U VISA - U.S. District Court Certifies U Visas for Arrested and Detained Undocumented Illegal Aliens

Louisiana District Court E.D. - Ten non-documented illegal alien workers sued their employer and applied to the Court for U visa certification. U visas are given to alien applicants who are victims of criminal activity; possess information regarding criminal activity; and are likely to be helpful in the investigation or prosecution of criminal activity.

The Plaintiffs in this case filed a motion for the U visas issuance, claiming that their employer underpaid them, threatened to deport them if they complained, violated the Fair Labor Standards Act (FLSA) and also alleged claims under the Victims of Trafficking Protection Act. They further claimed that claimed that upon filing a suit to recover unpaid wages from their employer, agents of the USCIS raided their workplace, apprehended, placed them in custody and sought their removal/deportation.

After reviewing the record, the court concluded that undocumented aliens are likely victims of criminal activity, posses information regarding such and are likely to be helpful in the prosecution of criminal activity with respect to the conduct of their employers. The court went on to award them U-Visa Certifications, opening the door for them to remain in the U.S. legally. [Read the U Visa Court opinion].