Sen. Tom Cotton Proposes Investigation into U Visa Program
Senator Tom Cotton (R-Ark.) is urging the Department of Homeland Security (DHS) to look into the U visa program, which he claims acts as a “de facto amnesty” for many illegal immigrants exploiting its features.
In a letter to DHS Secretary Markwayne Mullin, Cotton explained that the U visa is intended for victims of violent crimes who fear deportation upon reporting incidents to authorities. However, he argues that some unauthorized immigrants are using it to secure visas through planned criminal acts.
“I am addressing the U visa program, which seems to function more like an amnesty program for countless illegal aliens. This initiative was created to help law enforcement tackle serious crimes,” Cotton stated. “Unfortunately, it appears that criminal aliens are using loopholes to gain permanent legal status.”
He added that criminal groups have allegedly staged false crimes to help participants qualify for U visas. Cotton cited an instance where 11 Indian nationals orchestrated an armed robbery at a convenience store so the clerk could falsely claim victim status on their visa applications.
Cotton referenced that as of June of last year, over 400,000 U visa applications were pending with U.S. Citizenship and Immigration Services (USCIS), despite only 10,000 visas being available each year. He also pointed out that the existing policies permit illegal aliens applying for U visas, even if fraudulent claims are made, to receive work permits and delay deportation procedures.
“Notably, when USCIS conducted investigations, it discovered that 79 percent of petitioners had never held legal status before and many were previously involved in deportation proceedings,” Cotton noted.
A report from the DHS Office of Inspector General highlighted that 66% of U visa applications were tied to closed criminal cases, suggesting these applicants may not be able to assist law enforcement as intended. Many agencies have indicated that the program creates considerable administrative challenges while yielding minimal benefits for prosecutors.
“I commend President Trump’s decisive actions in dealing with criminal illegal immigrants and working to restore order. The flaws in this program hinder law enforcement, overburden local police, and make genuine crime victims wait for justice,” he added.
Cotton inquired how Congress and the DHS could address these loopholes to prevent potential misuse of the U visa program by illegal immigrants.
In 2022, the DHS Inspector General warned that the U visa program was plagued with fraud and forgery, with unauthorized individuals obtaining visas despite lacking eligibility or proper vetting of their criminal backgrounds.
“USCIS did not sufficiently manage the U visa program,” the Inspector General noted. “For instance, we found ten USCIS-approved petitions containing false, altered, or questionable law enforcement certifications.”
