PHOTO: Mayor de Blasio this week announced that the City Commission on Human Rights is now accepting requests for U and T visa certifications, making it the first and only anti-discrimination agency in a major U.S. city to provide the certification. Photo Courtesy of Immihelp.com
By Forum Staff
The City Commission on Human Rights is now accepting requests for U and T visa certifications, making it the first and only anti-discrimination agency in a major U.S. city to provide the certification, according to Mayor Bill de Blasio and CCHR Chairwoman Carmelyn Malalis, who made the announcement on Tuesday.
The U visa allows undocumented immigrant victims of crime to temporarily remain in the U.S. for up to four years while assisting law enforcement in investigations and prosecutions, and provides them with a chance to legally work, integrate into their communities and get on a pathway to lawful permanent residence. The T visa, which applies only to undocumented immigrants who have been trafficked into the U.S., allows victims to remain in the country for up to three years to assist in the investigations or prosecutions of trafficking crimes, and also provides a pathway to lawful permanent residence. Certification by a law enforcement agency is the first step in the visa process; applicants must submit their certification to the United States Citizenship and Immigration Services for approval to receive a visa.
According to USCIS, crimes that qualify for U visa certification include rape, torture, trafficking, incest, stalking, domestic violence, sexual assault, abusive sexual contact, prostitution, extortion and sexual exploitation, among others. The list of qualifying crimes is not exclusive and includes similar criminal activity depending on the jurisdiction. Crimes that qualify for T visa certification are limited to sex trafficking and labor trafficking.
Roughly 11 million undocumented immigrants live in the United States; 535,000 call the five boroughs home. Due to their undocumented status, many immigrants do not report crimes such as domestic violence, sexual assault and human trafficking for fear of deportation. Congress created both the U and T visas in 2000 as part of the Victims of Trafficking and Violence Protection Act to encourage undocumented immigrants to come forward and report crimes, and to aid law enforcement in investigations and prosecutions of criminal activity.
“Immigrant New Yorkers should never have to fear negative immigration consequences for reporting crimes committed against them, especially survivors of human trafficking,” said City Council Speaker Melissa Mark-Viverito. “Any expansion of U and T visa certifiers is a welcome addition that will give immigrant survivors of crime and human trafficking increased opportunity to come forward and obtain justice. Last year, the Council created a new initiative to provide services to human trafficking survivors in court, and we will continue to work with our partners in government to better serve them. With this announcement, our city is once again leading the nation in creating more compassionate and sensible immigration policy.”
City Councilwoman Elizabeth Crowley (D-Glendale) added, “Human trafficking is a real issue faced by many, especially in the borough of Queens. It is important to prioritize the safety of all New Yorkers, and also to give every victim the opportunity to come forward and help with police investigations. I applaud the Mayor and the Commission on Human Rights for their commitment to ending this injustice and abuse.”
