Over the past several years, the United States has faced an immigration crisis. Thousands of migrants have attempted to enter the country on a daily basis, and millions of people have been deported or expelled. In many cases, these migrants have fled dangerous situations in their home countries, and they have sought asylum in the U.S. Unfortunately, due to the high number of both illegal border crossings and legal attempts to enter the United States, the immigration system has struggled to keep up, and many people have been forced to live in dangerous and unstable conditions. To address these issues and to attempt to help migrants enter and live in the U.S. legally, the administration of President Joe Biden is seeking to implement a number of reforms.

Increased Expulsions of Illegal Immigrants

Since 2020, immigration officials have relied on a rule known as Title 42 to quickly expel many immigrants from the United States. This rule was implemented during the COVID-19 pandemic, and it was meant to help protect the health and safety of people in the United States. By allowing for the speedy expulsion of those who had entered the U.S. without authorization, Title 42 was intended to help limit the spread of infections. As the need for these protections has decreased, the Biden administration has sought to lift Title 42, but it has faced opposition in the courts, and the rule has remained in effect.

Immigrants who are victims of crime can face a variety of hardships, especially if they have limited options for leaving a dangerous situation and are concerned that they may face deportation. Fortunately, some victims can receive protection in the form of U visas. Understanding who is eligible for these visas and how they work can help those affected by crime know their rights and seek humanitarian relief.

What Is a U Visa? 

The U visa is a type of non-immigrant visa that was created by Congress in 2000 as part of the Victims of Trafficking and Violence Protection Act (VTVPA). It allows victims of certain crimes to stay in the United States and work or study without fear of deportation. It also allows them to eventually apply for permanent resident status. To receive a U visa, an applicant must meet several criteria: 

Over the past several years, conditions in Haiti have become very volatile. An unstable political situation became much worse after the assassination of the country's president in 2021, and high levels of gang violence have put many people at risk. Environmental disasters have made problems even worse, leading to issues such as a lack of access to food, water, and medicine, as well as outbreaks of diseases such as cholera. Because of these issues, many people have fled the country and sought safety in the United States. Unfortunately, a large number of Haitian migrants have been deported or expelled, putting them at risk of further harm. 

In recognition of the safety issues that affect Haitian immigrants, the Biden administration has taken steps to provide protection for those who are already living in the United States. More immigrants may now qualify for Temporary Protected Status (TPS), which will ensure that they can remain in the U.S. as long as they meet all eligibility requirements.

On November 15, 2022, a federal judge in Washington, D.C. issued a ruling that will put an end to a policy that has been used by immigration officials over the past few years to expel immigrants without going through the typical deportation procedures. This policy, which is known as Title 42, was put in place by the Donald Trump administration, and its stated purpose was to protect public health and safety during the COVID-19 pandemic. However, it has continued to be used by immigration officials even as the dangers of COVID-19 have receded. Following this change, people who enter the United States may be able to avoid expedited expulsions, and they will be more likely to obtain humanitarian relief through asylum or other means.

Why Is Title 42 Ending?

The Trump administration's stated reasons for implementing the Title 42 policy were to prevent the spread of COVID-19 infections by migrants entering the U.S. The Centers for Disease Control and Prevention (CDC) put this rule in place, stating that quickly expelling immigrants from the country was necessary to protect public safety. However, many human rights advocates believe that the policy was actually a pretext to prevent immigrants from remaining in the United States. 

Title 42 has been used to force immigrants who crossed the border to return to Mexico or other countries, and many people have not been able to apply for asylum or raise other defenses against deportation. This policy has led to massive numbers of expulsions, with nearly 2.4 million people being expelled in the fiscal year 2022 alone. However, because many people are simply released on the other side of the border, they have attempted to re-enter the United States, causing them to be expelled multiple times. This has led to significant safety issues affecting the thousands of migrants who have been expelled, and human rights groups have identified more than 10,000 instances of violence committed against people in these groups.

The Violence Against Women Act (VAWA) allows certain immigrant victims of domestic violence to apply for a Green Card without the need to be sponsored by a U.S. citizen or lawful permanent resident. This can ensure that abuse victims will be able to leave dangerous situations, receive protection from law enforcement, and avoid being uprooted from their communities and deported from the United States. However, it is important to understand the criteria that a person will need to meet to be eligible to self-petition for a Green Card under VAWA.

Am I Eligible for a Green Card Through VAWA?

You may be eligible to self-petition under VAWA if: 

• You are married to or were married to a U.S. citizen or permanent resident, and your spouse abused you; OR

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