Posted: 12:24 am EDT
Congress passed the Victims of Trafficking and Violence Protection Act (VTVPA) of 2000 (Pub. L. 106-386). Among other provisions, the Act created the T nonimmigrant status (T visa) to provide temporary immigration benefits to foreign nationals and aliens who are victims of severe forms of trafficking in persons. To be eligible for a T visa, victims must (a) be in the United States on account of trafficking; (b) face extreme hardship involving unusual and severe harm if removed; and (c) with two exceptions, comply with reasonable requests for assistance from law enforcement in the investigation or prosecution of the acts of trafficking.
USCIS data on trafficking victims were limited to foreign national victims who had applied for T or U nonimmigrant status. This included individuals who had entered the United States legally as visitors, temporary workers, or others without lawful status.8 According to USCIS data, fewer than 1,000 foreign national victims applied for T visas each year from 2005 to 2014. Figure 3 shows a steady increase in T visa applications for this timeframe. However, this number remains small in comparison with the estimated hundreds of thousands of human trafficking victims in the United States, and is far below the 5,000 T visas that Congress sets aside for human trafficking victims every year.
As depicted in table 1, our analysis of USCIS data from October 1, 2005, through September 2, 2014, showed that 3 percent of T visa applicants were minors while 61 percent were between 30 and 49 years old. T visa applicants were evenly divided by marital status and almost equally divided in terms of gender. Further, 41 percent of T visa applicants were from three Asian countries. The Philippines had the highest number of applicants (20 percent), followed by Mexico with 16 percent. Most T visa applicants did not report the method by which they entered the United States, although 10 percent self- reported they had no lawful status at the time of application. While the information pertains only to those victims who applied for T visa status, it does shed some light on the characteristics of foreign national victims and their origins, and could be useful in identifying human trafficking activity.