The American Civil Liberties Union of Virginia on Tuesday sued the Roanoke Police Department, claiming it violated state law in refusing to properly consider a visa request from a survivor of domestic violence.
The woman, referred to anonymously in court records, is originally from Guatemala and had worked with officers in 2012 after her partner “punched [her] in the head, pulled her hair, and shoved her, causing her visible injuries,” according to the ACLU’s petition for judicial review filed in Roanoke City Circuit Court.
At the conclusion of the case, the Roanoke Police Department, then led by Chief Chris Perkins, certified her to apply for a U nonimmigration visa, the ACLU stated. Such visas are granted to survivors of violent crimes, abuse and human trafficking so long as they’ve cooperated with law enforcement, and those survivors can apply for a green card after living in the U.S. with the visa for at least three years.
According to the suit, the woman is now eligible to become a legal permanent resident of the U.S. She asked the police department to reissue her U visa in October 2023 and didn’t receive a response, the ACLU’s petition states. When she followed up in January, she received a response from Deputy Chief Jerry Stokes that read:
“Per our long standing practice we do not respond to UVisa requests. We are not required by state or federal law and our city attorney has advised we should not respond to these requests.”
At the time, Stokes was serving as interim chief of the department after the previous chief, Sam Roman, left in July.
But a 2021 Virginia law requires law enforcement agencies to respond to U visa requests within a certain timeframe and provide a written explanation if they deny certification, the ACLU holds. And requests for reissuance, as in the case of their client, must be responded to with certification within 90 days.
When the woman followed up with Stokes through immigration counsel, he reiterated that “we are not required to sign and our practice now is we don’t assist with UVisas,” the petition states. In another response last month, he wrote that “The city attorney is reviewing and will respond as necessary.”
Reached Tuesday, Roanoke City Attorney Tim Spencer said he had discussed general processes for U visas with the police department earlier this year, and “I believe we are following the law.”
Spencer said he has a positive professional relationship with the ACLU and his office has corresponded proactively with the agency about a number of city policies over the years.
“This is not us,” he said in response to the ACLU’s press release. “This is not the city of Roanoke. We are supportive of someone like this.”
“A simple phone call, I think, can resolve this. I don’t think we’re opposing anything they want us to do, if it’s to follow the law,” he said, adding that both the city and the new chief, Scott Booth, who started in the position on Oct. 31, are sensitive to these issues and support survivors of abuse.
A spokesperson for the ACLU could not be reached as of Tuesday evening.
In its petition, the ACLU is asking the court to issue the certification, make several declarations about the Roanoke Police Department’s response and policy, require the department to publish its policies on the U visa process and award reasonable costs and attorney’s fees.
