T-Visas: Immigration Relief for Survivors of Human Trafficking

1. T-Visas: Immigration Relief for Survivors of Human Trafficking Chicago Bar Foundation – Pro Bono Week October 27, 2008 http://www.immigrantjustice.org

2. National Immigrant Justice CenterPartner of the Heartland Alliance for Human Needs and Human Rights • Promotes human rights and access to justice for immigrants, refugees, and asylum seekers through legal services, policy reform, impact litigation, and public education • Provides legal education and representation to low-income immigrants, asylum seekers, and refugees, including survivors of domestic violence and victims of crimes, detained immigrant adults and children, victims of human trafficking, as well as immigrant families and others

3. What is human trafficking? The crime defined: To knowingly recruit, harbor, transport, provide or obtain by any means, any person for labor or services in violation of the laws against peonage, slavery, involuntary servitude or forced labor. 18 USC § 1590

4. Scope of the Issue • 14,500-17,500 persons trafficked annually to the United States • Two million people trafficked annually across borders worldwide • Twenty-seven million people in slavery around the world

5. Crime or violation against a person Contains element of coercion Subsequent exploitation and/or forced labor Trafficked persons seen as victims Cannot consent to being trafficked Trafficking v. Smuggling • Illegal crossing of an international border • No coercion • Illegal entry only • Smuggled persons seen as violators of the law

6. The U.S. Response • Trafficking Victims Protection Act (TVPA), passed as part of Trafficking and Violence Prevention Act of 2000 (VAWA II) • Trafficking Victims Protection Reauthorization Act (TVPRA) (2003) • Violence Against Women Reauthorization Act of 2005 (VAWA III)

7. TVPA of 2000 - Highlights • Protection: Provides trafficked persons immigration relief and other benefits • Prosecution: Defines new crimes of trafficking and forced labor • Prevention: Publishes annual Trafficking In Persons Report on countries’ efforts in combating trafficking

8. Immigration Relief and Other Benefits • Continued Presence: short-term immigration relief • T-Visa: long-term immigration relief • Benefits: Federal and state public assistance benefits

10. Continued PresenceLegal protection from removal • Short-term relief • Only federal law enforcement can request • Granted by Department of Homeland Security • Does not confer immigration status • Can simultaneously request employment authorization • 2-6 weeks to process

11. Continued Presence Application • Continued presence request form • Form I-102 (for initial or replacement I-94 arrival/departure document) • Form I-765 (for employment authorization) • G-28 (Notice of Entry of Appearance) • Passport photos of client • Client’s fingerprints

12. T-Visa: Long-Term Relief • Legal status for four years • Work authorization for four years • Eligibility for federal and state public benefits • Eligibility to adjust to permanent resident status after three years

13. T-Visa: Who is eligible? • Victim of a severe form of trafficking in persons • Physically present in the US on account of human trafficking • Is willing to cooperate with any reasonable request for assistance in investigation of acts of trafficking [cooperation not required of minors] • Would suffer extreme hardship involving unusual and severe harm on removal

14. Sex trafficking: commercial sex act is induced by force, fraud, or coercion OR the person induced to perform commercial sex act is not yet 18 years old Labor trafficking: recruiting, harboring, moving, providing or obtaining a person for labor or services through force, fraud, or coercion for the purpose of subjecting him/her to involuntary servitude, peonage, debt bondage, or slavery Severe Forms of Trafficking in Persons

15. Sex trafficking: commercial sex act is induced by force, fraud, or coercion OR the person induced to perform commercial sex act is not yet 18 years old Severe Forms of Trafficking in Persons Labor trafficking: recruiting, harboring, moving, providing or obtaining a person for labor/services through force, fraud, or coercion, for the purpose of subjecting him/her to involuntary servitude, peonage, debt bondage, or slavery

16. T-Visa Application • Cover letter • Memorandum of law • Form I-914: Application for T Nonimmigrant Status • Form I-914, Supplement B: Law Enforcement Certification • Form G-28: Notice of Entry of Appearance as Representative • Form I-192 (if applicable): Application for Advance Permission to Enter as a Non-Immigrant (with $545 fee until new regulations issued) • Biometric fee and passport photos • Supporting evidence: victim’s affidavit, country conditions, letters from counselors, etc.

17. T-Visa: Supporting Evidence • Primary evidence of cooperation with law enforcement: Form I-914 Supplement B completed by federal law enforcement agent • Secondary evidence of cooperation with law enforcement : Form I-914 Supplement B completed by state or local law enforcement agent

18. Supporting Evidence: Affidavit Draft statement in client’s own voice Include objective and subjective elements Be prepared to review with your client and revise many times Use statement to establish all required elements for T-Visa Remember that this is the only opportunity USCIS has to “meet” your client

19.    Recruiting Harboring Moving or Obtaining a person, by Force Fraud or Coercion (psychological or physical) For the purposes of Involuntary Servitude, Debt Bondage, Slavery, or Sex Trade Three Elements Necessary to Meet Trafficking Definition • What happened when you arrived? • What was it like when you started to work? • How did your job compare to what you expected? • How did you migrate? • How did you find out about the job? • Were you paid? How much? How often? • Did you try to leave your job? What happened? • Are you afraid of your employer? Why?

20. If applicant is under 21: Spouse Parents Children Unmarried siblings under age 18 T-Visa: Derivative Applicants T-Visa applicants can include certain relatives as derivative applicants • If applicant is over 21: • Spouse • Unmarried children under 21

21. Important Considerations for Communicating with Client • Survivor may not identify self as victim of a crime • Survivor should always be allowed to speak for him or herself • Building trust is key • Non-judgmental environment is essential • Allow survivor to gain control over his or her situation

22. Cultural Assumptions • Degree of connection of trafficking survivor with own ethnic community • Degree of support of ethnic community for trafficking survivor • Individual identity vs. group identity • View of mental health services • View of social services • Communication style • Class issues

23. For more information: Sehla Ashai Staff Attorney Counter-Trafficking Project National Immigration Justice Center 208 South LaSalle Street Suite 1818 Chicago, Illinois 60604 (312) 660-1322 This project was supported, in part, by Grant No. 2003-VT-BX-K003 awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect those of the U.S. Department of Justice.