Presentation on theme: "What is human trafficking?"— Presentation transcript:
1 What is human trafficking? Trafficking DemographicsWhere does it occur?Source Countries & Destination StatesWhat legal protections currently exist?Trafficking Victims Protection ActWhat is being done to respond?Programs & Benefits
2 As the 21st century begins, the degrading institution of slavery continues throughout the world. . . testtttinggg
3 Anywhere from 700,000 to 4 million individuals, primarily women and children, are trafficked within or across national borders annually.
4 Every 10 minutes, a person is trafficked into the United States.
5 Every year, at least 20,000 people are trafficked into our country. Up to 750,000 women may have been trafficked into the U.S. over the past decade.
8 Sex trafficking by force, fraud, or coercion or in which the person is induced to perform such an act is under 18.forcefraudcoercionunder 18
9 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.
27 States with Trafficking Activity China, Hong Kong, S. Korea, Myanmar, Taiwan, Thailand, Dominican Rep, Mexico, Czech Rep., HungaryChina, Malaysia, Thailand, VietnamChina, Malaysia, Thailand, VietnamHong Kong, South Korea, Taiwan, ThailandChina, Malaysia, Thailand, Vietnam, Belarus, LatviaWA(Connecticut) Korea, Taiwan, Hong Kong, ThailandNYPA(N. Jersey) MexicoINOHNVILVACO(Maryland)Russia, UkraineKYCANCChina, India, Malaysia, Thailand, Vietnam, MexicoTNGA(Washington, D.C.)Thailand, Vietnam,. Malaysia, Dominican Republic, ChinaAZTXFLMexicoChina, Malaysia, Thailand, Vietnam, Brazil, Costa Rica, Mexico, RussiaStates with Trafficking ActivityChina, Malaysia, Thailand, Vietnam, Honduras, Guatemala
28 Victims of Trafficking and Violence Protection Act of 2000 P.L28 October 2000
30 TVPA ObjectivesTo prevent trafficking by increasing economic opportunities and raising awareness.To protect and assist victims of trafficking by providing federal and state benefits & services.To prosecute traffickers through increased law enforcement and stiffer penalties.
31 DEPARTMENT OF HOMELAND SECURITY ImmigrationInvestigationDEPARTMENT OF HOMELAND SECURITYDEPARTMENT OF STATEInternational FocusCoordination of Interagency Task ForceDEPARTMENT OF JUSTICEInvestigationProsecutionServices Through GranteesDEPARTMENT OF HEALTH & HUMAN SERVICESFederal & State BenefitsOutreach & Public EducationDEPARTMENT OF LABORInternational InitiativesWage & Hour Division
32 TVPA provides victims: Legal ProtectionsImmigration ReliefFederal & State Assistance
33 Certification Process: Individual must be a victim of a severe form of trafficking,Individual must be willing to assist in the investigation and prosecution of traffickers,ANDIndividual must have made a bona fide application for a T visa OR been granted continued presence by the Bureau of Citizenship & Immigration Services (formerly INS).
34 Certification Process: MINOR ELIGIBILITY - Individual has not attained 18 years of age. - ORR determines that individual is a victim of a severe form of trafficking. NOT REQUIRED - Cooperation in the investigation and prosecution of a trafficking case. - Bona fide T visa application. - Continued presence.
36 Victims of Trafficking and Violence Protection Act of 2000 Temporary Residency in the U.S.Continued PresenceT VisaU Visa
37 CONTINUED PRESENCE What is it? Means by which the BCIS (formerly INS) grants temporary immigration relief to victims of severe forms of trafficking who are potential witnesses.Who can petition BCIS for continued presence?Federal law enforcement agents only.DEPARTMENT OF HOMELAND SECURITYImmigration ReliefDEPARTMENT OF HOMELAND SECURITYImmigration Relief
38 CONTINUED PRESENCE Disadvantages Advantages Temporary relief Does not authorize adjustment to permanent resident statusValid only for such period the individual’s continued presence is deemed necessary for the prosecution of trafficking cases AdvantagesGenerally more expedient than T visa processOne means of obtaining ORR certification and access to public benefitsProvides work authorizationDEPARTMENT OF HOMELAND SECURITYImmigration ReliefDEPARTMENT OF HOMELAND SECURITYImmigration Relief
39 T Visas for Victims of Severe Forms of Trafficking who: Comply with investigation or prosecution of traffickers (for individuals over 15).Are physically present in the U.S., American Samoa, Northern Mariana Islands, or port of entry on account of trafficking.Suffer extreme hardship involving unusual & severe harm if removed from the U.S.DEPARTMENT OF HOMELAND SECURITYImmigration Relief
40 T VISAS BASIC FACTS Annual Cap: 5,000 visas/year T Visa valid for 3 yearsWork AuthorizationT visa applicants/holders can file forimmediate family membersT visa recipients can adjust after 3years(Regulations NOT issued yet)DEPARTMENT OF HOMELAND SECURITYImmigration Relief
41 Attempt, Conspiracy, or Solicitation to commit the listed crimes U Visa: Specific CrimesCriminal activity must have violated U.S. laws or occurred in the U.S., its territories, or possessions.Including but not limited to:TraffickingRapeTortureSexual AssaultSexual ExploitationAbusive Sexual ContactPeonageSlave TradeInvoluntary ServitudeProstitutionDomestic ViolenceBeing Held HostageUnlawful Criminal RestraintFalse ImprisonmentAttempt, Conspiracy, or Solicitation to commit the listed crimesDEPARTMENT OF HOMELAND SECURITYImmigration ReliefDEPARTMENT OF HOMELAND SECURITYImmigration Relief
42 U Visas for crime victims who have suffered substantial physical or mental abuse: Victim must possess information concerning the crime.Application must include a certification from a federal, state, or local law enforcement officer, judge, prosecutor, or BCIS stating that the victim is helping, has helped, or likely to be helpful with the investigation or prosecution of the crime.DEPARTMENT OF HOMELAND SECURITYImmigration ReliefDEPARTMENT OF HOMELAND SECURITYImmigration Relief
43 U Visa: Annual Cap & Benefits 10,000 U visas per year (does not apply to immediate family members)Valid for 3 YearsProvides for work authorizationImmediate family members (spouse and children, and parents of children) may be eligible for U visasAuthorizes adjustment to LegalPermanent Resident status after 3 yearsDEPARTMENT OF HOMELAND SECURITYImmigration ReliefDEPARTMENT OF HOMELAND SECURITYImmigration Relief
44 Additional Avenues for Immigration ReliefAsylumSpecial Immigrant Juvenile StatusVAWA PetitionsFamily-Based PetitionsTemporary Protected StatusDEPARTMENT OF HOMELAND SECURITYImmigration ReliefDEPARTMENT OF HOMELAND SECURITYImmigration Relief
45 IMPORTANT: CONSULT WITH A QUALIFIED IMMIGRATION PRACTITIONER
46 What are the needs of victims of trafficking? Interpretation servicesCrisis interventionClothingFoodProtectionLegal assistanceMedical & dental careTransportationEmploymentMental health servicesSubstance abuse treatmentChildcareLife skillsHousing (short & long-term)EducationAdapted from: Clawson, Dr. Heather, and Kevonne Small. 2 April Needs Assessment of Service Providers & Trafficking Victims. Washington, DC: U.S. Department of Justice, National Institute of Justice, Caliber Associates Findings to be published August 2003.
48 Florida Freedom Partnership Service for clientsOutreach & education
49 Florida Freedom Partnership Services offered to victims of trafficking:Case managementLegal assistanceClinical interventionSafe & appropriate housingIn May 2001, ORR issued guidance to benefit-granting agencies State Refugee Coordinators and NGOs explaining the requirements for certification and the documentation and eligibility procedures. ORR issued additional guidance to benefit-granting agencies, State Refugee Coordinators and NGOs in January 2002.
50 rrent as of may 2002 Outreach & Education Raise Public Awareness Increase awareness about trafficking in Dade, Broward, Palm Beach, St. Lucie, Collier, and Monroe Counties.Provide information about the TVPA and the protections available for victims of trafficking.Coordinate Response to Assist and Protect Victims of TraffickingAssist with service provider & law enforcement collaboration.Offer comprehensive and specialized service provision for victims of trafficking.In May 2001, ORR issued guidance to benefit-granting agencies State Refugee Coordinators and NGOs explaining the requirements for certification and the documentation and eligibility procedures. ORR issued additional guidance to benefit-granting agencies, State Refugee Coordinators and NGOs in January 2002.
51 DEPARTMENT OF HEALTH & HUMAN SERVICES BenefitsCertified victims of trafficking are eligible for benefits to the same extent as refugees.DEPARTMENT OF HEALTH & HUMAN SERVICESBenefits
52 DEPARTMENT OF HEALTH & HUMAN SERVICES BenefitsFederal & State Mainstream Public Benefits:MedicaidTemporary Assistance for Needy FamiliesSupplemental Security IncomeFood StampsRefugee Programs & Trafficking Victim Services:Refugee Cash & Medical AssistanceMatching Grant ProgramDEPARTMENT OF HEALTH & HUMAN SERVICESBenefits
53 DEPARTMENT OF HEALTH & HUMAN SERVICES BenefitsVictims 18 years or older must be certified by the Dept. of Health & Human Service/Office of Refugee ResettlementMinors get letter of eligibilityDEPARTMENT OF HEALTH & HUMAN SERVICESBenefits
54 Accessing Benefits:Accept certification or eligibility letter in lieu of immigration documents (handle with discretion). - Contact the Trafficking Verification Line ( ). - Serve victim of trafficking with a valid certification letter as any other individual with refugee status Note the certification date as date of arrival for benefits purposes Ensure that the victim keeps the original certification or eligibility letter.VOLAGS, DCF,ESL Programs, etc.
55 The Declaration of Independence recognizes the inherent dignity and worth of all people.
56 The Declaration of Independence recognizes the inherent dignity and worth of all people.
57 It states that all men are created equal and that they are endowed by their Creator with certain inalienable rights.
58 It states that all men are created equal and that they are endowed by their Creator with certain inalienable rights.
59 The right to be free from slavery and involuntary servitude is among those inalienable rights.
60 The right to be free from slavery and involuntary servitude is among those inalienable rights. — TVPA Section 102 (22)
61 305-443-0102 firstname.lastname@example.org To report trafficking crimes or to receive information on victims’ services: