Possible changes coming to INA 212(a)(6)(E)?

Apr 24, 2023

The Supreme Court of the United States recently agreed to review a case that could have significant implications for immigrants who are accused of trafficking or smuggling other people into the country. The case is United States v. Glenn Marcus, No. 20-645, and it involves a man who was convicted of sex trafficking and forced labor under the Trafficking Victims Protection Act of 2000 (TVPA). The TVPA defines trafficking as "the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery." The TVPA also criminalizes smuggling as "knowingly assisting, abetting, or aiding only an individual who the person knows has come to, entered, or remained in the United States in violation of law to further the individual's illegal entry into or illegal presence in the United States."

The question before the Supreme Court is whether the TVPA requires the government to prove that the defendant obtained a benefit from the trafficking or smuggling activity, as some lower courts have held, or whether it is enough to show that the defendant engaged in the prohibited conduct, as other courts have ruled. The answer could affect many immigrants who are charged with trafficking or smuggling offenses based on their involvement in bringing their family members or friends into the country. For example, a parent who pays a smuggler to bring their child across the border could be prosecuted for trafficking if they are deemed to have obtained a benefit from having their child with them in the United States. Similarly, a spouse who helps their partner enter the country illegally could face trafficking charges if they are found to have coerced or deceived them into doing so.

The Supreme Court's decision could also impact immigrants who are seeking visas based on their status as victims of trafficking or smuggling. Under the TVPA, certain immigrants who have suffered severe forms of trafficking or who have been subjected to extreme cruelty while being smuggled may be eligible for T visas or U visas, respectively. These visas allow them to remain and work in the United States and eventually apply for permanent residency. However, if they are found to have participated in or benefited from the trafficking or smuggling of others, they may be denied these visas and face removal proceedings.

The Supreme Court is expected to hear oral arguments in United States v. Glenn Marcus in February 2023 and issue a ruling by June 2023. The outcome of this case could have far-reaching consequences for immigrants who are involved in or affected by trafficking and smuggling activities. It could also clarify the scope and meaning of the TVPA, which is one of the main federal laws that address these serious human rights violations.

Apr 24, 2023