Human trafficking, also known as trafficking in persons, is modern-day slavery. 1 It is the third largest and fastest growing criminal industry in the world, victimizing millions of people and reaping billions in profits. Trafficking is considered one of the most urgent human rights issues in the world today.
The new U.S. "T" visa program for victims of trafficking establishes a procedure for attaining permanent residency status for certain trafficking victims who cooperate with law enforcement agencies to prosecute those responsible for their enslavement. 2 On January 24, 2002, the Attorney General of the United States of America signed a regulation that created the "T" visa. Its creation is a further step in implementing the Trafficking of Victims Protection Act of 2000. The statute allows victims to remain in the United States of America if it is determined that such victims could suffer "extreme hardship involving unusual and severe harm" if they are returned to their home countries. After three years under this status, human trafficking victims may apply for permanent residency status in the United States of America. In addition the regulation will allow some victims to apply for non-immigrant status for their spouses and children. Victims under the age of 21 could apply for non-immigration status for their parents.
Although Trafficking Act broadened eligible services and legal status for survivors, it is not victim-centered. 3 The requirements for the T-visa eligibilities are as follows:
Is or has been a victim of a severe form of trafficking in persons
Is physically present in the United States
Has complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking
The alien would suffer extreme hardship involving unusual and severe harm upon removal
(8 U.S.C. 1101(a)(15)(T)(2001))
T-visas were only given to trafficking survivors who experienced "severe forms of trafficking," and all survivors older than 15 years had to cooperate with the federal law enforcement in investigating processes. The standard for 'severe form of human trafficking' is unclear as well as restrictive. The survivor may have been extremely traumatized due to human trafficking; however if the law enforcement decides that the case is not 'severe enough,' the survivor is not eligible for any social services. Also, trafficked victims and their families may be subject to further abuse or harm if the previous traffickers become aware of the victims' cooperation with the investigation. In addition, victims who complied with investigation process could be deported if the officials determined that the victims would not experience "extreme hardship" upon removal. This can put victims in extremely vulnerable position because not all harms by traffickers and their associates are visible or predictable. On December 19th, 2003, President Bush passed a new law that makes it easier for victims to cooperate with the federal and state law enforcement in investigation processes. However, many nongovernmental advocates are still apprehensive about the law due to that fact that it may further harm already vulnerable victims (Hidden Slaves, 61).
- Thank you to Dawa Pak, NYC FHTG member and student, for contributing to this article.
- "Human Trafficking 101", Polaris Project, http://www.humantrafficking.com/humantrafficking/trafficking_ht3/what_is_ht.htm
- "Humantrafficking.org": http://www.humantrafficking.org/countries/eap/united_states/govt/tvisas.html
- Dawa Pak, Advocacy Paper, Columbia University
Return to Home Page