One San Jose lawmaker wants to increase protections for undocumented immigrants who assist law enforcement in investigating crimes committed against them.
Congressman Jimmy Panetta, whose district includes South San Jose, has introduced the Immigrant Witness and Victim Protection Act, which would remove a cap for U and T visas. The visas are meant to encourage undocumented victims of human trafficking, sexual assault, domestic violence and other serious crimes to engage with law enforcement without fear of deportation. There’s an annual cap of 10,000 petitions for U visas, and Santa Clara County has seen a recent rise in applications. At the same time, the federal government is targeting the visas for elimination — and applicants for potential deportation.
Panetta’s bill would also protect victims from detention or deportation while their case is under review, and allow them to receive work permits while they wait for the visa.
“It’s a very straightforward, simple, common sensical fix that’s needed now more than ever, at a time when there is great distrust in government,” Panetta said at a Thursday news conference in San Jose. “The Immigrant Witness and Victim Protection Act allows witnesses and victims to trust our criminal justice system, to come out of the shadows and to come forward. This bill would not only allow us to secure justice in courtrooms, it would provide safety and security to our communities, and it would strengthen that trust in our democracy.”
Immigrant women are more vulnerable to domestic violence, with abuse rates nearly three times the national average. However, due to fear of deportation, individuals may be hesitant to engage with law enforcement.
Santa Clara County has seen a roughly 50% increase in U visa applications since 2020, Assistant District Attorney Terry Harman said. The county received 452 applications last year and expects to receive 524 applications this year. Women survivors of sexual assault and domestic violence make up nearly half of applicants.
“We do not want anyone who has been harmed or who has witnessed someone else being harmed, to remain silent because of fear of being deported,” Harman said. “We care about people being held accountable for committing crimes against others.”
Harman said she doesn’t know how many applicants end up getting granted visas, since the Santa Clara County District Attorney’s Office is only responsible for certifying applications.
“If only it were possible to put a cap on crime. If only it were possible to limit the number of harms you inflict on each other,” Harman said. “But unfortunately, that cannot be the case. And since there is no cap on crime, Santa Clara County District Attorney Jeff Rosen joins everybody here to get rid of caps that support and benefit victims of crime.”
Undersheriff Dalia Rodriguez said U and T visas are imperative for both the safety of victims and the community.
“It helps them know that when they report crime, they will not be deported,” Rodriguez said at the news conference. “This is something that is critical for our office, because we want to continue to maintain that relationship with our community.”
San Jose Police Chief Paul Joseph said U and T visas have been a tool used by the department over the years to ensure undocumented victims have the availability and protection to testify in court, leading to the prosecution of perpetrators.
“We understand that diversity is our strength, but we also know that trust is our foundation,” Joseph said at the news conference. “Fear of deportation erodes that trust and drives victims deeper into the shadows. This legislation helps break that cycle. It reinforces a simple truth — seeking safety should never be a risk.”
Contact Joyce Chu at [email protected] or @joyce_speaks on X.
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