
Legal Protections for Non-Immigrants Against Human Trafficking
The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have issued a final rule to strengthen the T nonimmigrant status (T visa). This rule ensures that eligible victims of human trafficking can get protections and benefits quickly.
A T visa allows certain victims of human trafficking to stay in the United States for up to four years.
Key Goals of the New Rule
According to USCIS Director Ur M. Jaddou, the rule is designed to be more victim-centered. It aims to protect victims as Congress intended.
The new rule clarifies T nonimmigrant status eligibility and application requirements. It also helps USCIS officers review applications more efficiently.
- Reduces Barriers: The rule includes provisions to help victims overcome obstacles in the application process.
- Clarifies Definitions: It updates and clarifies definitions for terms like “serious harm” and “law enforcement agency.” This ensures consistency with the Trafficking Victims Protection Act of 2000.
- Improves Efficiency: The rule clarifies reporting and evidence requirements. This reduces the need for USCIS to request additional information.
- Simplifies the Process: The rule simplifies the “bona fide determination” and adjudication process while keeping fraud prevention measures in place.
What Is Human Trafficking?
Human trafficking is a crime where traffickers use force, fraud, or threats to make people perform labor or services. This includes commercial sex. Traffickers often target vulnerable individuals, such as those without legal immigration status.
The T visa program protects victims. It also helps law enforcement agencies find, investigate, and prosecute human trafficking crimes.
The new rule also makes it easier for law enforcement to act on trafficking reports. It requires victims to report instances of trafficking to the correct law enforcement agency.
