USCIS announces improvements to the T visa program for immigrant victims of human trafficking

The US Citizenship and Immigration Services (USCIS) announced this Monday a rule that establishes improvements in the implementation of the T visa program, that protects immigrant victims of human trafficking.

The T visa allows certain victims of human trafficking to remain in the United States for an initial period of up to four years.

USCIS Director Ur M. Jaddou said in a statement that the new rule establishes a “firm” regulatory framework to grant the benefit to eligible individuals.

“We are dedicated to protecting victims of human trafficking and minimizing any potential barriers to assistance.“said the USCIS director.

“This final rule has been many years in the making and I am pleased that the T visa program now has a strong regulatory framework to support it. “This ultimately makes our approach more victim-centered and strengthens the integrity of the T visa application process so that the program better protects victims as Congress intended,” he continued.

According to USCIS itself, Human trafficking is a crime in which traffickers use force, fraud, or coercion to force people to provide work or services, including commercial sex.

To do this, traffickers often prey on vulnerable people, including those who lack legal immigration status. In some cases, people who are smuggled into the United States may become victims of human trafficking or exploitation during their travels or upon reaching their destination.

Thus, T nonimmigrant status offers protection to victims and strengthens the ability of law enforcement agencies to detect, investigate, and prosecute human trafficking.

As such, this final rule clarifies eligibility for T nonimmigrant status and the requirements to apply for it, and includes provisions to reduce potential barriers for victims and allows USCIS officers to adjudicate victims’ applications more efficiently. .

The final rule also improves the integrity of the program by clarifying reporting and evidentiary requirements for trafficking victims, which will better assist law enforcement in acting on trafficking reports.

For their part, immigrant rights advocates have denounced that the T visa program has been underutilized since it was introduced in 2000.

The Department of Homeland Security (DHS) and USCIS made interim adjustments to the program in 2016.

Key elements of the final rule include:

• Update and clarify definitions, including serious harm, abuse, and law enforcement agency, to ensure consistency and standards, as outlined in the Human Trafficking Victims Protection Act of 2000, as amended;
• Improve program efficiency by clarifying reporting and testing requirements up front to decrease requests for additional testing;
• Centralize the ability of law enforcement agencies to act on trafficking complaints by requiring victims to report trafficking cases to the correct police jurisdiction; and
• Simplify the good faith determination and adjudication process, while maintaining fraud prevention measures.

According to USCIS data, the agency received 25,960 T visa applications between fiscal year 2008 and 2021, of which 17,410 were approved.

In a 2022 report, USCIS acknowledged that “the number of applications filed has increased steadily over the years, from 710 applications in fiscal year 2008 to 2,780 in fiscal year 2021.”

In fiscal year 2018, USCIS received the most applications (2,930), based on data through 2021.

In 2020, DHS launched a center to combat human trafficking and launched the Blue Campaign, a national awareness effort to educate the public and law enforcement to recognize the signs of this crime and how to appropriately respond to potential threats. cases.

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