How Undocumented Migrants Are Paying to Have Crimes Committed Against Them for Visa Benefits

Senator Tom Cotton has urged the Department of Homeland Security to take stronger action against alleged fraud in the U visa programme, citing concerns about abuse and a growing application backlog.

In a letter to DHS Secretary Markwayne Mullin, Cotton argued that the visa category has strayed from its original purpose and is being used as a pathway to legal status for undocumented migrants. He described the programme as increasingly vulnerable to misuse.

The U visa was created by Congress to protect victims of serious crimes who have experienced significant harm and assisted law enforcement in investigations or prosecutions. It grants temporary legal status, with the option to apply for permanent residency after three years of continuous residence.

Cotton stated that gaps in the system have enabled fraudulent applications. Reports have highlighted cases in which crimes were allegedly staged to meet eligibility requirements. In some instances, business owners are said to have paid for coordinated robberies, including recorded evidence, before reporting the incidents to authorities.

Pressure on the programme has also increased due to a large backlog. As of June 2025, more than 400,000 petitions were pending with US Citizenship and Immigration Services, while the annual cap for principal visas remains at 10,000.

Cotton has asked the department to outline any additional powers it may need to address fraud and to explain how Congress could assist in reducing delays.

The issue reflects an ongoing challenge in the U visa policy. 

Authorities must balance safeguards against abuse with protection for genuine victims of crime. Many applicants continue to wait years for decisions on their cases.