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University of Michigan Journal of Law Reform
Article . 2015 . Peer-reviewed
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Immigrant Victims, Immigrant Accusers

Authors: Kagan, Michael;

Immigrant Victims, Immigrant Accusers

Abstract

The U visa program provides immigration status to noncitizen victims of crime, ensuring unauthorized immigrants do not become easy prey because they are too afraid to seek help from the police. But under the federal government’s structuring of the U visa program, a victim must also become an accuser to receive immigration benefits. Thus, the U visa implicates the rights of third parties: accused defendants. These defendants are often immigrants themselves who may be deported when U visa recipients level their accusations. Recent state court decisions have created complications in the program by permitting defendants to cross-examine accusers about their desire to obtain immigration benefits in exchange for testimony. Defendants in these cases, often male immigrants, have good reason to aggressively crossexamine their accusers in order to combat a system that perceives men of color as violent perpetrators and immigrant women as victims in need of protection. Because of these developments, immigrant victims face new obstacles when seeking law enforcement protection and justice through criminal prosecution. The solution to these emerging problems is to separate the role of victim from the role of accuser as much as possible. This Article suggests several models that might accomplish this goal.

Country
United States
Related Organizations
Keywords

immigration status, immigration benefits, Human Rights Law, Immigration Law, U Visa

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    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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Powered by OpenAIRE graph
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Average
Average
Average
gold