Page 133

MS 0562

[1]

Volume 1 - General Administration MS 0562 - R. 6/1/26 - OMTL- 696 [Documentation for Alien Victims of Trafficking

Traffickers force young men, women, and children into prostitution, slavery, and forced labor through coercion, threats of physical violence, psychological abuse, torture, and imprisonment. The worker doesn't need to determine whether someone is a victim of a severe form of trafficking or to contact the United States Citizenship and Immigration Service (USCIS) or any division of the Department of Justice (DOJ) to consult on these issues.

The Trafficking Victims Protection Act of 2000 (Public Law 106-386) provides that “victims of a severe form of trafficking” are eligible for benefits and services administered by the Department for Community Based Services (DCBS). Individuals identified as victims and their eligible relatives are treated as aliens who are admitted to the United States as refugees and are not barred from receiving benefits during their first five years in the United States. Eligible relatives include the spouse and dependent children of the victim, and if the victim is a child, the child's parents and siblings. This eligibility is without regard to the actual immigration status of such victims.

The Office of Refugee Resettlement (ORR) is designated to certify that an adult is a victim of a severe form of trafficking. Children under 18 years of age do not need to be certified. However, the child must still be determined eligible for benefits as a minor victim of a severe form of trafficking. ORR issues a certification letter for adults and a letter, similar to the adult certification letter, for children. These letters serve as verification that the individual is a victim of trafficking.

Use the following policy and procedures when processing cases that contain a member who is a victim of human trafficking.

A. Applications for Kentucky Transitional Assistance Program (KTAP), Medicaid, or Supplemental Nutrition Assistance Program (SNAP) who are victims of a severe form of trafficking must present their letter from ORR to the worker.

1. Accept the ORR letters in place of Immigration and Naturalization Service (INS) documentation. Victims of a severe form of trafficking are not required to provide proof of their immigration status. Do not complete a Systematic Alien Verification for Entitlement (SAVE) inquiry on the victims.

2. Email ORR to confirm the validity of the ORR letter and to notify ORR of the type of benefits for which the individual has applied.

B. The entry date for the individual is the certification date that appears in the body of the ORR letter.

C. If the individual does not have documents to verify identity, contact ORR for assistance.

D. If the individual does not have or cannot obtain a Social Security Number (SSN) for work purposes, assist the individual in obtaining an SSN for non-work