T Visas: A Lifeline for Trafficking Survivors Sees Surge in Applications Amidst Delays & Deportation Fears
Washington D.C. – A critical, yet often overlooked, pathway to safety for victims of human trafficking – the T visa – is experiencing a dramatic increase in applications. This surge comes despite escalating processing times and ongoing concerns about potential deportation, highlighting a desperate need for support and efficient processing of these vital cases.
What is a T Visa?
The T visa,officially known as T nonimmigrant status,offers a temporary reprieve - up to four years – to individuals who have survived severe forms of human trafficking and are willing to assist law enforcement in the investigation and prosecution of their traffickers. Approved applicants gain the right to work in the U.S., access certain state and federal benefits, and, crucially, can apply for a green card after three years on the visa, or even sooner if the related criminal case concludes.
Why the Sudden Increase?
Several factors are driving the rise in T visa applications,according to experts.
Growing Awareness: Increased public and legal awareness of the visa’s existence is leading more survivors to seek protection. Expanding Definitions of Trafficking: Courts are broadening their understanding of what constitutes human trafficking, perhaps making more individuals eligible.
Limited Alternatives: with increasing barriers to other forms of immigration relief – like asylum and special immigrant juvenile status – the T visa is becoming a more attractive, and sometimes the onyl, viable option.
“Many [applicants] are eligible for the U visa as well, but they’re taking now over 20 years for an individual to get access… so I think that has influenced lawyers and survivors, if they are eligible for the T visa… to go ahead and also file T visa applications,” explains Julie Dahlstrom, founder and director of the Human Trafficking Clinic at boston University.She notes the Trump governance’s policies further restricted access to other pathways, exacerbating the trend.
Recent USCIS Updates Offer Hope,But Challenges Remain
In august 2024,U.S. Citizenship and Immigration Services (USCIS) implemented a new “bona fide determination” process. This allows survivors to access benefits while their application is pending, and provides deferred action, effectively lowering their priority for deportation proceedings.
Erika Gonzalez, training and technical assistance managing attorney from the Coalition to Abolish Slavery & Trafficking, explains this change was long overdue. “They have updated the [bona fide determination] process to now have a formal process to engage with, and it does parallel with the sharp increases in filing.” while the statute allowing early benefit access existed previously, it wasn’t actively implemented due to faster processing times. That is no longer the case.
Approvals Rise, But Backlogs Grow
Last year saw a record-breaking number of T visa approvals – exceeding 3,000 for the first time. However, this number still falls short of the annual 5,000 visa cap.
The increased demand is also taking a toll on processing times. The median wait time has ballooned from 5.9 months in 2014 to nearly 20 months* in the current fiscal year. This delay can leave survivors in a precarious legal situation,vulnerable to deportation while awaiting a decision.
The Bigger Picture
The T visa, created in 2000 as part of the Victims of Trafficking and Violence Protection Act, was designed to concurrently aid law enforcement and protect those exploited by traffickers. It exists alongside the U visa, which offers similar protections to victims of other serious crimes.The recent surge in T visa applications underscores the ongoing prevalence of human trafficking and the critical need for continued support for survivors.Addressing the growing backlog and ensuring timely processing of these applications is paramount to fulfilling the promise of this vital program.
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