Legal Question in Immigration Law in California

An illegal alien is subjected to removal (deportation) proceedings at any time theoretically, but as a practical matter, Department of Homeland Security (DHS) simply does not have the resources to go after an individual illegal alien, unless it's a criminal alien that usually is coming of jail or prison. So, the Defendant here can try wasting his time reporting the alien to DHS but probably nothing will happen. Illegal alien witnesses in certain criminal cases actually are protected and entitled to receive visas. Anyway, DHS has recently decided that its policies will be more on workplace enforcement against employers hiring illegal aliens than against alien workers. No one can guarantee that the alien witness here will not get in trouble with Immigration but it is unlikely. I realize it may not be enough to tell the witness in this case that, but you just have to try if you want his testimony.

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The U visa might be a possibility. It protects aliens, undocumented or otherwise, from those who commit crimes against them including blackmail, extortion, witness tampering, obstruction of justice, perjury or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes (amongst others). This is a relatively new visa category that allows victims of these crimes to secure immigration status when they cooperate with law enforcement in investigating or prosecuting such crimes.

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Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd of Legal Specialization, A Super Lawyer, 2004-2009, Los Angeles, Magazine