B Stands for Backlog

Good afternoon,

When undocumented immigrants are the victims of crime, they may hesitate to report the crime to law enforcement out of fear of deportation. The U visa program was created in October 2000 to protect immigrants who are victims of a qualifying crime and cooperate with law enforcement in an investigation. Receiving a U visa can save immigrants from having to return to dangerous situations in their home countries and allow them to rebuild their lives in the United States.

However, the program has suffered from processing delays and restrictions. Congress set a cap for only 10,000 U visas to be granted each year. According to data from USCIS, this cap has been reached every year since 2010, as many more applications are received than can be processed. This has created a significant backlog: over 160,000 U visa applications are currently pending review.

Last week, USCIS instituted a new policy called the Bona Fide Determination process, which will benefit immigrants waiting for a decision on their applications. U visa petitions will now be initially screened to determine if the claim has been made in good faith, or without intention of fraud. Approved applicants will be able to access employment authorization and a grant of deferred action much sooner than the current wait time of five years.

Members of the Law Enforcement Immigration Task Force (LEITF) have praised the new policy, including Sheriff Margaret Mims of Fresno County, CA, a co-chair of the group, who stated: "The recent changes to the U visa program are a step in the right direction. Providing immigrant crime victims with work permits and deportation relief while their cases are pending will strengthen law enforcement’s ability to cooperate with immigrant populations and make our communities safer."

While this policy alone will not eliminate the backlog of pending U visa applications - it is up to Congress increase the cap on U Visas - it is an improvement that will encourage immigrant crime victims to cooperate with law enforcement by providing access to immigration relief more quickly. A greater sense of trust in law enforcement, and the immigration system, will make all of our communities safer.

Stay healthy and hopeful,

Adam

Adam Estle
Vice President of Field and Constituencies
National Immigration Forum 

P.S. Some good news: the Biden administration has announced that they will relocate tens of thousands of Afghan Special Immigrant Visa (SIV) applicants who have aided U.S. forces to ensure their safety as American troops withdraw from Afghanistan. Click here to send a message to President Biden, both thanking his administration and urging him to save all of our Afghan allies through programs such as humanitarian parole. 

NEWS CLIPS TO NOTE:

NEW YORK TIMES: U.S. to Move Afghans Who Aided Troops to Third Countries

ASSOCIATED PRESS: US gives more asylum-seekers waiting in Mexico another shot

AXIOS: Scoop: White House eyes ending migrant family expulsion by July 31

REUTERS: Migrant children report overcrowding, spoiled food, depression in U.S. shelters