 Peachtree Street, NE
Suite 2500
Atlanta, GA 30309
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
52
Abstract Views
381
rank
395,586
PlumX Metrics