Responding to Foreign Child Victims of Trafficking. Anti-Trafficking in Persons Division Office of Refugee Resettlement U.S. Department of Health and Human Services. Overview. Human Trafficking Overview Identifying Victims of Trafficking HHS/ORR Response to Human Trafficking
Responding to Foreign Child Victims of Trafficking
Anti-Trafficking in Persons Division
Office of Refugee Resettlement
U.S. Department of Health and Human Services
Human Trafficking Overview
Identifying Victims of Trafficking
HHS/ORR Response to Human Trafficking
HHS/ORR Anti-Trafficking Resources
* Traffickers are manipulators who are skilled at gaining the trust of victims and preying on their vulnerabilities to recruit them into the trafficking situation.
* Department of State’s 2014 Trafficking in Persons Report: http://www.state.gov/j/tip/rls/tiprpt/index.htm
The Trafficking Victims Protection Act of 2000 (TVPA) defines severe forms of trafficking in persons as the recruitment, harboring, transportation, provision, or obtaining of a person for:
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; or
(2) For the purpose of a commercial sex act in which the sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.
Action: recruitment, harboring, transportation, provision, or
obtaining of a person
Means: use of force, fraud, coercion
Purpose: subjection to commercial sex*, involuntary
servitude, peonage, debt bondage or slavery
*Any child (under 18) who is induced to perform a commercial sex act is, by federal law, a victim of a severe form of trafficking in persons. Means need not apply.
Crime against a person
Victims either do not consent to their situations, or if they initially consent, that consent is rendered meaningless by the actions of the traffickers.
Exploitation of victims to generate illicit gains for the traffickers.
Trafficking need not entail the physical movement of a person (but must entail the exploitation of the person for labor or commercial sex)
Crime against a country
The transaction is mutual and usually ends upon arrival at desired destination.
Business arrangement between smuggler and person wanting to facilitate the illicit crossing of a nation’s border.
Smuggling is always transnational.
Identifying Victims of Trafficking
Minor (under 18) involved in commercial sex
Forced to live at workplace or with employer
Employer keeping identification documents
Works long hours, in exploitive labor, under bad conditions
Unpaid, under paid, or giving over all earnings to someone else
Increasing or unending debt
Unable to choose residence or job
Recruited with false promises
Agreement changes upon arrival
Fear or false hope
Interrupted, clandestine journeys
Potential Trafficking in other Criminal Activities
Provide a safe and confidential environment
Clarify your role
Allow the child to make choices – where they would like to sit, when they would like to take a break or stop the interview
Use child-friendly language
Avoid leading questions and ask open-ended questions around the edges of the child’s experience
Use a qualified interpreter, if needed
Limit interviews by utilizing Child Advocacy Center model when possible
Give consideration to the role that trauma may play in the child’s response to the interview process
Assess child’s age and brain development prior to conducting interview
Take time to build rapport
*Minors induced to perform a commercial sex act are victims of human trafficking, regardless of force, fraud, or coercion.
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS)ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF)OFFICE OF REFUGEE RESETTLEMENT (ORR) ATIPDCS UAC URM* There are other ORR divisions (DRA, DRS, and DRH) that assist refugee populations, but DCS and ATIP specifically address the needs of child victims of trafficking.
DIVISION OF ANTI-TRAFFICKING IN PERSONS (ATIP)
Created to implement the Trafficking Victims Protection Act of 2000 (and subsequent reauthorizations)
DIVISION OF CHILDREN’S SERVICES (FORMALLY DUCS)
Created by the Homeland Security Act of 2002; transferred care/placement of Unaccompanied Alien Children (UAC) from Immigration and Naturalization Services (INS) to ORR in 2003
Provides temporary shelter to UAC, including those who are potential or eligible victims of trafficking.
UNACCOMPANIED REFUGEE MINORS (URM) PROGRAM
Created in 1979 to serve unaccompanied children coming to the U.S. from refugee camps.
A long-term placement option for eligible, UAC victims of trafficking.
Rescue & Restore Victims of Human Trafficking public awareness campaign
Rescue & Restore Regional Program
Comprehensive case management services for foreign victims of trafficking
National Human Trafficking Resource Center (NHTRC):1-888-373-7888
Certification and Eligibility Letters
Request for Assistance for Child Victims of Human Trafficking form
Provides information for ORR to determine if a child may be eligible for assistance
Submit forms to: [email protected] or by fax to: 202-401-5487
Ensure the case summary reflects the elements of the federal definition of a severe form of trafficking.
State facts and child’s statements only, no assumptions please.
Be specific, but only information germane to the trafficking situation is necessary.
If interviewing the child, remember to take a child-focused, victim-centered approach.
Use open-ended questions that will not be leading, and will allow for detailed responses.
Section 107(b)(1)(G) of the TVPA:
“Not later than 24 hours after a Federal, State, or local official discovers that a person who is under 18 years of age may be a victim of a severe form of trafficking in persons, the official shall notify [HHS] to facilitate the provision of interim assistance ....”
Contact us at: [email protected]
Issued by ORR to a foreign child who is determined by ORR to be a victim of a severe form of human trafficking
Cooperation with law enforcement is not a requirement for foreign children to be issued an Eligibility Letter
Receipt of Continued Presence, a bona-fide T visa determination or T nonimmigrant status is not required for a foreign child to be issued an Eligibility Letter
Eligibility Letters do not expire
ORR issues an Interim Assistance Letter to a foreign child who may have been subjected to trafficking
It provides a 90-day period of eligibility for benefits while the case is under ORR/ATIP review and additional information is collected.
After issuing interim assistance, HHS/ORR is required to consult with the U.S. Departments of Justice and Homeland Security and nongovernmental organizations with expertise on victims of trafficking before determining the child's eligibility as a victim of trafficking.
Cooperation with law enforcement is not a requirement for a foreign child to be issued an Interim Assistance Letter
ORR State Letter regarding Interim Assistance:
Access to benefits and services to the same extent as a refugee, to include, but not limited to:
Medicaid or Children’s Health Insurance Program (CHIP)
Temporary Assistance for Needy Families (TANF)
Free Application for Federal Student Aid (FAFSA)
Food Stamps (SNAP)
If yes, you are required by federal law to notify HHS to facilitate assistance. (22 USC § 7105(b)(1)(G))
Call an ORR/ATIP Child Protection Specialist at 202-205-4582.
If yes, contact your local child welfare agency to make a report. Note: Mandated reporter laws and child protection policies vary greatly depending on your jurisdiction. If you have any questions, reach out to your local child welfare agency.