A Vineyard attorney who has worked closely with the Venezuelan migrants since they landed on Martha’s Vineyard says they have filed for immigration under a law that protects victims of crimes.
Rachel Self, who specializes in immigration laws, said it’s a complicated and lengthy process toward lawful permanent residency in the U.S., but one that comes with protection against deportation once they’re certified.
“Since the day they landed on Martha’s Vineyard, it has been clear to all who spoke to them that the migrants had been preyed upon and victimized,” Self wrote in an email to The Times. “That is why, since the very beginning, I have been working closely with Sheriff [Javier] Salazar and the Sheriff’s Department of Bexar County, Texas, assisting them in their investigation. When a crime is suspected, it is essential to begin investigating and collecting evidence as soon as possible so that the perpetrators can be brought to justice.”
In a statement sent to The Times, Sheriff Salazar confirmed that he has certified the migrants as victims of a crime. “Based upon the claims of migrants being transported from Bexar County under false pretenses, we are investigating this case as possible unlawful restraint (Texas Penal Code 20.02),” Salazar said. “We have suspects identified, however at this point in the investigation, we are not at liberty to release those names publicly or confirm any identities. Only those who were physically in our jurisdiction at the time of the offense are considered suspects.”
Salazar went on to confirm that the crime has been documented to protect the migrants. “We have submitted documentation through the federal system to ensure the migrants’ availability as witnesses during the investigation,” Salazar said. “We are actively working with the Bexar County District Attorney’s Office and the attorneys representing the migrants. The investigation remains ongoing, and we will release any updates as available.”
Salazar was the first to open a criminal investigation into what transpired on Sept. 14, first in Texas and then on Martha’s Vineyard, after learning that the migrants spoke of a woman named “Perla” — later identified as Perla Huerta, a former counterintelligence specialist in the military, by the New York Times — who lured the migrants to board planes with the promise of jobs and housing.
“Early on the sheriff proved he is fiercely dedicated to ensuring that these victims know he and his department are fighting for them — and they will fight to ensure nothing like this ever happens again to the people of Bexar County,” Self wrote. “Over the last few weeks we worked with his Organized Crime Division, and we coordinated and conducted interviews of all of the victims. We have collected their accounts along with photos and videos, and other information they possess about the criminal activity, which is assisting the sheriff in his investigation.”
In her email, Self noted that she flew to San Antonio this week to meet with Sheriff Salazar and the chief of his Organized Crime Division, as well as other members of the sheriff’s department, in an effort to receive certifications they need to begin the so-called U visa application process.
“No matter what your political beliefs are, these people are all crime victims,” Self wrote. “I now hold in my hand certifications for every one of Perla’s victims. Once certified, the crime victim can apply to USCIS for a U visa, which, if approved, allows them to remain in the U.S. in nonimmigrant status, and eventually can lead to lawful permanent residence. This is not a quick and easy process. U visa applications often take six or seven years just to be adjudicated. While the application is pending, the applicant can receive work authorization, but there is no guarantee as to when it will be granted. This is not a process anyone goes through for a quick fix.”
Self went on to explain the process. “It is a process you undertake for the benefit of our justice system as a whole. It is a process we want people to undertake because they are essential witnesses in a criminal investigation — because helping law enforcement is the right thing to do — because we cannot allow criminals to get away with victimizing people simply because those people are vulnerable and marginalized,” she wrote. “Ironically, by choosing to transport the migrants to Martha’s Vineyard, which is in the First Circuit, all of these victims are now protected from removal while their U visa application is pending, due to the Granados Benitez case.”
In 2021, a U.S. appeals court refused to reopen an immigration case involving Carlos Antonio Granados Benitez, who came to the U.S. from Honduras, because he had a pending U visa case.
Florida Gov. Ron DeSantis, whose state paid for the transport of the migrants from Texas to Martha’s Vineyard, has maintained that the migrants signed documents and went willingly. The use of those federal COVID relief funds is also under investigation by the U.S. Treasury Department.
In a statement, Carol Rose, executive director of the ACLU of Massachusetts, praised the sheriff’s actions. “We are grateful for Sheriff Salazar’s recognition of the gravity of these events. These certifications are an acknowledgment of the wrongs done to our clients, and a crucial step in helping them to chart their path forward. Immigrants are human beings, not political props,” Rose said. “We are proud that Massachusetts received these immigrants with compassion, and look forward to continuing to work with our clients as they begin their lives in our community.”
Meanwhile, the League of United Latin American Citizens (LULAC) has upped the bounty for information leading to Huerta to $10,000.
“No criminal should rest easy knowing that they can do whatever they want because their victims might be scared to talk to the police,” Self wrote. “These certifications will ensure that the migrants can continue to help our law enforcement officials, and that they will be able to process and heal from the incredibly traumatic experiences they have suffered as a result of the cruel, heartless acts committed against them.”
The migrants have moved on from their emergency shelter at Joint Base Cape Cod, which closed last Friday, and are now in various places, including Martha’s Vineyard.
“These certifications are yet another powerful example of how, if we work together, justice is possible. And we know justice is not just possible — it is necessary,” Self wrote. “If we are going to live up to the ideals embodied in our Constitution, we have to ensure that justice is served. I am incredibly proud to have been working alongside the migrants every step of the way, helping them and law enforcement begin to address the crimes committed. This is simply too important, to our country and to these people, to allow the wrongs committed against them to be buried under political bluster. These are people who were victimized. I am extremely grateful to Sheriff Salazar for not standing idly by.”
Many of the migrants told horrific stories of their journeys from Venezuela to the U.S., at least one of them beaten to the point of losing teeth.
“Even before they arrived on the Island, these people were survivors,” Self wrote. “They are unfortunately already accustomed to doing the best they can for themselves and their families despite horrible circumstances. They will continue to do so, showing more respect for the rule of the law and the values of this nation than the people who chose to use them as political pawns. And we will continue to remind them that they are not alone. We have their backs. And we are proud to be here for them.”
LULAC is either pretty broke or doesn’t place much value on this alleged crime. $10,000 is pocket change for information leading to Huerta.
It would be another waste of taxpayers money if any of the lawyers involved in this are collecting any money from the taxpayers. It is always follow the money which is why the migrants come here in the first place is to escape poverty and come here to make money. Why not go investigate the coyotes who are making millions off of these migrants, any stop along the trail is a money story. Another positive outcome from the migrants arriving here is the liberal woke Democrat elitist are finally starting to realize it is no joke what’s going on at the border. Listen to the New York mayor cry about the few that arrived at his doorstep. Enough already of the zealous who want open borders, Open borders is a hand right into my wallet which is getting thinner thanks to sleepy Joe.
Why not follow the money to see that taxpayers paid for this political sad stunt?
Congratulations, Rachel! You just got your 15 minutes of fame.
Not to mention DeSantis’ 15 minutes.
15 minutes he now regrets.
Attorney Self, and all her colleagues assisting in this effort to uphold the rule of law on the southern border, ought to be commended for their rational response to the anarchy DeSantis has unleashed.
I hope she stays there
As for the people Biden sent all over the country, I didnt hear anything, nada zero complaints about this action from them or anyone else anywhere as their kidnapping or using federal money or criminal actions and all the rest of the blather I hear from MV people who took in 50 and deported them the next day. Florida sent them to one of the poshest places in the US and MV couldnt or wouldnt absorb them. Good luck with the indictments.
andy– you do know the federal government, through congress, is the sole authority as mandated by the constitution to regulate immigration.
States , and their governors have no constitutionally authority to regulate immigration in any way. NADA-ZERO.
Do you dispute that ?
If so, show me the clause.
The conservatives have been complaining that the Biden administration has not been helping border states since the day he took office.
In fact, the Biden administration has been doing exactly what the trump administration had been doing for years. Namely transporting legal immigrants to various places around the country. The reason no one has complained is because that is exactly what the federal government is supposed to do– with money authorized by congress specifically for that purpose. We did complain when the trump administration took children as young as 1 year old from their parents and transported them to places that we still have no idea as to where they are.
No one has complained about the Biden administration doing this, because that is their job. Suddenly, radical right wing partisan trolls decide to complain.
The problem here is that the governor of Florida has no right to misappropriate federal government funds and start playing immigration police.
You can have your opinion about whether the Vineyard has suddenly become a “posh” place, or is still the dysfunctional covered in trash island that you have been telling us about for years.
You can have your opinion about whether the immigrants are better off because of DeSantis’s $600,000 political stunt at the expense of federal taxpayers.
You can distract from the reality that the governor of Florida violated multiple federal laws, as well as having violated the mores of a civilized and moral society.
But you won’t fool me.
The due process of law will sort it out.
I will accept it if the courts decide that DeSantis is not guilty of breaking any laws and is free to do it again.
Will you accept it if they decide to LOCK HIM UP ?
I agree with everything you say keller. Lets take 10 million more and send them all over the place because that is what the federal government is supposed to do. Focusing on the wrong thing is par for the course. How about 20 million. 2million because it is legal for the federal govt but 50 is illegal because a state did it. Help me out.
andy — tell us the truth . Do you want the federal government to help out the overburdened border states or not ?
Conservatives have been calling for “sanctuary states” to take legal immigrants and relieve the pressure on border states.
So Biden has been doing just that– transporting hundreds of thousands of them to “blue” states.
What’s the problem ?
Whine if Biden does nothing–
Whine if Biden does something—
And let’s not forget that over a million Americans died from COVID in the last couple of years. Perhaps that’s why you cant get anything you want as soon as you want.
Maybe these hard working immigrants can fill some of the jobs that I see available in almost every store I walk into.
Andy, we have millions of of no skill jobs that can’t be filled at twice the minimum wage.
Let the people escaping Communist Oppression take them.
Speaking of indictments how many of the scruffy faced, tatted up, cameo wearing ‘Patroits’ are enjoying the Federal Food Program.
And free clothing.
How many ratted out their coconspirators.
A real band of brothers…
So let me try to understand. Let’s say 4 or 6 or more people break into your house. You come home and don’t call the police – which any one would do and should do – but we decide to instead feed them, clothe them ,give them a free phone and a pre-paid credit card for several days . Then we line them up with taxpayer paid services regardless of their immigration status. Is this sane or not.
Was it sane to welcome people escaping Hitler?
Stalin?
Putin?
Here’s a more appropriate metaphor for you so you can try to understand ;
Let’s say the police arrest 4 or 6 or more people — 2 of them under the age of 12 — for vagrancy because they are homeless because hurricane Ian washed their houses away. The police then realize they don’t have any room at the jail. So they select the nicest house in the neighborhood, kick in the door and put them in that house, which just happens to be mine. They didn’t ask me by the way—
When I come home, I don’t call the police because it was the police who put them in my house in the first place, and if I complain they will bring another 4 or 6 or more over.
So what do you think I would do ? (select one only)
A) Shoot them
B) Give them bread and water and have them work 12 house a day on my landscaping projects
C) Treat them with respect, feed them, give them some clothing from one of my 20 overstuffed walk in closets, give them temporary shelter in one of my 20 bedrooms and help them find jobs and permanent housing.
Let me give you some hints;
I don’t have a gun
I don’t have any landscaping projects.
Only one option is actually “sane”, moral and legal
It’s the same thing Jesus would do.
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