COMBINED MANUAL ISSUE DATE 012019 NONCITIZENS TRAFFICKING VICTIMS

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NON-CITIZENS - TRAFFICKING VICTIMS

COMBINED MANUAL ISSUE DATE 01/2019


NON-CITIZENS - TRAFFICKING VICTIMS 0011.03.30




Certified Victims of Human Trafficking are eligible for Federal and State benefits and services to the same extent as a refugee. For additional information on documentation demonstrating Victim of Trafficking or derivative status, see Documentation Guide for People Fleeing Persecution & Victims of Trafficking.

UNDERSTANDING STATUS

Human trafficking is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often target at-risk populations and vulnerable individuals who are disconnected from stable support networks. Under Federal law, the term “severe forms of trafficking” is defined as:

Sex trafficking: The recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act which is induced by force, fraud, or coercion. Any child under the age of 18 who has been subjected to a commercial sex act is a victim of trafficking regardless of force, fraud, or coercion.

Labor trafficking: The 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.



United States immigration law defines a certification process for victims of trafficking; certification provides victims with the necessary documentation needed to be eligible for benefits and services so they can rebuild their lives in the United States. To receive certification, victims must:

Meet the criteria for certification as a victim of severe form of trafficking.

Be willing to assist in the investigation and prosecution of human traffickers or be unable to cooperate due to physical or psychological trauma


AND 1 OF THE FOLLOWING:

Have made application for a T Visa that has not been denied.

The T Visa provides victims with a non-immigrant status for up to 4 years to assist federal authorities in the investigation and prosecution of human trafficking cases and obtain an Employment Authorization Document (EAD). Once a T Visa is granted, a victim can apply for Lawful Permanent Resident (LPR) status after 3 years.

Have received Continued Presence (CP) from the Department of Homeland Security (DHS) in order to contribute to the prosecution of human traffickers.

CP provides victims with temporary immigration status for 1 year to assist federal authorities in the investigation and prosecution of human trafficking cases, and to obtain an EAD. The federal government may renew CP in 1-year increments.




Derivative T Visa

Certain immediate family members of trafficking victims may be eligible for Derivative T Visas under the following conditions:

Victims under the age of 21: Derivative T Visas are available to the spouse of the victim, minor children, unmarried siblings under the age of 18 on the date the victim’s application was filed, and parents.

Victims over the age of 21: Derivative T Visas are available to the victim’s spouse and children.




ESTABLISHING ELIGIBILITY

The Office on Trafficking in Persons (OTIP) within the Administration for Children and Families (ACF) at the US Department of Health and Human Services (HHS) is responsible for issuing certification/eligibility/interim assistance letters for victims of trafficking who meet criteria. Once granted, HHS certification/eligibility/interim assistance establishes eligibility for federal and state benefits to the same extent as a refugee.


Certification Letters
Issued to an adult victim of trafficking who has been granted Continued Presence or a T Visa, or has a pending application for a T Visa. Certification letters do not expire. Eligibility for benefits and services begins on the date of certification listed in the letter.

Eligibility Letters
Issued to child victims of trafficking (under the age of 18), who do not need to be certified to receive federal and state benefits and services. HHS issues an eligibility letter stating that a child is a victim of a severe form of trafficking and is eligible for benefits and services. Eligibility Letters do not expire. Eligibility for benefits and services begins on the date of eligibility listed in the letter.

Interim Assistance Letters
Issued to children who may be victims of trafficking while OTIP determines whether the child is a victim of a severe form of trafficking. An interim assistance letter establishes eligibility for federal and state programs and services. Interim Assistance Letters expire after 90 days, and are extendable for an additional 30 days while this determination is in process. Eligibility for benefits and services begins on the interim assistance start date listed in the letter.

Derivative T-Visa
Issued to certain immediate family members of trafficking victims.

Persons with derivative T status do not receive, and are not required to present, a Certification Letter or Eligibility Letter to demonstrate eligibility for benefits and services.

For a family member already in United States when T status is granted, the date of eligibility for benefits and services is the notice date on the Notice of Action of approval of that individual’s Derivative T status.

For a family member who enters the United States on the basis of a Derivative T Visa, the date of eligibility for benefits and services is the date of US arrival.



When establishing benefit eligibility for victims of trafficking:

Do not require proof of U.S. Citizenship and Immigration Services (USCIS) documentation.

Accept HHS certification letters for adult victims and eligibility or interim assistance letters for victims under age 18 as proof of status for conferring eligibility for benefits. Retain a photo copy in the case file and return the original copy to the applicant.

The HHS letters contain a toll-free trafficking verification telephone number. You must call the Trafficking Victim Verification Line at 1-866-401-5510 to verify the validity of a claim before providing benefits to the applicant, and to notify ORR of the type of benefits for which the applicant is applying.

The HHS letters contains a certification, eligibility or interim assistance date. Use this date as the person’s “entry date” for purposes of benefit eligibility.

If an Interim Assistance Letter expires prior to determination of eligibility as a victim of trafficking, do not automatically close the case. Call the trafficking verification line at 1-866-401-5510 to verify ongoing eligibility for benefits and services.

Trafficking victims may not yet possess standard identity documents, such as driver’s licenses and social security cards. Do not delay or deny the application because of lack of identity documents. The HHS letter and HHS phone verification satisfy identity and status eligibility.

You must assist trafficking victims who do not yet have or are unable to obtain Social Security numbers for work purposes to obtain non-work Social Security numbers.

Do not contact the Systematic Alien Verification for Entitlements (SAVE) system to confirm eligibility for benefits for trafficking victims. SAVE does not contain information about trafficking victims.

If you encounter a trafficking victim who does not have a letter from HHS to prove his/her claim, but appears to meet the condition of victim of severe forms of trafficking, seek consultation from the Trafficking Victim Verification Line at 1-866-401-5510. You may also contact the DHS Resettlement Programs Office at 651-431-3846.



Request Help for Victims / Report Suspected Trafficking

The National Human Trafficking Hotline is a dedicated national, toll-free, confidential anti-trafficking hotline that is available 24 hours a day in more than 200 languages. For help for a victim or to report a tip on potential trafficking:

For adult victims:

Contact the National Human Trafficking Resource Center
1-888-373-7888
https://humantraffickinghotline.org/

For victims under age 18:

Contact a Child Protection Specialist at the Office for Trafficking in Persons (OTIP)
1-202-205-4582



For additional information on trafficking victims, see TEMP Manual TE02.05.88 (Trafficking Victims Q&A).




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