1. Homeland Security Investigations
Forging a New Legacy
Homeland Security Investigations
Victim Assistance Program / Immigration Relief
for Victims of Trafficking
April 30, 2014

2. Immigration Relief for Undocumented Victims and Their Families

3. How Can Immigration Relief Help?
Homeland Security Investigations
How Can Immigration Relief Help?
Threat of Exposure
Forms of Control
Use and threat of…
reprisals against loved ones
Debt bondage
Isolation
Immigration relief can help law enforcement counter these forms of control…

4. Homeland Security Investigations
Continued Presence
One year legal status (renewable/extensions)
Provided exclusively to victims of human trafficking when there is an open investigation or prosecution
Parole may be available for family members
When cooperating with law enforcement, victims with Continued Presence receive eligibility for refugee benefits
Law enforcement tool for the investigation / prosecution of traffickers as well as a critical key to victim restoration

5. What About Family Members?
Homeland Security Investigations
What About Family Members?
The VTVPA allows Significant Public Benefit Parole (SPBP) for derivatives of victims with Continued Presence
Victims under 21: spouse, child, parent, and unmarried siblings under 18 years old
Victims over 21: spouse and children

6. Immigration Relief: T-Visa
Homeland Security Investigations
Immigration Relief: T-Visa
Self-petitioning by the victim
Four year nonimmigrant status
Provides work permit
Family derivatives
Provides certification for refugee benefits through the U.S. Department of Health and Human Services
Can adjust to lawful permanent resident after three years or once the prosecution is complete

7. Immigration Relief: U-Visa
Homeland Security Investigations
Immigration Relief: U-Visa
Self-petitioning by the victim
Longer term immigration relief – 4 years
NO access to public benefits
Provides work permit
Family derivatives
USCIS approved the statutory maximum of 10,000 petitions for FY 14

8. U-Visa Qualifying Crimes
Homeland Security Investigations
U-Visa Qualifying Crimes
Involves one or more of the following or any similar activity in violation of Federal, State, or local criminal law:
Rape
Torture
Trafficking
Incest
Domestic Violence
Sexual Assault
Abusive Sexual Conduct
Prostitution
Sexual Exploitation
Female Genital Mutilation
Being Held Hostage
Peonage
Abduction
Involuntary Servitude
Slave Trade
Kidnapping
Unlawful Criminal Restraint
False Imprisonment
Blackmail
Extortion
Manslaughter
Murder
Felonious Assault
Witness Tampering
Obstruction of Justice
Perjury
Fraud – labor fraud; Harassment

9. Homeland Security Investigations
Repatriation
When a victim does not want to remain in the U.S., he or she has a right to safe return to home country
NOT deportation
Safe repatriation of trafficked individuals in the U.S. through coordination with the International Organization for Migration

10. PREVENTION ICE Indicator Cards Homeland Security Bengali Burmese
Arabic
Bengali
Burmese
Chinese
French
Indonesian
Khmer
Korean
Lao
Malay
Portuguese
Russian
Spanish
Taiwanese
Thai
Vietnamese
Homeland Security 10

11. PREVENTION No Te Engañes Homeland Security
I asked God to help me get out of my country, and the devil heard me.
Homeland Security 11

12. Homeland Security Investigations
Resources
HSI TIP Line
866-DHS-2ICE
HSI Headquarters Resources
Human Smuggling and Trafficking Unit
HSI Victim Assistance Program
DHS Wide Resources
Cyber Tipline
T and U VISAS