In the United States, both U.S. citizens and noncitizens¹ (referred to as aliens in immigration law) may be victims of crime. Crime victims may be hesitant to report victimization for a variety of reasons, including, but not limited to, fear of reprisal, a belief that police would not or could not do anything to help, and a belief that the crime is a personal matter or too trivial to report.² Additionally, some noncitizens may be reluctant to report criminal victimization to the police for reasons related to their immigration status. For example, a noncitizen may be hesitant to report incidences of domestic violence when the noncitizen victim's immigration status is tied to their abuser. Some noncitizen crime victims may be unauthorized immigrants who do not have a lawful immigration status, and as a result may be hesitant to seek out law enforcement for fear of removal (deportation).³ To encourage noncitizen victims to reach out to police and to help provide relief to these victims, federal law provides for specific protections from removal that may be available to them.

In legislating and conducting oversight on programs offering immigration relief for crime victims, policymakers may seek available data on noncitizen crime victimization as well as information on how existing forms of relief are utilized. This report outlines the immigration statuses for which noncitizen victims may be eligible, their eligibility requirements, issuance data, and benefits provided by such statuses. It also highlights specific forms of immigration relief available to noncitizen victims of particular types of crime. The report then provides an overview of existing data on noncitizen crime victims and concludes by presenting relevant issues policymakers may consider regarding immigration protections available to noncitizen victims.

Immigration Relief: U Nonimmigrant Status

Through the Violence Against Women Act (VAWA) of 2000,⁴ P.L. 106-386, Congress created the U nonimmigrant status, often called the U-visa,⁵ for noncitizen victims who have suffered physical or mental abuse as a result of a qualifying crime and who are cooperating with U.S. officials.⁶ According to the bill's conference report, the purpose of creating the U status was to

strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of domestic violence, sexual assault, trafficking of aliens, and other crimes... committed against aliens, while offering protection to victims of such offenses in keeping with the humanitarian interests of the United States. This visa will encourage law enforcement officials to better serve immigrant crime victims and to prosecute crimes committed against aliens.... Creating a new nonimmigrant visa classification will facilitate the reporting of crimes to law enforcement officials by trafficked, exploited, victimized, and abused aliens who are not in lawful immigration status. It also gives law enforcement officials a means to regularize the status of cooperating individuals during investigations or prosecutions. Providing temporary legal status to aliens who have been severely victimized by criminal activity also comports with the humanitarian interests of the United States.⁷

To give further context, according to DHS guidance

Congress, in the [TVPA], created the U nonimmigrant status program out of recognition that victims without legal status may otherwise be reluctant to help in the investigation or prosecution of criminal activity. Immigrants, especially women and children, can be particularly vulnerable to criminal activity like human trafficking, domestic violence, sexual assault, stalking, and other crimes due to a variety of factors, including but not limited to: language barriers, separation from family and friends, lack of understanding of U.S. laws, fear of deportation, and cultural differences. Accordingly, under this law, Congress sought not only to prosecute perpetrators of crimes committed against immigrants, but to also strengthen relations between law enforcement and immigrant communities.⁸

U Status Eligibility

To qualify for U status, a noncitizen must file a petition and establish that

• they suffered substantial physical or mental abuse as a result of having been a victim of qualifying criminal activities (see the "Qualifying Crimes" section);
• as certified by a law enforcement or immigration official,⁹ they (or if the noncitizen is a child under age 16, the child's parent, guardian, or friend) possess information about the criminal activity involved;
• they have been, are being, or are likely to be helpful in the investigation, prosecution, conviction, or sentencing of the criminal activity by federal, state, or local law enforcement authorities; and
• the criminal activity violated the laws of the United States or occurred in the United States.¹⁰

In addition, the victim must be admissible to the United States based on a review of his/her criminal history, immigration violations, and other factors.¹¹ Individuals can apply for waivers of inadmissibility if eligible.¹²

Derivative Status for Family Members

Derivative U status is available to the following family members of U status recipients:

• children,
• spouses,
• parents (if the principal applicant is under age 21), and
• unmarried siblings under age 18 (if the principal applicant is under age 21).¹³

Derivative U status allows an individual to live and work in the United States (for more information, see the "U Status Benefits" section).

Qualifying Crimes

Qualifying criminal activity refers to one or more of the following or any similar activity in violation of federal or state criminal law:

• rape;
• torture;
• trafficking;
• incest;
• domestic violence;
• sexual assault;
• abusive sexual contact;
• prostitution;
• sexual exploitation;
• stalking;
• female genital mutilation;
• being held hostage;
• peonage;
• involuntary servitude;
• slave trade;
• kidnapping;
• abduction;
• unlawful criminal restraint;
• false imprisonment;
• blackmail;
• extortion;
• manslaughter;
• murder;
• felonious assault;
• witness tampering;
• obstruction of justice;
• perjury;
• fraud in foreign labor contracting (as defined in 18 U.S.C. §1351); or
• attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.¹⁴

These categories of criminal activity are not specific citations in the criminal code; they are general categories of crime that could fall under various federal, state, or local statutes.

USCIS Review of U Status Petitions

United States Citizenship and Immigration Services (USCIS), an agency within DHS, adjudicates applications for immigration benefits. USCIS determines who is eligible for U status and law enforcement agencies assist by providing a certification attesting that the individual is or will be helpful in the investigation, prosecution, conviction, or sentencing of the criminal activity.

USCIS reviews U status applications, which consist of

• Form I-918 (the petition);
• Form I-918B (certification by law enforcement);
• victim's affidavit;
• supporting evidence, such as
• police reports;
• medical records;
• court documents;
• witness affidavits; and
• photographs;
• a waiver of inadmissibility (if applicable).

USCIS also reviews the petitions of any derivative U status applicants. USCIS performs background checks and determines if the individual is admissible. If any derogatory information is found, USCIS can deny derivative U status petitions while still approving the principal U status petitioner.

The 10,000 Cap for U Status

The U status category is statutorily limited to 10,000 principal noncitizens per fiscal year.¹⁵ As shown in Table 1, the statutory cap of 10,000 principal noncitizens per fiscal year has been reached each fiscal year since FY2012. Even if the statutory cap is reached before the end of the fiscal year, USCIS continues to accept and process new petitions for U status and issues conditional approval and work authorization to petitioners who are eligible for but unable to receive U status because the cap has been reached.¹⁶ Unauthorized noncitizens, including those whose status might expire while on the waiting list for U status, typically receive a discretionary reprieve from removal—deferred action or parole.¹⁷ However, as of the cover date of this report, it takes approximately five years for DHS to adjudicate new U status applications. If approved, they are placed on the waiting list and granted deferred action or parole.¹⁸ After receiving conditional approval, for those who recently entered the backlog, it can take up to approximately 17 additional years (as of the end of FY2021) to receive U status due to the length of the backlog of those conditionally approved and the cap.¹⁹

U Status Benefits

U status is generally valid for four years. It can only be extended beyond four years if "the alien's presence in the United States continues to be necessary to assist in the investigation or prosecution of the qualifying criminal activity."²⁰ Individuals with U status can remain in the United States lawfully.

Principal and derivative recipients of U status are authorized to work by virtue of their status.²¹ They can work anywhere in the United States for any employer.

Individuals with U status are not eligible for most federal public benefits. However, those who receive U status may be eligible for crime victim assistance and/or compensation through programs funded by the Department of Justice (DOJ) (see text box below).²²

Adjustment to Lawful Permanent Resident (LPR) Status

After three years, those with U status may apply for lawful permanent resident (LPR) status (i.e., a green card).²⁸ To adjust from U to LPR status, a noncitizen must have

• been physically present in the United States for a continuous period of at least three years since the date of admission under U status;
• not participated in "Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing"²⁹;
• "not unreasonably refused to provide assistance to an official or law enforcement agency that had responsibility in an investigation or prosecution of persons in connection with the qualifying criminal activity after the alien was granted U nonimmigrant status"³⁰; and
• "establish[ed] to the satisfaction of the Secretary [of Homeland Security] that the alien's presence in the United States is justified on humanitarian grounds, to ensure family unity, or is in the public interest."³¹

While the number of individuals who can receive U status is limited to 10,000 principal petitioners each fiscal year, there is no limit on the number of individuals with U status (whether principal or derivative petitioners) who can subsequently adjust to LPR status in a given fiscal year.

Other Immigration Relief for Victims of Specific Crimes

U status provides one form of immigration relief for a relatively broad range of noncitizen crime victims. For some noncitizen victims of specific types of crime such as human trafficking or domestic violence, there are other forms of immigration relief for which they may be eligible. If policymakers consider immigration relief for specific categories of crime victims, they may look not only to the broader U status but also to specific paths of immigration relief already afforded to victims of specific crimes.

Trafficking Victims³²

In the United States, trafficking victims—both U.S. citizens and noncitizens—are exploited for commercial sex and forced labor. Some noncitizen victims may not have a lawful immigration status which may deter them from seeking help or reaching out to law enforcement. This may be due, in part, to fear of removal. Other noncitizens who have been victims of trafficking may have fallen out of lawful status during their victimization. In addition to the U status, federal law provides additional protections from removal that may be available to noncitizen victims of trafficking.

T Status

The Victims of Trafficking and Violence Protection Act of 2000 (TVPA; P.L. 106-386, as amended) created a new nonimmigrant category, known as T status or T-visa,³³ for noncitizens who are victims of severe forms of trafficking in persons.³⁴ To qualify for the T category, a noncitizen must

• demonstrate that they are a victim of a severe form of trafficking in persons³⁵;
• be physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a U.S. port of entry because of such trafficking, or be admitted to the United States to participate in investigative or judicial processes associated with such trafficking³⁶;
• have complied with any reasonable request for assistance from a law enforcement agency³⁷ in the investigation or prosecution of acts of trafficking unless unable to do so due to physical or psychological trauma, or being under age 18³⁸; and
• be likely to suffer extreme hardship involving unusual and severe harm upon removal from the United States.

To receive T status, the noncitizen must also be admissible to the United States or obtain a waiver of inadmissibility. A waiver of inadmissibility is available in a number of circumstances, including for health-related grounds, public charge (indigence) grounds, ³⁹ or criminal grounds⁴⁰ if the activities rendering the noncitizen inadmissible were caused by or incident to their victimization.⁴¹ This waiver may be particularly relevant for those involved in sex trafficking because prostitution is one of the grounds of inadmissibility specified in the INA.⁴² Additionally, noncitizen victims of trafficking who are present without being admitted or paroled into the United States are inadmissible and would need to obtain a waiver to be eligible for T status. For example, a noncitizen who paid a smuggler to enter the country illegally and then was held in servitude would need to get an inadmissibility waiver to be eligible for T status. Individuals with T status can remain in the United States lawfully, and after three years may petition for LPR status.⁴³

The number of T status recipients is capped at 5,000 principal noncitizens each fiscal year. Additionally, the spouse, children, parents (if the principal applicant is under the age of 21), or siblings under the age of 18 (if the principal applicants is under age 21) may be given derivative T status in order to avoid extreme hardship; derivatives are not counted against the numerical limit.⁴⁴ For the last 10 fiscal years, the 5,000 cap has not been reached.⁴⁵ Table 2 includes data on the number of victim and derivative family applications for T status for the 10-year period from FY2012 to FY2021. In FY2021, 1,702 trafficking victims submitted applications, and USCIS approved 829. In that same fiscal year, 1,078 derivative family members of victims submitted applications, and USCIS approved 622.⁴⁶

Continued Presence

In addition to the U status and T status, the TVPA gives the Secretary of DHS the authority to grant continued presence for certain victims of a severe form of trafficking of persons in order to facilitate the investigation and prosecution of the individuals responsible for such trafficking.⁴⁷ Continued presence is not an immigration status, but it offers temporary protection from removal. Federal law enforcement officials who encounter victims of severe forms of trafficking in persons who are potential witnesses to that trafficking may request that DHS grant continued presence to the noncitizen victim in the United States.⁴⁸ As shown in Table 3, during the most recent 10-year period for which data are publicly available, fewer than 300 people were granted continued presence in any single year. In FY2020, 117 individuals were granted continued presence.

Domestic Violence Victims

U status provides immigration options for victims of VAWA-related offenses such as domestic violence, dating violence, and sexual assault. However, noncitizen victims of domestic violence may face a precarious situation if their legal immigration status depends on the sponsorship of a citizen or LPR who is their abuser and who often use such circumstances to continue the abuse. VAWA sought to address this situation by creating an avenue for victims to self-petition for LPR status in the United States for themselves and their children (younger than 21) independent of their citizen/LPR abusive sponsor.⁴⁹ These applicants are typically referred to as VAWA self-petitioners.

Under VAWA, noncitizen victims of battery or extreme cruelty at the hands of a U.S. citizen spouse or former spouse, parent, child, or an LPR spouse or former spouse or parent may be eligible for an adjustment of immigration status.⁵⁰ Self-petitions can be filed without the citizen/LPR abuser's knowledge, consent, or participation.⁵¹ If the applicant is outside of the United States, the self-petitioner application is completed via consular processing.⁵²

VAWA self-petitioners can be of any gender, and in some cases do not need to be married to the abuser at the time of their application.⁵³ An applicant may still be eligible if the marriage ended as a result of bigamy or death, was terminated within two years of applying and in connection to abuse,⁵⁴ or if the abuser lost or renounced their citizenship or LPR status due to the abuse. Once a self-petitioner has filed for a change in status, a subsequent termination of the marriage typically does not bear on the application. Children of the self-petitioner who are unmarried and under age 21 may also be eligible for an adjustment of immigration status as a derivative family member.⁵⁵

There is no annual cap on the number of VAWA self-petitioners that can be approved. As shown in Table 4, in FY2021, the most recent year that data are available, USCIS received 23,391 applications from VAWA self-petitioners⁵⁶: 18,172 were from spouses of abusive citizens or LPRs; 544 were from children of abusive citizens or LPRs; and 4,675 were from parents of an abusive U.S. citizen son or daughter.⁵⁷ In FY2021, a total of 6,766 petitions were approved and 3,755 were denied; 42,562 are pending.⁵⁸

Data on Noncitizen Victims of Crime

To develop and implement immigration policies that adequately address the needs of noncitizen victims of crime, it is necessary to have data that accurately reflect their experiences. Major national surveys like the American Community Survey (ACS) and the Current Population Survey (CPS) include questions about citizenship status but not about criminal victimizations. However, there are limited sources for data on noncitizens victims of crime.

The National Crime Victimization Survey (NCVS), a large federal crime data collection program administered by the Bureau of Justice Statistics (BJS), does ask about participants' citizenship status.⁵⁹ The NCVS is an annual survey that asks a representative sample of U.S. households (all members of the sampled household who are 12 and older may respond to the survey) about the nature of any criminal victimizations (i.e., frequency, characteristics, and consequences) they experienced.⁶⁰ The 2017 survey was the first instance that the NCVS included a question about respondents' citizenship status.⁶¹ As illustrated in Figure 1, the violent victimization rate reported by noncitizen participants was lower than the rate for U.S. citizens, and both generally declined from 2019 to 2021 (Table 5).

Figure 1. Violent Victimization Rate for U.S. Citizens and Noncitizens, 2017-2021

Source: Bureau of Justice Statistics (BJS), Criminal Victimization, 2018, https://bjs.ojp.gov/library/publications/criminal-victimization-2018; BJS, Criminal Victimization, 2019, https://bjs.ojp.gov/library/publications/criminal-victimization-2019; and BJS, Criminal Victimization, 2021, https://bjs.ojp.gov/library/publications/criminal-victimization-2021. Notes: Violent victimization includes rape or sexual assault, robbery, aggravated assault, and simple assault. It excludes homicide because the NCVS is based on interviews with surviving victims. Rate is per 1,000 persons age 12 or older.

Table 5 presents the number and rate of violent victimizations captured by the NCVS for U.S.-born citizens, naturalized citizens, and noncitizens from 2017 to 2021. During those years, the violent victimization rate per 1,000 people was higher for U.S.-born citizens than noncitizens, but lower for naturalized U.S. citizens than noncitizens. The victimization rate for noncitizens was at its highest (for the years in which these data were available) in 2019 and then declined in succeeding years. During 2020 and 2021, the violent victimization rate remained relatively stable for U.S. citizens (with a slight increase for naturalized citizens), whereas the violent victimization rate for noncitizens declined.

Another federal data collection program that provides some information on noncitizen crime victims is the National Violent Death Reporting System (NVDRS) administered by the Centers for Disease Control and Prevention (CDC). NVDRS collects data about "all types of violent deaths—including homicides and suicides—in all settings and for all age groups" from death certificates, coroners/medical examiners, and law enforcement agencies.⁶² The NVDRS also includes information on respondent nativity. A 2022 analysis of 2017 NVDRS⁶³ data indicated that among 9,428 homicides⁶⁴ examined across 32 states and Washington, DC, 8% involved a foreign-born⁶⁵ decedent. This was a "substantially lower" rate than the number observed among U.S.-born persons. The analysis also indicated that foreign-born persons from Honduras, El Salvador, and Jamaica "experienced higher homicide rates than those born in the U.S."⁶⁶

Although these data suggest that noncitizens may be less likely to be crime victims than U.S. citizens, there are still a large number of noncitizens who experience criminal victimization. These snapshots of data provide some insight into criminal victimizations of noncitizens; more detailed data may serve to strengthen federal immigration policies.

Issues for Congressional Consideration

Forms of Immigration Relief for Noncitizen Crime Victims

As noted, U status is a form of immigration relief that is available to certain noncitizen victims of a broad range of crimes. Congress has taken steps to provide additional forms of immigration relief to victims of specific types of crimes such as human trafficking and domestic violence. If Congress considers immigration relief as a broad form of assistance for noncitizen victims of crime, it may consider related issues. For instance, policymakers may examine whether the range of qualifying crimes for U status eligibility is still appropriate. Of note, the U status qualifying crimes are general crime categories rather than specific criminal violations; as such, policymakers may conduct oversight over U status issuance to examine the specific types of criminal violations that have been considered as falling into one of the broad categories of crime outlined in the eligibility requirements.⁶⁷ This can help determine whether the existing categories of crime should be modified to encompass the criminal violations for which policymakers wish to provide victim assistance in the form of U status.

Policymakers may also wish to consider whether to provide additional forms of immigration relief for victims of specific crimes, as has already been done for victims of human trafficking, for instance. Additional pathways for relief could help alleviate the U status backlog (discussed below) by diverting potential U status recipients to other forms of relief. Additional paths for immigration relief could be established through additional immigration statuses (as was done with the T status) or through granting the executive branch the authority to provide temporary protections from removal for specified victims (as was done with allowing DHS to grant continued presence for trafficking victims). To help inform these considerations, Congress may conduct oversight of existing data collection efforts on the types of criminal violations for which noncitizens may be most at risk.

Immigration Status Utilization

U Status Backlog

U status is in high demand. The 10,000 principal noncitizen annual cap has resulted in a backlog of applicants with conditional approval but without the U status due to the annual cap. Policymakers may consider specifically how this backlog could affect these victims of crime. Previous legislative proposals to eliminate the cap have failed to pass.⁶⁸

In addition to delays resulting from the post-adjudication backlog, as of the cover date of this report, it takes DHS approximately five years to adjudicate new U status applications. Human rights organizations have highlighted that while the "U visa has been an essential tool in strengthening relationships with immigrant communities and ensuring public safety," the wait time before adjudication leaves applicants without decisions, which can increase their vulnerability to further abuse.⁶⁹

Other observers have expressed concern about the backlog for different reasons; as applicants on the waitlist are granted deferred action or parole, critics see the program as conferring de facto residency for thousands of noncitizens who have not yet received approval.⁷⁰

T Status Underutilization

Congress may examine the extent to which T status is utilized as well as whether the 5,000 principal noncitizen annual cap is still the appropriate level. The cap has not been met in any of the most recent 10 fiscal years for which data are available (see Table 2), which may indicate that the cap is set too high. Alternatively, policymakers may look at factors that potentially contribute to what some observers consider to be underutilization of the T status, such as awareness of the status or the stringency of eligibility criteria.⁷¹

Crime Victimization Data

To fit immigration policy and visa quotas more closely to the populations of interest, Congress may consider collecting more-detailed data on criminal victimizations of noncitizens. Congress could mandate that federal crime data programs add a variable capturing victim's citizenship status. For example, the most prominent crime data collection effort at the Federal Bureau of Investigation (FBI), the Uniform Crime Reporting (UCR) program, does not include citizenship data about victims or offenders in the National Incident-Based Reporting System (NIBRS).⁷² Congress could require the FBI to add citizenship questions to NIBRS.

Alternatively, Congress may opt to leave citizenship questions out of crime data collections in light of concerns that these types of questions may discourage noncitizens from reporting criminal victimizations to law enforcement agencies. (For more information, see CRS In Focus IF12316, Improving Crime Victimization Data for Noncitizen Populations). In the absence of these data, Congress may consider requiring the National Institute of Justice (NIJ) to conduct a study about violent victimization of noncitizens to gain a better understanding of the nature and scope of these experiences.