Hello, I am Attorney María Mendoza. Recently, there has been news circulating on social media stating that President Donald Trump has canceled humanitarian visas and that all applicants for these visas will be deported. This information is completely false and has caused confusion and fear in the immigrant community.
Various TikTok accounts have spread rumors about the supposed “cancellation of humanitarian visas,” claiming that U visa, T visa, and VAWA visa applicants will be deported. However, it is important to clarify that these visas remain valid, and any changes to their status must be approved by the United States Congress.
Many of these “influencers” have no legal knowledge or experience in immigration matters, which leads to incorrect interpretations. Therefore, it is recommended to obtain information directly from official sources, such as the U.S. Citizenship and Immigration Services (USCIS), immigration attorneys, and recognized organizations that provide legal advice.
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What are humanitarian visas?
Humanitarian visas were established by Congress and cannot be unilaterally eliminated by President Trump. Since 2021, the Immigration and Customs Enforcement (ICE) had the obligation to investigate if a detained person was a victim of a crime and, therefore, eligible for a humanitarian visa. However, with the recent changes in the administration, this obligation has been eliminated. Now, the responsibility falls on the immigrant, who must inform ICE of their status as a humanitarian visa applicant.
Humanitarian visas in the United States are designed to provide protection to individuals facing difficult circumstances, such as persecution, human trafficking, or domestic violence. The main humanitarian visas include:
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U Visa: For victims of certain crimes who have suffered physical or mental abuse and who cooperate with authorities in the investigation or prosecution of those crimes.
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T Visa: Given to victims of human trafficking who meet certain requirements and cooperate with authorities in the investigation or prosecution of human trafficking.
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VAWA Visa: Provides protection to victims of domestic violence committed by a spouse, parent, or child who is a U.S. citizen or permanent resident.
It is important to note that, although there have been changes in immigration policies, humanitarian visas remain valid. However, due to a memo shared by the Trump administration, the responsibility to inform authorities about the status of a humanitarian visa applicant now falls on the immigrant. It is crucial for applicants to understand their rights and gather the necessary documentation to support their case.
Documentation you can present for protection against potential deportation includes:
- Work permit
- Immigration receipts
- Representation letter
These documents might not protect you from deportation, but they can serve as a form of protection.
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Know Your Rights!
It is crucial that anyone with an ongoing immigration case carries documentation that proves their status, such as application receipts, valid identification, work permits, or USCIS letters. If a person is detained by ICE, they should present these documents and exercise their right to remain silent until they speak with an immigration attorney.
If an immigration agent arrives at your door:
- You are not required to open the door unless they present a judge-signed warrant.
- You can use “red cards” to assert your rights.
- Do not sign any documents without consulting an attorney.
It is important to obtain immigration information from reliable sources, such as immigration attorneys. Misinformation on social media can cause unnecessary fear and confusion in the community. If you face an immigration situation, seek legal advice from an immigration expert to understand your rights and options.
Humanitarian visas are still valid. While there have been changes in procedures, applicants have rights that must be respected. Stay informed and act cautiously in the face of rumors.
Each person has a different case and process, which is why we always recommend seeking legal advice from an experienced immigration attorney. At The Mendoza Law Firm, we have over 15 years of experience. If you or someone close to you is in one of the situations discussed in this blog, do not hesitate to contact us. Contact us!
¡La Lucha Sigue!
