Transcript Special Considerations for Child Trafficking Victims Katherine Kaufka, International Organization for Adolescents (IOFA) [email protected] www.iofa.org Ivy Lee Asian Pacific Islander Legal Outreach [email protected] www.apilegaloutreach.org ABA National Training Institute on Civil.

Special Considerations for
Child Trafficking Victims
Katherine Kaufka,
International Organization for Adolescents (IOFA)
[email protected]
www.iofa.org
Ivy Lee
Asian Pacific Islander Legal Outreach
[email protected]
www.apilegaloutreach.org
ABA National Training Institute on Civil Legal Needs of Human Trafficking Victims
October 2-3, 2008
Legal Guidelines
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Victims of Child Abuse Act (1990)
Federal Victim-Laws
Trafficking victims also victims of other
crimes (child abuse, sexual assault, battery,
domestic violence etc.)
 Research legal protection and services available
on local and federal level
Legal Rights of Children
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Non-US Citizen Children:
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Return Home
Remain in US
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SIJ, T visa, U visa
URM program
Family reunification
Under TVPA, minors are not required to cooperate with law
enforcement for public benefits and immigration relief
Extension of child abuse statute of limitations
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Protect Act
Guidelines
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Victims of Child Abuse Act (1990)
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Ensures protection of children in court and throughout
criminal justice system
AG Guidelines (18 USC sec. 3509)
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Extension of child abuse statute of limitations
Consultation with multidisciplinary teams
Privacy & Protection
Closing the courtroom and alternatives to in-court
testimony
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Check your state guidelines and local policies
Child trafficking victims also victims of other crimes
(child abuse, sexual assault, battery, domestic
violence etc.)
TVPA: definitions
Defines “severe form of trafficking” as:
The recruitment, harboring, transportation, provision, or
obtaining of 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
The recruitment, harboring, transportation, provision, or
obtaining of person for the purpose of a commercial sex
act where such act is induced by force, fraud, or coercion,
or where the person induced to perform such act has
not attained 18 years of age.
22 U.S.C. 7102
TVPA: legal changes (cont.)
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Creates new offenses, such as forced labor, trafficking into
servitude, sex trafficking of children, document servitude
Establishes that physical force is no longer required element
to prove enslavement – psychological coercion sufficient
Covers acts involved in recruitment, abduction, transport,
harboring, transfer, sale, or receipt of persons through
force, fraud, or coercion, for forced labor or commercial
sex acts against person’s will
Strengthens sentencing guidelines – adds life imprisonment
for death, kidnapping, or aggravated sexual abuse of a
victim
Asian Anti-Trafficking Collaborative © 2008
Case #1
Sam was 9 years old when he was smuggled into the U.S. from
Guatemala. He was reunited with his father who was living with
his new girlfriend, Gladys. While Sam's father was working long
hours as a construction worker, Gladys began to keep Sam from
school and instead, made him work for her cleaning homes and
offices, forcing him to scrub toilets with bare hands. She would
never physically hurt him in fear that Sam's dad would find out,
instead, she starved him if he "acted up." One day, Gladys left
Sam alone while she went out with her friends. A neighbor heard
crying and called the police and they found Sam leashed to the
backyard porch, eating food out of a dirty bucket. Child
Protective Services placed Sam into a foster home until the court
decided it was safe to reunite Sam with his dad.
Asian Anti-Trafficking Collaborative © 2008
Red Flags:
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Evidence of abuse (physical, mental or sexual)
Employer is holding identity and/or travel documents
Working unusually long hours
Unpaid or paid very little
Not in school or significant gaps in schooling in the US
Living at workplace or with employer
Heightened sense of general fear (for self and family),
unusual distrust of law enforcement
Inability to speak to the child alone
Engaged in prostitution or induced to perform a
commercial sex act
Asian Anti-Trafficking Collaborative © 2008
Case #2
Mila is from West Africa. She comes from a village that does not
register children at birth. Her mother was very sick, and Mila was
brought to the US by her mother’s friend to work when she was
about 10 yrs old. When she got to the US, her documents were
taken from her, and she was told she was illegal. She worked
around the clock as a domestic servant, suffering from verbal
and physical abuse until she was 15, when she was told by her
mother’s friend that her mother had died. Mila decided to run
away. A man she met on the street offered to “help” her and
instead, prostituted her out for a year until she ran away again.
She couldn’t find a job, so she decided to go back into
prostitution, until a John offered to “help” her get into school
and brought her to a social service agency.
Case #3
Kiesha is a 15 year old girl from Chicago. Things
weren’t so good and home and she decided to run away
and live with her boyfriend. He asked Kiesha to turn
some tricks to “help” him financially, and promised her
a house and future together. She was arrested on
prostitution charges and referred to child protective
services. Child protective services placed her in a
temporary facility where she ran away to be with her
boyfriend, who continues to prostitute Kiesha.
Interview Tactics
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Minimize trauma – prepare questions in advance
Interpreter should be same gender as victim
Introduce yourself, explain what you do and your relationship to
victim
Provide a brief roadmap of interview
Explain why you need information, why important to be honest
Say it’s OK if he or she doesn’t know, doesn’t remember, or it’s too
hard to talk about it
Simplify your language – “indictment” “plea” “force” “coercion” are
not part of child’s vocabulary
Stop for questions, be patient
Be creative
Don’t begin with controversial or sensitive issues
Take breaks as necessary
“Bookend” the interview
Issues that come up
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Shelter and legal guardian – “Why can’t I live
with my…?”
Safety of family at home
Isolation – contact with friends and family
extremely important
Social and medical services
Trust between NGOs, service providers, and
law enforcement
Behavioral Ramifications
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*
Lack of ability or unwillingness to identify him/herself as
victim
Combative or manipulative attitude
Self-hatred: cutting, suicidal tendencies
Difficulty concentrating
Childish or dependent behaviors
Over-sexualized demeanor/behaviors
Social withdrawal due to fear of stigmatization
Personality disorder
Lack of life skills
Refusal to act or participate due to apathy and hopelessness
*Barbara Mitchels, “Let’s Talk: Developing effective communication with child victims of abuse and human trafficking, Practical handbook for social workers,
police and other professionals,” UNMIK, Government of Kosovo, Ministry of Labour and Social Welfare, UNICEF )September 2004
Multi-Agency Response: WHO
Social Service
Providers
Interpreters
Case managers
Foster Care Parents
Therapist
Child Protective
Services
Doctor, Dentist, Etc.
Child Advocacy Ctr
Volunteers
State and federal
benefit issuing
agencies
Legal Service
Providers
Federal Law
Enforcement
Local Law
Enforcement
Immigration
Attorney
DOJ
State’s Attorney
AUSA
VWC
GAL
VWC
Pro bono attorney
FBI
Municipal
Police/Investigator
Civil attorney
ICE
Interpreters
DOL/EEOC
Defense Attorney
IRS
Interpreters
County
Police/Investigator
State
Police/Investigator
LEA Interpreters
Freedom Network Training Institute © 2008
Immigration Remedies for
Victims of Trafficking
Short term:
Continued Presence
Long term:
T-Visa
U Visa
Trafficking
Violent Crimes
Special Immigrant
Juvenile Visa
ASYLUM
VAWA
Freedom Network Training Institute © 2008
What Is Continued Presence?
• NOT a visa
•Revocable at anytime
temporary immigration relief for trafficking
victims who may potentially be witnesses
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provides work authorization
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makes the victim eligible for “certification”
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request made by law enforcement
What Is Certification?
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DHS will issue continued presence or grant
bona fide T visa status and inform the Office
of Refugee and Resettlement (“ORR”) when a
victim receives continued presence
ORR provides the certification letter
It makes victims of trafficking eligible for
refugee benefits:
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Refugee Cash Assistance
Food Stamps
Medi-Cal
Job Placement Assistance
Certifying Children < 18
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Children <18 do NOT have to be cooperating
witnesses to be eligible for certification
Federal, state or local LEA or attorney of child
can submit request to ORR
“Eligibility” letter = “Certification” letter for
adults
Necessary for placement into special programs
for unaccompanied minors
Freedom Network Training Institute © 2008
The Indirect Victim
If direct victim is deceased due to murder or
manslaughter or is incapacitated or incompetent
and unable to assist law enforcement (includes
children under 21), qualifying indirect victims
include:
Spouse
 Children under 21
Unmarried siblings under 18 if direct victim is or was
under 21
 Parents if the direct victim is or was under 21
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Note: “victim” in U visa statute is more restrictive than
“victim” in many state penal codes
Overview Of The Criminal Process
Prosecution
& Pretrial
Services
Adjudication
Sentencing
& Sanctions
•Interviews
•Charges filed
•Arraignment
•Sentencing
•Probation
•Investigations
•Appearance
•Trial
•Sanctions
•Prison
•Arrest
•Preliminary
Hearing
•Guilty Plea
Entry Into
System
Corrections
CRIME
•Complaint
•Conviction
•Bail or
Detention
Hearing
•Grand Jury
•Indictment
VICTIM
SERVICES
Continued Presence
Civil Suit
T Visa/SIJ
Ongoing NGO Services: Housing, Mental & Physical Health, Life Skills, etc.
Freedom Network Training Institute © 2008
Legal Proceedings
CriminalJustice
Justice Process
Process
Criminal
Immigration
Process
Immigration
Process
Goal: plea/conviction of
trafficker
 Victim as witness
 Proving trafficker(s) guilt
 Jury/judge as final arbiter
 Public process
 Continued Presence
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Goal: legalization of victim
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Victim as self-petitioner
Proving client is a victim
Immigration officer as final
arbiter
“Private” process
Continued Presence
T Visa
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Freedom Network Training Institute © 2008
Stabilization
Immigration track
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Immigration status lawful and stable (T visa, eligible to adjust
status)
Authorized to work in the U.S.
Criminal track
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(Successful) completion of investigation/prosecution
Civil track
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Successful pursuit of back wages, damages, etc.
Everything Else: mental and emotional well-being; firm
concept and execution of choice; reunification with
family…
Asian Anti-Trafficking Collaborative © 2008
Care for the Caregivers
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Team case management
Work in shifts
Set limits – physical and
mental/emotional
Respect parameters of
your and others’ roles
“no work on Sundays”
Set expectations for
colleagues, family,
friends, clients
Anticipate possible
conflicts: legal and
nonlegal and
develop
appropriate
protocols before
crisis!
Asian Anti-Trafficking Collaborative ©
2008