Transcript Document

• What is human trafficking?
Trafficking Demographics
• Where does it occur?
Source Countries & Destination States
• What legal protections currently exist?
Trafficking Victims Protection Act
• What is being done to respond?
Programs & Benefits
As the 21st century
begins, the degrading
institution of slavery
continues throughout
the world. . .
Anywhere from 700,000
to 4 million individuals,
primarily women and
children, are trafficked
within or across national
borders annually.
Every 10 minutes, a person is
trafficked into the United States.
Every year, at least 20,000 people
are trafficked into our country.
Up to 750,000 women may have
been trafficked into the U.S. over
the past decade.
Human
Trafficking
Modern
Day
Slavery
What is human trafficking?
Sex trafficking by
fraud or
force
force, fraud,
coercion or in
which the person
is induced to
perform such an
act is under 18
18.
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.
Involuntary servitude
Peonage
Debt bondage
Slavery
Forms of Trafficking
Trafficking can take
place in a variety of
labor situations
Sex Industry
Domestic Servitude
Peddling trinkets on streets, public transportation
Begging
Migrant Agricultural Work
Factories
Restaurants
Sweatshops
Why do victims fall
prey to the practice?
Political instability
Militarism
Civil unrest
Natural disasters in homeland
Promises of
economic opportunities
or a better life.
Certain social & cultural
practices increase
vulnerability to traffickers.
Fear of HIV/AIDS makes
young children increasingly
attractive to traffickers.
Methods of Recruitment &
Countries of Origin
Fraud
Trickery
False promises
Familiarity
China,
Malaysia,
Thailand,
Vietnam
Hong Kong,
South Korea,
Taiwan,
Thailand
China, Hong Kong,
S. Korea,
Myanmar, Taiwan,
Thailand,
Dominican Rep,
Mexico, Czech
Rep., Hungary
China,
Malaysia,
Thailand,
Vietnam
China,
Malaysia,
Thailand,
Vietnam,
Belarus, Latvia
WA
Korea,
Taiwan, Hong Kong,
Thailand
(Connecticut)
NY
PA
NV
IL
CO
States with
Trafficking
Activity
VA
KY
CA
China, India,
Malaysia,
Thailand,
Vietnam,
Mexico
(N. Jersey)
IN OH
NC
Mexico
(Maryland)
Russia, Ukraine
TN
(Washington, D.C.)
GA
AZ
Thailand, Vietnam,. Malaysia,
Dominican Republic, China
TX
FL
Mexico
China,
Malaysia,
Thailand,
Vietnam,
Honduras,
Guatemala
China,
Malaysia,
Thailand,
Vietnam, Brazil,
Costa Rica,
Mexico, Russia
Victims of Trafficking and Violence
Protection Act of 2000
P.L. 106-386
28 October 2000
Major Provisions:
Trafficking Victims Protection Act
of 2000
(TVPA)
TVPA Objectives
• To prevent trafficking by increasing
economic opportunities and raising
awareness.
• To protect and assist victims of trafficking by
providing federal and state benefits & services.
• To prosecute traffickers through increased law
enforcement and stiffer penalties.
DEPARTMENT OF
HOMELAND
SECURITY
Immigration
Investigation
DEPARTMENT OF
STATE
International Focus
Coordination of
Interagency Task
Force
DEPARTMENT OF
HEALTH & HUMAN
SERVICES
DEPARTMENT OF
JUSTICE
Investigation
Prosecution
Services Through
Grantees
Federal & State Benefits
Outreach & Public
Education
DEPARTMENT OF
LABOR
International Initiatives
Wage & Hour Division
TVPA provides victims:
• Legal Protections
• Immigration Relief
• Federal & State Assistance
Certification Process:
• Individual must be a victim of a severe form of
trafficking,
• Individual must be willing to assist in the
investigation and prosecution of traffickers,
AND
• Individual must have made a bona fide application
for a T visa OR been granted continued presence by
the Bureau of Citizenship & Immigration Services
(formerly INS).
Certification Process:
MINOR ELIGIBILITY
- Individual has not attained 18 years of age.
- ORR determines that individual is a victim of a
severe form of trafficking.
NOT REQUIRED
- Cooperation in the investigation and
prosecution of a trafficking case.
- Bona fide T visa application.
- Continued presence.
IMMIGRATION
REMEDIES
Victims of Trafficking and Violence
Protection Act of 2000
Temporary Residency in the U.S.
• Continued Presence
• T Visa
• U Visa
CONTINUED PRESENCE
What is it?
Means by which the BCIS (formerly INS) grants
temporary immigration relief to victims of
severe forms of trafficking who are potential
witnesses.
Who can petition BCIS for continued
presence?
Federal law enforcement agents only.
DEPARTMENT OF
OF
DEPARTMENT
HOMELANDSECURITY
SECURITY
HOMELAND
Immigration Relief
CONTINUED PRESENCE
Disadvantages
Advantages
• Temporary relief
• Does not authorize
adjustment to permanent
resident status
• Valid only for such period
the individual’s continued
presence is deemed
necessary for the
prosecution of trafficking
cases
• Generally more expedient
than T visa process
• One means of obtaining
ORR certification and
access to public benefits
• Provides work
authorization
DEPARTMENT OF
OF
DEPARTMENT
HOMELANDSECURITY
SECURITY
HOMELAND
Immigration Relief
T Visas for Victims of Severe Forms of
Trafficking who:
•Comply with investigation or prosecution of
traffickers (for individuals over 15).
•Are physically present in the U.S., American
Samoa, Northern Mariana Islands, or port of
entry on account of trafficking.
•Suffer extreme hardship involving unusual &
severe harm if removed from the U.S.
DEPARTMENT OF
HOMELAND SECURITY
Immigration Relief
T VISAS
BASIC FACTS
• Annual Cap: 5,000 visas/year
• T Visa valid for 3 years
• Work Authorization
• T visa applicants/holders can file for
immediate family members
• T visa recipients can adjust after 3
years
(Regulations NOT issued yet)
DEPARTMENT OF
HOMELAND
SECURITY
Immigration Relief
U Visa: Specific Crimes
Criminal activity must have violated U.S. laws or
occurred in the U.S., its territories, or possessions.
Including but not
limited to:
Trafficking
Rape
Torture
Sexual Assault
Sexual Exploitation
Abusive Sexual Contact
Peonage
Slave Trade
Involuntary Servitude
Prostitution
Domestic Violence
Being Held Hostage
Unlawful Criminal
Restraint
False Imprisonment
Attempt, Conspiracy, or
Solicitation to commit
the listed crimes
DEPARTMENT OF
OF
DEPARTMENT
HOMELANDSECURITY
SECURITY
HOMELAND
Immigration Relief
U Visas for crime victims who have suffered
substantial physical or mental abuse:
•Victim must possess information concerning
the crime.
•Application must include a certification from
a federal, state, or local law enforcement
officer, judge, prosecutor, or BCIS stating that
the victim is helping, has helped, or likely to
be helpful with the investigation or
prosecution of the crime.
DEPARTMENT OF
DEPARTMENT OF
HOMELANDSECURITY
SECURITY
HOMELAND
Immigration Relief
U Visa: Annual Cap & Benefits
• 10,000 U visas per year (does not apply to
immediate family members)
• Valid for 3 Years
• Provides for work authorization
• Immediate family members (spouse and children,
and parents of children) may be eligible for U visas
• Authorizes adjustment to Legal
Permanent Resident status after 3 years
DEPARTMENT OF
OF
DEPARTMENT
HOMELANDSECURITY
SECURITY
HOMELAND
Immigration Relief
Additional Avenues for
Immigration Relief
•
•
•
•
•
Asylum
Special Immigrant Juvenile Status
VAWA Petitions
Family-Based Petitions
Temporary Protected Status
DEPARTMENT OF
OF
DEPARTMENT
HOMELANDSECURITY
SECURITY
HOMELAND
Immigration Relief
IMPORTANT:
CONSULT WITH A
QUALIFIED IMMIGRATION
PRACTITIONER
What are the needs of victims
of trafficking?
•
•
•
•
•
•
•
•
Interpretation services
Crisis intervention
Clothing
Food
Protection
Legal assistance
Medical & dental care
Transportation
•
•
•
•
•
•
Employment
Mental health services
Substance abuse treatment
Childcare
Life skills
Housing (short & longterm)
• Education
Adapted from: Clawson, Dr. Heather, and Kevonne Small. 2 April 2003. Needs Assessment of Service
Providers & Trafficking Victims. Washington, DC: U.S. Department of Justice, National Institute of
What is being done to respond?
Florida Freedom Partnership
•Service for clients
•Outreach & education
Florida Freedom Partnership
Services offered to victims of trafficking:
• Case management
• Legal assistance
• Clinical intervention
• Safe & appropriate housing
Outreach
&
Education
rrent as of may 2002
Raise Public Awareness
•
Increase awareness about trafficking in Dade,
Broward, Palm Beach, St. Lucie, Collier, and Monroe Counties.
•
Provide information about the TVPA and the protections available
for victims of trafficking.
Coordinate Response to Assist and Protect Victims
of Trafficking
•
Assist with service provider & law enforcement collaboration.
•
Offer comprehensive and specialized service provision for victims
of trafficking.
Benefits
Certified victims of trafficking are
eligible for benefits to the same extent
as refugees.
DEPARTMENT OF HEALTH &
HUMAN SERVICES
Benefits
Benefits
Federal & State Mainstream Public Benefits:
• Medicaid
• Temporary Assistance for Needy Families
• Supplemental Security Income
• Food Stamps
Refugee Programs & Trafficking Victim Services:
• Refugee Cash & Medical Assistance
DEPARTMENT OF HEALTH &
• Matching Grant Program
HUMAN SERVICES
Benefits
Benefits
• Victims 18 years or older must be
certified by the Dept. of Health &
Human Service/Office of Refugee
Resettlement
• Minors get letter of eligibility
DEPARTMENT OF HEALTH &
HUMAN SERVICES
Benefits
Accessing Benefits:
-Accept certification or eligibility letter in lieu of immigration
documents (handle with discretion).
- Contact the Trafficking Verification Line (1-866-401-5510).
- Serve victim of trafficking with a valid certification letter as any
other individual with refugee status.
- Note the certification date as date of arrival for
benefits purposes.
- Ensure that the victim keeps the original
certification or eligibility letter.
VOLAGS, DCF,
ESL Programs, etc.
The Declaration of
Independence
recognizes the
inherent dignity
and worth of all
people.
The Declaration of
Independence
recognizes the
inherent dignity
and worth of all
people.
It states that all men are created
equal and that they are endowed
by their Creator with certain
inalienable rights.
It states that all men are created
equal and that they are endowed
by their Creator with certain
inalienable rights.
The right to be free from
slavery and involuntary
servitude is among those
inalienable rights.
The right to be free from
slavery and involuntary
servitude is among those
inalienable rights.
— TVPA Section 102 (22)
To report trafficking crimes or to receive
information on victims’ services:
305-443-0102
[email protected]