Citation

Pritchett SM. Harvard J. Law Gend. 2017; 40: 365-409.

Copyright

(Copyright © 2017, President and Fellows of Harvard College, Publisher Harvard Law School Publications)

DOI

unavailable

PMID

unavailable

Abstract

Congress created the U non-immigrant visa to bring immigrant victims of crime out of the shadows and encourage their participation in the investigation and prosecution of criminal activity. To this end, to assist in the prosecution of the crime and remain eligible for certification from law enforcement officials, U visa applicants regularly participate as witnesses in criminal trials against the perpetrators of the crimes committed against them. However, serving as a witness in a criminal trial opens up the U visa applicant to cross-examination about her immigration status, employment history, criminal history, and credibility. These attacks in court can be traumatic, intimidating, and have far-reaching consequences in other areas of an applicant's life. What rules of evidence exist to protect U visa applicants from retraumatization at trial? This Article analyzes the Federal Rules of Evidence to determine the evidentiary safeguards that can be utilized to protect U visa applicants in a criminal trial setting. In concluding that existing rules of evidence leave U visa applicants vulnerable to re-traumatization, the Article explores the possibility of drawing upon rape shield statutes as a model for the development of a new status-shield law. Status-shield laws have the potential to protect U visa applicants at trial and further the laudable goal of encouraging the assistance and participation of undocumented non-citizens in the investigation and prosecution of crime.

Language: en