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Trump changes to crime-fighting visas leave migrants unprotected

T and U visas were created by Congress

By David HeitzPublished 15 days ago 4 min read
City and County of Denver. A banner hanging on Denver City Hall welcomes migrants.

The author used artificial intelligence in the crafting of this article.

Visas intended to encourage migrants to report crimes aren't doing so after recent federal changes.

The pathways to citizenship are known as T and U visas. The more commonly applied for visas are the U visas. U visas are for victims of certain serious crimes (assault, domestic violence, trafficking, etc.) who assist police or prosecutors, according to the Denver District Attorney’s Office website. “Undocumented victims submit a request for a U visa certification of helpfulness from the Denver District Attorney’s Office which determines whether the victim and the crime qualify for certification,” according to the website. “A U visa certification does not guarantee it will be granted. The U.S. Citizenship and Immigration Services, or USCIS, is the federal agency that provides nonimmigrant status to eligible victims.”

By Metin Ozer on Unsplash

In Denver, the U visa isn’t some abstract federal program — it’s one of the few tools the city has to convince undocumented migrants to report violent crimes. Victims of serious offenses are more likely to come forward and cooperate with Denver police because certification shows the city is willing to stand with them even when their immigration status is precarious.

Denver’s City Attorney’s Office reinforces the same reality. Their U visa protocol makes clear that the city regularly certifies victims of crimes like sexual assault, domestic violence, and trafficking — the exact crimes many migrants experience on the journey north or after arriving in Denver’s shelters and encampments. The protocol also highlights the gap between local certification and federal approval, a gap that leaves victims waiting years for protection while trying to survive in a city where they’re often targeted precisely because predators assume they won’t go to police.

Cases before Denver Immigration Court: 75,693 in 2024

According to Rocky Mountain Immigration Advocacy Network, or RMIAN, as of May 2024 there were 75,693 cases before Denver Immigration Court – up from 21,589 in September 2022. Most migrants in Denver hailed from Venezuela, Columbia, Mexico, Nicaragua, and Peru. Additional migrants came from Haiti and Cuba.

T visas are for victims of human trafficking who cooperate with law enforcement. Trafficking is prevalent along the migration trail as well as in the American cities where migrants land.

Changes made by the Trump administration

Both T and U visas were created by Congress, not the executive branch, so administrations can’t eliminate them — but they can change how they’re processed, interpreted, or enforced.

Several changes have been made to the way T and U visas are administered under the administration of President Trump, according to the Landerholm Immigration Law Firm website. The changes include increased scrutiny and higher denial rates. USCIS under Trump applied stricter evidentiary standards, more requests for evidence or RFEs, more denials for technical issues and narrower interpretations of “helpfulness” to law enforcement.

Additional scrutiny includes more aggressive use of “Notice to Appear,” also known as NTA or deportation notices, according to the 19th News. A major policy memo expanded when USCIS could issue deportation notices to applicants whose cases were denied. This meant a denied T or U visa could more easily trigger removal proceedings.

By Wesley Tingey on Unsplash

The result has been victims who are more afraid to apply, according to Human Rights Watch. Advocates reported a chilling effect on cooperation with police. Migrants seeking T and U Visas also face longer processing times. According to RMIAN, the waitlist is so long for U visas it can take 20 years to get an answer.

Narrower interpretations of eligibility

Advocates for migrants report that attorneys widely reported that USCIS questioned whether victims were “credible,” required more proof of trauma, challenged whether victims were “helpful enough” to law enforcement and applied stricter definitions of trafficking for T visas.

This didn’t change the law — but it changed outcomes.

More ICE involvement

Under Trump, DHS agencies coordinated more closely, which meant ICE could access information from denied humanitarian applications. Applicants feared enforcement even when they were crime victims. This was especially concerning for undocumented victims seeking U visas.

Only 10,000 U visas per year can be granted, and only 5,000 T visas. The need for U visas is much greater, according to immigrant advocacy groups like Human Rights Watch.

The administration did not seek to expand protections or increase caps, and in some cases supported policies that would restrict eligibility.

Visas not quelling migrant fears

Even with Denver’s attempts to build trust, migrants still live under the shadow of federal enforcement. Denver, after all, is under investigation for its sanctuary policies, a move that sends a clear message to migrants: reporting a crime might expose you to immigration scrutiny, even if the city itself isn’t the one calling ICE. That fear doesn’t stay theoretical — it shapes whether victims come forward, whether witnesses talk, and whether traffickers, abusers, and wage‑theft operators continue to operate with impunity.

By Kabiur Rahman Riyad on Unsplash

Put together, these facts paint a clear picture: Denver has a system designed to protect migrant victims of crime, but federal backlogs, slow processing, and fear of enforcement keep many from ever accessing it. The city can certify a U visa, but it can’t make USCIS approve it. It can encourage reporting, but it can’t erase the fear migrants carry from the border, from their home countries, or from the political climate surrounding immigration enforcement. The result is a humanitarian visa system that works on paper but fails in practice — especially for the people who need it most.

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About the Creator

David Heitz

I am a journalist with 38 years' experience. I write for Potent, Vocal's cannabis blog, and Psyche, where I share stories of living with schizoaffective disorder bipolar one. I have lived in a penthouse and also experienced homelessness.

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