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As Milwaukee leaders come to her support, MPS aide may not have to leave US immediately
As Milwaukee leaders come to her support, MPS aide may not have to leave US immediately

Yahoo

time3 days ago

  • General
  • Yahoo

As Milwaukee leaders come to her support, MPS aide may not have to leave US immediately

As members of the Milwaukee Common Council stood in the council chambers for 14 minutes on June 3 — one for each year Yessenia Ruano has lived in the United States — news broke that her imminent departure from the country could be delayed as her visa application for trafficking victims is processed. The news was the latest twist in Ruano's public effort to fight her deportation. The Milwaukee Public Schools teaching aide was ordered on May 30 by U.S Immigration and Customs Enforcement to return to her home country of El Salvador. Before her self-deportation order was delayed, her flight was scheduled for the evening of June 3. Ruano, who has a pending visa application for human trafficking victims, previously said that if ICE ordered it, she'd leave the country with her daughters, who are both U.S citizens. The 14 council members who stood together flanking a photo of Ruano asked that she be able to stay in the country while her T-Visa is being processed. "It's about due process,' said council President José G. Pérez, who organized the action along with Alds. JoCasta Zamarripa and Marina Dimitrijevic. Pérez said he hoped the unanimous show of solidarity would demonstrate to Milwaukee's immigrant community that the council doesn't believe Ruano's treatment is fair. Zamarripa called Ruano the "kind of person that makes Milwaukee a better place." "She is one of millions of people who are suffering at the hands of a broken immigration system and whose American dream is now turning into a nightmare," Zamarripa said. Dimitrijevic said Ruano's case is one of many nationwide, and she hopes the council's action would point to the larger issue. "This city was built on the backs of immigrants, and that's why we stood in solidarity today, and we're not going to back down," Dimitrijevic said. The council action came one day after U.S. Rep. Gwen Moore, D-Milwaukee, sent a letter to Immigration and Customs Enforcement expressing 'deep concern' over Ruano's deportation order despite her pending visa application. Calling Ruano a 'pillar in our Milwaukee community,' Moore wrote that deporting her 'will not make our country safer.' Ruano had a plane ticket out of the Chicago O'Hare airport for the evening of June 3. She was packing suitcases in the morning when she learned she may have at least a bit more time in the U.S. Ruano and her attorney, Marc Christopher, requested a 'stay,' or a pause, on her deportation after U.S. Immigration and Customs Enforcement officers on May 30 said she had to self-deport and return to her home country of El Salvador. The request for a stay has been received and is being considered by ICE, Ruano said. Her understanding is that she can remain in the U.S. while the request is being processed. But it was not clear how long it would take to be processed. A big caveat is that ICE is not prevented from carrying out the deportation while the request is being processed, Christopher said. Also, it was not immediately clear how much longer Ruano could stay in the U.S. if the request for a stay were granted. 'Ms. Ruano and her legal advocates remain hopeful that ICE will take into account the humanitarian gravity of her case,' Christopher said in a statement. ICE officers had said they would not wait for Ruano's open application for a trafficking victims' visa to be processed by a different immigration agency. Processing times for those visas can be two years or more. 'All we ask is that she be allowed to stay – at least until her T visa is decided – so she is not sent back into the very danger she fled,' Christopher said. Alison Dirr of the Journal Sentinel staff contributed to this story. This article originally appeared on Milwaukee Journal Sentinel: MPS aide Yessenia Ruano learns she may get more time in US

NM Supreme Court rules alleged crime victims don't need to disclose visa applications
NM Supreme Court rules alleged crime victims don't need to disclose visa applications

Yahoo

time15-05-2025

  • Politics
  • Yahoo

NM Supreme Court rules alleged crime victims don't need to disclose visa applications

The New Mexico Supreme Court on Nov. 20, 2023 in Santa Fe. (Photo by Austin Fisher / Source NM) The New Mexico Supreme Court on Thursday ruled unanimously that criminal defendants are not entitled to visa applications from their alleged victims who are seeking protections from deportations as part of their testimonies. So-called U and T visas allow non-citizen crime victims to report crimes and testify against perpetrators without fear of being deported. Approved visas allow victims temporary stays in the United States and also a potential avenue to lawful permanent resident status. Last year, the court ordered judges in San Juan and Bernalillo counties to return or destroy victim visa application material that prosecutors had previously provided to defense teams. The court's new ruling in an opinion issued today provides the legal reasoning for that order. Local DA says immigrant crime victims are going silent amid deportation fears, letting abusers free A rule requiring prosecutors to provide applications to defense teams could have a 'chilling effect' on 'immigrants' willingness to report crimes,' the court's opinion, written by Justice Shannon Bacon, said. First Judicial District Attorney Mary Carmack-Altwies recently told Source New Mexico that some immigrant crime victims have stopped answering her phone calls, potentially out of fear of being deported despite qualifying for U visas. About 25 alleged crime victims applied for the visa in her judicial district in the first two months of 2025. One woman who stopped participating in the criminal justice process accused her partner, a United States citizen, of abusing her and two kids, both under age 11 and citizens themselves, Carmack-Altwies said in February. While the court rules that visa applications are now confidential and protected against disclosure during discovery, there are instances when information in an application must be turned over. For example, if the prosecution knows that a victim has applied for a U visa, they should turn that over to the defense team, 'because the fact of a U/T-Visa application is relevant impeachment material,' the court wrote. A crime victim's credibility could reasonably be called into question, according to the court, because the benefits of a U or T visa are 'significant and could provide ulterior motives.' The court explained that 'the defense may impeach the victim's credibility by cross-examining the victim about the potential benefits that a U/T-Visa offers to a victim, acknowledging these benefits are significant and could provide ulterior motives.' When the U/T-visa application is relevant to the victim's motive, the court wrote, a defendant can: Cross-examine witnesses, including victims, regarding their knowledge and participation in the U/T-Visa application process and their reasons for involvement; impeach a witness who has made 'prior inconsistent statements on the topic'; educate the jury about what U/T visa is and their benefits by cross-examining the state's witnesses or direct examination of defense witnesses'; and make related closing arguments Also, if prosecutors have a copy of the visa application and material within it bears on the defendant's guilt, then the information — 'not the application' itself — must be disclosed, according to the court opinion. If the prosecution and defense disagree on whether information in the application is material, a judge may have to review it in private.

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