florida human tra_0408
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TRANSCRIPT
• What is human trafficking? Trafficking Demographics
• Where does it occur? Source Countries & Destination
States
• What legal protections currently exist?
Trafficking Victims Protection Act
• What is being done to respond? Programs & Benefits
As the 21st century begins, the degrading institution of
slavery continues throughout the
world. . .
Anywhere from 700,000 to 4 million individuals, primarily women and children,
are trafficked within or across national borders
annually.
Every 10 minutes, a person is trafficked into the United States.
Every year, at least 20,000 people are trafficked into our country.
Up to 750,000 women may have been trafficked into the U.S. over the past decade.
Modern Day
Slavery
Human Trafficki
ng
What is human trafficking?
Sex trafficking by force, fraud, or coercion or in which the person is induced to perform such an act is under 18.
forcefraudcoercion
under 18
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.
Involuntary servitude
Peonage
Debt bondage
Slavery
Involuntary servitude
Peonage
Debt bondage
Slavery
Forms of Trafficking
Trafficking can take place in a variety of labor
situations
Sex Industry
Domestic Servitude
Peddling trinkets on streets, public transportation
Begging
Migrant Agricultural Work
Factories
Restaurants
Sweatshops
Why do victims fall prey to the
practice?
Political instability
Militarism
Civil unrest
Natural disasters in homeland
Promises of economic
opportunities or a better life.
Certain social & cultural practices
increase vulnerability to traffickers.
Fear of HIV/AIDS makes young children
increasingly attractive to traffickers.
Methods of Recruitment & Countries of Origin
Fraud
Trickery
False promises
Familiarity
(N. Jersey) Mexico
(Maryland)
Russia, Ukraine
(Washington, D.C.)
Thailand, Vietnam,. Malaysia, Dominican Republic, China
(Connecticut) Korea, Taiwan, Hong Kong,
Thailand
Mexico
China, Malaysia, Thailand,
Vietnam, Brazil, Costa Rica,
Mexico, Russia
China, Malaysia, Thailand, Vietnam, Honduras, Guatemala
China, Malaysia, Thailand, Vietnam,
Belarus, Latvia
Hong Kong, South Korea,
Taiwan, Thailand
China, India, Malaysia, Thailand, Vietnam, Mexico
China, Malaysia, Thailand, Vietnam
China, Malaysia, Thailand, Vietnam
WA
CA
NV
AZ TX
COIL
IN
KY
TN
GA
FL
NC
VA
PA
NY
OH
China, Hong Kong, S. Korea,
Myanmar, Taiwan, Thailand,
Dominican Rep, Mexico, Czech Rep., Hungary
States with Trafficking Activity
Victims of Trafficking and Violence Protection Act of
2000
P.L. 106-38628 October 2000
Major Provisions:Trafficking Victims
Protection Act of 2000(TVPA)
• To prevent trafficking by increasing economic opportunities and raising awareness.
• To protect and assist victims of trafficking by providing federal and state benefits & services.
• To prosecute traffickers through increased law enforcement and stiffer penalties.
TVPA Objectives
DEPARTMENT OF JUSTICE
Investigation
Prosecution
Services Through Grantees
DEPARTMENT OF HEALTH & HUMAN
SERVICES
Federal & State Benefits
Outreach & Public Education
DEPARTMENT OF STATE
International Focus
Coordination of Interagency Task
Force
DEPARTMENT OF LABOR
International Initiatives
Wage & Hour Division
Immigration
Investigation
DEPARTMENT OF HOMELAND SECURITY
TVPA provides victims:
• Legal Protections • Immigration Relief• Federal & State
Assistance
Certification Process:• Individual must be a victim of a severe
form of trafficking,
• Individual must be willing to assist in the investigation and prosecution of traffickers,
AND• Individual must have made a bona fide application for a T visa OR been granted continued presence by the Bureau of Citizenship & Immigration Services (formerly INS).
Certification Process:MINOR ELIGIBILITY
- Individual has not attained 18 years of age.
- ORR determines that individual is a victim of a severe form of trafficking.
NOT REQUIRED - Cooperation in the investigation and
prosecution of a trafficking case.- Bona fide T visa application.
- Continued presence.
IMMIGRATION
REMEDIES
Victims of Trafficking and Violence Protection Act of
2000
Temporary Residency in the U.S.
• Continued Presence• T Visa• U Visa
DEPARTMENT OF HOMELAND SECURITY
Immigration Relief
CONTINUED PRESENCE
DEPARTMENT OF HOMELAND SECURITY
Immigration Relief
What is it?
Means by which the BCIS (formerly INS) grants temporary immigration relief to victims of severe forms of trafficking who are potential witnesses.
Who can petition BCIS for continued presence?
Federal law enforcement agents only.
DEPARTMENT OF HOMELAND SECURITY
Immigration Relief
CONTINUED PRESENCE
DEPARTMENT OF HOMELAND SECURITY
Immigration Relief
Advantages • Generally more
expedient than T visa process
• One means of obtaining ORR certification and access to public benefits
• Provides work authorization
Disadvantages
• Temporary relief • Does not authorize
adjustment to permanent resident status
• Valid only for such period the individual’s continued presence is deemed necessary for the prosecution of trafficking cases
•Comply with investigation or prosecution of traffickers (for individuals over 15).
•Are physically present in the U.S., American Samoa, Northern Mariana Islands, or port of entry on account of trafficking.
•Suffer extreme hardship involving unusual & severe harm if removed from the U.S.
T Visas for Victims of Severe Forms of Trafficking who:
DEPARTMENT OF HOMELAND SECURITY
Immigration Relief
T VISASBASIC FACTS
• Annual Cap: 5,000 visas/year • T Visa valid for 3 years • Work Authorization• T visa applicants/holders can file for immediate family members • T visa recipients can adjust after 3 years (Regulations NOT issued yet)
DEPARTMENT OF HOMELAND SECURITY
Immigration Relief
DEPARTMENT OF HOMELAND SECURITY
Immigration Relief
Criminal activity must have violated U.S. laws or occurred in the U.S., its territories, or possessions.
U Visa: Specific Crimes
DEPARTMENT OF HOMELAND SECURITY
Immigration Relief
Including but not limited to: TraffickingRape TortureSexual AssaultSexual ExploitationAbusive Sexual ContactPeonageSlave Trade
Involuntary ServitudeProstitutionDomestic ViolenceBeing Held Hostage Unlawful Criminal Restraint
False Imprisonment
Attempt, Conspiracy, or Solicitation to
commit the listed crimes
DEPARTMENT OF HOMELAND SECURITY
Immigration Relief
•Victim must possess information concerning the crime.
•Application must include a certification from a federal, state, or local law enforcement officer, judge, prosecutor, or BCIS stating that the victim is helping, has helped, or likely to be helpful with the investigation or prosecution of the crime.
U Visas for crime victims who have suffered substantial physical or mental abuse:
DEPARTMENT OF HOMELAND SECURITY
Immigration Relief
DEPARTMENT OF HOMELAND SECURITY
Immigration Relief
• 10,000 U visas per year (does not apply to immediate family members)
• Valid for 3 Years
• Provides for work authorization
• Immediate family members (spouse and children, and parents of children) may be eligible for U visas
• Authorizes adjustment to Legal Permanent Resident status after 3 years
U Visa: Annual Cap & Benefits
DEPARTMENT OF HOMELAND SECURITY
Immigration Relief
DEPARTMENT OF HOMELAND SECURITY
Immigration Relief
• Asylum• Special Immigrant Juvenile Status
• VAWA Petitions • Family-Based Petitions• Temporary Protected Status
Additional Avenues for Immigration Relief
DEPARTMENT OF HOMELAND SECURITY
Immigration Relief
IMPORTANT:
CONSULT WITH A QUALIFIED IMMIGRATION
PRACTITIONER
What are the needs of victims of trafficking?
• Interpretation services
• Crisis intervention• Clothing• Food• Protection• Legal assistance• Medical & dental care• Transportation
• Employment• Mental health services• Substance abuse
treatment• Childcare• Life skills• Housing (short & long-
term)• Education
Adapted from: Clawson, Dr. Heather, and Kevonne Small. 2 April 2003. Needs Assessment of Service Providers & Trafficking Victims. Washington, DC: U.S. Department of Justice, National Institute of Justice, Caliber Associates. Findings to be published August 2003.
What is being done to respond?
•Service for clients
•Outreach & education
Florida Freedom Florida Freedom Partnership
Services offered to victims of trafficking:
• Case management
• Legal assistance
• Clinical intervention
• Safe & appropriate housing
Florida Freedom Partnership
rrent as of may 2002
Raise Public Awareness• Increase awareness about trafficking in Dade,
Broward, Palm Beach, St. Lucie, Collier, and Monroe Counties.
• Provide information about the TVPA and the protections available for victims of trafficking.
Coordinate Response to Assist and Protect Victims of Trafficking
• Assist with service provider & law enforcement collaboration.
• Offer comprehensive and specialized service provision for victims of trafficking.
Outreach & Education
DEPARTMENT OF HEALTH & HUMAN
SERVICES
Benefits
Certified victims of trafficking are eligible for benefits to the same extent as refugees.
Benefits
DEPARTMENT OF HEALTH & HUMAN
SERVICES
Benefits
Federal & State Mainstream Public Benefits:• Medicaid• Temporary Assistance for Needy Families• Supplemental Security Income• Food Stamps
Refugee Programs & Trafficking Victim Services:• Refugee Cash & Medical Assistance• Matching Grant Program
Benefits
DEPARTMENT OF HEALTH & HUMAN
SERVICES
Benefits
•Victims 18 years or older must be certified by the Dept. of Health & Human Service/Office of Refugee Resettlement
•Minors get letter of eligibility
Benefits
VOLAGS, DCF, ESL Programs, etc.
Accessing Benefits:-Accept certification or eligibility letter in lieu of immigration documents (handle with discretion).
- Contact the Trafficking Verification Line (1-866-401-5510).
- Serve victim of trafficking with a valid certification letter as any other individual with refugee status.
- Note the certification date as date of arrival for benefits purposes.
- Ensure that the victim keeps the original certification or eligibility letter.
The Declaration of Independence recognizes the inherent dignity and worth of all people.
The Declaration of Independence recognizes the inherent dignity and worth of all people.
It states that all men are created equal and that they are endowed by their Creator with certain inalienable rights.
It states that all men are created equal and that they are endowed by their Creator with certain inalienable rights.
The right to be free from slavery and involuntary servitude is among those inalienable rights.
The right to be free from slavery and involuntary servitude is among those inalienable rights.— TVPA Section 102 (22)
