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Trafficking Victim’s Protection Reauthorization Act of 2008 Section 235 - Effective March 23, 2009 Naomi Jiyoung Bang, STCL Asylum/HT Clinic.

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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:

1 Trafficking Victim’s Protection Reauthorization Act of 2008 Section Effective March 23, 2009 Naomi Jiyoung Bang, STCL Asylum/HT Clinic

2  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)

3  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

4  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

5  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.

6  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

7  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)

8  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

9  Asylum ◦ Victims of persecution ◦ Gang/family violence  SIJ (abused, abandoned, neglected)  T visa (trafficking victims)

10  Legal immigration status  Employment authorization  Legal Reprieve – from pending deportation.  Benefits for derivatives ◦ Parents, siblings

11 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

12  (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

13  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.

14  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!

15  August 29, :30 to 12:30 (TBD)  Nuts and Bolts CLE South Texas College of Law  4 hours CLE credit 


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