Implementation Challenges of T Visa Eligibility for Human Trafficking Survivors: A Role for Social Work

Abstract

Abstract The passage of the Victims of Trafficking and Violence Protection Act of 2000 (TVPA) and subsequent creation of a residency process for nonresident survivors of human trafficking (the T Visa) are notable milestones in the United States’ effort to address the problem of human trafficking and provide essential supports to trafficking survivors. However, current implementation of the statute’s eligibility criteria for accessing entitlements and protections contributes to a potential for retraumatization, further traumatization, and other continued harms to survivors. The present article explores the structural and conceptual limitations of current T Visa policy and of recent annual policy guidance materials as important contributors to these policy implementation problems. Resulting problems are identified as an ambiguity of definitions and thresholds, a narrow conceptualization of victimhood, and the contradictory relationship between protection and prosecution. This article then utilizes a trauma-informed social policy framework to identify multisystemic action steps for social workers to address these limitations and improve the T Visa process for trafficking survivors. These actions steps provide an essential road map for closing the gap between the policy goals of the TVPA and its current implementation.