Latest news with #TVPA
NBC News
5 days ago
- Politics
- NBC News
Immigrants who are crime victims and waiting for visas now face deportation
Domingo Mendoza Méndez's eyes fill with tears as he says he hasn't seen his family since July 10, when he went to an appointment with U.S. Immigration and Customs Enforcement (ICE) and was detained. 'I'm in the process for a U visa and they detained me, but I don't know why they're detaining me. I'm following all their rules,' Mendoza Méndez, a 45-year-old Mexican immigrant, said in a video call with Noticias Telemundo from the Freeborn County Correctional Facility in Minnesota. In 2013, Mendoza Méndez, who had crossed the border 13 years earlier, was the victim of a violent robbery in Minnesota, which was recorded and investigated by police. The type of assault he suffered is included in the U.S. Citizenship and Immigration Services (USCIS) list of crimes that qualify for a U visa, a measure designed for victims of criminal acts in the U.S. who agree to help authorities investigate the crime. However, as part of the Trump administration's mass deportation campaign, some immigrants who've applied and are in the process of waiting for a U visa have been detained. 'I feel sad. I'm trying to gather my strength, but there are so many things happening here. Many of us are having our rights violated,' said the married father of three children, adding that he's been in the process of obtaining a visa since 2021. Magdalena Metelska, the immigration attorney handling Mendoza Méndez's case, said that other administrations didn't take coercive measures against victims applying for U visas, but that has changed with the second Trump administration. Now, if someone has a visa pending and even been given a work permit notification, like Mendoza Méndez, "it doesn't really matter because these people are also being arrested and detained,' she said. In April, Jose Madrid-Leiva, a Guatemalan immigrant who was waiting for a U visa, was detained in Kansas City. That same month, Guatemalan immigrant Gerber Mazariegos Dávila, who was applying for a U visa, was detained by ICE agents in Atlanta. In June, Esvin Juárez and Rosmeri Miranda-López, a Guatemalan couple with four children whose U visa application had been approved were deported to their homeland. A benefit and a law enforcement tool — with a big backlog The U visa was created by Congress in 2000 through the Victims of Trafficking and Violence Protection Act (TVPA) and is reserved for victims of certain crimes who 'have suffered physical or mental harm' and who cooperate with law enforcement or government officials 'in the investigation or prosecution of criminal activity,' according to USCIS. 'The U visa is a humanitarian benefit, but it's also a law enforcement tool," explained Hannah Shapiro, supervising attorney at the Legal Aid Society, which provides legal help to low-income families and individuals. "It requires the individual to cooperate in an investigation or prosecution related to the visa-qualifying offenses, which can be recent or have occurred several years ago.' She added the visa was designed to make communities safer by incentivizing undocumented survivors of domestic abuse and other crimes to contact police and cooperate in investigations, thus helping make abusers accountable. The U visa's benefits include the ability to live and work in the U.S. and a chance to apply for a green card in the future. However, as with other visas for victims of abuse and crime, such as the Special Immigrant Juvenile program, the U.S. government only grants 10,000 U visas per year, which has created a considerable backlog for applicants. There are more than 300,000 people waiting, in addition to qualifying family members, Shapiro explained, and the process can take up to 15 or 20 years. According to USCIS numbers, the government received 266,293 primary U visa applications from fiscal year 2017 through the second quarter of fiscal year 2025. 'This means that if all U visa applications were halted today, it would take more than 20 years to resolve the pending cases. Since fiscal year 2009, USCIS has seen a 2013% increase in pending cases,' USCIS said in a statement sent to Noticias Telemundo. Since June 2021, USCIS has been granting 'good faith determinations' — official documents that validate the legitimacy of the U visa application and protects applicants from deportation while giving them work authorization. Recent changes, fewer protections Immigration experts and attorneys say the Trump administration is now asserting that 'good faith determinations' do not protect people from deportation, leading to detentions of U visa applicants. 'I always carried in my wallet the letter of good faith that ICE had approved for me, which states that I have the right to be in the United States without fear of deportation. But the agents told me they were no longer respecting that. And they took me away,' said Mendoza Méndez. Matthew J. Tragesser, chief of USCIS' Office of Public Affairs, said in a statement to Noticias Telemundo that 'a good faith determination on a pending application for U nonimmigrant status does not protect a foreign national from immigration enforcement.' Tragesser also stated that 'the U visa program is being exploited by foreign scammers and criminals, their corrupt lawyers, and law enforcement officers,' though he did not provide specific figures or cases. Last month, USCIS announced that five Louisiana men, i ncluding four active and retired law enforcement officers, had been charged with bribery, conspiracy to commit visa fraud and mail fraud following a federal investigation that uncovered a pattern of inconsistencies in U visa applications. According to the agency, the defendants filed false police reports so that foreign nationals who were supposedly victims of the thefts could apply for U visas. A shift away from victims' protections Although the fundamental structure of the U visa program remains intact (since it was created by Congress, it can't be unilaterally eliminated), several experts and applicants say its practical implementation has become significantly harder. 'Shortly after Trump returned to power, they repealed a memorandum that considered victim status a discretionary factor that, except in extenuating or more serious circumstances, should not be a priority for removal. This is even true if their case was pending and had not been approved,' Shapiro said. The attorney refers to Memorandum 11005.4, which changed the agency's approach to immigration enforcement related to U visa applicants. Among other things, this new directive eliminates proactive victim identification, so ICE officers are no longer required to look for clues or evidence suggesting a foreign national is a victim of a crime when making enforcement decisions. 'With the new Department of Homeland Security rules, these cases are being reopened. So people who were helping the police, who had suffered some type of crime, or were victims of a very serious crime are now in deportation proceedings,' immigration attorney Benjamín Osorio said. One such case is that of Fredy Hernández Cedillos, a Salvadoran immigrant who has lived in the U.S. since 2009. He was injured during a violent robbery in Virginia in 2010 and has been waiting for a U visa since 2020. "My lawyer received a letter from DHS saying they're going to reopen our case, even though we've already gone to court. So our fear is that we can't return to our country because gangs are after us. And we don't know if we'll have to leave our children,' said Cedillos. U.S. law allows migrants applying for this visa to continue the visa process in the countries to which they were deported. However, lawyers like Osorio warn of the difficulties involved in this process. 'Yes, they can continue their procedures. But the problem is that if the waiting list is more than 10 years long, people have to spend that time in the country to which they were deported, and they are often in danger there. Furthermore, if they have American children, they will suffer without their parents, because deportation affects the entire family,' Osorio said. 'Harmed by these delays' The prosecution of these cases made headlines in January, when a Michigan court ruled that a group of crime survivors applying for U visas could move forward with a lawsuit against the Department of Homeland Security for unjustifiable delays in receiving initial good faith determinations, which, among other things, has prevented them from accessing work permits. "We have several clients who have waited nearly six years without any updates or news, not even an initial acknowledgment of the legitimacy of their case. The court ruled that our clients have been harmed by these delays,' Meredith Luneack, the plaintiffs' attorney, said in a statement. This case is still being reviewed by the U.S. District Court for the Eastern District of Michigan. The Trump administration has demanded a drastic increase in the immigrant detentions and deportations, with a daily quota of 3,000 arrests. Shapiro, along with other experts, says this pressure has resulted in hundreds of people being detained while attending their immigration court appearances. "You want to do things right and work in this country, but what I see is that the government wants to remove as many people as possible. The fear is going to court and, once we're there, they won't let us out,' Cedillos said. Mendoza Méndez remains detained as he battles in court to stay in the U.S. With a broken voice, he said he hasn't lost hope of returning to his family in Minnesota. "I still have faith and I know we'll be able to get through all of this,' he said.
USA Today
02-07-2025
- USA Today
Diddy verdict outrage is justified. But the law is doing what it's supposed to.
The guilty verdicts are not symbolic. But justice is not just about naming abuse. Trafficking and intimate partner violence are not interchangeable – and pretending they are helps no one. This column discusses sex trafficking. If you or someone you know is in danger or in an unsafe situation, the National Human Trafficking Hotline can help. Advocates are available 24/7 by calling 1-888-373-7888 or texting 233733. Sean 'Diddy' Combs has been found guilty in federal court of violating the Mann Act and federal prostitution statutes but he was acquitted of sex trafficking under the Trafficking Victims Protection Act (TVPA), the federal government's primary anti-trafficking law, as well as RICO racketeering charges for the purpose of sex trafficking. The split verdict has stirred public confusion and outrage. After hearing detailed accounts of coerced sex, drug-fueled 'freak-off' parties, surveillance, beatings and emotional manipulation, many believed the case was a clear example of human trafficking. To them, the not-guilty verdict on trafficking charges felt like a miscarriage of justice. But while the jury held Combs accountable for significant crimes, it stopped short of classifying his conduct as trafficking. We don't know whether the jurors saw the behavior as trafficking but didn't find enough evidence – or whether they concluded it didn't meet the legal definition at all. What is clear is this: calling Combs' behavior trafficking under the TVPA would require expanding that law beyond its current meaning. And that expansion could carry real consequences – especially for the very victims trafficking laws were designed to protect. What is the Mann Act? The "White Slave Traffic Act," also known as the Mann Act, passed in 1910, makes it a federal crime to knowingly transport someone across state lines for the purpose of engaging in illegal sexual activity – including prostitution. In the past, it was misused to police sexual morality, but today it's applied more narrowly to cases involving interstate travel and sexual exploitation. In Combs' case, the jury found that he used his power and resources to transport women for illicit sexual purposes. But the Mann Act does not require proof of coercion, long-term control or systemic exploitation. It focuses on movement and intent – not the broader patterns of slavery-like domination or exploitation. By contrast, the Trafficking Victims Protection Act (TVPA), passed in 2000, was designed to combat what Congress called 'modern-day slavery.' It targets organized systems of commercial exploitation through force, fraud or coercion, and it typically involves traffickers who control nearly every aspect of a victim's life: housing, transportation, identification, finances and the ability to leave. That's not what the Combs case showed. The women involved reported trauma and coercion, but they retained housing, communication, financial resources and career opportunities. They were not legally or physically confined. There was no evidence of document confiscation, restriction of movement or the kind of isolation commonly seen in trafficking cases prosecuted under the TVPA. And that's not a loophole – it's the law doing what it's supposed to do by drawing difficult but necessary lines between different forms of harm. Opinion: Cassie's Diddy trial testimony shows sexual assault survivors how to take power back As one of the nation's preeminent human trafficking expert witnesses, I am familiar with those lines. I have testified in landmark trafficking cases from California to New York. My book, "Hidden in Plain Sight: America's Slaves of the New Millennium," is used to train law enforcement on trafficking identification nationwide. The TVPA was written to protect people whose entire lives are controlled by others – often in silence, often invisible. Expanding the law beyond that mission threatens to weaken its core. Abuse described in Diddy trail was real and criminal. But calling it trafficking doesn't help survivors. None of this minimizes what happened. The abuse described in the Combs case was real, harmful and criminal. But redefining it as trafficking – simply because other laws didn't offer a viable path to justice – doesn't help survivors. It undermines the integrity of the trafficking framework and could actually make it harder for victims of true trafficking to get the support and legal recognition they need. It's understandable why prosecutors turned to the TVPA. Trafficking cases come with longer statutes of limitations, more severe penalties and more public support. And existing domestic violence statutes are often outdated or ill-equipped to address coercive control, especially when the abuser is wealthy, powerful and legally savvy. But the solution isn't to force high-profile abuse cases into trafficking law. It's to fix the laws that fail to meet the moment. Opinion: Diddy trial and Macron shove reveal our blind spots about domestic violence One of the most telling omissions in this trial was the absence of a human trafficking expert witness – something virtually standard in most trafficking prosecutions. In typical cases, such experts are brought in to explain the dynamics of power and coercion, as well as recruitment and control schemes typically used by traffickers, particularly when overt force is not visible. Experts will often testify whether a case is consistent with or atypical of trafficking patterns. Here, both the prosecution and defense opted not to call such witnesses – likely because Combs' conduct defied those standard frameworks. Instead, prosecutors called Dawn Hughes, a psychological expert on interpersonal violence who previously testified on behalf of Amber Heard in the Johnny Depp defamation case that stemmed from allegations of domestic abuse. As someone who routinely provides human trafficking expert testimony, I can say this case presented unique evidentiary challenges and there is a clear distinction between interpersonal violence and human trafficking. Diddy's alleged trafficking enterprise did not resemble the classic 'modern slavery' narrative, and a human trafficking expert might have inadvertently highlighted just how unusual this case was for a trafficking prosecution. In fact, doing so could have risked undermining the government's core argument by exposing how far this case deviates from trafficking's conventional legal contours. We need stronger domestic violence laws There's a critical – and often overlooked – fact in this case: Prosecutors may have used the TVPA because the statute of limitations had already expired on more direct charges, such as sexual assault or battery. That's not a reflection of the survivors' credibility – it's a failure of the legal system to account for how trauma actually works. Many victims of intimate partner violence, especially when facing fear, manipulation, or public scrutiny, wait years to come forward. That's not weakness – it's human. But the law hasn't caught up. When time runs out on prosecuting real crimes, prosecutors sometimes look for workarounds. The TVPA offers one. But it wasn't designed to handle domestic abuse or intimate partner exploitation. If we care about justice in cases like this, we shouldn't stretch trafficking law to fit the facts – we should reform the laws that didn't offer justice in the first place. That means extending statutes of limitations for sexual assault and abuse, modernizing domestic violence laws and creating better tools for prosecuting coercive control, even when it doesn't involve physical captivity. Legal scholars and victim advocates have long warned that when we dilute the meaning of 'trafficking,' we hurt the very people trafficking laws were built to protect. If courts begin to see every form of abuse as trafficking, they may become more skeptical. Juries may get confused. Judges may raise the bar for what qualifies. And real survivors – runaway teens, undocumented workers, women trafficked across borders – may find themselves disbelieved or deprioritized. Meanwhile, limited resources – prosecutors, shelters, outreach workers – get pulled into celebrity trials and away from the vulnerable, invisible populations who need them most. We survived sex trafficking. Don't protect men who exploit women like us. | Opinion Survivors still deserve justice The women who came forward against Combs showed immense courage. Their pain is real. Their voices mattered. The guilty verdicts under the Mann Act and prostitution statutes is not symbolic – they are legal affirmations that crimes were committed. But justice is not just about naming abuse. It's about naming it accurately. Trafficking and intimate partner violence are not interchangeable – and pretending they are helps no one. If we're angry that the law didn't do more to hold Combs accountable, that anger is justified. But the answer is not to misapply trafficking law. The answer is to make sure abuse laws are strong enough – long enough, clear enough and modern enough – to capture the harm as it actually happened. Justice requires accountability. But it also requires precision. When we blur the legal lines, we confuse the public, mislead future juries and risk weakening the very laws survivors depend on. Let's not call everything trafficking just because it's the only viable legal tool left. Let's fix the toolbox. Because justice requires truth. And truth requires legal clarity. Kimberly Mehlman-Orozco holds a Ph.D. in criminology, law and society and serves as a human trafficking expert witness in criminal and civil court. Her first book "Hidden in Plain Sight: America's Slaves of the New Millennium" is used to train law enforcement on human trafficking investigations.
Yahoo
30-03-2025
- Entertainment
- Yahoo
NEWS OF THE WEEK: Judge dismisses five charges against Sean 'Diddy' Combs
A judge has dismissed five charges against Sean 'Diddy' Combs in a $30 million sexual assault lawsuit. The accusations from former producer Rodney 'Lil Rod' Jones alleged racketeering, infliction of emotional distress and sexual assault, among other allegations. In an order filed earlier today and reviewed by Variety, Judge J Paul Oetken granted and denied parts of Combs' motion to dismiss the case. The judge dismissed the charges of racketeering; negligent and intentional infliction of emotional distress; breach of contract; and a Trafficking Victims Protection Act (TVPA) claim.
Yahoo
26-03-2025
- Entertainment
- Yahoo
Diddy Just Scored a Rare Legal Win, But It's Not All Good News
Sean 'Diddy' Combs may be counting down the days until his federal sex crime trial in May, but it appears he's scored a rare legal win in a different area before he has his day in court. But he still can't celebrate just yet and we'll tell you why. On Monday, a New York judge decided to dismiss partial claims lobbed against the disgraced hip-hop mogul by Rodney 'Lil Rod' Jones back in February 2024. The bombshell sexual assault lawsuit was one of the first that came out against Diddy that triggered his eventual downfall. In the suit, Jones made a myriad of horrendous accusations against the Bad Boy producer including, but not limited to: sexual harassment, drugging, violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) and Trafficking Victims Protection Act (TVPA). Diddy, his company Combs Global; his son Justin Combs; his chief of staff Kristina Khorram; Universal Music Group CEO Sir Lucian Grainge; and former Motown Records CEO Ethiopia Habtemariam were all named as defendants in the suit. Now however, per PEOPLE, it was revealed that the judge decided to dismiss Jones' claims of RICO violations against Diddy and the rest of the defendants—signaling a rare, major win for the heaviest charge of them all. The TVPA violations were also dropped against Combs Global, but Diddy and Khorram still face those charges. The judge also dismissed Jones' claims of emotional distress and breach of contract. But Diddy will still face charges of sexual assault and the 'premises liability claim' which argues that Jones was sexually assaulted multiple times on Diddy's property. Additionally, the judge also issued a warning against Jones' lawyer Tyrone Blackburn and his 'unsettling' conduct. 'Blackburn's filings are replete with inaccurate statements of law, conclusory accusations, and inappropriate ad hominem attacks on opposing counsel,' the judge wrote. But Blackburn remains unfazed. 'We view this as a win,' Blackburn said in a statement to USA Today on Tuesday. 'Defendants wanted a total dismissal and they failed to get it. [Combs and Khorram] 'do not want me to do discovery...I know where all of the bodies are buried and I have a HUGE shovel. Time to start digging!' For the latest news, Facebook, Twitter and Instagram.
Yahoo
25-03-2025
- Entertainment
- Yahoo
U.S. Judge Partially Dismisses Charges in Sean 'Diddy' Combs Lawsuit From Producer Rodney Jones Jr.
Sean 'Diddy' Combs, September 2023 () Last year, music producer Rodney Jones Jr.—known professionally as Lil Rod—filed a lawsuit against Sean 'Diddy' Combs, alleging sexual assault and grooming on the part of the hip-hop mogul, as well as improper payment for his production work on Diddy's 2023 LP, The Love Album: Off the Grid. Now, according to documents viewed by Pitchfork, a New York federal judge has dismissed five of Jones' nine charges—including those having to do with racketeering, emotional damages, and breach of contract—while choosing to uphold his sexual assault, premises liability, and Trafficking Victims Prevention Act (TVPA) claims against Diddy and his chief of staff, Kristina Khorram. In his original lawsuit, Jones described being drugged, forced to hire prostitutes, and made to participate in nonconsensual sex acts with them while working on The Love Album. He also claimed that he was not properly paid for his work on that record, and that Diddy, Khorram, Diddy's son Justin Dior Combs, former Motown Records CEO Ethiopia Habtemariam, and Universal Music Group CEO Lucian Grainge were all involved in a racketeering enterprise. U.S. District Judge J. Paul Oetken filed his order for partial dismissal on March 24, stating that Jones' original complaint and two subsequent amendments did not demonstrate sufficient business or property damages to constitute a violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act, and that there was no clear link between the Love Album non-payment claim and any suspected racketeering activity. In his motion, the judge also described filings by Jones' attorney, Tyrone Blackburn, as 'replete with inaccurate statements of law, conclusory accusations, and inappropriate ad hominem attacks on opposing counsel.' In a statement to Pitchfork, Blackburn wrote, 'A win is a win; looking forward to discovery.' Diddy had previously filed a motion to dismiss Jones' lawsuit entirely in August 2024. He has repeatedly demonstrated himself as unafraid to take retaliatory legal action, having recently sued both NBCUniversal Media—over the Peacock documentary Diddy: The Making of a Bad Boy—and a man who claimed to be in possession of incriminating footage from the rapper's infamous 'freak-off' parties. Though a rape lawsuit against Diddy and Jay-Z was recently withdrawn by their anonymous accuser, the former remains accused of sexual assault, battery, grooming, and other crimes in dozens of civil lawsuits. He will stand trial on federal sex trafficking charges in May. If you or someone you know has been affected by sexual assault, we encourage you to reach out for support: RAINN National Sexual Assault Hotline 1 800 656 HOPE (4673) Crisis Text Line SMS: Text 'HELLO' or 'HOLA' to 741-741 Originally Appeared on Pitchfork
