T-Visas: Immigration Relief for Survivors of Human Trafficking

http://www.immigrantjustice.org

October 27, 2008

Chicago Bar Foundation – Pro Bono Week

• Promotes human rights and access to justice for immigrants, refugees, and asylum seekers through legal services, policy reform, impact litigation, and public education

• Provides legal education and representation to low-income immigrants, asylum seekers, and refugees, including survivors of domestic violence and victims of crimes, detained immigrant adults and children, victims of human trafficking, as well as immigrant families and others

National Immigrant Justice CenterPartner of the Heartland Alliance for Human Needs and Human Rights

The crime defined:To knowingly recruit, harbor, transport,

provide or obtain by any means, any person for labor or services in violation of the laws against peonage, slavery, involuntary servitude or forced labor.

18 USC § 1590

What is human trafficking?

• 14,500-17,500 persons trafficked annually to the United States

• Two million people trafficked annually across borders worldwide

• Twenty-seven million people in slavery around the world

Scope of the Issue

Trafficking v. Smuggling

• Crime or violation against a person

• Contains element of coercion

• Subsequent exploitation and/or forced labor

• Trafficked persons seen as victims

• Cannot consent to being trafficked

• Illegal crossing of an international border

• No coercion• Illegal entry only• Smuggled persons seen

as violators of the law

• Trafficking Victims Protection Act (TVPA), passed as part of Trafficking and Violence Prevention Act of 2000 (VAWA II)

• Trafficking Victims Protection Reauthorization Act (TVPRA) (2003)

• Violence Against Women Reauthorization Act of 2005 (VAWA III)

The U.S. Response

TVPA of 2000 - Highlights

• Protection: Provides trafficked persons immigration relief and other benefits

• Prosecution: Defines new crimes of trafficking and forced labor

• Prevention: Publishes annual Trafficking

In Persons Report on countries’ efforts in combating trafficking

Immigration Relief and Other Benefits

• Continued Presence: short-term immigration relief

• T-Visa: long-term immigration relief

• Benefits: Federal and state public assistance benefits

Continued PresenceLegal protection from removal

• Short-term relief• Only federal law enforcement can request• Granted by Department of Homeland

Security • Does not confer immigration status• Can simultaneously request employment

authorization• 2-6 weeks to process

Continued Presence Application

• Continued presence request form • Form I-102 (for initial or replacement I-94

arrival/departure document)• Form I-765 (for employment authorization)• G-28 (Notice of Entry of Appearance)• Passport photos of client• Client’s fingerprints

T-Visa: Long-Term Relief

• Legal status for four years• Work authorization for four years• Eligibility for federal and state public

benefits• Eligibility to adjust to permanent

resident status after three years

T-Visa: Who is eligible?

• Victim of a severe form of trafficking in persons• Physically present in the US on account of

human trafficking• Is willing to cooperate with any reasonable

request for assistance in investigation of acts of trafficking [cooperation not required of minors]

• Would suffer extreme hardship involving unusual and severe harm on removal

Severe Forms of Trafficking in Persons

Sex trafficking: commercial sex act is induced by force, fraud, or coercion OR the person induced to perform commercial sex act is not yet 18 years old

Labor trafficking: recruiting, harboring, moving, providing or obtaining a person for labor or services through force, fraud, or coercion for the purpose of subjecting him/her to involuntary servitude, peonage, debt bondage, or slavery

Severe Forms of Trafficking in Persons

Sex trafficking: commercial sex act is induced by force, fraud, or coercion OR the person induced to perform commercial sex act is not yet 18 years old

Labor trafficking: recruiting, harboring, moving, providing or obtaining a person for labor/services through force, fraud, or coercion, for the purpose of subjecting him/her to involuntary servitude, peonage, debt bondage, or slavery

T-Visa Application Cover letter Memorandum of law Form I-914: Application for T Nonimmigrant Status Form I-914, Supplement B: Law Enforcement

Certification Form G-28: Notice of Entry of Appearance as

Representative Form I-192 (if applicable): Application for Advance

Permission to Enter as a Non-Immigrant (with $545 fee until new regulations issued)

Biometric fee and passport photos Supporting evidence: victim’s affidavit, country

conditions, letters from counselors, etc.

T-Visa: Supporting Evidence

• Primary evidence of cooperation with law enforcement: Form I-914 Supplement B completed by federal law enforcement agent

• Secondary evidence of cooperation with law enforcement : Form I-914 Supplement B completed by state or local law enforcement agent

Supporting Evidence: AffidavitDraft statement in client’s own voiceInclude objective and subjective elementsBe prepared to review with your client and

revise many timesUse statement to establish all required

elements for T-VisaRemember that this is the only opportunity

USCIS has to “meet” your client

Three Elements Necessary to Meet Trafficking Definition

RecruitingHarboring

Moving or Obtaining

a person,

by

ForceFraud

or Coercion(psychological or physical)

For the purposes of

Involuntary Servitude,Debt Bondage,

Slavery, or Sex Trade

•How did you migrate?

•How did you find out about the job?

• What happened when you arrived?

• What was it like when you started to work?

• How did your job compare to what you expected?

• Were you paid? How much? How often?

• Did you try to leave your job? What happened?

• Are you afraid of your employer? Why?

T-Visa: Derivative Applicants

If applicant is under 21:• Spouse• Parents• Children• Unmarried siblings

under age 18

If applicant is over 21: • Spouse• Unmarried children

under 21

T-Visa applicants can include certain relatives as derivative applicants

Important Considerations for Communicating with Client

• Survivor may not identify self as victim of a crime

• Survivor should always be allowed to speak for him or herself

• Building trust is key• Non-judgmental environment is essential• Allow survivor to gain control over his or her

situation

Cultural Assumptions• Degree of connection of trafficking survivor

with own ethnic community• Degree of support of ethnic community for

trafficking survivor• Individual identity vs. group identity• View of mental health services• View of social services• Communication style• Class issues

For more information:Sehla Ashai

Staff AttorneyCounter-Trafficking Project

National Immigration Justice Center 208 South LaSalle Street

Suite 1818Chicago, Illinois 60604

(312) 660-1322

This project was supported, in part, by Grant No. 2003-VT-BX-K003 awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect those of the U.S. Department of Justice.