SANTA FE, N.M. (KRQE) – The state’s highest court says evidence related to an individual’s immigration status cannot be used in court proceedings in certain cases.
The New Mexico Supreme Court says T and U visa application material will be prohibited in court cases within the state. T visas are issued for individuals who are victims of human trafficking, and U visas are issued for victims of crimes such as sexual assault or murder.
The intention of T and U visas are to provide noncitizens a way to remain in the U.S. as they work with law enforcement to report and convict criminals, the New Mexico Supreme Court explains. By allowing courts to admit visa materials as evidence, immigrants with visa status could be improperly discredited during trials, the Supreme Court says. So, state judges should “prohibit further production or use of any such related materials in future proceedings.”
The issue came up in several recent cases. In one case, a man from San Juan County was accused of criminal sexual contact with a child under the age of 13. The child’s parents – who were on U visas – reported the alleged crime.
Under the Supreme Court’s directive, lower courts cannot approve subpoenas requiring the disclosure of T and U visa information. The Supreme Court says it will publish a formal written opinion on the matter.
