DOJ Proposes Rule to Aid Human Trafficking Survivors in Seeking Green Cards

DOJ Proposal for Certification Letters

The U.S. Department of Justice is suggesting a major procedural change affecting human trafficking survivors who require green cards. This change would create an official way for T-visa holders to ask for certification letters related to criminal investigations.

The proposal, introduced in the Federal Register by the Human Rights and Special Prosecutions Section of the DOJ, would put in place a formal system for T-visa holders. This system would verify that a related trafficking investigation or prosecution has concluded.

This verification is crucial. Under current federal immigration law, certification allows eligible T-visa holders to potentially apply for lawful permanent residence sooner than the usual three-year waiting period.

Newsweek reached out to the DOJ for comment through email outside regular working hours.

Understanding T-Visas

T-visas permit certain human trafficking victims to stay in the U.S. for four years. Under present immigration rules, T-visa holders generally must wait three years before applying for lawful permanent resident status. However, they can apply sooner if the attorney general or a designated official confirms that the case investigation or prosecution is complete.

According to U.S. Citizenship and Immigration Services, to qualify for T nonimmigrant status, applicants usually must prove:

• They were victims of trafficking involving force, fraud, or coercion.
• They are currently in the U.S. or at a port of entry due to trafficking.
• Leaving the U.S. would cause them severe harm.
• They have cooperated with law enforcement on trafficking investigations, unless exempt due to being minors or certain trauma survivors.

Impact on Green Card Applicants

Adam Klein, a former Department of Homeland Security official, believes the changes could have dual effects. It might simplify applications by providing clarity but could also impose new challenges due to formalized discretion.

Klein notes, “A clear process could speed approvals and reduce uncertainty. But whenever discretion is formalized, there is also a risk that new procedural requirements become additional barriers. The details will matter.”

The DOJ proposal doesn’t alter eligibility criteria but introduces a new process to standardize requests for required certification letters.

Scope of Affected Individuals

The notice suggests roughly 2,000 individuals might apply for these requests annually. Each application is expected to take around three hours.

This population mainly involves T-visa holders, reflecting thousands of trafficking victims granted such visas recently. From 2021 to 2025, over 9,000 T-visas were approved by the Department of Homeland Security.

The DOJ calls for public comments over a 60-day period on the proposed process. This includes opinions on its necessity and potential improvements.

Klein emphasizes the role of administrative processes for trafficking survivors, noting their impact on timely and meaningful relief, “Formalizing the certification process can have real-world consequences for access to permanent residence.”

The DOJ’s initiative seems aimed at enhancing consistency in certification practices, as these have varied across different agencies and offices.

Klein remarks, “DOJ seems to be moving an informal process into a standardized framework with clearer procedures and accountability.” Previously, such requests were managed internally without consistent transparency. This proposal intends to minimize inconsistencies and create predictability for both applicants and law enforcement.

Next Steps

The public comment period concludes on August 17. Klein advises stakeholders to monitor the level of discretion retained in the system closely, including authorization to issue certifications, evidence requirements, and appeal options for denied requests.