Senator Tom Cotton has been fighting illegal immigration in the United States for a long time. In an effort to address fraudulent practices associated with the U-Visa, Cotton has reached out to DHS Secretary Markwayne Mullin, seeking to enhance the program’s effectiveness and reduce its vulnerability to fraud.
“The U visa program operates as a de facto amnesty program for hundreds of thousands of illegal aliens. I’m urging Secretary Mullin to investigate this fraud-riddled program,” tweeted Cotton on X.
In the letter to Mullin, Cotton noted, “Congress created this program to assist law enforcement with investigating and prosecuting serious crimes. Instead, criminal illegal aliens are reportedly exploiting loopholes to gain permanent legal status.”
As of June 2025, more than 400,000 U visa petitions remain pending at United States Citizenship and Immigration Services (USCIS), even though Congress limits approvals to 10,000 principal visas per year.
Cotton wants Mullin’s answers on two questions: “What, if any, new or modified authorities does DHS require to close loopholes within the U visa program?” as well as “how can Congress assist in reducing the backlog of more than 400,000 U visa petitions?”
What is a U Visa
A U visa is available to victims of certain crimes who have suffered mental or physical abuse and who have been helpful to law enforcement in the investigation or prosecution of criminal activity.
The U Visa category has experienced instances of misuse through staged criminal activities. During the staged robberies, the “robber” would intimidate store clerks or owners with firearms before stealing cash from the register and escaping, with the encounter captured on store surveillance footage. The clerks and owners would then wait five or more minutes for the “robber” to flee before calling police to report the “crime.” In such events, the store owners or the ‘victims’ pay up to $20,000 to participate as a victim in the staged armed robberies.
This makes them eligible for a U visa, and thereafter, one is eligible to apply for a Green Card or adjustment of status and permanent residence. For that, they have to be physically present in the United States for a continuous period of at least three years while in a U non-immigrant status and not unreasonably refused to assist law enforcement since they received their U visa.
Cotton calls the U visa program a de facto amnesty program for hundreds of thousands of illegal aliens. How the structure of the U Visa program changes remains to be seen.
Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. While we strive to provide accurate updates, readers are strongly advised to verify the latest requirements with the official embassy, consulate, or government portal of the respective country. Not all U visa petitions involve fraudulent activity. The U visa programme was established by Congress to protect genuine victims of serious crimes who assist law enforcement, and thousands of legitimate applicants await processing each year. Financial Express is not responsible for any decisions made based on this information.