To be eligible for a T Visa, a victim of human trafficking must cooperate with law enforcement in the investigation or prosecution of the traffickers responsible for their exploitation. This cooperation requirement is a fundamental part of the T Visa application process, as it helps authorities track down and hold traffickers accountable and gives survivors the opportunity to rebuild their lives.
However, there are important nuances to understand when it comes to fulfilling this requirement, including what constitutes “cooperation” and when exceptions may apply.
What Does Cooperation with Law Enforcement Entail?
Cooperating with law enforcement generally means assisting in their efforts to investigate and prosecute those responsible for trafficking. While every case is different, cooperation often includes the following actions:
Providing Information
Survivors may share details about the trafficking operation, such as the identities of traffickers, the methods used, and the locations involved in the scheme. Importantly, survivors are not required to actively participate in every stage of an investigation or prosecution. Simply coming forward with information about their experience, even if limited, or reporting their victimization is often sufficient to meet the cooperation requirement.
Participating in Interviews
Law enforcement might request that applicants participate in interviews to clarify or expand on the details they have provided.
Testifying in Court
In some cases, survivors may be asked to testify during legal proceedings against their traffickers.
Ongoing Communication
Cooperation may also involve staying in touch with law enforcement throughout the investigation or prosecution process. This includes responding to follow-up inquiries or providing additional information as new developments arise.
One of the key principles of the T Visa process is that USCIS does not require your cooperation with law enforcement to result in any specific outcome, such as an arrest, conviction, or sentencing. Your eligibility for a T Visa is not contingent on the success or outcome of the investigation or prosecution. What matters is that you make a good faith effort to cooperate with law enforcement to the extent that you are able.
What Does Reasonable Cooperation Mean?
The key phrase in the T Visa process is reasonable cooperation. “Reasonable cooperation” refers to the extent to which a victim of trafficking is expected to assist law enforcement in the investigation or prosecution of their traffickers.
The U.S. Citizenship and Immigration Services (USCIS) understands that the process of cooperating with law enforcement can be difficult and sometimes traumatic for survivors of trafficking. As such, the requirement for cooperation is not absolute or rigid. Instead, it is designed to be flexible, considering the survivor’s personal circumstances and limitations.
Are There Exceptions to the "Reasonable Cooperation" Rule?
While cooperation is a central requirement, the T Visa program recognizes that many survivors face significant barriers to participating in legal processes. For this reason, exceptions are available in cases where cooperation is not possible. Here are a few situations where you may not have to cooperate:
Minors Under 18
Survivors who were under 18 at the time of their trafficking are exempt from the cooperation requirement. This exemption acknowledges the unique vulnerabilities of child victims and protects them from being further traumatized by legal procedures.
Safety Concerns
Survivors are not expected to testify or cooperate with law enforcement if doing so would put them at significant risk of harm. This could include situations where survivors face threats of retaliation from traffickers, their associates, or other individuals involved in the trafficking network. If cooperating could open them up to threats of violence, intimidation, or further exploitation, the cooperation requirement may be waived.
Severe Trauma or Psychological Hardship
We understand that for many survivors, the emotional toll of trafficking is deep and lasting. If you are not ready or able to cooperate due to the psychological impact of your experience, law enforcement cannot force victims to comply.
Physical Health Concerns
Trafficking often leads to serious physical injuries that can affect your health long after you escape the situation. If you are dealing with medical conditions related to your trafficking experience and cooperating with law enforcement could jeopardize your recovery, you may be excused from this requirement.
Each Case Is Evaluated Individually to Determine If Exceptions Apply
It is important to remember that these exceptions are in place to protect you. Your ability to recover and heal should never be compromised by legal demands. If cooperating with law enforcement poses a real safety risk or could harm a survivor’s emotional or physical well-being, they can still qualify for T Visa protections.
USCIS evaluates each case individually to determine whether these exceptions apply. Survivors must provide supporting documentation, such as medical records, affidavits from mental health professionals, or statements from advocates familiar with their situation.
At Odunlami Law, we understand the sensitive nature of your situation and can work with you to address any safety concerns you may have when cooperating with law enforcement. If you are unable to cooperate for legitimate reasons, we will help you present your case to keep you from being penalized for your understandable reluctance.
Contact an Experienced Immigration Lawyer at Odunlami Law
While law enforcement cooperation is an important component of the T Visa process, it is not an insurmountable barrier. Survivors who are unable to cooperate due to safety risks, trauma, or other hardships can still qualify for this life-changing visa with the right support and advocacy.
By working with an experienced T Visa attorney, you can better prepare for the cooperation requirement and improve your chances of a successful application. Contact Odunlami Law for a consultation with an experienced T Visa lawyer to begin your journey toward healing and legal protection.
