Sen. Tom Cotton (R-AR) is calling on the Department of Homeland Security (DHS) to look into the U visa program, which he describes as “de facto amnesty” for thousands of illegal aliens who have gamed the system.
In a letter to DHS Secretary Markwayne Mullin, Cotton says the U visa program — meant for violent crime victims who fear being deported after reporting a crime to police — is being used by many illegal aliens to secure a visa by staging crimes.
“I write concerning the U visa program that appears to operate as a de facto amnesty program for hundreds of thousands of illegal aliens. Congress originally created this program to assist law enforcement with investigating and prosecuting serious crimes,” Cotton writes. “Instead, criminal illegal aliens are reportedly exploiting loopholes to gain permanent legal status.”
“Criminal organizations have reportedly staged fake crimes so fraudsters can qualify for U visas. In one example, eleven Indian nationals staged armed robberies at convenience stores so store clerks could falsely claim they were victims of a crime on their immigration applications,” Cotton continues.
Cotton notes in the letter that as of June of last year, more than 400,000 U visa petitions are pending with the United States Citizenship and Immigration Services (USCIS) as 10,000 visas are allotted each year. Likewise, Cotton says current policies allow illegal alien U visa applicants, who have fraudulent claims, to get work permits and deferred action from deportation.
“In fact, a USCIS study of petitioners revealed that 79 percent had never held lawful status and many had prior deportation proceedings,” Cotton writes:
Another DHS Office of the Inspector General report found that 66 percent of U visa applications rested on closed criminal cases, meaning applicants could not possibly assist law enforcement as is the intent of the program. These applicants are likely able to work and receive benefits solely because they applied for a U visa. Many law enforcement agencies report that the program provides little prosecutorial benefit while imposing heavy administrative burdens. [Emphasis added]
I commend President Trump for his strong leadership in defending our homeland by aggressively deporting criminal illegal immigrants and restoring law and order. The failures within this program undermine law enforcement, burden state and local police, and leave genuine crime victims waiting years for justice. [Emphasis added]
Cotton asks Mullin what Congress and DHS can do to close such loopholes to prevent the U visa program from being gamed by illegal aliens.
In 2022, the DHS Inspector General (IG) warned that the U visa program is rife with fraud and forgery where illegal aliens regularly secure visas despite being ineligible or their crime claims having not been fully vetted.
“USCIS did not adequately manage the U visa program,” the IG wrote. “First, USCIS did not fully address U visa program fraud risks. For example, we identified 10 USCIS approved petitions with forged, unauthorized, altered or suspicious law enforcement certifications.”
John Binder is a reporter for Breitbart News. Email him at [email protected].
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