Mayor Bill de Blasio yesterday announced that the City will become the first major city in the country to issue special visas to undocumented immigrants who are victims of crime and human trafficking, and who will be provided with a pathway to legal permanent residence.
Roughly 11.3 million undocumented immigrants live in the United States, 535,000 of whom call New York City 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.
The issuing City agencies authorized to certify the visas include the Commission on Human Rights, the NYPD, each borough District Attorney’s Offices, NYC Law Department, Administration for Children’s Services and HRA’s Adult Protection Services.
For example, in the course of investigating discrimination complaints in housing, employment and public accommodations, the Human Rights Commission may discover criminal activity that could qualify victims for a U or T visa. This includes undocumented immigrants that face sexual harassment in the workplace that involves sexual assault, a landlord harassing a tenant to vacate the building by threatening to report them to the police (extortion), or an employer exploiting a worker under threat of deportation or other harm (trafficking).
“All New Yorkers deserve fair, equal and just protection under the law,” said de Blasio. “We must stand up for the rights of all our brothers and sisters, and make our city safer by encouraging collaboration and engendering trust between the police and community. I’m proud to announce that the NYC Commission on Human Rights will begin issuing U and T visa certifications – leading other organizations of its kind around the country in supporting undocumented immigrant victims of crime and helping to bring perpetrators to justice.”
Providing New Yorkers with greater access to U and T visa certifications is the de Blasio Administration’s most recent effort to protect and strengthen its immigrant communities while making the city safer by encouraging undocumented immigrants to report crimes that have often gone unreported due to fear of deportation.
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 United States, allows victims to remain in the U.S. 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.
The initiative also drew the support of Brooklyn lawmakers including Northern and Central Congresswoman Nydia M. Velázquez and Brooklyn Borough President Eric Adams.
“Our city has always been celebrated for opening its arms to immigrants from around the world, particularly those who are most vulnerable. As One Brooklyn, we share a responsibility to protect every member of our community, and the work by Commissioner Malalis and the New York City Commission on Human Rights to assist undocumented victims of crime and human trafficking is critical to that mission. I applaud this commitment by Mayor de Blasio and his administration to human rights and justice for all,” said Adams.
