Page 119

ESA SNAP Policy Manual 103 8.6.3 Victims of a Severe Form of Trafficking and Battered Noncitizens Individuals identified as victims of specific violent acts such as battery, extreme cruelty or human trafficking qualify for SNAP benefits. These vulnerable noncitizens receive special exemptions from the standard restrictions on noncitizens’ SNAP eligibility. 8.6.3.1 Victims of a Severe Form of Trafficking The following noncitizens who have been subjected to a severe form of trafficking may be eligible to participate in SNAP:  A noncitizen who has been subjected to a severe form of trafficking in persons and who is certified by DHHS, to the same extent as a noncitizen who is admitted to the US as a refugee under Section 207 of the INA  A noncitizen who has been subjected to a severe form of trafficking in persons and who is under age 18, to the same extent as a noncitizen who is admitted to the US as a refugee under Section 207 of the INA  The spouse, child, parent or unmarried minor sibling of a noncitizen who is a victim of a severe form of trafficking in persons under age 21 and who has received a derivative T visa, to the same extent as a noncitizen admitted to the US as a refugee under Section 207 of the INA  The spouse or child of a noncitizen who is a victim of a severe form of trafficking in persons aged 21 or older and who has received a derivative T visa, to the same extent as a noncitizen who is admitted to the US as a refugee Under federal law, a “severe form of trafficking” has the following categories and meanings:  Sex trafficking: When someone recruits, harbors, transports, provides, solicits, patronizes or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud or coercion, or the person being induced to perform such act is under age 18  Labor trafficking: When someone recruits, harbors, transports, provides or obtains a person for labor or services through the use of force, fraud or coercion for the purpose of involuntary servitude, peonage, debt bondage or slavery 8.6.3.1.1 Determining if an Immigrant Is a Victim of a Severe Form of Trafficking Noncitizens who have been subjected to a severe form of trafficking in persons may be eligible for SNAP benefits and services under the Trafficking Victims Protection Act of 2000. The US Department of Homeland Security notifies the DHHS Administration for Children and Families when the agency receives a report of this nature. The Administration for Children and Families then issues a Certification Letter granting the person continued presence or T visa or noting that a bona fide T visa application has not been denied. Persons who have applied for a T visa may also receive a Certification Letter from DHHS Office of Refugee Resettlement. Return