Summary:
Benefits for Victims of Trafficking underThe
Trafficking Victims Protection Act of 2000
Eligibility
Under the Trafficking
Victims Protection Act (the Act), adult victims of trafficking who
are certified by the U.S. Department of Health and Human Services
(HHS) are eligible for benefits to the same extent as refugees. Children
who have been subjected to trafficking are also eligible like refugees
but do not need to be certified.
Certification
HHS' Office of
Refugee Resettlement (ORR) has been delegated the authority to conduct
certifications. At this time, ORR will issue certification letters
to victims of trafficking who meet the certification requirements.
ORR also will issue similar letters for children who have been subjected
to trafficking.
To receive a
certification, a victim of trafficking must be willing to assist with
the investigation and prosecution of trafficking cases AND either
(1) have made a bona fide application for a T visa OR (2) be an individual
whose continued presence the Attorney General is ensuring to effectuate
a trafficking prosecution.
Benefit-issuing
agencies do not need to conduct any certification activities.
Applications
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 original certification letter or letter for children
in place of INS documentation. Victims of severe forms of trafficking
are not required 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.
Individuals
without Certification
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 a severe form of trafficking,
they should call Loren Bussert at (202) 401-4732.