Agenda Packet_2025-09-16 - Laserfiche WebLink

Home Browse Search

Vice Chair Castillo Laughton stated the existing policy already incorporated the federal definition and asked whether improving the definition of"helpfulness"in the policy would be beneficial. Allyssa Scheyer confirmed. Discussion ensued regarding qualifying crime examples. Deputy Chief Roland Andrade stated the only federal crime explicitly categorized as a felony or misdemeanor is assault, for crimes like domestic violence or extortion federal law does not differentiate between misdemeanor and felony charges. Chair Carpenter asked how the U-Visa process is initiated when the crime is considered a misdemeanor. Allyssa Scheyer stated the applicant makes the first contact often through the immigration hotline where the individual is referred to legal services for the U-Visa process. Vice Chair Castillo Laughton asked whether a denied request for a certification decision could be reviewed. Allyssa Scheyer explained there is an option to request for the case to be reviewed by a supervisor but applicants that do not have an attorney may not know and if the case is denied by Department of Homeland Security (DHS) there is an appeal process that does not involve SAPD. Chair Carpenter asked for clarification regarding the time it takes for DHS to review the U-Visa application and whether an applicant is still at risk of deportation. Allyssa Scheyer stated there is an initial review of about two years however an ultimate decision could take about eight or nine years and the applicant is still at risk of deportation during this process. Commissioner Vega asked whether the risk of deportation is after the application is denied or during the application process. Allyssa Scheyer stated there is a risk of deportation during the application process and after the denial. Commissioner Perea stated the policy does not include the federal requirement for the victim to have information of the criminal activity, asked whether the policy is in compliance with state law and what the approval rate of the certification is, and requested examples of cities with U-Visa policies the commission could use as a reference. Sabrina Rivera and Allyssa Scheyer stated a periodic review would help ensure the policy's ongoing compliance with state laws, spoke regarding the approval rate fluctuation, and recommended the City of Oakland and the Los Angeles District Attorney's office U-Visa policies as references. POLICE OVERSIGHT COMMISSION 9 JULY 10, 2025 City Council 6 – 84 9/16/2025