Immigrant Crime Victims Deported Despite Pending Visa Applications

The Trump administration has been deporting immigrants with pending U visa applications, contrary to longstanding ICE policy.

Apr. 6, 2026 at 11:30am

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Immigrants who are victims of crimes like domestic violence and sexual assault can apply for U visas, which provide a pathway to permanent residency if they cooperate with law enforcement. However, the Trump administration has been deporting these applicants despite the long backlog and their pending visa applications, putting them in danger of retaliation from their abusers. A class-action lawsuit has been filed seeking to stop the deportations and return deported survivors to the U.S.

Why it matters

U visas were created to encourage undocumented immigrants to report crimes and assist law enforcement, but the deportations undermine this goal and make immigrants less likely to come forward. The lawsuit argues the deportations violate the promise of protection for vulnerable crime victims who cooperate.

The details

The lawsuit, ICWC v. Noem, was filed by the Center for Human Rights and Constitutional Law on behalf of eight named plaintiffs and four immigrant rights groups. It accuses the Trump administration of ignoring the deferred action status granted to U visa applicants and deporting them anyway, as well as deporting people who haven't yet received the status but may be eligible. The plaintiffs include immigrants like Carmen, who called the police on her abusive husband, only to be deported back to him after her U visa application was denied.

  • In 2000, Congress created the U visa pathway as part of the reauthorization of the Violence Against Women Act.
  • Carmen applied for a U visa in March 2025, shortly after her husband was deported for assaulting her.
  • In June 2025, ICE detained Carmen and her son and sent them to a family detention center in Dilley, Texas.
  • The following month, ICE deported Carmen and her son back to their home country, where her abusive ex-husband was waiting for them at the airport.

The players

Carmen F.

An immigrant from South America who called the police on her abusive husband, leading to his deportation. She then applied for a U visa but was deported back to her home country, where her ex-husband was waiting for her.

Center for Human Rights and Constitutional Law

The nonprofit organization that filed the class-action lawsuit, ICWC v. Noem, on behalf of immigrant crime victims with pending visa applications who have been deported.

Erika Cervantes

An attorney who filed the lawsuit with co-counsel Sarah Kahn.

Cristina Velez

An advocate at the nonprofit Asista who worries the deportations will discourage immigrants from reporting crimes and cooperating with law enforcement.

Tricia McLaughlin

A former spokesperson for the Department of Homeland Security who defended the practice of deporting survivors with pending U visa applications.

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What they’re saying

“These individuals were given a promise that they would be protected as long as they were vulnerable and shared their story with the cops. Now all of a sudden the government casts that aside.”

— Erika Cervantes, Attorney

“If applying for U visas or T visas comes with a chance of removal, she worries fewer people will do it. 'That undermines the goals: encouraging cooperation with law enforcement and enhancing public safety.'”

— Cristina Velez, Advocate, Asista

“I believed that the U visa meant that we would finally be safe. [I]nstead, they put me and my child on a plane and sent us into the arms of the person we had sought protection from.”

— Carmen F.

What’s next

A judge is expected to issue a decision on the class-action lawsuit filed by the Center for Human Rights and Constitutional Law any day.

The takeaway

The Trump administration's practice of deporting immigrants with pending U visa applications, despite longstanding ICE policy, has put vulnerable crime victims like Carmen in grave danger of retaliation from their abusers. This undermines the purpose of the U visa program to encourage cooperation with law enforcement and enhance public safety.