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  1. #1
    Five-0's Avatar
    Five-0 is offline Super Moderator
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    Angry Why is This an Issue?

    Click the link for full story.

    She was not here legally at the time of the incident, period.

    Wounded immigrant sues over denial of crime victim compensation | al.com

    Breaking News from The Birmingham News Local news updates from Birmingham and surrounding communities


    Breaking News, Shared - Mobile Wounded immigrant sues over denial of crime victim compensation

    By Kent Faulk -- The Birmingham News

    May 21, 2010, 8:00AM

    Bernarda Uriostegui, a 24-year-old Bessemer resident, reveals the scar on her neck from a gunshot wound she suffered in 2008 when a man robbed her at her Lipscomb home. (The Birmingham News/Michelle Williams) A Bessemer woman, who was shot three times in a 2008 attack, has filed a federal lawsuit saying an Alabama agency didn't have the authority to determine whether she was an illegal alien in denying her money from a state victim compensation's fund.
    The Alabama Crime Victims' Compensation Commission is not entitled to determine who is and is not a legal resident, according to the lawsuit filed last week in Birmingham on behalf of Bernarda Uriostegui. "That is solely the province of the United States Customs and Immigration Services," the lawsuit states
    Commission officials declined to comment on the lawsuit. But the officials said they don't ask, or set out to investigate, whether a person is illegally in the country.
    More often than not, it is the person making the claim that reveals they are an illegal alien, said Cassie Jones, director of the commission.
    Uriostegui was shot in the leg, back and a shoulder on Feb. 7, 2008, by a man who came into her home in an attempted robbery. The man has not been caught. In August 2008 the Mexico native applied for money through the commission, which was set up to help victims of violent crimes with things such as medical expenses and loss of income.
    The commission notified Uriostegui a week after she applied that she had been denied her request because she had been identified as an illegal alien, according to the lawsuit.
    Uriostegui did not provide a Social Security number on the application form, said her attorney, Freddy Rubio. Since her application was first denied, Uriostegui has gotten a special U Visa issued to immigrants who are the victims of crimes and she has gotten a work permit, he said.
    Uriostegui lost an appeal to the commission in March. Last week she filed an appeal of the commission's decision in Montgomery County Circuit Court.
    In her federal lawsuit, Uriostegui asks a judge to order the commission not to deny victim compensation money based solely on whether an applicant is an illegal alien. The lawsuit asks that a judge declare the agency's rules as being unconstitutional and contrary to Alabama law.
    The Alabama law setting up the commission does not bar illegal aliens from getting compensation money. But under its own rules the agency bars illegal aliens from getting money, unless they are victims of human trafficking.
    Commission officials also have said the federal Welfare Reform Act of 1996 bars providing certain public benefits to illegal aliens. Rubio said the commission is misinterpreting that federal law.
    The federal lawsuit seeks class action status to represent other illegal aliens who may have been denied benefits by the commission.
    The commission does not keep up with the number of claims denied because of their immigration status.
    An overwhelming majority of applicants are approved for funds, commission officials say. Since the agency was created it has paid out more than $80 million in victim compensation to more than 40,000 people, commission officials said.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  2. #2
    ISPTI's Avatar
    ISPTI is offline S=3.86 x √(R x Fs)
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    Quote Originally Posted by Five-0 View Post
    Since her application was first denied, Uriostegui has gotten a special U Visa issued to immigrants who are the victims of crimes and she has gotten a work permit, he said.
    Ignoring the rest of the article, because this obviously shouldn't be an issue, this particular sentence really irked me. C'mon, really?? Ok Juan, jack me in the face and leave a nice bruise so I can report it to the cops and they will never figure out who did it. Then I can get a visa for being a victim somewhere that I wasn't supposed to be in the first place anyhow...

  3. #3
    Five-0's Avatar
    Five-0 is offline Super Moderator
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    Thank you. I had to show my bias just a bit, but you are hitting on the deeper issue that was pissing me off.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  4. #4
    MacLean's Avatar
    MacLean is offline O/R Gun mod
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    The U Visa is temporary and is designed to facilitate the apprehension of the suspect, not to allow for immigration.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  5. #5
    lewisipso's Avatar
    lewisipso is offline Injustice/Indifference/In God we trust
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    Immigration issues make as much sense as swimming upriver in a river full of crocs.
    Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me

    We are who we choose to be.

    R.I.P. Arielle. 08/20/2010-09/16/2012


 

 

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