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Department
of Human Services Families
First Online Policy Manual Citizenship and Alien Status |
Revised: |
11.3 |
AN ALIEN WHO IS A VICTIM OF TRAFFICKING |
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The Trafficking Victims Protection Act of
2000 (TVPA) defines “Severe Forms of Trafficking in Persons” as: ·
Sex
trafficking The recruitment, harboring, transportation,
provision, or obtaining of a person for the purpose of a commercial sex act,
in which a commercial sex act is induced by force, fraud, or coercion, or in which
the person induced to perform such an act is under the age of 18 years. ·
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. Victims of Trafficking are eligible for benefits to the same extent as
refugees/aslyees.
To be potentially eligible for Families First benefits: ·
All adult
victims of a severe form of trafficking must be certified by the Office of
Refugee Resettlement (ORR) at Health and Human Services. HSS may certify as an adult victim of
trafficking one who: -
Is a victim
of a severe form of trafficking as defined by the Trafficking Victims
protection Act of 2000 (TVPA) -
Is willing
to assist in every reasonable way in the investigation and prosecution of the
trafficking case. -
Has made a
bona fide application for a “T visa.” -
Has received
continued presence status from the U.S. Customs and Immigration Services in
order to contribute to the prosecution of human traffickers. Note: The “T visa” is specifically designed for
certain human trafficking victims who cooperate with law enforcement against
those responsible for their enslavement.
The statute allows victims to remain in the Adult victims of trafficking are not required to provide any
documentation of their immigration status.
Instead, ORR will make certification determinations and issue
certification letters for adults who meet the certification requirements. Only ORR is authorized to issue these
certifications Child (under 18) victims of
trafficking do not need
to be certified in order to receive benefits.
ORR will issue “letters of eligibility” for children. ·
Accept the
adult certification letter or letter of eligibility for children as proof of
a status that confers potential eligibility for benefits. ·
Call the trafficking verification line at
1-866-401-5510 for verification before providing benefits. ·
During this
verification phone call, notify ORR of the benefits for which the trafficking
victim has applied. ·
Do not call SAVE to
confirm eligibility as SAVE does not have information on trafficking victims. ·
Do not deny
an application due to difficulty confirming identity. Call the trafficking verification line at
for assistance. ·
The entry date for victims of trafficking is
the certification date which appears in the body of the certification letter
for adults and the letter for children.
Bulletin 35, FA-07-16 |
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