Photo: Department of Homeland Security
NEW YORK – Certain victims of human trafficking (with T nonimmigrant status) can remain in the US for an initial period of up to four years, the Department of Homeland Security and US Citizenship and Immigration Services (USCIS) has announced in its final rule.
USCIS said that T’s nonimmigrant status offers protection to victims and strengthens law enforcement agencies’ ability to detect, investigate, and prosecute human trafficking. This final rule clarifies T nonimmigrant status eligibility and application requirements and includes provisions to reduce potential barriers to victims and enable USCIS officers to adjudicate victims’ applications more efficiently.
The final rule also improves the program’s integrity by clarifying the reporting and evidentiary requirements for victims of trafficking, which will better help law enforcement act on reports of trafficking.
“We are dedicated to protecting victims of human trafficking and minimizing any potential barriers to assistance,” said USCIS Director Ur M. Jaddou. “This final rule has been many years in the making, and I am thrilled the T visa program now has a firm regulatory framework to support it. Ultimately, this makes our approach more victim-centered and strengthens the integrity of the T visa application process so the program better protects victims, as Congress intended.”
According to the USCIS, human trafficking, also known as trafficking in persons, is a crime in which traffickers use force, fraud, or coercion to compel individuals to provide labor or services, including commercial sex. Traffickers often take advantage of vulnerable individuals, including those lacking lawful immigration status. In some cases, people who are smuggled into the United States may become victims of human trafficking or exploitation during their journeys or upon reaching their destination.
DHS said it is committed to protecting communities from an increased threat of human trafficking through solid border enforcement and enhanced consequences for those who do not avail themselves of the many expanded lawful pathways.
USCIS said the final rule strengthens law enforcement agencies’ ability to detect, investigate, and prosecute human trafficking. It also clarifies T nonimmigrant status eligibility and application requirements and includes provisions to reduce potential barriers to victims and enable USCIS to adjudicate victims’ applications more efficiently.
In addition, the final rule improves the program’s integrity by clarifying the reporting and evidentiary requirements for trafficking victims, which will better help law enforcement respond to reports of trafficking.
Key elements of the final rule include:
-Updating and clarifying definitions – including serious harm, abuse, and law enforcement agency – to ensure consistency and standards as described in the Trafficking Victims Protection Act of 2000, as amended;
-Improving program efficiency by clarifying reporting and evidentiary requirements at the outset to decrease requests for additional evidence;
-Streamlining law enforcement agencies’ ability to act on reports of trafficking by requiring victims to report instances of trafficking to the correct law enforcement of jurisdiction and
-Simplifying the bona fide determination and adjudication process while continuing to uphold fraud prevention measures.
According to DHS, it is on the frontlines of combating human trafficking, protecting the country, and collaborating with its partners to stop these crimes. Launched in 2020, the DHS Center for Countering Human Trafficking coordinates the efforts of 16 DHS offices and components to combat human trafficking through law enforcement operations, victim protection and support, intelligence and analysis, and public education and training programs. Through the Blue Campaign, the DHS Center for Countering Human Trafficking leads the Department’s national public awareness effort to combat human trafficking.
DHS added that its ongoing efforts to address online child sexual exploitation and abuse come after the Department’s Quadrennial Homeland Security Review added combating crimes of exploitation and protecting victims as a sixth mission area in April 2023.
