Rising Demand for T-Visas Despite Growing Obstacles
A significant surge in applications for T visas, a crucial yet often overlooked option for trafficked immigrants, is occurring even as the threat of deportation and delays in processing intensify.
The T visa, officially known as T nonimmigrant status, offers a path for those subjected to severe trafficking to stay in the U.S. for a period of up to four years, contingent on their cooperation with law enforcement against traffickers. Successful candidates can not only gain employment legally but also access state and federal benefits, plus they can seek permanent residency after three years or sooner if the related criminal proceedings conclude.
According to Julie Dahlstrom, who leads the Human Trafficking Clinic at Boston University, the increase in T visa applications might be linked to heightened awareness and broader legal interpretations of trafficking. Additionally, dwindling alternatives for immigrant relief contribute to this trend.
The introduction of the T visa in 2000 was part of the broader Victims of Trafficking and Violence Protection Act. This legislation aimed to aid law enforcement in tackling trafficking crimes while offering protection to victims. It also established the U visa for victims of severe crimes such as domestic violence, where applicants must assist authorities in related investigations.
While many could qualify for both T and U visas, the protracted wait for U visas—which now exceeds two decades—has prompted both legal advisers and survivors to pursue T visa applications more aggressively, especially amidst increased barriers to asylum and special juvenile immigrant status that came into play during the Trump era.
In mid-2024, the USCIS implemented a new direction called bona fide determination, which allowed T visa applicants to access benefits earlier while their cases await approval. This development also lowered their priority for potential deportation.
Erika Gonzalez, who oversees training and technical assistance at the Coalition to Abolish Slavery & Trafficking, mentions that although previously stipulated in law, these benefits were unavailable due to the swift processing of applications.
The new formal process coincides with a notable increase in application filings, Gonzalez points out.
Although the number of T visas granted rose to over 3,000 last year, it still falls short of the set annual limit of 5,000.
However, the time required for processing these visas has surged, climbing from an average of around six months in 2014 to nearly 20 months currently.
Meanwhile, the denial rates for these visas have shown variability.
Dahlstrom observed an uptick in denials under the previous Trump administration, with more positive outcomes under Biden.
Should a T visa application be denied, the person is left open to deportation, especially since 2018 when USCIS began initiating removal proceedings following denial with a Notice to Appear.
USCIS was shown, through data acquired by Freedom of Information Act requests, to have issued 236 Notices to Appear from 2019 to 2021. Although President Biden rolled back this policy by executive order in early 2021, USCIS released new guidance last February enhancing their criteria to issue such notices again.
These adjustments, along with closer collaboration between law enforcement and immigration agencies, have led to increased apprehension among T visa applicants, as Dahlstrom elaborated.
The current landscape impacts both real-time engagement with law enforcement and situations where deportation threats loom large due to increased partnerships with ICE,
Within the fiscal year 2025, USCIS has so far approved 1,035 T visas while denying 693, indicating a concerning trend as applications continue to mount.
Should this pattern persist, legal and advocacy experts like Dahlstrom fear not just rising denials, but also bottlenecks in case processing which threaten the efficacy of these statutory protections.
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