WASHINGTON —The Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) today announced a final rule to strengthen the integrity of T nonimmigrant status (T visa) and ensure that victims of human trafficking can access stabilizing protections and benefits in a timely manner. T nonimmigrant status allows certain victims of a severe form of human trafficking to remain in the United States for an initial period of up to four years.
“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 pleased that the T visa program now has a strong regulatory framework to support it. “This ultimately makes our approach more victim-centered and strengthens the integrity of the T visa application process so that the program better protects victims as Congress intended.”
Human trafficking, also known as “trafficking,” is a crime in which traffickers use force, fraud, or coercion to force people to provide work or services, including commercial sex. Traffickers often prey on vulnerable people, including those who lack legal immigration status. In some cases, people who are smuggled into the United States may become victims of human trafficking or exploitation during their travels or upon reaching their destination. DHS is committed to protecting communities from the increased threat of human trafficking through strict border enforcement and increased consequences for those who do not adhere to the many expanded legal avenues.
T nonimmigrant status offers protection to victims and strengthens the ability of law enforcement agencies to detect, investigate, and prosecute human trafficking.
This final rule clarifies eligibility for T nonimmigrant status and the requirements to apply for it, and includes provisions to reduce potential barriers for victims and allows USCIS officers to adjudicate victims' applications more efficiently. The final rule also improves the integrity of the program by clarifying reporting and evidentiary requirements for trafficking victims, which will better assist law enforcement in acting on trafficking reports.
Key elements of the final rule include:
- Update and clarify definitions, including serious harm, abuse, and law enforcement agency, to ensure consistency and standards, as outlined in the Human Trafficking Victims Protection Act of 2000, as amended;
- Improve program efficiency by clarifying reporting and testing requirements up front to decrease requests for additional testing;
- Centralize the ability of law enforcement agencies to act on trafficking complaints by requiring victims to report trafficking cases to the correct police jurisdiction; and
- Simplify the good faith determination and adjudication process, while maintaining fraud prevention measures.
In 2016, the Department of Homeland Security (DHS) published an interim rule to respond to public comments on the T visa program, clarify requirements based on statutory changes, formalize experience gained from operating the program for more than 14 years and amend the provisions as required by the legislation filed. In July 2021, DHS reopened the public comment period for this interim rule for 30 days and subsequently extended the comment period. This final rule adopts the changes effective from the 2016 interim rule, makes clarifications to the existing governing rule framework, and substantially addresses public comments received.
DHS is on the front lines of the fight against human trafficking, protecting the country and working with our partners to stop these crimes. Launched in 2020, the DHS Center to Combat 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 information programs. Through the Blue Campaign (Blue Campaign), DHS's Center to Counter Human Trafficking leads the department's national public awareness effort to combat human trafficking. DHS's continued efforts to address online child sexual exploitation and abuse come after the Department of Homeland Security's Quadrennial Homeland Security Review added combating exploitative crimes and protecting victims as a sixth area of its mission in April 2023. Learn more about recent DHS efforts to combat child exploitation and abuse.