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Statement of Need: T nonimmigrant status is available to eligible victims of severe forms of trafficking in persons who: (1) are victims of a severe form of trafficking in persons (defined by section 103 of the TVPA), (2) are physically present in the United States, American Samoa, Commonwealth of the Northern Mariana Islands, or at a port of entry, on account of trafficking (including the alien having been allowed entry into the United States for participation in investigative or judicial processes associated with an act or perpetrator of trafficking), (3) have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking in persons (or are under 18 years of age or are unable to cooperate due to physical or psychological trauma), and (4) would suffer extreme hardship involving unusual and severe harm if removed from the United States. This rule addresses the essential elements that must be demonstrated for classification as a T nonimmigrant alien and implements statutory amendments to these elements, streamlines the procedures to be followed by applicants to apply for T nonimmigrant status, and evidentiary guidance to assist in the application process.

Summary of the Legal Basis: Section 107(e) of the Trafficking Victims Protection Act (TVPA), Public Law 106-386, as amended, established the T classification to provide immigration relief for certain eligible victims of severe forms of trafficking in persons who assist law enforcement authorities in investigating and prosecuting the perpetrators of these crimes.

Alternatives: To provide victims with immigration benefits and services, keeping in mind the purpose of the T visa also being a law enforcement tool, DHS is considering and using suggestions from stakeholders in developing this regulation. These suggestions came in the form of public comment to the 2002 interim final rule as well as from over ten years of experience with the T nonimmigrant status program, including regular meetings with stakeholders and regular outreach events.

Anticipated Costs and Benefits: Applicants for T nonimmigrant status do not pay application or biometric fees. The anticipated benefits of these expenditures include: Assistance to trafficked victims and their families, prosecution of traffickers in persons, and the elimination of abuses caused by trafficking activities. Benefits which may be attributed to the implementation of this rule are expected to be: (1) An increase in the number of cases brought forward for investigation and/or prosecution; (2) Heightened awareness by the law enforcement community of trafficking in persons; and (3) Streamlining the application process for victims.

Risks: There is a 5,000-person limit to the number of individuals who can be granted T-1 status per fiscal year. Eligible applicants who are not granted T-1 status due solely to the numerical limit will be placed on a waiting list maintained by U.S. Citizenship and Immigration Services (USCIS). To protect T-1 applicants and their families, USCIS will use various means to prevent the removal of T-1 applicants on the waiting list, and their family members who are eligible for derivative T status, including its existing authority to grant deferred action, parole, and stays of removal.