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Overall Description of Deadline: Public Law 109-162, Violence Against Women and Department of Justice Reauthorization Act of 2005

Statement of Need: This rule is necessary to establish the procedure for an eligible alien to obtain temporary immigration benefits as a victim of certain qualifying criminal activity while providing assistance to law enforcement officials at the Federal, State, and local levels investigating and prosecuting these crimes.

Summary of the Legal Basis: Public Law 106-386, Victims of Trafficking and Violence Protection Act of 2000; Public Law 109-162, Violence Against Women and Department of Justice Reauthorization Act.

Alternatives: None.

Anticipated Costs and Benefits: While there is no precise formula for determining anticipated costs, there have been and will be additional costs for adjudicating benefits and investigating claims, particularly those deemed fraudulent. Also, there are training costs for DHS staff. The U nonimmigrant classification allows victims of certain qualifying criminal activity to remain in the United States past the time of their assistance to law enforcement if their presence in the United States is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest. There may be applications that will not be approved for a variety of reasons, including failure to meet the basic U nonimmigrant status eligibility requirements. All applications will be reviewed and some will require investigation to determine whether they are fraudulent. The anticipated benefits of these expenditures include: Assistance to victims of criminal activity and their families, and an increase in the number of cases brought forward for investigation and prosecution (and possible deportation) of the perpetrators of the criminal activity.

Risks: Risks associated with the implementation of the congressionally mandated new nonimmigrant classification include: --increased workload for adjudicators and investigators, which may impact overall efficiency and productivity; and --increases in fraudulent applications/claims of such victimization in order to obtain U nonimmigrant status.