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An Introduction to Child Trafficking for Social Service Providers: Identifying and Serving Survivors.

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1 An Introduction to Child Trafficking for Social Service Providers: Identifying and Serving Survivors

2 Coalition to Abolish Slavery & Trafficking Founded in 1998 in response to El Monte Sweatshop. Founded in 1998 in response to El Monte Sweatshop. Mission: To assist persons trafficked for the purpose of forced labor and slavery-like practices and to work toward ending all instances of such human rights violations. Mission: To assist persons trafficked for the purpose of forced labor and slavery-like practices and to work toward ending all instances of such human rights violations. El Monte Sweatshop Workers, 1995 LA Times

3 CAST Services for Trafficking Survivors Housing/Basic Necessities: Emergency/transitional housing, affordable housing, tenants rights education, utilities info, food, clothing. Housing/Basic Necessities: Emergency/transitional housing, affordable housing, tenants rights education, utilities info, food, clothing. Medical: Immediate screening for injury/illness, documentation of injuries/scars, nutrition assessment, follow-up health care, vaccinations/TB/STD/HIV tests, chronic illness care, OB/GYN, dental, vision. Medical: Immediate screening for injury/illness, documentation of injuries/scars, nutrition assessment, follow-up health care, vaccinations/TB/STD/HIV tests, chronic illness care, OB/GYN, dental, vision. Education/Employment: Literacy, ESL/GED/vocational training, labor law education, career planning, job search. Education/Employment: Literacy, ESL/GED/vocational training, labor law education, career planning, job search. Life Skills: Cross-cultural education, transportation, signage, training to prevent exploitation, banking, financial budgeting. Life Skills: Cross-cultural education, transportation, signage, training to prevent exploitation, banking, financial budgeting. Legal Services: Immigration relief, victims-witness advocacy, civil case referrals, Long-term, comprehensive support for continuing legal needs. Legal Services: Immigration relief, victims-witness advocacy, civil case referrals, Long-term, comprehensive support for continuing legal needs.

4 Training Overview 1. Dimensions of Child Trafficking 2. Identifying Child Trafficking Survivors 3. Serving Child Trafficking Survivors 1. Case Management 2. Access to Shelter 3. Access to Benefits 4. Legal Framework

5 Dimensions of Child Trafficking Adapted from: CAST Presentation © Freedom Network 2003 Photos by J. Maillard, International Labour Organization

6 Human Trafficking is a Modern Day Form of Slavery Victims trafficked for: Victims trafficked for: Forced labor: Forced labor: Examples: restaurant work, agricultural work, domestic work, factory work, or illegal enterprises such as selling drugs and serving as decoys in smuggling cases. Sexual exploitation: Sexual exploitation: Examples: prostitution, use in pornography Child Trafficking: Child Trafficking: The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation constitutes trafficking in persons - Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, (Protocol), G.A. res. 55/25, annex II, 55 U.N. GAOR Supp. (No. 49) at 60, U.N. Doc. A/45/49 (Vol. I) (2001), Art. 3(c).

7 Human Trafficking is an Under Identified Crime Many people think of human trafficking as only an international problem Many people think of human trafficking as only an international problem Victims tend not to self-identify as trafficking victims Victims tend not to self-identify as trafficking victims Often victims are deported before their full story is known Often victims are deported before their full story is known

8 Some Estimates as to the Scope of the Problem: In the U.S. 14,500-17,500 men, women and children trafficked annually In the U.S. 14,500-17,500 men, women and children trafficked annually The estimates on the number of immigrant children being trafficked into the country annually range from 7,000 to 17,000.[1] The estimates on the number of immigrant children being trafficked into the country annually range from 7,000 to 17,000.[1] As many as 10,000 people in slavery like conditions in the Los Angeles area alone As many as 10,000 people in slavery like conditions in the Los Angeles area alone 2 million people trafficked worldwide annually 2 million people trafficked worldwide annually 27 million people in slavery around the world 27 million people in slavery around the world $9 billion dollar business $9 billion dollar business [1] Estes and Weiner, p [1] Estes and Weiner, p (United States Department of State, Trafficking in Persons Report, (TIP), June 2007)

9 Percentage of Child Trafficking Victims Around the World: (http://www.usdoj.gov/ag/annualreports/tr2007/agreporthumantrafficing2007.pdf, 4) [1] at pg 12 [2](http://www.usdoj.gov/ag/annualreports/tr2007/agreporthumantrafficing2007.pdf, 4)http://www.usdoj.gov/ag/annualreports/tr2007/agreporthumantrafficing2007.pdfhttp://www.gao.gov/new.items/d06825.pdfhttp://www.usdoj.gov/ag/annualreports/tr2007/agreporthumantrafficing2007.pdf CASTs caseload for addressed ~4% child victims of human trafficking. U.S. Government average is about 13% of cases identified From , only 131 child victims have been certified by the Federal government. [2]

10 Survivor Stories Lily, a young Egyptian girl was freed from a couple s home in Irvine, California, where she was forced to work as a domestic servant for two years. She was denied access to a formal education and was threatened with physical harm by the couple. [1] Lily, a young Egyptian girl was freed from a couple s home in Irvine, California, where she was forced to work as a domestic servant for two years. She was denied access to a formal education and was threatened with physical harm by the couple. [1][1] At age 15, Sofia was promised a job as a waitress in America. She was told that she would make enough money to pay off her smuggling debts in no time. Her prospects at home seemed dim, so along with her older sister, she agreed to go to California. When they arrived, they were forced into a prostitution ring run by human traffickers.[2] At age 15, Sofia was promised a job as a waitress in America. She was told that she would make enough money to pay off her smuggling debts in no time. Her prospects at home seemed dim, so along with her older sister, she agreed to go to California. When they arrived, they were forced into a prostitution ring run by human traffickers.[2] Jeffery, 16, was brought over to the U.S. by a family. He was told that he had to work for them at their store to pay off his travel debt. He worked eight hours a day, six days a week. He did not attend school. Eventually, the family told him to leave.[3] Jeffery, 16, was brought over to the U.S. by a family. He was told that he had to work for them at their store to pay off his travel debt. He worked eight hours a day, six days a week. He did not attend school. Eventually, the family told him to leave.[3][3] Brandon, 17, from a Central American country was forced to sell drugs in the United States. He was eventually charged with drug trafficking in juvenile court. The Juvenile Justice System eventually found Brandon guilty of selling drugs. [4] Brandon, 17, from a Central American country was forced to sell drugs in the United States. He was eventually charged with drug trafficking in juvenile court. The Juvenile Justice System eventually found Brandon guilty of selling drugs. [4] [1] U.S. Department of Justice, Press Release, February 2, 2005, Irvine couple indicted on involuntary servitude charges for holding girl as virtual slave to serve their family, (accessed on March 22,2006). 1] [2][2] This is a case study based on several interviews. The names, places, and dates have been changed to ensure the child s confidentiality is strictly maintained. [2] [3][3] Case study derived from interview conducted on March 13, 1006 by telephone with anonymous social service provider. Identifying characteristics of the child, including, name, gender, and ethnicity are subject to change. [3] [4][4] This is a case study based on several interviews. The names, places, and dates have been changed to ensure the child s confidentiality is strictly maintained. [4][

11 Identifying Survivors of Child Trafficking Adapted from: CAST Presentation © Freedom Network 2003 Photos by J. Maillard, International Labour Organization

12 Human Trafficking Defined The term ''severe forms of trafficking in persons'' means: (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, (A) sex trafficking in which a commercial 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; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person 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. (B) the recruitment, harboring, transportation, provision, or obtaining of a person 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. (Victims of Trafficking and Violence Prevention Act of 2000 can be found at

13 Three Elements of Trafficking Recruiting OR Harboring OR Moving OR Obtaining a person, 1 ACTS by Force OR Fraud OR Coercion 2 MEANS For the purposes of Involuntary Servitude OR Debt Bondage OR Slavery OR Sex Trade 3 END © Coalition to Abolish Slavery & Trafficking (CAST), All Rights Reserved.

14 What Constitutes Coercion? 22 U.S.C. § 7102 Coercion. The term "coercion" means-- 22 U.S.C. § 7102 Coercion. The term "coercion" means-- (A) threats of serious harm to or physical restraint against any person; (A) threats of serious harm to or physical restraint against any person; (B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (C) the abuse or threatened abuse of the legal process. (C) the abuse or threatened abuse of the legal process.

15 Common Misconceptions Trafficking requires the crossing of national or international borders Trafficking requires the crossing of national or international borders Trafficking only involves foreign nationals not US citizens Trafficking only involves foreign nationals not US citizens You can consent to being trafficked You can consent to being trafficked

16 The U.S. Side of Human Trafficking An unknown number of American citizens and legal residents are trafficked within the country. Forced to work in sexual servitude and forced labor. FBI debriefings of sex traffickers or pimps indicate that approx % of the victims forced or recruited into prostitution were juveniles. Source: Chris Swecker, FBI

17 Local Resources To help access services/benefits: To help access services/benefits: Ann Lane at Office of Refugee Resettlement : Service Providers who specialize in assisting US Citizen or LPR survivors: Service Providers who specialize in assisting US Citizen or LPR survivors: Covenant House, Los Angeles Covenant House, Los Angeles Children of the Night, Los Angeles Children of the Night, Los Angeles The SAGE Project, Inc., San Francisco The SAGE Project, Inc., San Francisco National Human Trafficking Resource Center (NHTRC) National Human Trafficking Resource Center (NHTRC) If the child would like to seek criminal charges: If the child would like to seek criminal charges: Trafficking in Persons and Worker Exploitation Task Force Complaint Line

18 Trafficking versus Smuggling TRAFFICKING: Contains the elements of force, fraud, or coercion (cannot consent to enslavement) Contains the elements of force, fraud, or coercion (cannot consent to enslavement) Subsequent exploitation and/or forced labor Subsequent exploitation and/or forced labor Those trafficked are seen as victims by the law Those trafficked are seen as victims by the law SMUGGLING: No force, fraud, or coercion Unauthorized crossing of borders Those smuggled are seen as criminals by the law

19 Modern-Day Slavery: A Prison Without Walls Along with: Physical / Psychological / Sexual abuse/ Physical threats Look for: Long hours Little/No pay Withholding documents Threats of deportation Threats to family members in home country Isolation Inhumane Living Conditions Denial of access to healthcare services Having to work when sick Not able to refuse customer requests © Coalition to Abolish Slavery & Trafficking (CAST), All Rights Reserved.

20 Things to Look for Especially in Juvenile Cases Substance abuse Substance abuse Denial of access to education Denial of access to education Denial of recreational activities Denial of recreational activities No peers/contact with others from outside world No peers/contact with others from outside world Already in the Juvenile Justice System Already in the Juvenile Justice System False documents with incorrect age False documents with incorrect age

21 Redefining How You Look at a Case For example: DCFS defines exploitation as any unethical use of [children] for one s own advantage or profit. See Los Angeles County Department of Children and Family Services (DCFS). Assessment of Exploitation. For example: DCFS defines exploitation as any unethical use of [children] for one s own advantage or profit. See Los Angeles County Department of Children and Family Services (DCFS). Assessment of Exploitation. According to the Los Angeles County Department of Children and Family Services (DCFS) 100 child exploitation referrals were made in 2007 According to the Los Angeles County Department of Children and Family Services (DCFS) 100 child exploitation referrals were made in 2007

22 Key Identification Questions Recruitment/ Migration: Why did you come to the U.S.? Why did you come to the U.S.? Who arranged your travel? Who arranged your travel? How did you get here? How did you get here? Do you owe money for your trip? Do you owe money for your trip? What did you expect when you came? What did you expect when you came? What did you end up doing? What did you end up doing? Were you scared? Were you scared? Identification: Do you have any papers? Do you have any papers? Who has them? Who has them? Working Conditions: Are you in school? Are you in school? Are you working? Are you working? What kind of work do you do? What kind of work do you do? Are you paid? Are you paid? Do you owe money to your boss or someone else? Do you owe money to your boss or someone else? Can you leave your job if you want? Can you leave your job if you want? Living Environment: Where do you live? Where do you live? Who else lives there? Who else lives there? Where do you sleep? Where do you sleep? Are you scared to leave? Are you scared to leave? Coercion: Has anybody ever threatened you to keep you from running away? Has anybody ever threatened you to keep you from running away? Has anybody ever hurt you to make you stay? Has anybody ever hurt you to make you stay? Has you family been threatened? Has you family been threatened?

23 CAST Intake Form

24 Initial Contact With Potentially Trafficked Persons Victims might often lie about their present circumstances Victims might often lie about their present circumstances AND are unlikely to self-identify as trafficking victims. Recognize the methods involved in hiding or disguising trafficked minors from authorities Recognize the methods involved in hiding or disguising trafficked minors from authorities Establish that you: Establish that you: Have no power to order the person deported Have no power to order the person deported Do not work for the government or police Do not work for the government or police Will not take any action without the clients consent Will not take any action without the clients consent Represent their interests and no one else Represent their interests and no one else Always use an interpreter even if some English is spoken Always use an interpreter even if some English is spoken Ask if there is a gender preference Ask if there is a gender preference Be careful not to impose values or ideas Be careful not to impose values or ideas Be knowledgeable and aware of your position of power in society Be knowledgeable and aware of your position of power in society Find out if other victims are being held Find out if other victims are being held Be suspicious of private attorneys paid for by trafficker Be suspicious of private attorneys paid for by trafficker CONTACT AN ATTORNEY IMMEDIATELY TO ASSIST THE CHILD CONTACT AN ATTORNEY IMMEDIATELY TO ASSIST THE CHILD

25 Safety Considerations When Working with Trafficking Victims Do not try to liberate victims yourself Do not try to liberate victims yourself During extractions, staff should wait at secondary, neutral site During extractions, staff should wait at secondary, neutral site Find secure locations for interviews Find secure locations for interviews Assess risk level to client, client family, staff Assess risk level to client, client family, staff Make safety plans based on assessments Make safety plans based on assessments Be mindful of your movements Be mindful of your movements Consider relocating victims Consider relocating victims Do not provide personal information Do not provide personal information © Coalition to Abolish Slavery & Trafficking (CAST), All Rights Reserved.

26 Serving Trafficked Children Photos by J. Maillard, International Labour Organization

27 Wide Range of Needs Immediate needs: Appropriate placement Appropriate placement Protection Protection Food Food Medical care Medical care Mental health, suicide intervention and assessment Mental health, suicide intervention and assessment Long-term needs: Education/Job placement Education/Job placement Counseling Counseling Legal representation Legal representation Other social services to help rebuild their lives Other social services to help rebuild their lives

28 Case Management Services Facilitate Access to Services Facilitate Access to Services Case Managers/Advocates provide some services directly, but more often, coordinate access to other providers OR assist client do for themselves. Case Managers/Advocates provide some services directly, but more often, coordinate access to other providers OR assist client do for themselves. Intensive & Comprehensive Case Management Intensive & Comprehensive Case Management Emergency Basic Needs (food, shelter, clothing) Emergency Basic Needs (food, shelter, clothing) Benefits Coordination Benefits Coordination Supportive Counseling & Support through Legal Case Supportive Counseling & Support through Legal Case Life Skills Education & Exploitation Prevention Life Skills Education & Exploitation Prevention Employment Prep & Assistance Employment Prep & Assistance Access to schools Access to schools Individualized Service Plans Individualized Service Plans Crisis Intervention/Supportive Counseling Crisis Intervention/Supportive Counseling Appropriate Housing Placement Appropriate Housing Placement © Coalition to Abolish Slavery & Trafficking (CAST), All Rights Reserved.

29 Safety Screening Form Use to help assess risk to: Use to help assess risk to: Client/victim Client/victim Staff Staff Family members Family members Create a safety plan with client Create a safety plan with client Refer to another agency if risk is too high for victim to remain in current town, state. Refer to another agency if risk is too high for victim to remain in current town, state.

30 Case Confidentiality Can make or break a case Critical impact on the life of the individual survivor Can make or break a case Critical impact on the life of the individual survivor Keep responsible case notes Keep responsible case notes Record only what you need to document services and ensure record of events that are relevant to case Record only what you need to document services and ensure record of events that are relevant to case Screen all interpreters Screen all interpreters Protect the right to privacy and safety by using Informed Consents and Authorization for Release of Information Protect the right to privacy and safety by using Informed Consents and Authorization for Release of Information Ensures relationship of trust and respect Ensures relationship of trust and respect Reduces safety risks to all Reduces safety risks to all Maintains integrity of all legal proceedings Maintains integrity of all legal proceedings Especially important with a child who has an active criminal or civil case-expect your notes to be subpoenaed and act accordingly Especially important with a child who has an active criminal or civil case-expect your notes to be subpoenaed and act accordingly © Coalition to Abolish Slavery & Trafficking (CAST), All Rights Reserved.

31 Mandatory Reporting Limits on confidentiality: Section of the Penal Code: requires any child care custodian, health provider or employee of a child protective agency who has knowledge, or reasonably suspects child abuse, to report it to a child protective agency immediately. Section of the Penal Code: requires any child care custodian, health provider or employee of a child protective agency who has knowledge, or reasonably suspects child abuse, to report it to a child protective agency immediately. Child Care Custodian: includes administrators and employees of public or private youth centers, youth recreation programs or youth organizations; administrators and employees of public or private organizations whose duties require direct contact and supervision of children. Child Care Custodian: includes administrators and employees of public or private youth centers, youth recreation programs or youth organizations; administrators and employees of public or private organizations whose duties require direct contact and supervision of children.

32 Options for Assistance Family Reunification/Repatriation Family Reunification/Repatriation Appropriate shelter Appropriate shelter Benefits Benefits Legal Legal Immigration Immigration Criminal Prosecution Criminal Prosecution Civil Law Remedies Civil Law Remedies

33 Family Reunification? Family reunification should be explored as a priority. Family reunification should be explored as a priority. Ensure: Ensure: Claimants are genuine family members Claimants are genuine family members Were not a part of the trafficking Were not a part of the trafficking Capable of providing safety for the child Capable of providing safety for the child Develop a plan for identifying, assessing, and communicating with family in long-term care plans. Develop a plan for identifying, assessing, and communicating with family in long-term care plans.

34 Repatriation Assistance For assistance arranging travel, purchasing air tickets, and child accompaniment contact: For assistance arranging travel, purchasing air tickets, and child accompaniment contact: IOM Washington IOM Washington Carson Osberg Carson Osberg 1752 N Street NW Suite 700, Washington, DC N Street NW Suite 700, Washington, DC Phone: ext. 227 Fax: Phone: ext. 227 Fax: Link with Non-Governmental Organizations in country of repatriation to assess family situation, safety, available services, accompany client through immigration, etc. Link with Non-Governmental Organizations in country of repatriation to assess family situation, safety, available services, accompany client through immigration, etc. Follow-up with client as appropriate Follow-up with client as appropriate

35 Appropriate Housing Placement Federal Programs Federal Programs Unaccompanied Refugee Minors (URM) Unaccompanied Refugee Minors (URM) Division of Unaccompanied Children Services (DUCS) Division of Unaccompanied Children Services (DUCS) State Foster Care State Foster Care Non-Governmental Organization Shelters Non-Governmental Organization Shelters Family Placement Family Placement

36 Unaccompanied Refugee Minors (URM) The VTVPA provides trafficked children access to the URM program- the federal foster care system for refugee children The VTVPA provides trafficked children access to the URM program- the federal foster care system for refugee children Only after Office of Refugee Resettlement (ORR) issues a letter of eligibility to a trafficked child can they access the URM program. Only after Office of Refugee Resettlement (ORR) issues a letter of eligibility to a trafficked child can they access the URM program. 17 URM programs in the U.S. 17 URM programs in the U.S. Caters to refugee children from all over the world. Caters to refugee children from all over the world. Provides comprehensive services Provides comprehensive services Family counseling, mental health treatment, and other social services that the minor may need. Family counseling, mental health treatment, and other social services that the minor may need.

37 URM in California In 2004, a URM program was established in San Jose, California by Catholic Charities. In 2004, a URM program was established in San Jose, California by Catholic Charities. Currently, it has about 10 family placements Currently, it has about 10 family placements Between foster care and a supported housing program they are currently able to serve about 25 children. Between foster care and a supported housing program they are currently able to serve about 25 children. The San Jose program has access to all other Catholic Charities services in the region, which includes the services within its informal network of partners. The San Jose program has access to all other Catholic Charities services in the region, which includes the services within its informal network of partners. They have yet to serve a trafficking victim They have yet to serve a trafficking victim Their program provides: Financial support for housing, food, clothing, and other necessities for the minor, medical care, intensive case management, independent living skills training, training and support for foster parents. Their program provides: Financial support for housing, food, clothing, and other necessities for the minor, medical care, intensive case management, independent living skills training, training and support for foster parents. For more information, contact Coleen Gulbraa at or For more information, contact Coleen Gulbraa at or

38 Division of Unaccompanied Children Services (DUCS) When federal law enforcement encounter Unaccompanied Alien Minors (UAM) ineligible for the URM program, they are usually sent to facilities operated by the Division of Unaccompanied Children Services (DUCS), which is housed under the ORR. When federal law enforcement encounter Unaccompanied Alien Minors (UAM) ineligible for the URM program, they are usually sent to facilities operated by the Division of Unaccompanied Children Services (DUCS), which is housed under the ORR. DUCS is responsible for providing care to Unaccompanied Alien Minors until they are either released from custody or deported to their home countries. DUCS is responsible for providing care to Unaccompanied Alien Minors until they are either released from custody or deported to their home countries. There have been reported cases in which child trafficking victims have been identified in the DUCS program There have been reported cases in which child trafficking victims have been identified in the DUCS program Annie Sovcik, telephone interview with author, February 9, 2006.

39 DUCS Services in CA DUCS has a contract with Catholic Charities in Los Angeles County to provide shelter for children under its custody. DUCS has a contract with Catholic Charities in Los Angeles County to provide shelter for children under its custody. Angel s Flight, a runaway youth emergency shelter, is the agency that delivers care to DUCS children under Catholic Charities. Angel s Flight, a runaway youth emergency shelter, is the agency that delivers care to DUCS children under Catholic Charities. Angel's Flight Emergency Shelter 357 South Westlake Avenue, Los Angeles, CA ;

40 Local Resources in Los Angeles Private youth shelters and foster care providers Private youth shelters and foster care providers Community-Based Organizations (CBO) and religious groups Community-Based Organizations (CBO) and religious groups Emilio Mendoza: Department of Children and Family Services – Multi-Agency Response Team Emilio Mendoza: Department of Children and Family Services – Multi-Agency Response Team Catholic Legal Immigration Network, Inc.- (CLINIC) Catholic Legal Immigration Network, Inc.- (CLINIC) Debbie Deem – FBI Victim Specialist Debbie Deem – FBI Victim Specialist

41 Access to CA State Benefits SB 1569 provides temporary and immediate access to social services for victims of human trafficking, domestic violence and other violent crimes prior to federal certification. SB 1569 provides temporary and immediate access to social services for victims of human trafficking, domestic violence and other violent crimes prior to federal certification. SB 1569 benefits end when a child is Certified by the federal government SB 1569 benefits end when a child is Certified by the federal government

42 Establishing SB 1569 Eligibility A Victim of human trafficking who: Is taking steps to file an application for T-Nonimmigration status visa (T-Visa) or meets the conditions for federal benefits eligibility. OR Has filed an application for a T-visa. Must Provide: Must Provide: 1. A sworn statement 2. Documentation to show that a T-visa has been or will be filed A Letter from an attorney assisting the child is enough A Letter from an attorney assisting the child is enough

43 Benefits Through Federal Certification Victims of a severe form of trafficking who have been certified by Office of Refugee Resettlement of the Department of Health and Human Services (HHS) are eligible for benefits to the same extent as refugees. Victims of a severe form of trafficking who have been certified by Office of Refugee Resettlement of the Department of Health and Human Services (HHS) are eligible for benefits to the same extent as refugees.

44 Who Is Eligible For Certification? Individual must be determined to be a victim of a severe form of trafficking by a federal law enforcement agency Individual must be determined to be a victim of a severe form of trafficking by a federal law enforcement agency OR OR Have filed and had a T-visa application approved Have filed and had a T-visa application approved

45 Minors Require Verification Identification is only half of the process. The other half involves verification: Identification is only half of the process. The other half involves verification: The ORR must verify the trafficking status of an alien minor before a letter of eligibility can be issued The ORR must verify the trafficking status of an alien minor before a letter of eligibility can be issued This is handled on a case-by-case basis.[1] This is handled on a case-by-case basis.[1][1] [ 1][ 1] Annie Sovcik interview. [ 1]

46 Certification Benefits For Minors Once the determination of eligibility has been made, children are entitled to federal benefits. Once the determination of eligibility has been made, children are entitled to federal benefits. Refugee self-sufficiency Matching Grant Program and other ORR discretionary grant programs benefits programs for victims of trafficking Refugee self-sufficiency Matching Grant Program and other ORR discretionary grant programs benefits programs for victims of trafficking Benefit issuing agencies can call ORRs trafficking victim verification line at Benefit issuing agencies can call ORRs trafficking victim verification line at

47 Other Resources: Survivor Services and Funding Government grantees across the United States can provide services to victims who cooperate as witnesses Office for Victims of Crime – emergency services for pre-certified victims Office of Refugee Resettlement – provides certification for refugee benefits eligibility for victims of severe form of trafficking in persons Emergency Witness Assistance Program (EWAP) funds Victims of Crime Act (VOCA) funds, crime victim compensation go to: Possible discretionary funds from government agencies Free services/clinics Be creative and advocate strongly if you think your client is eligible to apply for or receive services

48 The Legal Framework Immigration Criminal Criminal Civil Civil

49 Attorneys Immigration Assistance Immigration attorneys help trafficked clients assess their immigration status, as well as: Pursue a T or U visa, Asylum status, Special Immigrant Juvenile visa (SIJS), etc. Pursue a T or U visa, Asylum status, Special Immigrant Juvenile visa (SIJS), etc. Coordinate with derivative applicants in their country of origin (family etc). Coordinate with derivative applicants in their country of origin (family etc). Assist with repatriation (if safe and appropriate). Assist with repatriation (if safe and appropriate). Used with permission of Kathleen Kim

50 Immigration Status Forms of relief specific for human trafficking victims provided by the TVPA: Temporary relief through Continued Presence (CP) Temporary relief through Continued Presence (CP) Possibility to adjust status to legal permanent residency through T-Visa or U-Visa. Possibility to adjust status to legal permanent residency through T-Visa or U-Visa.

51 What Is Continued Presence? Provides temporary immigration relief to potential witnesses who are victims of severe forms of trafficking, including: Provides temporary immigration relief to potential witnesses who are victims of severe forms of trafficking, including: Work authorization Work authorization Good for 1 year but can be extended Good for 1 year but can be extended Federal benefits for up to 8 months Federal benefits for up to 8 months Only Federal law enforcement agents can request CP Only Federal law enforcement agents can request CP However, since children do not have to cooperate with law enforcement-weigh risks and benefits prior to seeking this form of relief. However, since children do not have to cooperate with law enforcement-weigh risks and benefits prior to seeking this form of relief.

52 What Is A T-Visa? Enables certain victims of human trafficking to live and work in the U.S. for four years. Enables certain victims of human trafficking to live and work in the U.S. for four years. Children can petition to bring parents and unmarried siblings under the age of 21 to the U.S. Children can petition to bring parents and unmarried siblings under the age of 21 to the U.S. Can receive government benefits, including cash assistance, for up to 8 months Can receive government benefits, including cash assistance, for up to 8 months Can apply for Green Card after three years Can apply for Green Card after three years

53 Who Is Eligible For A T-Visa? ELEMENTS: Is, or has been, a victim of severe form of trafficking in persons Is, or has been, a victim of severe form of trafficking in persons Is physically present in the U.S. on account of such trafficking Is physically present in the U.S. on account of such trafficking Has complied with reasonable request for assistance in the investigation or prosecution of acts of trafficking Has complied with reasonable request for assistance in the investigation or prosecution of acts of trafficking Children under 18 do not need to meet this criterion Children under 18 do not need to meet this criterion Would suffer extreme hardship involving unusual and severe harm upon removal from the U.S. Would suffer extreme hardship involving unusual and severe harm upon removal from the U.S.

54 Other Forms of Immigration Relief U Visa: U Visa: For victims of certain criminal activity who suffered substantial physical or mental abuse Asylum: Asylum: For persons who have suffered or fear persecution based on race, religion, nationality, political opinion or membership in a particular social group in country of origin Special Immigrant Juvenile Status (SIJS): Special Immigrant Juvenile Status (SIJS): Children eligible for long-term foster care due to abuse, neglect or abandonment when return to home country not a viable option Violence Against Women Act (VAWA): Violence Against Women Act (VAWA): Allows certain battered immigrants to file for immigration relief without abusers assistance or knowledge

55 Criminal Prosecution Adapted from: CAST Presentation © Freedom Network 2003 Photos by J. Maillard, International Labour Organization

56 Federal Crimes 18 U.S.C. § 1581 Peonage (Debt Bondage) 18 U.S.C. § 1581 Peonage (Debt Bondage) 18 U.S.C. § 1583 Enticement into slavery 18 U.S.C. § 1583 Enticement into slavery 18 U.S.C. § 1584 Sale into involuntary servitude 18 U.S.C. § 1584 Sale into involuntary servitude 18 U.S.C. § 1589 Forced Labor 18 U.S.C. § 1589 Forced Labor 18 U.S.C. § 1590 Trafficking Into Servitude 18 U.S.C. § 1590 Trafficking Into Servitude 18 U.S.C. § 1591 Sex Trafficking 18 U.S.C. § 1591 Sex Trafficking 18 U.S.C. § 1592 Document Servitude (up to 5 years) 18 U.S.C. § 1592 Document Servitude (up to 5 years) 18 U.S.C. § 1590 Trafficking Into Servitude 18 U.S.C. § 1590 Trafficking Into Servitude 18 U.S.C. § 1591 Sex Trafficking 18 U.S.C. § 1591 Sex Trafficking 18 U.S.C. § 1592 Document Servitude (up to 5 years) 18 U.S.C. § 1592 Document Servitude (up to 5 years) 18 U.S.C. § 2251a Selling or Buying of Children 18 U.S.C. § 2251a Selling or Buying of Children 18 U.S.C. § 2423 Transportation 18 U.S.C. § 2423 Transportation

57 California State Law AB 22 Created a new felony Penal Code section which prohibits Human Trafficking Created a new felony Penal Code section which prohibits Human Trafficking Prioritized victim protection along with prosecution Prioritized victim protection along with prosecution

58 Reporting a Case to Law Enforcement Child MUST have an attorney to consult with to make this decision. Child MUST have an attorney to consult with to make this decision. Minors do NOT need to report cases to receive federal OR State benefits and immigration status. Minors do NOT need to report cases to receive federal OR State benefits and immigration status. Some Minors may WANT to seek justice Some Minors may WANT to seek justice Ensure they understand consequences of this decision Ensure they understand consequences of this decision Once come forward can be compelled to testify Once come forward can be compelled to testify Minors can be detained as material witnesses Minors can be detained as material witnesses Could see increased threats to family in home country Could see increased threats to family in home country Length of time involved in case can be one to two years Length of time involved in case can be one to two years May need to talk about acts that expose her to criminal liability i.e. prostitution, drugs, document fraud, etc. May need to talk about acts that expose her to criminal liability i.e. prostitution, drugs, document fraud, etc.

59 The Criminal Process: What To Expect Government agencies may not be accustomed to cooperating with community agencies and vice versa Government agencies may not be accustomed to cooperating with community agencies and vice versa Case may take one to two years to complete Case may take one to two years to complete Investigation and prosecution will be re-traumatizing to the victim Investigation and prosecution will be re-traumatizing to the victim NGOs may or may not be allowed to participate in the process NGOs may or may not be allowed to participate in the process Advocate for your agency Advocate for your agency

60 Criminal Case Advocacy cont. Victims attorneys assist their clients to cooperate with law enforcement agents by: Informing them of their rights and role as a witness Informing them of their rights and role as a witness Preparing them to testify Preparing them to testify Explaining timelines and criminal process Explaining timelines and criminal process Assisting with temporary restraining orders against traffickers Assisting with temporary restraining orders against traffickers Following-up after trial with victim impact issues, restitution, return of property, documents, etc. Following-up after trial with victim impact issues, restitution, return of property, documents, etc. Providing legal case management Providing legal case management

61 Civil Litigation Photos by J. Maillard, International Labour Organization

62 Civil Remedies Civil attorneys help their clients recover compensation and other damages from the traffickers by: Civil attorneys help their clients recover compensation and other damages from the traffickers by: Pursuing the private right of action provided by the TVPRA. Pursuing the private right of action provided by the TVPRA. Filing wage and hour complaints with the Department of Labor. Filing wage and hour complaints with the Department of Labor. Filing discrimination complaints with the Equal Employment Opportunity Commission. Filing discrimination complaints with the Equal Employment Opportunity Commission. Filing private suits for violations of the Fair Labor Standards Act, CA labor code, intentional torts and other civil rights laws. Filing private suits for violations of the Fair Labor Standards Act, CA labor code, intentional torts and other civil rights laws. Used with permission of Kathleen Kim

63 Rewards of Working With Trafficked and Enslaved Persons New field of victim services Highly motivated clients/witnesses Assisting an un-served population Laws exist to assist and protect survivors (federal and state) Justice for survivors This is human rights work dedicated to protecting the most basic right to bodily integrity and freedom I feel that I have been reincarnated… I have gained my freedom. - CAST Client El Monte Sweatshop Workers, 1999 Photo Feruzzi/Los Angeles Times © Coalition to Abolish Slavery & Trafficking (CAST), All Rights Reserved.

64 If you identify a trafficking survivor please contact Stephanie Richard, Managing Attorney Coalition to Abolish Slavery & Trafficking (CAST) (213) ext. 115

65 Copyright Notice © All rights reserved No part of this training curriculum may be reproduced, transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior expressed written permission of Coalition to Abolish Slavery & Trafficking (CAST). © All rights reserved No part of this training curriculum may be reproduced, transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior expressed written permission of Coalition to Abolish Slavery & Trafficking (CAST).


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