The Portland Police Bureau has reversed its decision to deny 19 petitions from immigrants seeking certification as crime victims or witnesses so they could apply for a special visa to remain in the country.
The petitions are part of 53 applications found to have been unjustly denied in 2021 and during the first half of 2022, according to an updated audit by the city’s ombudsman’s office made public Wednesday. Another 12 applications previously denied appear to be eligible.
In reevaluating the more than 50 cases, officials learned that at least one applicant, who reported being a victim of assault and robbery, has since been deported. Others – including a woman who had reportedly been thrown out of a moving vehicle by her partner – couldn’t be located. Others were not interested in the program anymore.
Portland police officials said they’re working to better align the program with Portland’s vision of being a sanctuary city, while continuing to meet guidelines from federal immigration officials.
The report noted that the police bureau has increased the number of approvals in recent years, with an 83% approval rate in the 20 months since the first audit, the audit update shows. The approval rate in 2021 and during the first half of 2022, was 47% lower than the average rate among Oregon law enforcement agencies that received a similar number of applications.
Portland police went back over the cases following an initial investigation by the ombudsman’s office that was prompted by a case involving a 17-year-old girl who was a victim of abuse, and whose petition had been denied twice by police. The findings of the initial audit were made public in June 2023.
The so-called U visa program is designed to encourage undocumented victims of a crime or witnesses to cooperate with law enforcement. In return, immigrants get the opportunity to apply for a special visa that offers them a path to citizenship.
Deputy Ombudsman Tony Green, who carried out the initial investigation and follow-up audit, said on Tuesday that he rereviewed the remaining 34 petitions, and found 12 others that appear to be eligible for certification.
“The U visas are a critical tool in both protecting immigrant communities from predation by criminals and also in helping the police bureau solve crimes,” Green said. “Having safeguards in place to make sure that the police bureau is approving appropriate applications, I think it’s good for Portland.”
To qualify for a U visa, people must submit a signed certification from law enforcement that confirms they are a victim of a certain crime or have information about a crime that could help police in the investigation. U.S. Citizenship and Immigration Services oversees the program and awards visas to those who are eligible.
The ombudsman’s office’s initial investigation found poor police work, inadequate training, inconsistent use of interpreters, unclear policies and turnover in officers’ handling the applications as a factor in the denials. Recommendations to address these issues have been partially implemented or are in progress, the audit update shows.
In a June 2023 letter to the ombudsman’s office responding to the initial investigation, Portland police cited a lack of training opportunities in 2022 on the U visa process and said officials would continue to seek out training opportunities. It also noted that the only other agency that processed more certifications than Portland police in 2021-2022, was the Washington County District Attorney’s Office.
In re-examining the 34 applications, Green said he contacted attorneys involved in the cases and learned that at least one person had since been deported to an unknown country, others couldn’t be found, and some were no longer interested.
The man who has since been deported had reported being a victim of assault and robbery in June 2020 at Lownsdale Square Park where he was attacked by three men who robbed him of $460, according to information provided by Green. That would be a qualifying crime, Green said, and the victim had agreed to cooperate with law enforcement.
“Bottom line, there’s no way of knowing whether they would have received a U visa,” he said. “However, I believe his application should have been certified by PPB.”
But Green believes the most “egregious case” involved the woman who was allegedly thrown out of a moving vehicle by her partner. Portland police denied her certification because of her criminal history, which Green said, is not a disqualifying factor under the U visa guide.
“When I reached out to her lawyer earlier this year,” he said, “they did not know where she was.”
Green said, he was not recommending that all 53 petitions be approved, but there were some he believed should have “definitely” been eligible.
In a statement, Latino Network leaders said they were grateful for the attention the ombudsman’s office brought to this issue, allowing many immigrants who have been victimized to stay in the country.
“However, we are disheartened and frustrated that these unjust denials have resulted in entirely avoidable deportations, causing real harm to many families across Oregon,” the statement reads. “We are extremely concerned about the message this sends to our immigrant communities – intended or not – that if they are a victim of a serious crime, they shouldn’t even attempt to seek justice because of a system that is not built to keep them safe.”
Mike Benner, a Portland Police Bureau spokesperson, said guidance from federal immigration services, which grants the U visas, is complicated with areas that allow for interpretation. He said that was done to provide the reviewing agency with latitude when considering the differences between federal and local laws.
In an email, Benner wrote that based on the audit, the police bureau will try to better balance the city’s sanctuary status with federal Department of Homeland Security guidelines.
So far this year, 70 U visa applications have been submitted. Of those, 12 are being processed, 54 have been certified and two have been denied. Two others were in the wrong jurisdiction.
Benner said the lieutenant currently overseeing the program has added a new step in the review process. Applications he initially denies will be sent to the Multnomah County Domestic Violence Crisis Response Unit to identify factors for possible reassessment. The bureau will also seek a second opinion form a member of the Department of Justice’s Immigrant Crime Victims’ Rights subcommittee, according to the audit update.
Portland police also had a one-day regional training for law enforcement officers in 2023 and will require anyone assigned to review U visa applications to watch a training video in the future, the follow-up audit shows.
Green said Police Chief Bob Day has been committed to implementing all the recommendations, including rewriting the standard operating procedure to add information related to the U visa program, which is in progress. The prior bureau’s administration, he said, had declined to do that.
Yesenia Amaro is an investigative reporter with a focus on social issues and communities of color. Reach her at 503-221-4395; yamaro@oregonian.com.
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