ASISTA, AILA, & ICWC Amicus Brief 2024: Proper Analysis for ‘Qualifying Criminal Activity’

On Monday, Oct. 28, AILA, ASISTA, and ICWC submitted a joint amicus brief to the US District Court for the Middle District of Florida, regarding the proper analysis USCIS should use to assess whether a crime underlying a U visa petition is “qualifying criminal activity.” The complainant in the case had been the victim of a strong arm robbery during which a felonious assault also occurred, but USCIS denied relief based on very narrow and stringent readings of the law. Drawing on a prior ASISTA brief, the amici argued for a more flexible category-based approach to the qualifying crime analysis and criticized the elements-only approach the agency typically employs. Should the lawsuit succeed, the way USCIS analyzes all U visa crimes could be improved and broadened so that more survivors can obtain the protections they need and deserve. Click here to access the Amicus Brief.