ABSTRACT

It is estimated that between 600,000 and 2 million people are trafficked internationally each year, and as many as 50,000 individuals are brought to the United States as victims of human traffickers each year (S. T. Green 2008). In 2000, the federal government, in an effort to address the problem, passed the Victims of Trafficking and Violence Protection Act. Among other elements, the Act created T visas. This type of visa allows the trafficked victim to stay in the United States, and even bring family members into the country, if he or she “cooperated fully” with law enforcement in prosecuting the traffickers. Today, 9 years later, only about 1,300 T visas have been granted, even though the enabling legislation allows immigration officials to grant 5,000 each year. Furthermore, many victims who obtained T visas are well past the 4-year expiration date and now exist in immigration limbo. The intent was for victims to be able to apply for permanent residency after 3 years, but it was not until 2009 that policies were finally approved as to the procedures for T visa holders at the end of the 3-year time period. Perhaps the implementation problems that seem to exist with T visas are partially due to the lack of clarity in the original purpose of the visa itself: Whereas to some T visas are a humanitarian response to the problems of the trafficked victim, to others they are primarily a prosecutorial tool to help stop and punish traffickers.