We have protections for immigrant survivors of trafficking and other crimes – here’s how they work
US immigration is divided into two categories – immigrant and non-immigrant visas. Immigrant visas are for people coming to reside permanently, known often as green cards. Non-immigrant visas are for people coming temporarily, although some of the visas may eventually allow a person to apply to remain permanently. The list of non-immigrant visas goes straight down the alphabet, from A visas for diplomats to V visas for spouses and children of permanent residents (a now defunct program).
Two of those non-immigrant visas are for people who have been victims of certain crimes in the United States. The T visa is for survivors of trafficking, and the U visa is for survivors of certain serious crimes. Both will be under attack during the Trump Administration. This article will give you some basic understanding of how the programs work.
The T visa is for people who have been victims of a severe form of trafficking who have assisted in the detection, investigation, or prosecution of the traffickers. It can be either sex or labor trafficking. The person need not have been trafficked into the United States but must be present in the United States on account of trafficking.
Labor trafficking means forcing or coercing a person into slavery, debt bondage, peonage, or involuntary servitude. Sex trafficking forcing or coercing a person into a commercial sex act (if the victim is under 18, no force, fraud, or coercion need be shown). Preparing an application for a T visa can be very complex.
Once a T visa is granted, the person can get work authorization and protection from removal for four years. After three years in T visa status, they can apply for permanent residency. They are eligible for some public benefits to assist them in recovering from the trafficking situation. Some people can apply for a green card early if the investigation is complete. Under recent regulations, T applicants get employment authorization while their application is pending if it is deemed to be bona fide. Under policies protecting victims, T applicants can be protected from removal while their applications are pending.
The U visa is for people who have suffered harm due to certain crimes, and have been, are being, or will be helpful in the investigation or prosecution. A law enforcement authority, such as police, prosecutors, or judges, have to sign a certification in order for the person to apply for a U visa. If granted, a U visa provides work authorization and protection from removal for four years, and the person can apply for residency after three years. Unlike the T visa, there is no provision to apply early for the green card. Under current policy, people with bona fide applications can obtain work authorization while their application is pending.
It is extremely important for the work authorization to be granted while the U visa application is pending, because the wait list for a U visa is enormous. Congress capped U visa grants at 10,000 people per year. There is currently a wait list of 238,892 applications. That means a person applying today can expect a wait of over 23 years to have their application granted. The T visa has a cap of 5,000 per year, but it has never been reached. However, there has been an increase in applications every year, which means that at some point the cap will start being reached.
While both programs provide humanitarian protection to people in need, the programs serve another purpose: to support law enforcement. Lack of immigration status and fear of removal often keep people from reporting crimes. Traffickers, abusers, and other offenders often use that fear to keep people victimized. Fear of removal can cause people to fear police, and programs like this encourage people to come forward and report crimes, because law enforcement has the ability to help them stay safely in the United States.
These programs were highlighted by Project 2025, and we expect to see attempts to repeal the legislation creating the programs. While those attempts move through Congress, we expect to see attempts to limit eligibility for the program and to make the application process even more difficult.