United States’ Programs for Providing Assistance to Victims of Severe Forms of Human Trafficking

1. United States’ Programs for Providing Assistance to Victims of Severe Forms of Human Trafficking Lisa López Office of Policy & Strategy

2. The United States has a commitment of protecting victims of human trafficking. Protection may be in the form of assistance to victims and witnesses of human trafficking. Providing assistance to victims and witnesses of human trafficking crimes may aid in the prosecution and provides a needed humanitarian service. Introduction

3. US Legislation Government Departments and Agencies involved Types of assistance For non- United States citizens or legal permanent residents For all Summary Overview

4. The Trafficking Victims Protection Act of 2000 (TVPA), as Amended in 2003 and 2005, provides the legal framework for prevention of the crime, prosecution of the crime, and protection to victims of severe forms of trafficking. Many states have created their own legislation to strengthen the TVPA at a state and local level. US Legislation

5. Provided a rage of new protections and assistance for victims of trafficking in persons Expanded the crimes and enhanced the penalties available to federal investigations and prosecutors pursuing traffickers Expanded U.S. activities internationally to prevent victims from being trafficked Importance of Trafficking Victims Protection Act

6. Trafficking victims may be eligible for federally funded or administered health and other benefits and services as if they were refugees including: Shelter Access to social benefits for food and medicines Medical care (physical and psychological) Assistance with education Assistance in finding employment Interpretation services Other benefits may include: Immigration Benefits (employment authorization and possibility of becoming a legal permanent resident) Repatriation Restitution Possible Benefits Under the TVPA

7. Department of Homeland Security U.S. Citizenship and Immigration Services Immigration and Customs Enforcement Department of Health and Human Services Office of Refugee Resettlement Department of Justice Office of Victim Services Department of State Bureau of Population, Refugees, and Migration U.S. Government Departments & Agencies

8. Continued Presence T Non-immigrant Visa Permanent Residence Immigration Benefits

9. Department of Homeland Security-Immigration and Customs Enforcement has authority to grant CP to victims of severe forms of trafficking who are potential witnesses in the investigation or prosecution of a crime of a severe form of trafficking. Temporary status, applied for by a law enforcement officer that permits an alien to be legally present in the United States during the pendency of the investigation. If granted CP, individual is eligible for employment authorization Usually issued for 1 year but may be extended Fiscal Year 2006: Issued 112 CPs and 80 extensions. Countries with highest number of victims: Mexico, El Salvador, and South Korea. Immigration Benefits: Continued Presence (CP)

10. Is or has been a victim of a severe form of trafficking in persons Would suffer extreme hardship involving unusual and severe harm upon removal from the United States Is physically present in the United States Has complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking OR is under the age of 18 4 Eligibility Requirements for T-Nonimmigrant Visa

11. Applicant must show that he/she was recruited, harbored, transported, provided, or obtained specifically for either labor services, or the purposes of a commercial sex act; AND There was an element of force, fraud, or coercion involved to make the victim engaged in labor, services, or commercial sex act; AND For labor services: the use of force, fraud, or coercion must be for the purpose of subjecting the victim to involuntary servitude, peonage, debt bondage, or slavery Who is a victim?

12. T-1: eligible victim of trafficking T-2: spouse T-3: child T-4 Parent of an alien who has not attained the age of 21 T-5: siblings of an alien who has not attained the age of 21 Who can receive a T Non-immigrant visa?

13. An applicant present because he or she is being subjected to a severe form of trafficking in persons; or Who was recently liberate from a severe form of trafficking in persons; or Was subject to a severe form of trafficking in the past and whose continued presence in the United States is directly related to the original trafficking in persons; or If the applicant escaped the traffickers before law enforcement became involved, he or she must show that they did not have a clear chance to depart the US (exceptional circumstances are taken into consideration). Physical Presence

14. Age of victim and personal circumstances Serious mental or physical illness Nature and extent of physical and psychological consequences Loss of access to U.S. courts Home country would penalize applicant likelihood of re-victimization Likelihood of retribution Likelihood that applicant’s safety would be seriously threatened Factors to determine extreme hardship involving unusual & severe harm upon removal from the US

15. Requirement of law enforcement certification that victim was complied with any reasonable request for assistance in the investigation or prosecution of the perpetrators of trafficking crimes; Requires the endorsement of a law enforcement agency. May submit other evidence such as trial transcripts, police reports, a state or evidence to demonstrate that good faith efforts were made to obtain a law enforcement endorsement If under the age of 18, law enforcement certification not required Complying with assistance to investigations or prosecutions

16. T Nonimmigrant Visa Holders may be eligible to become a permanent resident Conditions: Has been physically present in the United States for a continuous period of at least 3 years since the date of admission under a T-Visa; Has, throughout such period, been a person of good moral character; and Has, during such period, complied with any reasonable request for the assistance in the investigation or prosecution of acts of trafficking P would suffer extreme hardship involving unusual and severe harm upon removal. Currently pending regulations that will allow for this process. Permanent Residency

17. Six Adjudications Officers and other clerical staff Receive specialized training relating to victim based filings Provide customer service to assist un the filing process Also adjudicate cases under the Violence Against Women Specialized Trafficking Visas Unit

18. Since the TVPA was signed into law in 2000, USCIS has issued a total of 1,008 visas to human trafficking survivors and another 906 T-Visas to immediate relatives. Specifically: Fiscal Year 2007: 279 for victims and 261 for immediate relatives Fiscal Year 2006: 192 for victims and 106 for immediate relatives. T Nonimmigrant Visa Statistics

19. Services are intended to assist victims between the period of time they are encountered by law enforcement, and when they are "certified" to receive other benefits through the Department of Health and Human Services. Provides grants to state and local agencies as well as non-governmental organizations to provide services to victims. Provides guidelines and specialized training for personnel to work with victims. Including training on the different services and benefits the victim is eligible for and special guidelines for assisting children. Department of Justice: Office of Victim Services (OVC)

20. Helps refugees and adult victims of severe forms of trafficking obtain economic and social self-sufficiency in the US. Responsible for certifying adult victims of human trafficking so that they may receive federally funded benefits and services to the same extent as refugees. As of March 2007 had certified 1,175 victims from 77 countries since the TVPA was signed into law in 2000 (including domestic & foreign victims). In FY 2006, certified 234 foreign victims from an array of countries. Primary sources: El Salvador (62), Mexico (47), Republic of Korea (20, Honduras (17). Department of Health & Human Services: Office of Refugee Resettlement (ORR)

21. Since 2005 DOS sponsored IOM’s Return, Reintegration, and Family Reunification Program for Victims of Trafficking in the United States The program enables victims to bring their eligible family members to the US. IOM works with NGOs, law enforcement agencies, the faith-based community, and U.S. agencies to assist the families of identified trafficking victims. IOM may provide pre-departure support (travel documentation & transportation arrangements, airport assistance, and special escort for unaccompanied children.) Also provides safe and humane return to countries of origin for victims who want to return home. Upon arrival they may receive reintegration assistance to prevent re-trafficking. PRM funding has reunited 62 people with their families in the US and helped five victims return voluntarily to their countries of origin. Department of State’s Bureau of Population, Refugees, & Migration Partnership with the Int’l Organization for Migration

22. Victim services are provided by many federal government Departments and Agencies, often in collaboration with state and local governments and with non-governmental organizations. Victims of trafficking may receive immigration benefits if they collaborate in the investigation or prosecution of a perpetrator of this crime. US citizens, permanent residents, and aliens with no status may receive social and health services. Individuals who work with trafficking victims should receive specialized training to work with this vulnerable population. Summary

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