Local Leaders Challenge State Over Crime Victim Visas
A Surprising Legal Challenge
In a surprising move, two top law enforcement officials in Douglas County have taken legal action against Colorado's governor and other state leaders. Their issue? A 2021 state law designed to make it easier for non-citizen crime victims to apply for U visas.
What Are U Visas?
U visas are special permits that allow victims of crimes to stay in the U.S. if they help with investigations or prosecutions.
The Officials' Argument
The sheriff and district attorney argue that the law ties their hands. It forces them to certify applications without considering important factors, such as whether the crime can actually be prosecuted. They believe this conflicts with federal law and infringes on their rights.
Key Points of the Law
- Simplifies certification: Officials can only deny an application if there's proof the victim didn't cooperate.
- Sets deadlines: Agencies must process requests within specific timeframes.
- Requires reporting: Agencies must report their decisions to the state.
Statistics on U-Visa Applications
Between 2019 and 2025, Colorado agencies received over 1,300 U-visa requests and approved about 82% of them. Most denials were due to:
- The crime not qualifying.
- The victim not being helpful.
Interestingly, the Douglas County Sheriff's Office and the 23rd Judicial District haven't submitted their data to the state.
A Case of Discretion
The district attorney, George Brauchler, refused to certify an application in June. He stated that the domestic violence claim was too old to prosecute, but the state law would have required him to certify it anyway. He argues that the law strips him of his discretion and turns the U-visa into an easy way to stay in the country.
The Lawsuit and Its Implications
The lawsuit was filed in federal court, and the sheriff's office hasn't commented on their lack of data reporting. This case raises important questions about:
- State and federal laws.
- The balance between helping crime victims and maintaining law enforcement discretion.
