As described in JM § 9-72.100, an S visa grants an alien who is otherwise inadmissible to or deportable from the United States special status to remain in the United States temporarily for up to three years. See 8 U.S.C. § 1101(a)(15)(S). In addition to the S visa, law enforcement can request that the Secretary of Homeland Security or his or her designee exercise discretion under other authorities to permit an otherwise deportable alien to be lawfully brought into or remain in the United States to act as a witness or to otherwise support an investigation or prosecution. See, e.g., 8 C.F.R. § 212.5(b)(4) and (5). Sponsoring entities monitor and report regularly on the whereabouts of the aliens who are applying for or have been granted such special status. See, e.g., 8 CFR § 214.2(t)(7) and Form I-854.

Direct sponsorship of an alien for an S visa or other special status, as well as monitoring and reporting on aliens who are applying for or have been granted special status, should be undertaken only by law enforcement agents, not by federal prosecutors or other employees in the United States Attorneys’ offices (USAOs), with the following limited exception. In the unusual event that no law enforcement agency is willing to undertake or continue such sponsorship, monitoring, and/or reporting, United States Attorneys’ offices that employ sworn federal agents who are formally designated as Special Deputy U.S. Marshals, may seek approval from the Deputy Attorney General’s Office to allow these sworn Special Deputy U.S. Marshals to undertake sponsorship, monitoring, and reporting in the first instance, or to continue monitoring and reporting on special status aliens previously sponsored by a law enforcement agency. Among the factors impacting the decision to approve such a request by a USAO to directly sponsor, monitor, and/or report on an alien pending or in such special status are the reasons why no other federal law enforcement agency will undertake the responsibilities and requirements and the principal alien’s impact on a successful outcome in the particular investigation or case. When seeking such approval, USAOs should first notify the Executive Office for United States Attorneys, which will track all such requests, including, if ultimately granted, the expiration date of the alien’s special status.

[updated January 2020]