By Chris Rickerd, ACLU Washington Legislative Office & Carolyna Caicedo Manrique, Staff Attorney, ACLU of North Carolina
According to Locke Bell, the district attorney of Gaston County, North Carolina, the ethnicity of a domestic-violence survivor can disqualify that person from equal protection under the law. The Charlotte Observer reports that Bell refused to certify a domestic violence survivor’s visa application because he thinks the relevant law protecting crime victims “was never intended to protect Latinos from Latinos.”
The controversy surrounds Evelin, a domestic violence survivor who courageously called police to press charges against her abusive boyfriend. She says he punched her, kicked her, and pulled her hair. Two weeks ago, he returned to her home after being deported, accused her of seeing another man, and repeatedly kicked her. Evelin reported the crime to the police and, as is her right, applied for a U visa.
U visas are for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of the crime. Congress created the nonimmigrant, temporary U visa in 2000 — as part of legislation that included the Battered Immigrant Women’s Protection Act. The visa, contrary to what Bell believes, makes no distinctions based on ethnicity or immigration status.
After hearing that Bell disqualified her from protection based on her ethnicity, Evelin commented: “It’s unfair. It’s unjust. He needs to remember we are all humans.” Michael Moore, president of the National District Attorneys Association (NDAA), agreed, telling Latin Times: “I can’t even find the words to describe [what Bell reportedly did] . . . unprofessional is enough … despicable might be close.” Moore suggested that if Bell were an NDAA member he’d be subject to expulsion.
If you were expecting the federal government to denounce Bell’s policy, you’ll be disappointed....continue reading.
