There are two types of human trafficking: sex trafficking and labor trafficking. When a commercial sex act is forced, obtained by fraud, or coerced, or when the individual is encouraged to do such an act and is under the age of 18, this is called sex trafficking. Labor trafficking is also common with H2A visas (agricultural) and H2B visas (temporary). A victim may not be paid for his or her work or may not be allowed to leave until additional payments for their travel are made. Traffickers often take advantage of vulnerable individuals, including those lacking lawful immigration status.
According to U.S. Citizenships and Immigration Services (USCIS), a T-Visa provides immigration status to noncitizen human trafficking victims, and allows them to remain in the United States to assist in the detection, investigation, or prosecution of acts of trafficking. A victim may be eligible for permanent residence after receiving a T-Visa if they have been physically present in the United States continuously for three years after being lawfully admitted as a T nonimmigrant for the first time, or if they have been physically present in the United States continuously during the investigation or prosecution of trafficking, and the investigation or prosecution has a been completed. Furthermore, the government may provide T-Visas to close relatives of victims of human trafficking. Nonimmigrant status is typically given for four years.
The goals of the T-Visa are to end modern-day slavery and stop traffickers from exploiting people who are without legal immigration status. However, human trafficking cannot be stopped, and victims cannot be helped, if they are afraid to report their abuse for fear of being deported or thrown into jailed. Mexico, the Philippines, India, Honduras, Guatemala, and Thailand comprise the top six countries of birth for T-nonimmigrants. Persons born in these six countries account for 71% of all T-nonimmigrants.
A social worker at Boston Medical Center told this reporter that the victims of labor trafficking often can’t speak English and are totally dependent on their employers for housing, food, transportation and healthcare. One of her patients told her that her employer paid for her airfare and that she agreed to pay him back by working for free for six months….but she has been working as a house cleaner and babysitter for three years without pay. The patient also said that she knows no one in Boston, and cannot ask for help because she does not speak English and does not know who to trust.
Although T- nonimmigrant status aims to help victims of human trafficking, there are some obstacles that applicants face when obtaining the visa. Processing times can be lengthy and expose survivors who lack legal status, or expose those whose time-limited support assistance has expired. The current processing time is 17.5 to 36.5 months for a T-Visa application The 5,000 visa annual cap has yet to be met, yet it takes at least two years for most cases to be adjudicated. For example, in the year 2021, the number of new applications received and entered into a case-tracking system during the reporting period was 1,702, and the approved cases during the year was 829, while 2,299 are still pending. In June 2022, there were 5,085 applicants stuck in pending status. Advocacy groups note that adjudicators continue to request additional evidence, and to inappropriately deny T nonimmigrant status. Such denials can be based on illegal acts that traffickers forced their victims to commit, improperly interpreted statutes and regulations, or narrow interpretations of the physical presence requirement. A USCIS report shows that the among 1,100 applications, 778 were rejected in fiscal year 2021.
Survivors of human trafficking are suffering food and shelter insecurity, and post-traumatic stress. To stay in this country and survive, they need to obtain work authorization. Some government-funded, nonprofit institutions are helping survivors during the application process. However, the help is limited and ineffective to some extent, while the demand is multiplying. T-nonimmigrant status processing should be improved, according to advocates, by adding more employees and simplifying forms.
Advocates observe that survivors of human trafficking continue to be afraid of reporting their cases to government officials, to pursue immigration alternatives, or seek treatment. Some trafficking survivors have been kept in immigration detention centers. The government does not offer enough resources for labor trafficking survivors: boys, and men, LGBTQI+ people, survivors battling with addiction, those with low English proficiency, children who had outgrown programs, and individuals who do not want to engage in the criminal justice system.
The restricted time to file the application form also causes problems. Some victims are traumatized, so they struggle to find the resources to obtain a T visa, or the application deadline expires after they finally find the resources.
In the end, if you think you are a victim of human trafficking, the following agencies will help you decide what you can do in your situation and refer you to law enforcement in a safe manner: The Department of Justice’s Civil Rights Division can be reached at 1-888-428-7581; and the National Human Trafficking Resource Center’s Hotline can be reached by contacting 1-888-373-7888 or by text messaging 233733, which corresponds to the letters BeFree on your phone.
