Presentation on theme: "What is human trafficking? Trafficking Demographics Where does it occur? Source Countries & Destination States What legal protections currently exist?"— Presentation transcript:
What is human trafficking? Trafficking Demographics Where does it occur? Source Countries & Destination States What legal protections currently exist? Trafficking Victims Protection Act What is being done to respond? Programs & Benefits
As the 21st century begins, the degrading institution of slavery continues throughout the world...
Anywhere from 700,000 to 4 million individuals, primarily women and children, are trafficked within or across national borders annually.
Every 10 minutes, a person is trafficked into the United States.
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.
Sex trafficking by force, fraud, or coercion or in which the person is induced to perform such an act is under 18. force fraud coercion under 18
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.
(N. Jersey) Mexico (Maryland) Russia, Ukraine (Washington, D.C.) Thailand, Vietnam,. Malaysia, Dominican Republic, China (Connecticut) Korea, Taiwan, Hong Kong, Thailand Mexico China, Malaysia, Thailand, Vietnam, Brazil, Costa Rica, Mexico, Russia China, Malaysia, Thailand, Vietnam, Honduras, Guatemala China, Malaysia, Thailand, Vietnam, Belarus, Latvia Hong Kong, South Korea, Taiwan, Thailand China, India, Malaysia, Thailand, Vietnam, Mexico China, Malaysia, Thailand, Vietnam WA CA NV AZTX CO IL IN KY TN GA FL NC VA PA NY OH China, Hong Kong, S. Korea, Myanmar, Taiwan, Thailand, Dominican Rep, Mexico, Czech Rep., Hungary States with Trafficking Activity
Victims of Trafficking and Violence Protection Act of 2000 P.L. 106-386 28 October 2000
Major Provisions: Trafficking Victims Protection Act of 2000 (TVPA)
To 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. TVPA Objectives
DEPARTMENT OF JUSTICE Investigation Prosecution Services Through Grantees DEPARTMENT OF HEALTH & HUMAN SERVICES Federal & State Benefits Outreach & Public Education DEPARTMENT OF STATE International Focus Coordination of Interagency Task Force DEPARTMENT OF LABOR International Initiatives Wage & Hour Division Immigration Investigation DEPARTMENT OF HOMELAND SECURITY
TVPA provides victims: Legal Protections Immigration Relief Federal & State Assistance
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, AND Individual 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).
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.
Victims of Trafficking and Violence Protection Act of 2000 Temporary Residency in the U.S. Continued Presence T Visa U Visa
DEPARTMENT OF HOMELAND SECURITY Immigration Relief CONTINUED PRESENCE DEPARTMENT OF HOMELAND SECURITY Immigration Relief 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 SECURITY Immigration Relief CONTINUED PRESENCE DEPARTMENT OF HOMELAND SECURITY Immigration Relief Advantages Generally more expedient than T visa process One means of obtaining ORR certification and access to public benefits Provides work authorization Disadvantages Temporary relief Does not authorize adjustment to permanent resident status Valid only for such period the individual’s continued presence is deemed necessary for the prosecution of trafficking cases
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. T Visas for Victims of Severe Forms of Trafficking who: DEPARTMENT OF HOMELAND SECURITY Immigration Relief
T VISAS BASIC FACTS Annual Cap: 5,000 visas/year T Visa valid for 3 years Work Authorization T visa applicants/holders can file for immediate family members T visa recipients can adjust after 3 years (Regulations NOT issued yet) DEPARTMENT OF HOMELAND SECURITY Immigration Relief
DEPARTMENT OF HOMELAND SECURITY Immigration Relief Criminal activity must have violated U.S. laws or occurred in the U.S., its territories, or possessions. U Visa: Specific Crimes DEPARTMENT OF HOMELAND SECURITY Immigration Relief Including but not limited to: Trafficking Rape Torture Sexual Assault Sexual Exploitation Abusive Sexual Contact Peonage Slave Trade Involuntary Servitude Prostitution Domestic Violence Being Held Hostage Unlawful Criminal Restraint False Imprisonment Attempt, Conspiracy, or Solicitation to commit the listed crimes
DEPARTMENT OF HOMELAND SECURITY Immigration Relief 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. U Visas for crime victims who have suffered substantial physical or mental abuse: DEPARTMENT OF HOMELAND SECURITY Immigration Relief
DEPARTMENT OF HOMELAND SECURITY Immigration Relief 10,000 U visas per year (does not apply to immediate family members) Valid for 3 Years Provides for work authorization Immediate family members (spouse and children, and parents of children) may be eligible for U visas Authorizes adjustment to Legal Permanent Resident status after 3 years U Visa: Annual Cap & Benefits DEPARTMENT OF HOMELAND SECURITY Immigration Relief
DEPARTMENT OF HOMELAND SECURITY Immigration Relief Asylum Special Immigrant Juvenile Status VAWA Petitions Family-Based Petitions Temporary Protected Status Additional Avenues for Immigration Relief DEPARTMENT OF HOMELAND SECURITY Immigration Relief
IMPORTANT: CONSULT WITH A QUALIFIED IMMIGRATION PRACTITIONER
What are the needs of victims of trafficking? Interpretation services Crisis intervention Clothing Food Protection Legal assistance Medical & dental care Transportation Employment Mental health services Substance abuse treatment Childcare Life skills Housing (short & long- term) Education Adapted from: Clawson, Dr. Heather, and Kevonne Small. 2 April 2003. 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.
Service for clients Outreach & education Florida Freedom Florida Freedom Partnership
Services offered to victims of trafficking: Case management Legal assistance Clinical intervention Safe & appropriate housing Florida Freedom Partnership
rrent as of may 2002 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 Trafficking Assist with service provider & law enforcement collaboration. Offer comprehensive and specialized service provision for victims of trafficking. Outreach & Education
DEPARTMENT OF HEALTH & HUMAN SERVICES Benefits Certified victims of trafficking are eligible for benefits to the same extent as refugees. Benefits
DEPARTMENT OF HEALTH & HUMAN SERVICES Benefits Federal & State Mainstream Public Benefits: Medicaid Temporary Assistance for Needy Families Supplemental Security Income Food Stamps Refugee Programs & Trafficking Victim Services: Refugee Cash & Medical Assistance Matching Grant Program Benefits
DEPARTMENT OF HEALTH & HUMAN SERVICES Benefits Victims 18 years or older must be certified by the Dept. of Health & Human Service/Office of Refugee Resettlement Minors get letter of eligibility Benefits
VOLAGS, DCF, ESL Programs, etc. Accessing Benefits: -Accept certification or eligibility letter in lieu of immigration documents (handle with discretion). - Contact the Trafficking Verification Line (1-866-401-5510). - 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.
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