Improving Humanitarian Immigration Systems' Resilience in the Wake of the NTA Memo

Background and Purpose: The U.S. Citizenship and Immigration Services Policy Memorandum from June 2018 generally referred to as the “NTA Memo” fundamentally changed the U.S. approach to denied applicants of humanitarian immigration benefits for victims of crimes (including T Visas, U Visas, and VAWA). Beginning a process of routinely referring denied applicants to removal proceedings rather than confidentially closing their cases, the NTA memo was a dramatic shift for lawyers and service providers working with survivors of human trafficking. This study, published in the Journal of Human Trafficking (Soltani et al., 2023), sought to explore the impact of the NTA Memo on the humanitarian immigration system in the U.S. Research questions included: 1) How did the NTA Memo affect immigration processes on a mechanical level; 2) How did the NTA Memo impact immigration attorneys’ and social service providers’ efficacy in assisting survivors of trafficking with T Visa applications; and 3) What are the long-term impacts for the humanitarian immigration system and lessons learned from this policy now that it has been rescinded?

Methods: Researchers approached their analysis using a theoretical framework of systems resilience. Key informant interviews were conducted with “policy agents”: immigration attorneys and social service providers in the Upper Midwest who worked with trafficking survivors pursuing T nonimmigrant status (T Visas) while NTA Memo was in effect. Questions probed policy agents’ perspectives on how the NTA Memo affected their work with trafficking survivors as well as long-term impacts of the NTA Memo. Interviews were audio recorded and transcribed, then coded inductively. Overarching themes were identified and validated during multiple team data sessions. The trustworthiness of resultant findings is strengthened through rigorous triangulation and member checking with participants.

Results: Qualitative findings indicated that since enacted, the NTA Memo has worn down the humanitarian immigration system, causing lasting harm to the anti- human trafficking movement. Not only did policy agents report increased fear among their clients related to applying for the humanitarian protections while the NTA Memo was in effect, but even after the NTA Memo was lifted in 2021, fear and distrust of the system remained a salient factor reported by policy agents. The authors offer a “policy storm” as a novel conceptualization and informative metaphor for the unprecedented mechanism through which the NTA Memo undercut the humanitarian immigration system in the U.S.

Conclusions and Implications: These findings demonstrate the importance of codifying confidentiality protections into law for survivors of crimes who are denied humanitarian immigration benefits, among other policy opportunities to repair the harm caused by the NTA Memo. On a broader level, this research highlights the vulnerability of the humanitarian immigration system to politically driven “policy storms”. Crucial investments for improving immigration systems resilience to political stressors are necessary to democratize justice for survivors of trafficking.

Citation:

Soltani, L. J., Carlson, W. C., & Suleiman, J. (2023). “Everything From That Era Was Kind of a Blur”: Improving Humanitarian Immigration System’s Resilience in the Wake of the NTA Memo. Journal of Human Trafficking, DOI: 10.1080/23322705.2023.2171674