A Trauma-Informed Analysis of the T Nonimmigrant Status (T Visa) Program

Background and Purpose: Foreign nationals in the US are disproportionately impacted by human trafficking. Of the 10,359 reports of trafficking situations received by the National Human Trafficking Hotline, 20% involved a foreign national victim compared to 4% involving a citizen or legal permanent resident. Established through the Trafficking Victims Protection Act of 2000, the T Nonimmigrant Status (T Visa) program aims to provide foreign national victims of human trafficking with temporary legal status to live and work in the US. However, there is limited research examining the utilization of the T Visa program. Thus, using a trauma-informed social policy framework, the aim of this study is to examine the T Visa program and its users; and based on the analysis, pose recommendations to make the program more trauma informed.

Methods: We conducted a policy document analysis of the T Visa program as outlined by U.S. Citizenship and Immigration Services (USCIS) and the Characteristics of T Nonimmigrant Status (T Visa) Applicants Fact Sheet years 2008-2021. The program’s eligibility requirements and applicant characteristics were analyzed using the trauma-informed care (TIC) principles of safety, trustworthiness and transparency, collaboration, empowerment, choice, and intersectionality.

Results: We found that the T Visa program is underutilized by two primary groups: USCIS and law enforcement agencies. USCIS granted less than 15% (n = 8,550) of the 65,000 available T visas, while law enforcement agencies provided a declaration for only 16% (n = 1,390) of approved principal applicants. The core principles of the trauma-informed social policy framework further revealed that current policies and practices of the T Visa program perpetuate oppression. Considering the TIC principle of safety, the program’s eligibility requirements must aim to prevent re-traumatization of victims. In the application process, however, applicants must submit a personal statement detailing their experiences as a victim of trafficking. By requiring applicants to provide a statement detailing their trafficking experiences, the application process causes further trauma. Furthermore, applicants are required to comply with law enforcement for assistance in the investigation or prosecution of human trafficking. According to the Trafficking in Persons Report (2022), trafficking victims have disclosed being arrested, threatened, prosecuted, and convicted in their encounters with law enforcement. To facilitate trauma-informed practices and address the underutilization of the T Visa program, we recommend USCIS discontinue requiring victims to submit personal statements and assist law enforcement agencies in order to gain temporary legal status to remain safe.

Conclusions and Implications: Our findings highlight the importance of examining immigration relief programs through a trauma-informed social policy framework. Human trafficking is unequally structured throughout society and disproportionately impacts marginalized populations, including those seeking immigration relief in the US. In order to truly protect foreign national victims of human trafficking, the US must examine how the eligibility requirements of the T Visa program perpetuate trauma and oppression.