## Facts

- Undocumented immigrant workers were recruited to New Orleans after Hurricane Katrina to repair storm-damaged apartments at the Audubon Pointe complex.
- The workers alleged they were promised decent pay and living conditions but were housed in damaged, overcrowded units and provided inadequate food and housing.
- The workers claimed defendants withheld or underpaid wages and used threats tied to immigration status (including eviction and deportation) to deter complaints.
- The workers sued Audubon-related entities and an officer, asserting federal wage-and-hour claims under the Fair Labor Standards Act and forced-labor/trafficking claims under the Trafficking Victims Protection Act.
- After the suit was filed, defendants reported the workers’ undocumented status to immigration authorities; some workers were detained and faced removal proceedings.
- The workers filed emergency motions requesting judicial certification for U-visa purposes so they could seek temporary lawful status while alleged trafficking-related conduct was investigated.

## Issues

1. Whether allegations of forced labor, involuntary servitude, and trafficking asserted in a civil action can constitute qualifying “criminal activity” for U-visa certification.
2. Whether the workers’ allegations plausibly showed “substantial physical or mental abuse” as required for U-visa eligibility.
3. Whether a federal district court may provide U-visa-related certification in a case presenting trafficking and forced-labor allegations.

## Decision

- The court rejected defendants’ arguments that U-visa certification was unavailable because the workers’ lawsuit was civil rather than criminal.
- The court found the alleged conduct (forced labor, involuntary servitude, trafficking-related coercion) could qualify as the type of criminal activity contemplated by the U-visa framework.
- The court concluded the workers’ allegations, including coercion through threats and degrading living and working conditions, were sufficient to satisfy the substantial physical or mental abuse component at the certification stage.
- The court granted the workers’ emergency request for U-visa certification (or ordered appropriate certification) while the civil case proceeded.

## Legal Principles

- U-visa eligibility turns on whether the applicant is a victim of qualifying criminal activity and meets statutory conditions; it is not defeated solely because the victim’s allegations are presented in a civil lawsuit.
- Conduct that is criminal in substance (e.g., trafficking, forced labor, involuntary servitude) can support U-visa certification even when pursued through civil causes of action.
- “Substantial physical or mental abuse” may be shown through coercion and threats tied to immigration status, deprivation, and degrading living/working conditions, not only through overt physical assault.
- A federal court presiding over claims involving alleged qualifying criminal conduct may certify for U-visa purposes when the record supports victimization and helpfulness to investigation or enforcement.

## Conclusion

The court granted U-visa certifications to undocumented workers alleging wage theft and trafficking-related coercion, holding that civil pleading of trafficking-type conduct can satisfy the qualifying-criminal-activity requirement and that the asserted threats and conditions plausibly established substantial physical or mental abuse for certification purposes.


Garcia v. Audubon Cmtys. Mgmt., LLC, 2008 U.S. Dist. LEXIS 31221 (E.D. La. 2008)