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. |
● |
Have received Continued Presence (CP) from the
Department of Homeland Security (DHS) in order to contribute to
the prosecution of human traffickers. |
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 |
● |
Eligibility Letters |
● |
Interim Assistance Letters |
● |
Derivative T-Visa |
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. |
● |
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 |
For victims under age 18: |
Contact a Child Protection Specialist at the
Office for Trafficking in Persons (OTIP) |
For
additional information on trafficking victims, see TEMP Manual
TE02.05.88 (Trafficking Victims Q&A).
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