The U.S. Department of Justice has moved to challenge Colorado’s U-Visa law, arguing it conflicts with federal immigration rules by broadening who qualifies for law enforcement certifications used in visa applications.

HB21-1060 was signed into law by Gov. Jared Polis in 2021.

The law was designed to create uniformity and fairness for immigrant crime survivors.

“Colorado victims have been subjected to inconsistent policies across the state, unfairly preventing them from applying for a U-Visa,” Rocky Mountain Immigrant Advocacy Network said in a statement upon the measure passing both chambers.

Eric Maruyama, a Polis spokesperson, could not be reached for comment before this story published.

Congress created the U nonimmigrant status (U-Visa) in 2020 to protect victims of domestic violence, sexual assault and trafficking. The federal law spells out more than two dozen crimes in which victims would be eligible for the visa.

To apply for the U-Visa and a pathway to lawful permanent residency, immigrant survivors must receive certification from law enforcement verifying victimization and helpfulness in the investigation or prosecution of the crime.

Every Colorado agency that receives a U-Visa certification request must annually report statistics to the Division of Criminal Justice.

Paula Vargas, a spokesperson for the Colorado Department of Public Safety, did not have data on the number of U-Visa certification requests.

The DOJ on Tuesday moved to intervene, in support of a lawsuit brought by local law enforcement officials challenging Colorado. The federal government is alleging Colorado’s law interferes with public safety.

Associate Attorney General Stanley Woodward said Colorado was “distorting the U-Visa process.”

“Congress created a scheme to incentivize cooperation with law enforcement while relying on local official discretion to ensure that only deserving applicants receive U-Visas,” Woodward said in a statement. “But Colorado is favoring the unhelpful alien over the crime victim who helps promote public safety and order.

“Federal law does not tolerate that backwards policy.”

Only 10,000 U-Visas are available each year, according to the DOJ.

The Colorado law, federal prosecutors said, requires officials to certify immigrant victims of crime regardless of their helpfulness in the crime. 

Eliminating official discretion, “removes an important threshold check that ensures U-Visas go to only worthy applicants,” the U.S. government alleges.

Lawrence Pacheco, a spokesperson for Colorado Attorney General Phil Weiser, declined to comment, citing the ongoing litigation.