2144 Victims of Trafficking

The Trafficking Victims Protection Act of 2000, Public Law No. 106-386, makes adult victims of severe forms of trafficking who have been certified by the U.S. Department of Health and Human Services (HHS) eligible for benefits and services to the same extent as refugees. Children who have been subjected to trafficking are also eligible like refugees but do not need to be certified. The Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA), Public Law 108-193, expands the categories of non-citizens eligible to participate under the Trafficking Victims Protection Act of 2000 to include minor children, spouses and in some cases the parents and sibling of victims of severe trafficking. Also see item 5 below.

HHS' Office of Refugee Resettlement (ORR) will make certification determinations and issue letters of certification for victims of severe forms of trafficking. ORR also will issue similar letters for children who have been subjected to trafficking.

When a victim of trafficking applies for benefits; the procedures for refugees are in effect with the following exceptions:

Accept the certification letter provided by ORR as proof of a status that confers eligibility for benefits instead of requiring Immigration and Naturalization Service (INS) documentation, such as the I-94 Arrival/Departure Card. Applicants must submit the original certification letter to receive benefits.

Call the trafficking verification toll-free number, 1-866-401-5510 to confirm the validity of the certification letter or similar letter for children and notify ORR of the benefits for which the individual has applied. ( NOTE : at this time, SAVE does not contain information about victims of severe forms of trafficking. Until further notice, do not contact SAVE concerning victims of severe forms of trafficking.) See item 5.

The individual's "entry date" for refugee benefits purposes is the certification date, which appears in the body of the certification letter or letter for children.

Issue benefits to the same extent as a refugee, provided the victim of a severe form of trafficking meets other program eligibility criteria (e.g., income levels). Record the expiration date of the certification letter or letter for children so that benefit-granting agencies will be prepared to conduct re-determinations of eligibility at that time.

Victims of trafficking are issued T Visas. Under the TVPRA, eligible relatives of trafficking victims are entitled to visas designated as T-2, T-3, T-4 or T-5 (collectively referred to as "Derivative T Visas"), and after issuance of the visas are eligible for federally funded benefits to the same extent as direct victims of severe trafficking, provided that they meet the other eligibility criteria for the programs. Under TVPRA, the relatives of victims of trafficking are entitled to Derivative T Visas under the following conditions: In the case of an alien who is awarded a T visa and who is under 21 years of age on the date the T visa application was filed, Derivative T Visas are available to the alien's spouse, children, unmarried siblings under 18 years of age on the date on which the alien's visa application was filed, and parents. In the case of an alien who is awarded a T visa and was 21 of age or older on the date the T visa application was filed, the Derivative T Visas are available to the alien's spouse and children.

It should be noted that a copy of the certification letter is not to be accepted. The client must present the "original" letter in order to qualify for benefits. Even if you know that an individual has been certified as a trafficking victim, that individual is not eligible for benefits until they have presented the original certification letter. It should also be noted that the Act does not give victims of trafficking refugee status under immigration laws. Rather, victims of trafficking are treated like refugees for benefits purposes.

If an individual applies who appears to qualify as a trafficking victim but the individual does not have the supporting documentation, the worker should contact KDHE-DHCF Policy for guidance.