Homeland Security Investigations Forging a New Legacy Homeland Security Investigations Victim Assistance Program / Immigration Relief for Victims of Trafficking April 30, 2014

Immigration Relief for Undocumented Victims and Their Families

How Can Immigration Relief Help? Homeland Security Investigations How Can Immigration Relief Help? Threat of Exposure Forms of Control Use and threat of… reprisals against loved ones Debt bondage Isolation Immigration relief can help law enforcement counter these forms of control…

Homeland Security Investigations Continued Presence One year legal status (renewable/extensions) Provided exclusively to victims of human trafficking when there is an open investigation or prosecution Parole may be available for family members When cooperating with law enforcement, victims with Continued Presence receive eligibility for refugee benefits Law enforcement tool for the investigation / prosecution of traffickers as well as a critical key to victim restoration

What About Family Members? Homeland Security Investigations What About Family Members? The VTVPA allows Significant Public Benefit Parole (SPBP) for derivatives of victims with Continued Presence Victims under 21: spouse, child, parent, and unmarried siblings under 18 years old Victims over 21: spouse and children

Immigration Relief: T-Visa Homeland Security Investigations Immigration Relief: T-Visa Self-petitioning by the victim Four year nonimmigrant status Provides work permit Family derivatives Provides certification for refugee benefits through the U.S. Department of Health and Human Services Can adjust to lawful permanent resident after three years or once the prosecution is complete

Immigration Relief: U-Visa Homeland Security Investigations Immigration Relief: U-Visa Self-petitioning by the victim Longer term immigration relief – 4 years NO access to public benefits Provides work permit Family derivatives USCIS approved the statutory maximum of 10,000 petitions for FY 14

U-Visa Qualifying Crimes Homeland Security Investigations U-Visa Qualifying Crimes Involves one or more of the following or any similar activity in violation of Federal, State, or local criminal law: Rape Torture Trafficking Incest Domestic Violence Sexual Assault Abusive Sexual Conduct Prostitution Sexual Exploitation Female Genital Mutilation Being Held Hostage Peonage Abduction Involuntary Servitude Slave Trade Kidnapping Unlawful Criminal Restraint False Imprisonment Blackmail Extortion Manslaughter Murder Felonious Assault Witness Tampering Obstruction of Justice Perjury Fraud – labor fraud; Harassment

Homeland Security Investigations Repatriation When a victim does not want to remain in the U.S., he or she has a right to safe return to home country NOT deportation Safe repatriation of trafficked individuals in the U.S. through coordination with the International Organization for Migration

PREVENTION ICE Indicator Cards Homeland Security Bengali Burmese Arabic Bengali Burmese Chinese French Indonesian Khmer Korean Lao Malay Portuguese Russian Spanish Taiwanese Thai Vietnamese Homeland Security 10

PREVENTION No Te Engañes Homeland Security I asked God to help me get out of my country, and the devil heard me. Homeland Security 11

Homeland Security Investigations Resources HSI TIP Line 866-DHS-2ICE www.ice.gov/exec/forms/hsi-tips/tips.asp HSI Headquarters Resources Human Smuggling and Trafficking Unit ICEHumanTrafficking.HelpDesk@dhs.gov HSI Victim Assistance Program Victimassistance.ice@ice.dhs.gov 866-872-4973 DHS Wide Resources www.dhs.gov/humantrafficking Cyber Tipline www.cybertipline.com 800-843-5678 T and U VISAS http://www.uscis.gov/news/consular-processing-overseas-derivative-t-and-u-nonimmigrant-status-family-members-questions-and-answers