Transcript Human Trafficking 101

The Rights of the Unaccompanied Alien Children and the
Duties of Federal, State, and Local Governments
3:00 P.M. T & U Non-Immigrant Visas
Kristin Zipple-Shedd, Supervising Attorney, Catholic Charities
Maurice Hew, Clinic Director and Professor of Law,
Thurgood Marshall School of Law
Michelle Permenter, Director of Victim Witness Unit,
Harris Co. District Attorney’s Office
Houston Community College
5601 West Loop
Houston Texas
July 31, 2o14
Human Trafficking
and the T Visa
Catholic Charities
Cabrini Center for Immigrant Legal Assistance
Kristin Zipple-Shedd
Forms of Human Trafficking
Forced commercial sexual exploitation: “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 forced to perform such an act is under the age
of 18 years.”
2. Forced labor: “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.”
22 U.S.C. § 7102(8)
1.
Elements of Human Trafficking
 Force
 Physical beatings
 Sexual Violence (rape)
 Drug/Alcohol abuse
 Withholding of documents
 Deprivation (lack of food/water)
 Physical restraint
 Confinement/Isolation
 Fraud
 False documents
 False offers of employment (American dream enticement)
 Deception
 Coercion
 Debt bondage (repayment of expenses)
 Psychological Abuse
 Control through threats of violence to victim or victim’s family
 reporting to immigration officials
Two UAC HT Survivors
“Juan” left his home in Honduras due “Sandra” came to the U.S. with her
to extreme poverty at the age of 7 boyfriend, who promised her work
and lived on the streets until he
caring for his aunt’s children.
came to the U.S. at age 13. After
However, after they arrived in
entering the U.S., Juan walked
Houston, he left her with his aunt,
from Laredo to El Paso where he
who forced her to work at a
met Mr. B, who offered him food
cantina to pay off a debt she didn’t
and shelter. He worked on the
know she had accrued until after
ranch and in the family business
she arrived. Sandra endured
from 5am until 6pm seven days a
physical, sexual, verbal, and
week, lived in unsanitary
emotional abuse as her
conditions without enough food or perpetrators forced her to work 12
water, and feared for his life.
hours a day doing things at the
cantina that continue to haunt her.
Purpose of T (and U Visas)
 Humanitarian/Protection of Victims
 Public Interest
 Encourages victims to cooperate with law
enforcement and facilitates trust between
police and immigrant community
 Holds perpetrators accountable
Immigration Remedies for HT Victim:
Continued Presence
 Temporary authorized stay in the U.S.
 One year, can be renewed
 Valid only as long as the government deems it necessary
 Employment authorization
 Not a path to permanent status
22 U.S.C. § 7105(c)(3)
Immigration Remedies:
T Visa
 Lawful T visa status for 4 years, INA § 214(o)(7)
 If law enforcement certifies that victim’s presence is
necessary, status may be extended
 Employment Authorization , 8 C.F.R. § 214.11(l)(4)
 Same benefits to derivative beneficiaries
 Possibility of adjustment to Legal Permanent Residency
Immigration Remedies:
T Visa Requirements
1.
2.
3.
4.
Victim of severe form of trafficking in persons,
Physically present in the United States on account
of human trafficking or the investigation of human
trafficking,
Suffer extreme hardship involving unusual and
severe harm if removed from the United States, and
Cooperate with Law Enforcement in the
investigation or prosecution of trafficking, unless
victim is under 18 or waiver
Element 1:
Victim of Severe Form of Trafficking
 Involuntary Servitude. 22 U.S.C. §7102(5) (2008);
see 18 U.S.C. §1584.
 Peonage. See 18 U.S.C. §1581.
 Debt Bondage. 22 U.S.C. §7102(4).
 Slavery. See 18 U.S.C. §1583.
 Forced Labor. See 18 U.S.C. §1589.
 Forced Commercial Sex Act. 22 U.S.C. §7102(8)(a).
Element 2:
Physically Present on Account of
Trafficking
 Present because s/he was trafficked,
 Present because s/he recently escaped from a trafficking
scheme, or
 Present in the US as direct result of past trafficking
 Even one trip back to home country can eliminate T‐visa
option.
8 U.S.C. §1101(a)(15)(T)(i)(I) (2008); 8 C.F.R. §214.11(g) (2008).I
Element Three:
Extreme Hardship
 Age and Personal Circumstances
 Physical or Mental Illness
 Trafficking‐Related Physical or Psychological Consequences
 Loss of Access to Courts
 Laws, Social Practices, or Customs of Home Country
 Risk to Physical Safety or of Being Re-victimized
8 C.F.R. §214.11(i)
Element Four:
Cooperation with Law Enforcement
 I-914, Supplement B, Declaration of Law Enforcement
Officer for Victim of Trafficking in Persons (uscis.gov)




Victimization
Investigation and/or Prosecution
Victim’s Cooperation with Law Enforcement
Unlike the U Visa, certification is not required (although
good as it is primary evidence of cooperation)
 Secondary Evidence




Victim Declaration
Communication with Law Enforcement
Copies of Correspondence
Affidavit from Liaison
T (and U) Visa
Derivative Family Members
 Two main rules:
 Must be a qualifying family member
 Must be admissible, and not culpable in the qualifying crime
 Victim over 21
 Spouse, children (under 21 and unmarried)
 Victim under 21
 Spouse, children (under 21 and unmarried), unmarried
siblings under 18, parents
 The Applicant may apply for Derivatives who live in the US or
abroad. If the derivative lives abroad, he/she will need to go
through consular processing in order to enter the US.
Contact Information
Kristin Zipple-Shedd
Supervising Attorney, Crime Victims Program
[email protected]
713-875-6550
U VISAS
U Visa Summary Requirements
8 U.S.C. § 1101(a)(15(U) ; INA § 101(a)(15)(U),
8 CFR §214.14
 Victim of a statutorily-listed crime in violation of U.S. law or in US
territories or possessions
Rape, torture, trafficking, incest, dom. violence, sexual assault, abusive sexual contact,
prostitution, sexual exploitation, FGM, being held hostage, peonage,
involuntary servitude, slave trade, kidnapping, abduction, false imprisonment,
blackmail, extortion, manslaughter, murder, felonious assault, witness tampering,
obstruction of justice, perjury… …or attempt, conspiracy, or solicitation to commit
any of the above-mentioned crimes, or any similar activity in violation of federal, state
or local criminal law INA §101(a)(15)(U)(iii)
 Helpfulness in a criminal investigation or prosecution.
• Substantial physical or mental abuse.
 Law enforcement certification of helpfulness – INA §
214(p)(1). Unlike the T, I 918 B certification form required
for approval of U status.
CERTIFYING AGENCY
A Federal, state, or local law enforcement agency, prosecutor,
judge, or other authority responsible for the investigation or
prosecution of a qualifying crime or criminal activity.
8 CFR §214.14 (a)(2)
6 month rule-the certification must be signed within the
six months immediately preceding the filing.
8 CFR§214.14 (c)(2)(ii)
FAMILY MEMBERS
8 CFR § 214.14(a)(10)
 If victim 21 years of age or older-
Spouse and or children
 If victim 21 years of age or younger
Spouse, children, parents, unmarried siblings under the age
of 18
INADMISSIBILITY BENEFITS
Under INA § 212(d)(14) all grounds of inadmissibility
may be waived for U nonimmigrant applicants EXCEPT INA §
212(a)(3)(E)
 Nazi persecution, genocide, torture,
extrajudicial killing
 Waiver standard
 Discretionary
 If in the public or national interest
U VISA Benefits
ADMINISTRATIVE
 Lawful immigration status for a four-year duration unless more




time required for investigation or prosecution - INA § 214(p)(6)
 Can file an I-539 to extend status
Derivative family member cannot be issued duration longer than
principal
U visa is a temporary visa. Can seek permanent residency status,
after the U.
Employment authorization.
Continued Presence
U VISA BENEFITS
Removal Proceedings
 Administrative stay of removal order INA § 237(d)
 Administrative closure or joint motion to terminate
removal proceedings for one who has established a prima
facie case for a T or a U 8 CFR § 214.14(c)(ii)
 Termination of removal proceedings for one whose T or
U is approved.
Criminal Proceedings
 Termination of criminal proceedings
Contact Information
Maurice Hew, Jr.*
Clinic Director and Associate Professor of Law
Thurgood Marshall School of Law
3100 Cleburne Street
Houston, TX 77004
713.313.7275(tel)
713.313.1191(fax)
*Board Certified, Immigration and Nationality Law,
Texas Board of Legal Specialization
T and U Non-Immigrant Visas
Working with the Immigrant Community
Harris County District Attorney’s Office
Victim Witness Division
Michelle Permenter
Why Provide a Certification?
 Identify and prosecute criminals
 Encourage reporting of crime
 Overcome obstacles to victim cooperation
 Provide humanitarian relief
What Obstacles are faced in Obtaining
the Law Enforcement Certification?
 Agency does not have certification policy
 Misunderstandings and misperceptions certifying agencies
have about the process
Does the Harris County District
Attorney’s Office have a Policy?
 Will review only cases where charges are filed and are
pending or disposed cases up to three years post disposition
date.
Contact Information
Michelle Permenter, Director
Victim Witness Division
Harris County District Attorney’s Office
[email protected]
Work (713) 755-6655
Fax (713) 755-0452