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. . . testtttinggg

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.

Human Trafficking Modern Day Slavery

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. force fraud coercion 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 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 Natural disasters in homeland Militarism Civil unrest Natural disasters in homeland

economic opportunities 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

States with Trafficking Activity China, Hong Kong, S. Korea, Myanmar, Taiwan, Thailand, Dominican Rep, Mexico, Czech Rep., Hungary China, Malaysia, Thailand, Vietnam China, Malaysia, Thailand, Vietnam Hong Kong, South Korea, Taiwan, Thailand China, Malaysia, Thailand, Vietnam, Belarus, Latvia WA (Connecticut) Korea, Taiwan, Hong Kong, Thailand NY PA (N. Jersey) Mexico IN OH NV IL VA CO (Maryland) Russia, Ukraine KY CA NC China, India, Malaysia, Thailand, Vietnam, Mexico TN GA (Washington, D.C.) Thailand, Vietnam,. Malaysia, Dominican Republic, China AZ TX FL Mexico China, Malaysia, Thailand, Vietnam, Brazil, Costa Rica, Mexico, Russia States with Trafficking Activity China, Malaysia, Thailand, Vietnam, Honduras, Guatemala

Victims of Trafficking and Violence Protection Act of 2000 P.L. 106-386 28 October 2000

Trafficking Victims Protection Act Major Provisions: Trafficking Victims Protection Act of 2000 (TVPA)

TVPA Objectives 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.

DEPARTMENT OF HOMELAND SECURITY Immigration Investigation DEPARTMENT OF HOMELAND SECURITY DEPARTMENT OF STATE International Focus Coordination of Interagency Task Force DEPARTMENT OF JUSTICE Investigation Prosecution Services Through Grantees DEPARTMENT OF HEALTH & HUMAN SERVICES Federal & State Benefits Outreach & Public Education DEPARTMENT OF LABOR International Initiatives Wage & Hour Division

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

CONTINUED PRESENCE 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 DEPARTMENT OF HOMELAND SECURITY Immigration Relief

CONTINUED PRESENCE Disadvantages Advantages 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  Advantages   Generally more expedient than T visa process One means of obtaining ORR certification and access to public benefits Provides work authorization DEPARTMENT OF HOMELAND SECURITY Immigration Relief DEPARTMENT OF HOMELAND SECURITY Immigration Relief

T Visas for Victims of Severe Forms of Trafficking who: 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. DEPARTMENT OF HOMELAND SECURITY Immigration Relief

T VISAS BASIC 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

Attempt, Conspiracy, or Solicitation to commit the listed crimes U Visa: Specific Crimes Criminal activity must have violated U.S. laws or occurred in the U.S., its territories, or possessions. Including but not limited to:   Trafficking Rape Torture Sexual Assault Sexual Exploitation Abusive Sexual Contact Peonage Slave Trade Involuntary Servitude Prostitution Domestic Violence Being Held Hostage Unlawful Criminal Restraint False Imprisonment   Attempt, Conspiracy, or Solicitation to commit the listed crimes DEPARTMENT OF HOMELAND SECURITY Immigration Relief DEPARTMENT OF HOMELAND SECURITY Immigration Relief

U Visas for crime victims who have suffered substantial physical or mental abuse: 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. DEPARTMENT OF HOMELAND SECURITY Immigration Relief DEPARTMENT OF HOMELAND SECURITY Immigration Relief

U Visa: Annual Cap & Benefits 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 DEPARTMENT OF HOMELAND SECURITY Immigration Relief DEPARTMENT OF HOMELAND SECURITY Immigration Relief

Additional Avenues for Immigration Relief Asylum Special Immigrant Juvenile Status VAWA Petitions Family-Based Petitions Temporary Protected Status DEPARTMENT OF HOMELAND SECURITY 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?

Florida Freedom Partnership Service for clients Outreach & education

Florida Freedom Partnership Services offered to victims of trafficking: Case management Legal assistance Clinical intervention Safe & appropriate housing In May 2001, ORR issued guidance to benefit-granting agencies State Refugee Coordinators and NGOs explaining the requirements for certification and the documentation and eligibility procedures. ORR issued additional guidance to benefit-granting agencies, State Refugee Coordinators and NGOs in January 2002.

rrent as of may 2002 Outreach & Education 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. In May 2001, ORR issued guidance to benefit-granting agencies State Refugee Coordinators and NGOs explaining the requirements for certification and the documentation and eligibility procedures. ORR issued additional guidance to benefit-granting agencies, State Refugee Coordinators and NGOs in January 2002.

DEPARTMENT OF HEALTH & HUMAN SERVICES Benefits Certified victims of trafficking are eligible for benefits to the same extent as refugees. DEPARTMENT OF HEALTH & HUMAN SERVICES 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 DEPARTMENT OF HEALTH & HUMAN SERVICES 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 DEPARTMENT OF HEALTH & HUMAN SERVICES Benefits

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. VOLAGS, DCF, ESL Programs, etc.

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)

305-443-0102 info@floridafreedom.org To report trafficking crimes or to receive information on victims’ services: 305-443-0102 info@floridafreedom.org