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William Wilberforce TVPRA. Trafficking Victim’s Protection Reauthorization Act of 2008 Section 235 - Effective March 23, 2009 Naomi Jiyoung Bang, STCL Asylum/HT Clinic. TVPRA and UACs. Federal law preventing human trafficking

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William wilberforce tvpra

William Wilberforce TVPRA

Trafficking Victim’s Protection Reauthorization Act of 2008

Section 235 - Effective March 23, 2009

Naomi Jiyoung Bang, STCL Asylum/HT Clinic

Tvpra and uacs

  • Federal law preventing human trafficking

    • Section 235 (2008) – designed to protect children and return them

  • Substantive changes to immigration legal relief for UACs.

  • More child-sensitive procedures and protections for UACs in custody and detention.

  • (*Flores Agreement of 1997, DHS Security Act of 2002)

Unaccompanied alien child uac
Unaccompanied Alien Child (UAC)

  • NO lawful immigration status in US

  • UNDER 18 years of age

  • NO parent or legal guardian in the US or

  • NO parent or legal guardian in the US available to provide care

Contiguous non contiguous

  • Non-Contiguous countries (Honduras, El Salvador, Guatemala) (20% to 75+%)

    • Section 235 (b)

  • Contiguous countries: (Mexico and Canada) Section 235 (a)

    Within 48 hours, determine

    1. victim of a severe form of trafficking

    2. possible claim to asylum

    3. independent decision to voluntarily return

The players
The Players

  • CBP - Customs and Border Protection apprehends, processes, and detains UACs at border.

  • ICE - Immigration and Customs Enforcement transports to HHS-ORR custody.

  • HHS - Department of Health and Human Services/Office of Refugee Resettlement - care/custody UACs screening, best interests

  • USCIS – US Citizenship and Immigration Services adjudicates UAC asylum applications.

  • EOIR-DOJ - Executive Office of Immigration Review does removal proceedings. Immigration courts.

Tvpra and remedies
TVPRA and remedies

  • UAC ASYLUM – refugee/fear/persecution

  • T visa – visa for victims of severe trafficking

  • SIJS – special immigrant juveniles – abused, neglected or abandoned, reunification not viable with family

Tvpra and legal benefits
Tvpra and legal benefits

  • Exempt from various filing deadlines and barriers (e.g. one-year filing deadline, safe third country limitation)

  • Allowed to proceed with Asylum Office (USCIS), and not the judge, EVEN if already in removal

  • Expanded various definitions under Special Immigrant Juvenile Status to allow more relief

  • Pardoned from disqualifying factors at green card level (waivers for ewi, fraud)

Tvpra and procedural changes
Tvpra and procedural changes

  • Transfer to the care/custody of DHHS/ORR, 235(b) from DOJ/DHS

  • Voluntary departure at govt. expense, 235(a)(5)(D)

  • “… the Secretary of Health and Human Services is obliged to provide these children access to counsel, including pro bono counsel, to provide free legal services to these children.

    TVPRA § 235(a)(5)(E)(iii

Ethics alert sympathetic cases with child victims
Ethics alert: Sympathetic Cases with Child Victims!

  • Asylum

    • Victims of persecution

    • Gang/family violence

  • SIJ (abused, abandoned, neglected)

  • T visa (trafficking victims)

Client benefits motives
Client Benefits/Motives…

  • Legal immigration status

  • Employment authorization

  • Legal Reprieve – from pending deportation.

  • Benefits for derivatives

    • Parents, siblings

Ethical red flags
Ethical Red Flags

Client Backgrounds/Framework:

Client’s misinformation

Cultural differences re honesty

Language barriers – no English

Lawyer’s emotions will be tested:

Young or NEW practitioners

Consequences are high -- life or death

Aba rule 3 3 candor towards tribunal
ABA Rule 3.3 Candor towards Tribunal*

  • (a) A lawyer shall not knowingly:

  • (1) make a false statement of fact or law to a tribunal or fail to correct a false statement..

  • (3) offer evidence that the lawyer knows to be false.

  • *USCIS government agency


  • ABA Rule 8.04(a)(3) – A lawyer shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation.

  • Good intentions are not a defense.


  • Use good translators/assistants

    • Objective view of case/client

  • Corroborated documents

    • Police reports, hospital records

  • Review and review sworn affidavits

  • Work closely with Mentor/Clinic


Come one come all
Come one, come all!

  • August 29, 2014

    8:30 to 12:30 (TBD)

  • Nuts and Bolts CLE

  • @ South Texas College of Law

  • 4 hours CLE credit

  • Email: [email protected]