Page 455

COMBINED MANUAL

ISSUE DATE 01/2019

NON-CITIZENS - TRAFFICKING VICTIMS

0011.03.30

Certified Victims of Human Trafficking are eligible for Federal and State benefits and services to the same extent as a refugee. For additional information on documentation demonstrating Victim of Trafficking or derivative status, see Documentation Guide for People Fleeing Persecution & Victims of Trafficking.

UNDERSTANDING STATUS

Human trafficking is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often target at-risk populations and vulnerable individuals who are disconnected from stable support networks. Under Federal law, the term “severe forms of trafficking” is defined as:

● Sex trafficking: The recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act which is induced by force, fraud, or coercion. Any child under the age of 18 who has been subjected to a commercial sex act is a victim of trafficking regardless of force, fraud, or coercion.

● Labor trafficking: The recruitment, harboring, transportation, provision, or obtaining of a 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.

United States immigration law defines a certification process for victims of trafficking; certification provides victims with the necessary documentation needed to be eligible for benefits and services so they can rebuild their lives in the United States. To receive certification, victims must:

● Meet the criteria for certification as a victim of severe form of trafficking.

● Be willing to assist in the investigation and prosecution of human traffickers or be unable to cooperate due to physical or psychological trauma

AND 1 OF THE FOLLOWING:

● Have made application for a T Visa that has not been denied.

The T Visa provides victims with a non-immigrant status for up to 4 years to assist federal authorities in the investigation and prosecution of human trafficking cases and obtain an Employment Authorization Document (EAD). Once a T Visa is granted, a victim can apply for Lawful Permanent Resident (LPR) status after 3 years.

● Have received Continued Presence (CP) from the Department of Homeland Security (DHS) in order to contribute to the prosecution of human traffickers.

CP provides victims with temporary immigration status for 1 year to assist federal authorities in the investigation and prosecution of human trafficking cases, and to obtain an EAD. The federal government may renew CP in 1-year increments.

Derivative T Visa

Certain immediate family members of trafficking victims may be eligible for Derivative T Visas under the following conditions:

● Victims under the age of 21: Derivative T Visas are available to the spouse of the victim, minor children, unmarried siblings under the age of 18 on the date the victim’s application was filed, and parents.

● Victims over the age of 21: Derivative T Visas are available to the victim’s spouse and children.

ESTABLISHING ELIGIBILITY