The Power of T Visas in Protecting Victims
Our office has helped immigrant victims of crimes whose faith community (church, temple, mosque, etc.) identified them as victims and referred them to an attorney or other helpful services. Faith has often played a role in helping to save someone from an exploitative or dangerous situation.
On the other hand, sometimes our office has to help people who are victims in schemes where religion plays an unfortunate and powerful role in the victimization. This article focuses on situations where faith or religious coercion has been used to harm people.
If any of these scenarios sound like something that has happened to you, a friend, family, or community member, please have the individual reach out to our office for a confidential and compassionate conversation. See: How to set up a Consult and other FAQ.
Before you review this article, you may also wish to read our basic information about T Visas – Visit Page.
In this article:
- An Overview: How can religious environments sometimes result in a T Visa?
- The Importance of T Visas in Combatting Religious Trafficking
- Stories of religious trafficking – how it can happen to anyone.
- Case 1: Involuntary servitude to a religious leader
- Case 2: Labor and sex abuses by a member of the religious community
- Case 3: Involuntary servitude and peonage in religious construction
- Case 4: Involuntary servitude and peonage in a youth group against an LGBTQIA+ youth
- Case 5: Sex Trafficking in a religious community
How can religious environments sometimes result in eligibility for a T Visa?
T visa law focuses on a distinction between sex and labor exploitation. For both of these kinds of human trafficking, it also is helpful to consider religious or faith-based coercion (or fraud) in the context of T visa law. Sometimes religion or faith or even the occult (like brujeria or witchcraft) can be used to try to convince people to do things they would not otherwise do. Legally speaking, these kinds of abusive religious or cultural practices can contribute to the force, fraud, or coercion that acts upon a victim of sex or labor trafficking.
T visas can be an option for victims of religious coercion, when individuals are made to work, volunteer, have sex, or do other things they would ordinarily not do had there not been unusual pressure on them from their religious community.
Religious traffickers exploit individuals through the manipulation or distortion of their faith. Faith can be a complicated thing. It can help us in our darkest hour, or it can create strong social and cultural pressures that make a person believe they must perform unpaid labor, invest in a scam, make donations so excessive that they cannot afford their daily needs, or otherwise serve an organization or person in unlawful or abusive situations. Moreover, immigrants (especially those who have recently arrived in the United States), often use religious institutions as a primary social support circle, and it usually results in a beneficial environment. However, many times, it can go terribly wrong and create an exploitative situation for immigrants and their families.
Sometimes, the exploitation can be so bad that sexual abuse takes place. This can happen to adults or children, regardless of their gender or sexual orientation. We have found that immigrants and especially LGBTQIA+ youth may be particularly vulnerable and afraid to come forward, and our job is to help them confidentially with their T visa cases.
In this article, we will delve into the depths of this issue, shedding light on five example cases of religious trafficking. Furthermore, we will explore how T visas can be a crucial tool in providing assistance, healing, and a pathway to justice for victims of faith-based coercion.
The Importance of T Visas in Combating Religious Trafficking
- Legal Protection: T visas offer victims of religious trafficking protection from deportation and can grant them temporary immigration status, ensuring they are not forced to return to their traffickers or dangerous situations.
- Access to Services: T visa holders have access to essential services, such as medical care, counseling, housing, and legal aid, enabling them to begin the healing process and rebuild their lives.
- Collaboration with Law Enforcement: T visa applicants are encouraged to collaborate with law enforcement agencies, providing vital information and testimony that can help investigate and prosecute traffickers. This cooperation strengthens the fight against religious trafficking.
Pathway to Permanent Residency: If a T visa is approved, a four-year work permit is issued, and usually during those four years, the T-visa holder will begin their application for permanent residency.
Stories of religious trafficking – how it can happen to anyone
The following are hypothetical cases and not based on specific individual circumstances. They are not meant to point figures at or cast judgment on any particular faith practice.
Case 1: Involuntary servitude to a religious leader
One family, devout members of a faith, is lured into a community by a charismatic leader promising spiritual enlightenment and a new way of life. However, the family’s dreams turned into a nightmare when they discovered the leader’s true intentions. Under the guise of religious practice, the family was subjected to forced labor, isolation, and physical abuse by the leader and others of his devoted followers. Eventually, the family gets away. Years go by. They are too afraid to report because they are immigrants, and they feel embarrassed. This is a case where a T visa consultation may help.
Case 2: Labor and sex abuses by a member of the religious community
A young woman seeking solace and belonging, joined a religious community known for its strict adherence to traditional practices. She believes they are helpful, and they really do help her for a long time.
Unfortunately, over time, one of the people in the church approaches her and wants to pray with her – but gets a little too close. They begin to make her feel uncomfortable, but she trusts them at first because they are in the church. They get her into a scheme to sell products to people that are supposed to be “healthy,” to raise money for the church, but no matter how much she tries, she never seems to bring in enough money for them and they are always unsatisfied.
Later she is subjected to sexual exploitation and participating in unexpected rituals that violate her faith, but she feels like if she objects, she will lose her friends, her church, and the people she cares about most. She feels trapped and doesn’t know where to turn for help.
With access to essential services and resources, she could start her journey towards recovery. Even if this has not yet been reported, there may be a path to a T visa. Along with the T visa, there may be TVAP assistance which can help with things like financial assistance, housing, and access to services for mental health.
Case 3: Involuntary servitude and peonage in religious construction
People are brought to the US to work as an artisan to build a new place of worship. Their visas have certain rules they are supposed to abide by, but it turns out the people who brought them had them do things that violate the visa. They end up being told they have to keep doing very difficult physical labor and that it is part of their duty in the faith.
They work day after day, exhausted, and are not even paid minimum wage for the work. When they ask for breaks, they are told that the work needs to be done and there is no time for a break.
They are told that they have a place to stay while working, and that America is a good place to be, and that things will get better once they pay off their “debt” for having been brought to the US. They are often afraid that they will be deported if they complain, even though no one specifically said that to them – there just seems to be this constant pressure of the visa and work and comments about their status keep coming up.
Then, one of the artisans gets injured badly. One of the old ladders they were made to use breaks, they fall off, and break a leg. The artisan is told that if she reports it, it would really hurt everyone in the community. The injury is left unreported, and the artisan is not paid for the days they can’t work, nor are they provided with medical assistance. Instead, they are told their faith will heal them and they were not provided with medical insurance anyway.
Instead of being compensated properly to buy what they need for their healing, the community members tell them to be grateful for whatever is donated to them while they recover – but little things like instant noodles are just not enough.
All the artisans see what happened to their colleague and are afraid to report anything. They are depressed because it seems nothing will really change for anyone in this situation. They don’t want to go against their faith and feel guilty for the injury, even though it was not their fault that equipment was unsafe.
Many of the workers run off or finally come to their breaking point and make excuses to leave – some find distant family and go live with them in another state. One finds their way to a law office and wants to know if they can fix their immigration status. The T visa may be an option.
Case 4: Involuntary servitude and peonage in a youth group against an LGBTQIA+ youth
A 14-year-old goes to youth group at his church. He wants to come out as gay but is afraid because he doesn’t know how his friends or family will take it. He feels pressure from the church to conform to its religious doctrine and talk about converting him or reorienting him scares him.
He feels depressed all the time. Finally, he does come out, but it doesn’t go well. He tells one of the older men in the group, who has asked him if he is having feelings about other boys or men. When he tells the truth that he is, the man begins to have him donate money and pray to pay for his sins, but the boy doesn’t have enough money. The man says he has to “volunteer” to pay it off and starts making him do so many tasks for the faith center. This teen is so tired he can’t focus on his schoolwork. He is made to pray long hours and made to do more “volunteer” work than the other youth group members.
The young man feels like there is no way out of this situation and feels very guilty – he can’t explain to the others why this is happening. He is undocumented and needs help with a T visa.
It is important to combat discrimination, violence, and mistreatment against all individuals, including those who identify as LGBTQIA+. There are too many scenarios to consider, but religious pressure or societal pressure on LGBTQIA+ youth can often result in some kind of exploitation that is confusing. It does not always involve violence; it does not always involve religion; it does not always involve something sexual. Our law firm is sensitive to these issues, and we encourage anyone who is being abused to seek help.
Case 5: Sex trafficking in a religious community
In a religious setting, there is a tight community, both inside the church and in social settings where members from that church are present. One day, a man kisses a teenage boy who is under the age of 18, and gives him alcohol, saying a few beers will help keep his mind off his sins. He talks about how it’s okay to do this and convinces him to have sex, as long as later they pray together.
In part, the boy is relieved his secret is out and on the other hand he feels like what happened to him is not right. He has never had this experience before and is confused.
In this case, a child under the age of 18 has been given something of value (alcohol, maybe also some feeling of religious security, maybe even a promise to “keep his secret” so he won’t be socially outcast) in exchange for a sexual act. He cannot consent to sex due to his age, and no force, fraud or coercion needs to be demonstrated in this context for a T visa. The feelings of confusion and fear in this setting are totally understandable in youth. In the consultation, the attorney would want to explore both attempted sex and labor trafficking, even if what happened has not been reported to law enforcement.
These hypotheticals are intended to give a general idea of the kinds of scenarios that may turn into a religious abuse-based T Visa. They are designed to try to help people see that sometimes faith or religion can be distorted or be abused to hurt others. In cases like this, there may be eligibility for a T visa. This is not specific advice, of course, and we would urge anyone who has had a bad experience in some faith-related area to consult with the law firm about a variety of immigration options.
Confidentiality
Some people just cannot talk very easily about what happened in their religious and faith community – it can feel very private and confusing. They may not want to get anyone in trouble. We understand those concerns.
The legal consultation is confidential, and we hope that those who have had a bad experience will share this with our legal team so that they can at least try to understand what their legal options are.
Sometimes a T visa case may be based on multiple types of victimization; sometimes a client will choose to report only one type of victimization. Please let the legal team know what your concerns are so that we can work together to choose the right strategy.
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