Understanding the rights of possibly undocumented residents in the wake of Edge of Lowry incidents, as explained by an immigration attorney

AURORA, Colo. — Following a home invasion and kidnapping that injured two Venezuelan immigrants at the Edge of Lowry apartments in Aurora, an immigration attorney sat down with Denver7 to explain the protections afforded to victims, no matter their immigration status.

The crime happened at the Edge of Lowry apartments in Aurora just before 8:45 p.m. Monday. During a press conference Tuesday morning, Chief of Police Todd Chamberlain said two people – a man and a woman – were accosted by approximately 13 to 15 armed individuals before they were kidnapped and taken to a different unit within the same building.

There, Chamberlain said, the victims were “actually bound. They were pistol-whipped. They were beat. They were victimized. They were terrorized.”

The victims were not only kidnapped but their home was burglarized and taken over by some of the suspects in the group, Chamberlain added.

At around 1:50 a.m. Tuesday, the victims were able to talk the group into letting them go, Chamberlain said, adding police were notified about 30 minutes later once the victims were safe at a friend’s home in another part of the city.

Responding officers locked down the entire apartment complex and eventually found about 15 people who matched the description of the suspects after interviewing the victims. All 15 were subsequently detained for questioning.

In an update Tuesday evening, Aurora PD said it learned of another apartment that was possibly associated with the crime. Officers detained five additional people around 5 p.m., bringing the total to 19.

The Edge of Lowry apartments has been in the national spotlight this year because of a video that went viral showing armed men entering one of the units in the complex, sparking claims that the Venezuelan gang Tren de Aragua (TdA) had “taken over” the complex. Chief Chamberlain on Tuesday said this incident was gang-related, but could not yet say if the suspects are affiliated with TdA.

“These individuals, like many gangs and many individuals involved in this type of activity, they victimize their own race and their own ethnicity, and the reason they do that is because they are easy victims, because they know — because of their status — they will not come forward to the police,” Chamberlain said. “They know that they can do things to them that they couldn’t do to anybody else in the community based upon their fear of what the ramifications would be if law enforcement gets involved in that.”

Aurora police told Denver7 that a person’s documentation status is “inconsequential” to its mission of public safety and “advocating for justice on behalf of our victims.” A spokesperson reiterated that the department does not want legal status to deter a victim from reporting a crime to law enforcement.

“We will not allow the victimization of our community members again, whether documented or undocumented, to occur,” said Chamberlain.

Aurora PD told Denver7 its officers have worked to build trust with residents at the Edge of Lowry apartments, including handing out fliers in both English and Spanish detailing how to report crimes.

Aurora Police Department

The QR code from the flier directs an individual to a link with more details on reporting crime. On that webpage, Aurora PD directly states it does “not enforce immigration laws” and “has no interest” in immigration status. A specific portal has been set up for people to submit digital evidence to investigators, which can be done anonymously as well.

In the past, immigrants have been met with misunderstanding when they call law enforcement, according to immigration attorney Arturo Jimenez.

“Even at times when they’ve been involved in an investigation to help find someone who committed a crime, they’ve been caught up in immigration and turned over and even deported in the past,” said Jimenez. “We don’t want to go backward into the 20th century where immigrants were afraid just to call the police.”

Jimenez explained that victims of certain crimes may be eligible for a U nonimmigrant status (U visa), which is meant for individuals “who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.” The U visa was created by Congress with the passage of the Victims of Trafficking and Violence Protection Act in October 2000.

Jimenez estimates a third of his clients are U visa applicants.

“If they don’t have legal status, or if they’re still in the process of asylum, which is hard to obtain and a long process, they may be able to switch into U visas and become protected that way,” Jimenez said. “The U visas also allow them to include their minor children, or if the children are victims, to include their parents and their siblings. So it’s a very good process, very beneficial to immigrants, but probably more beneficial to maintaining the peace for our law enforcement officers and for the citizens of the community.”

Still, Jimenez said U visas come with a long wait.

“We try to get folks a work permit in the meantime, in about one to two years, but then, right now, the wait is estimated at eight years to get approved for the U Visa, and then another three until you can file for residency,” said Jimenez.

Aurora police told Denver7 that some of the detainees were brought to ICE, while others were taken to local police stations.

“That tells me that there is some cooperation between police in terms of turning people over based on their immigration status. And that tells me that Aurora is willing to put their system of people coming forward and assisting with investigations in jeopardy,” Jimenez said when informed about some detainees going to ICE.

During the press conference on Tuesday, Chamberlain said his department will hold the right individuals accountable “in whatever manner or fashion that takes.” He said the Aurora Police Department has requested the help of the Department of Homeland Security Investigations (HSI) unit as well as Immigration and Customs Enforcement (ICE) “to help identify who the suspects are and what actions they were involved in.”