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State
Letter SL01-13
Frequently
Asked Questions Benefits
for Victims of Trafficking under
The Trafficking Victims Protection Act of 2000
(1) Are
adult victims of trafficking eligible for benefits to the same extent
as refugees?
Yes, provided
they have been certified and meet other program eligibility requirements
(e.g., income levels). Under The Trafficking Victims Protection
Act (the Act), adult victims of trafficking who have been certified
by the U.S. Department of Health and Human Services (HHS) are eligible
for benefits to the same extent as refugees.
(2) Are
children who have been subjected to trafficking eligible for benefits
to the same extent as refugees?
Yes. Children
who are under 18 years old and who have been subjected to trafficking
are eligible for benefits to the same extent as refugees. Children
do not need to be certified.
(3) What
is trafficking?
Under section
103(8) of the Act, the term "severe forms of trafficking in persons"
means:
(A) sex trafficking
in which a commercial sex act is induced by force, fraud, or coercion,
or in which the person induced to perform such act has not attained
18 years of age; or
(B) 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.
(4) What
is certification?
HHS, after
consultation with the Attorney General, may certify an adult victim
of trafficking who (1) is willing to assist in every reasonable
way in the investigation and prosecution of trafficking cases AND
(2) has made a bona fide application for a T visa OR is a person
whose continued presence the Attorney General is ensuring to effectuate
a prosecution of traffickers.
(5) Who
conducts certification activities?
The Office
of Refugee Resettlement (ORR) at HHS has been delegated the authority
to conduct certification activities. Benefit-issuing agencies are
not authorized to issue certifications. Similarly, other federal
government agencies are not authorized to issue certifications.
(6) Does
ORR conduct certification activities without consulting the Attorney
General?
No. After consultation
with the Attorney General, ORR may certify victims of trafficking
who meet the certification requirements.
(7) Do
children who have been subjected to trafficking need certification?
No.
Children who have been subjected to trafficking do NOT need to be
certified in order to receive benefits. Minors, under 18 years old,
who have been subjected to trafficking are eligible for benefits to
the same extent as refugees, without having to be certified. At this
time, ORR is issuing letters, similar to adult certification letters
(see #8), stating that the child is a victim of a severe form of trafficking
and is therefore eligible for benefits to the same extent as a refugee.
A sample letter is attached.
(8) What
proof do adult victims have that they have been certified?
At
this time, adult victims of trafficking who have been certified will
be issued a certification letter by ORR. A sample certification letter
is attached. However, please note that the signature and make-up of
this letter may change in the coming months.
(9) What
documents must adult victims of trafficking submit to a benefit-issuing
agency when they apply for benefits?
Adult
victims of trafficking must submit their certification letters. To
apply for benefits, adult victims do NOT need to provide any immigration
documents.
(10)
Will victims of trafficking have standard identity documents?
When
confirming identity, agencies may find that many victims of trafficking
do not yet possess standard identity documents, such as driver's licenses.
If agencies have difficulty confirming identity in these cases, they
should not automatically deny the applications but should call the
trafficking verification line at (202) 401-5510 for assistance.
(11)
Will victims of trafficking have social security numbers for work
purposes?
Some
victims of trafficking may not yet have or may not be able to obtain
social security numbers for work purposes. Agencies should assist
these individuals in obtaining non-work social security numbers by
following the instructions in ORR State Letter #00-23.
(12)
Do victims of trafficking need social security numbers to receive
ORR-funded benefits and services?
No.
States cannot require that applicants for ORR-funded assistance and
services provide social security numbers. While Medicaid, Temporary
Assistance for Needy Families and Food Stamp eligibility rules require
applicants for benefits who do not have social security numbers to
apply for them, the State may not delay, deny or discontinue assistance
pending the issuance of their social security numbers. States and
local agencies also must assist applicants to apply for social security
numbers. See ORR State Letter #00-23.
(13)
How do victims of trafficking apply for certification?
At
this time, ORR is in the process of developing procedures under which
an individual may apply for certification as a victim of trafficking.
Until formal procedures are developed, requests for certification
are being handled on a case-by-case basis. If benefit-granting agencies
encounter an individual that they believe may meet the definition
in the Act, they should call Michael Jewell at (202) 401-4561, Neil
Kromash at (202) 401-5702 or their State Analyst. If agencies encounter
a child that they believe has been subjected to trafficking, they
should call Loren Bussert at (202) 401-4732. Agencies should note
that certification is not automatic. ORR must consult with various
offices at the Department of Justice (DOJ) prior to a certification.
Therefore, in order to expedite the process, agencies may want to
contact Lorna Grenadier, DOJ, Criminal Section of the Civil Rights
Division at (202) 616-3807.
(14)
Does the Act give victims of trafficking refugee status under immigration
laws?
No.
The Act does not give victims of trafficking refugee status under
immigration laws. The Act makes victims of trafficking eligible for
benefits to the same extent as refugees. In other words, victims of
trafficking are treated like refugees for benefits purposes.
(15)
Do victims of trafficking need to have a certain immigration status
in order to receive benefits?
No.
Victims of trafficking do NOT need to hold a certain immigration status
in order to receive benefits. (Victims of trafficking need to be certified
by HHS in order to receive benefits.) Although they do not need them
for benefits purposes, victims of trafficking may hold a variety of
immigration documents including an I-94 Arrival/Departure Card with
a stamp showing parole under section 212(d)(5) of the Immigration
and Nationality Act, an employment authorization document, or proof
of deferred action or an order of supervision.
(16)
Should agencies use the INS Systematic Alien Verification for Entitlements
(SAVE) system to confirm a trafficking victim's eligibility for benefits?
Not
at this time. The SAVE system does not contain information about victims
of trafficking. ORR is working with the INS on this issue and further
instructions will be released as soon as possible. Until further notice,
benefit-issuing agencies should not contact the SAVE system to confirm
eligibility for benefits for victims of trafficking. Agencies should
call the trafficking verification line at (202) 401-5510 to confirm
the validity of a certification letter.
(17)
Are the certification letters valid indefinitely?
No.
At this time, the certification letters contain expiration dates,
which are 8 months from the initial certification date. Benefit-issuing
agencies should record the expiration dates so that, if necessary,
they can conduct re-determinations of eligibility at that time. ORR
intends to issue follow-up certification letters if individuals continue
to meet the statutory certification requirements.
(18)
What is the "entry date" for refugee benefits purposes (first day
of an individual's eligibility period for refugee benefits) for victims
of trafficking?
A
trafficking victim's "entry date" for refugee benefits purposes is
the date of certification. The date of certification appears in the
body of the certification letter or letter for children.
(19)
What process should benefit-granting agencies follow when a victim
of trafficking applies for benefits?
When
a victim of trafficking applies for benefits, benefit-granting agencies
should follow their normal procedures for refugees except
agencies should:
(1) Accept
the certification letter or letter for children in place
of INS documentation. Victims of severe forms of trafficking do
not need to provide any documentation of their immigration status.
(2) Call
the trafficking verification line at (202) 401-5510 to confirm
the validity of the certification letter or letter for
children and to notify ORR of the benefits for which the individual
has applied. (Note: At this time, SAVE does not contain information
about victims of severe forms of trafficking. Until further notice,
do not contact SAVE concerning victims of severe forms of trafficking.)
(3) Note
the "entry date" for refugee benefits purposes. The individual's
"entry date" is the certification date, which is in the body of
the certification letter or letter for children.
(4) Issue
benefits to the same extent as a refugee, provided the
victim of a severe form of trafficking meets other program eligibility
criteria (e.g., income levels).
(5) Record
the expiration date of the certification letter or letter
for children so that benefit-granting agencies will be prepared
to conduct re-determinations of eligibility at that time.
(20)
Can an adult victim of trafficking be de-certified?
At this time,
there are no formal procedures for de-certification of adult victims
of trafficking. However, if an adult victim of trafficking no longer
meets the statutory certification requirements at the 8-month re-determination,
ORR will not issue a follow-up certification letter and the individual
will no longer be eligible for benefits to the same extent as a
refugee. In addition, procedures are being considered to address
cases where, prior to the end of the 8-month certification period,
the Attorney General advises that a victim of trafficking no longer
meets the certification requirements.
