9-402 - MPD U Visa/T Visa Certification Policy

The Minneapolis Police Department (MPD) is committed to ensuring the safety, dignity, and rights of all people, including undocumented victims of crime who may be eligible for U or T Visas. The Department recognizes the unique challenges faced by victims of serious crimes and human trafficking and values its role in fostering trust and providing pathways to justice and healing.

The MPD is dedicated to supporting potential U and T Visa recipients by facilitating access to necessary certifications for U and T Visa applications, as required by law. This commitment underscores the Department's mission to serve all people of the community equitably, protect vulnerable populations, and build a city where trust and collaboration thrive.

Under federal law, victims and witnesses of certain qualifying crimes may be eligible to obtain temporary immigration status through a U Visa or T Visa as authorized by the U.S. Citizenship and Immigration Services (USCIS) (see 8 U.S.C. § 1101(a)(15)(U), 8 U.S.C. § 1101(a)(15)(T)).

Requests for Certification

1. If a victim or witness requests certification for a U Visa or T Visa, the MPD Chief or the Chief’s designee may assist by completing the appropriate Department of Homeland Security (DHS) forms:

• Supplement B for Form I-918 (U Visa certification)
• Supplement B for Form I-914 (T Visa certification)

2. The certification must include details explaining how the person has been, is being, or is likely to be helpful in the investigation or prosecution of a qualifying crime.
3. All requests for certification shall be directed to the U Visa unit for reviewing and processing such requests.

Certification Process

1. All requests for U or T Visa certifications will be evaluated on a case-by-case basis and processed solely by the Chief or the Chief’s designee.
2. The amount of time that has elapsed since the crime occurred may impact the evaluation. Victims are encouraged to provide detailed information, evidence, and explanations regarding their cooperation and any delays in submitting the certification request.
3. The certification process must include verification of the following for both U and T Visas:

1. The person is a victim of a qualifying crime or a derivative applicant (i.e., family member of the victim under federal law).

2. The crime occurred in the United States or violated U.S. extraterritorial law.
3. The victim has been, is being, or is likely to be helpful in the investigation or prosecution of the crime.

Specific Requirements for U Visa Certification

(See Form I-918, Supplement B)

To certify a U Visa application, the Chief’s Designee must verify that:

1. The undocumented person was a victim of a qualifying criminal activity (e.g., domestic violence, sexual assault, human trafficking, extortion, or similar crimes).
2. The person has knowledge about the crime and has been or is being helpful to law enforcement in the investigation or prosecution.
3. MPD has determined the victim’s helpfulness by reviewing evidence of cooperation, even if the investigation or prosecution was not completed.

Specific Requirements for T Visa Certification

(Form I-914, Supplement B)

To certify a T Visa application, the Chief’s Designee must verify that:

1. The undocumented person was a victim of a severe form of human trafficking (e.g., labor or sex trafficking).
2. Derivative applicants may include the victim’s spouse, children, parents, or unmarried siblings under specific age and relationship criteria outlined by federal law.
3. The victim must demonstrate cooperation with law enforcement efforts to investigate or prosecute the trafficking case.

Timelines and Documentation

1. Certification requests shall be completed within 30 business days of receipt.

1. For applicants in immediate removal proceedings, certifications shall be completed within 5 business days of receipt.

2. Exceptions may apply during states of emergency or other extraordinary events impacting MPD operations.

2. Completed certifications will be returned to the victim or their representative. The Chief’s designee shall not send the certification directly to DHS; this is the responsibility of the victim or their representative.
3. In cases where certification is denied, the Chief’s designee shall document the decision in the case file and notify the victim or their representative of the decision.
4. All approvals and denials of certifications shall be tracked in an internal log maintained by the U Visa unit.

• Confidential Informant:

  A person who cooperates with a law enforcement agency confidentially in order to protect the person or the MPD’s intelligence gathering or investigative efforts, and:

  1. Seeks to:
     1. Avoid arrest or prosecution for a crime; or
     2. Mitigate punishment for a crime in which a sentence will be or has been imposed; or
     3. Receive a monetary or other benefit;
  2. Is able, by reason of the person’s familiarity or close association with suspected criminals, to:
     1. Make a controlled buy or controlled sale of contraband, controlled substance, or other items that are material to a criminal investigation;
     2. Supply regular or constant information about suspected or actual criminal activities to a law enforcement agency;
     3. Otherwise provide information important to ongoing criminal intelligence gathering or criminal investigative efforts.
• Investigation: A structured process of gathering, examining, and evaluating facts and evidence to determine what occurred, assess compliance with laws and policies, and support appropriate actions or decisions.
• Sex Trafficking:

  Sex trafficking means:

  1. Receiving, recruiting, enticing, harboring, providing or obtaining by any means an individual for prostitution; or
  2. Receiving profit or anything of value, knowing or having reason to know it is derived from an act of prostitution.
• Sexual Assault: Sexual contact or penetration with another person in a criminal manner as identified in MN Statute sections 609.342 to 609.3451.