Determining the Reasonableness of Non-Compliance: Examining the Trauma Exception for T-Visa Applicants

This Article will highlight the horrendous nature of human trafficking by exposing the physical and psychological injuries victims are likely to endure and by demonstrating how a victim suffering from extreme injury may utilize methods alternative to law enforcement certification, may obtain a T-Visa. Section II of this Article will illustrate how human trafficking is essentially a form of modern day slavery, will demonstrate its prevalence in the United States, and will discuss the forms of force, fraud, or coercion traffickers commonly employ to control their victims. Section III will explain T-Visa and U-Visa application process while also exploring potential methods for approval available to a trafficked victim.. Lastly, Section IV will examine Post-traumatic Stress Disorder (PTSD) and its likely manifestation in trafficked victims, provide clear examples of trafficking cases whose factual scenarios are likely to induce PTSD in the victims, and explain why a victim may want to consider submitting a T-Visa, even without law enforcement certification, when a victim is suffering from severe mental health injuries