Pleading for the Fifth: How Assisting Law Enforcement for T & U Visas Violates Immigrants’ Right Against Self-Incrimination

Human trafficking is a transnational crime that has decimated the lives of many innocent victims, especially those seeking to immigrate to the United States. In 2000, Congress enacted the Trafficking Victims Protection Act, which created T and U visas for victims of severe forms of trafficking and other crimes, respectively. Although these visas were created to protect especially vulnerable immigrants, they ultimately are more harmful than helpful. A condition for being granted a T or U visa is that the applicant must assist law enforcement in the investigation and prosecution of the perpetrator of the crime they are a victim of. This Article explores how the T and U visa requirement of applicants to assist law enforcement violates their right against self-incrimination as set out in the Fifth Amendment to the U.S. Constitution and Article 14.3(g) of the International Covenant on Civil and Political Rights (ICCPR). First, this Article explains what T and U visas are and what protections the Fifth Amendment and the ICCPR afford to noncitizens. Next, this Article discusses how immigrants’ privilege against self-incrimination is violated through the T and U visa application process. Finally, this Article suggests potential pathways to eradicate these human rights violations.