Crimes Against Undocumented Immigrants

 Posted on December 26, 2018 in Violent Crime

With all of the political talk about illegal immigrants coming into the country who may be criminals, it brings another question to mind: what rights do illegal immigrants have when it comes to being protected by the law? Are crimes against illegal immigrants punishable, and if so, are perpetrators penalized to the same extent that they would be had the victim been a U.S. citizen?

Undocumented Immigrants and Workers Fear Retaliation

The National Immigration Project reports that immigrant victims are in fear of “reporting violent crimes and labor violations to law enforcement and working with the criminal justice system will expose them to deportation.” These victims also fear that they will be separated from their children and banished from the U.S. permanently if they do seek traditional victim support systems through law enforcement.

Senate Bill 34 VOICES Act Now Law

Senate Bill 34, the Voices of Immigrant Communities Empowering Survivors (the VOICES Act), is now law after the Illinois Senate and House both passed over Governor Bruce Rauner’s veto. The law states that police must investigate complaints of abuse and assault in a timely manner when the victim or alleged victim is an undocumented immigrant. By filing a report, immigrants can use them to work towards citizenship and visas. Opponents of the law argue that some undocumented immigrants will report crimes simply to further their chances of receiving citizenship. On the other side, proponents argue that undocumented immigrants and workers suffer fear of retaliation from their employers and fear of being deported if they speak up about a crime that was committed against them or a crime that they witnessed happen to another person and that this law will help remedy those fears.

What if I Have Been Charged with a Crime Against an Immigrant?

The most common crimes committed against undocumented workers include the following:

• Human trafficking;
• Robbery and theft;
• Assault;
• Sexual assault;
• Battery;
• Domestic violence; and
• Workplace crimes.

If you have been accused of committing any of these offenses, you need to speak with an attorney. In some rare cases, alleged offenders are charged with hate crimes if there is evidence that the offense was committed because of the victim’s race or national origin. A hate crime can add potential serious jail or prison time to any offense that you are charged with.

Call a Cook County Criminal Defense Lawyer Today

Crimes against undocumented immigrants are treated just as severely as crimes committed against U.S. citizens. As such, it is dangerous to enter the mindset that the allegations made against you are not serious. Make no mistake, you need to contact an experienced Rolling Meadows criminal defense attorney immediately. Call 847-394-3200 to reach the Law Offices of Christopher M. Cosley today to schedule a free consultation.

Sources:

http://rockrivertimes.com/28/illinois-house-overrides-voices-act-veto/

https://www.nationalimmigrationproject.org/victims.html