Presentation on theme: "Trafficking Victim’s Protection Reauthorization Act of 2008 Section 235 - Effective March 23, 2009 Naomi Jiyoung Bang, STCL Asylum/HT Clinic."— Presentation transcript:
Trafficking Victim’s Protection Reauthorization Act of 2008 Section Effective March 23, 2009 Naomi Jiyoung Bang, STCL Asylum/HT Clinic
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)
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
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
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.
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
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)
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
Asylum ◦ Victims of persecution ◦ Gang/family violence SIJ (abused, abandoned, neglected) T visa (trafficking victims)
Legal immigration status Employment authorization Legal Reprieve – from pending deportation. Benefits for derivatives ◦ Parents, siblings
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
(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.fraud 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 WE WILL HELP YOU!
August 29, :30 to 12:30 (TBD) Nuts and Bolts CLE South Texas College of Law 4 hours CLE credit