Illegal Aliens Flown to Martha’s Vineyard Classified as Victims and Given Benefits
Some of the illegal aliens that were flown from Florida to Martha’s Vineyard by Governor DeSantis in 2022 now have safe harbor from deportation and employment authorization documents allowing them to stay and work in the United States. This is because a sheriff in Texas launched a criminal probe against DeSantis’ initiative, claiming that some of the illegal aliens did not consent to the trip to the nation’s exclusive and expensive summer destination.
The illegal aliens flown to Martha’s Vineyard are taking advantage of the flawed U visa program, which was intended to help serious victims of crimes. But, today, this visa program has been used to allow criminal aliens and those who commit crimes against Americans to remain in the United States under the guise of helping law enforcement. In fact, the visa is so used (and abused) that there are more than 334,000 cases pending.
According to the Boston Globe, an attorney for some of the illegal aliens said 3 of the 49 aliens on the flights have passed the first U visa test, which is a new and simple bona fide determination (an initial review of the alien’s petition). It appears that more U visa petitions are in the works.
Meanwhile, the legal case against the flights was challenged and limited by a U.S. District Court, favoring the Governor and not holding him responsible.
In the case of the illegal aliens flown from Florida to Martha’s Vineyard, it is not known whether the applicants are actually cooperating or assisting in the prosecution of a crime, or whether the sheriff is still pursuing a case against the Governor. Nevertheless, while the statute requires cooperation from the victim, there is no strong requirement or evidence needed to meet that requirement. In fact, in some cases, the statute of limitations on the criminal activity has expired and the crime cannot be prosecuted. And in other cases, like in this instance, the crime doesn’t even occur in the same location as the law enforcement agency that signed the required government certification.
To qualify for the U visa, the victim must petition U.S. Citizenship and Immigration Services (USCIS) and provide evidence. One of the required pieces of evidence is Form I-918B, a law enforcement certification. Once the alien receives this certification and applies, they are eligible for a work permit and placed on a waitlist. The status is valid for four years and can be renewed, until, in most cases, the alien eventually gains permanent residence and a green card. Thus, there’s a huge incentive for illegal aliens to claim they are victims.
Not only is it easy to file a visa petition, but it’s also free. Moreover, USCIS will accept petitions that are incomplete and lack evidence. Furthermore, under the Biden administration’s directive if a petition is pending, ICE has a policy not to arrest or deport the applicant.
The fraud is real. The Office of Inspector General (OIG) highlighted several areas of concern, including forgery, altered or suspicious law enforcement certifications, and ineffective management of the visa program. Yet, the administration has been unwilling to address significant problems identified by the 2022 OIG report.
Rather than fixing the program, the administration has focused its efforts on making it more accessible to illegal aliens. And, as a result, true victims of crime are disadvantaged and have to wait in line with potential scammers and illegal aliens who took a flight to the coveted summer destination of Martha’s Vineyard. With the Biden administration upending the intent of the U Visa program, is it incumbent on Congress to exert more oversight of the program, close the loopholes and stop the fraud and abuse of this program. If nothing is done, the program will continue to grow out of hand and actually be detrimental to those it was designed to help.