Guide for Legal Advocates Providing Services to Victims of Human

301 Pages·2005·5.49 MB·English

CLINIC/MRS/LAFLA
Guide for Legal Advocates Providing Services to Victims of Human Trafficking
Jan. 2005

A GUIDE FOR LEGAL ADVOCATES PROVIDING SERVICES
TO VICTIMS OF HUMAN TRAFFICKING

TABLE OF CONTENTS

Table of Contents………………………………………………………………………….i

Acknowledgments……………………………………………………………………….vii

Chapter 1 An Overview of Human Trafficking……………………………….…...1-1

§ 1.1 What is human trafficking?……………………………………………………..1-1
§ 1.2 Some illustrations…………………………………………………………….....1-3
§ 1.3 Definitions………………………………………………………………………1-4
§ 1.4 Human Trafficking and People Smuggling………………………………..........1-5
§ 1.5 International Efforts……………………………………………………………..1-5
§ 1.6 What the United States is Doing to Combat Human Trafficking……………….1-6
§ 1.7 Community-Based Organizations and Services for Victims of Human
Trafficking…………………………………………………………………..…..1-9
§ 1.8 For More Reading…………………………………………………………….....1-9
§ 1.9 Some Useful Websites…………………………………………………………1-10

Appendices:

• U.S. Department of Justice, Civil Rights Division, Overview of Department
of Justice Procedures Regarding Cases Involving Trafficking in Persons..App. 1-1
• U.S. Department of Justice, Office of Victims of Crimes, Trafficking in
Persons…………………………………………………………………...App. 1-10
• Fact Sheet on Worker Exploitation………………………………………App. 1-14
• U.S. Dept. of Health and Human Services, News Release: HHS Announces
Anti-Trafficking Hotline, Awareness Effort (March 11, 2004)………....App. 1-17

Chapter 2 Assessing and Meeting the Needs of Victims of Human Trafficking…..2-1

§ 2.1 The Complex Needs of Trafficking Victims and the Need for Collaboration….2-1
§ 2.2 Considerations in Interviewing Victims of Human Trafficking .……………….2-4
§ 2.3 Assessing the Needs of the Client who is a Victim of Human Trafficking..........2-6
§ 2.4 Certification for Benefits……………………………………………………..…2-8
§ 2.5 Benefits for Victims of Human Trafficking Prior to Certification…………….2-10
§ 2.6 Special Considerations when the Victim is a Child……………………….......2-10
§ 2.7 Interacting with Law Enforcement on Behalf of the Trafficking Victim……...2-11
§ 2.8 For further reading……………………………………………………………..2-12

i
CLINIC/MRS/LAFLA
Guide for Legal Advocates Providing Services to Victims of Human Trafficking
Jan. 2005
Appendices:

• Confidential Screening Form, prepared by Safe Horizon…………………App.2-1
• Trafficking Referral Form, prepared by the Coalition to Abolish
Slavery and Trafficking…………………………………………………..App. 2-2
• MRS and LIRS, Guidance for Identifying a Child Victim of
Trafficking………………………………………………………………..App. 2-3
• MRS and LIRS, Frequently Asked Questions About Services to
Trafficked Children………………………………………………………App. 2-5

Chapter 3 Introduction to Immigration Law

§ 3.1 Introduction……………………………………………………………………3-1
§ 3.2 First Steps: Vocabulary………………………………………………….…….3-1
§ 3.3 Ways of Gaining Legal Permanent Resident Status………………………......3-3
§ 3.4 Who’s in Charge?..............................................................................................3-3
§ 3.5 Impact of Admissibility and Deportability Rules……………………………..3-5
§ 36 Analyzing Rights and Remedies under Immigration Law……………………3-5
§ 3.7 Who can Represent an Applicant for Immigration Benefits………………….3-6
§ 3.8 Immigration Relief for Victims of Human Trafficking……………………….3-6

Chapter 4 T Nonimmigrant Visas

§ 4.1 Overview………………………………………………………………………..4-2
§ 4.2 Requirements for T nonimmigrant visas………………………………………..4-3
§ 4.3 Establishing that the applicant is a victim of a severe form of trafficking
in persons………………………………………………………………….…….4-4
§ 4.4 Establishing compliance with reasonable requests for assistance………………4-5
§ 4.5 Special issues in working with law enforcement agencies………………….......4-7
§ 4.6 Establishing extreme hardship involving unusual and severe harm…………….4-8
§ 4.7 Establishing physical presence………………………………………………...4-10
§ 4.8 Overcoming inadmissibility as a nonimmigrant…………………….…………4-10
§ 4.9 Annual limit on T visas……………………………………………………..…4-13
§ 4.10 Contents of the nonimmigrant T visa application……………………………..4-14
§ 4.11 Completing the Forms…………………………………………………………4-15
§ 4.12 The Victim’s Personal Statement or Affidavit……………………….………..4-20
§ 4.13 Form I-914 B Law Enforcement Declaration……………………….………...4-24
§ 4.14 Additional Documents……………………………………………….………..4-24
§ 4.15 Filing and adjudication of the application…………………………….…….…4-24
§ 4.16 Special procedures for persons in removal proceedings or with a final
order of removal…………………………………………………………….....4-25
§ 4.17 Filing deadline where victimization occurred prior to October 28, 2000..........4-26
§ 4.18 Admission of the T-1 nonimmigrant’s immediate family members………..…4-26
§ 4.19 Adjustment of status from T nonimmigrant to lawful permanent
resident……………………………………………………………...………….4-28

ii
CLINIC/MRS/LAFLA
Guide for Legal Advocates Providing Services to Victims of Human Trafficking
Jan. 2005
Appendices

• Sample Form I-914 and supporting documents, including Form I-914
Supplement B (law enforcement endorsement), Supplement A
(application for immediate family member of T-1 recipient), and fee
waiver request……………………………………………………………..App. 4-1
• Form G-639, Freedom of Information/Privacy Act Request……………App. 4-21
• Form I-192, Application for Advance Permission to Enter as
Nonimmigrant……………………………………………………………App. 4-25
• William R. Yates, Ass. Dir. Operations, US CIS, Memo re: Trafficking
Victims Protection Reauthorization Act of 2003 (April 15, 2004)….….App. 4-27
• William R. Yates, Assoc. Dir. Oper., US CIS, Memo re: Field
Guidance on Granting Fee Waivers Pursuant to 8 CFR 103.7(c)………..App. 4-30

Chapter 5 Continued Presence for Victims of Human Trafficking

Appendices:

• Coalition to Abolish Slavery and Trafficking (CAST), Continued
Presence Checklist………………………………………………………..App. 5-1
• CAST, Continued Presence Process……………………………………...App. 5-2
• CAST, Law Enforcement Agency Certification for Continued Presence..App. 5-3
• U.S. Department of Justice, Request for Continued Presence……………App. 5-5
• U.S. Department of Justice, Instructions Governing “Continued
Presence” Requests made by Federal Law Enforcement Agencies to the
Immigration and Naturalization Service…………………………………App. 5-9

Chapter 6 Public benefits for victims of human trafficking

§ 6.1 Overview…………………….……………………………………………….…6-2
§ 6.2 Establishing Eligibility for Public Benefits as a Trafficking Victim…….……..6-2
§ 6.3 Cash Assistance Available to Victims of Human Trafficking……………….…6-4
§ 6.4 Health Care……………………………………….………………………….…6-7
§ 6.5 Social Services……………………………………..…………………………...6-9
§ 6.6 Food Assistance………………………………………………….. …………...6-10
§ 6.7 Housing….……………………………………………………………………..6-11
§ 6.8 Legal Services……….……………………………………………………..…..6-11

Appendices:

• Sample ORR certification letter for adult victim……………………….…App. 6-1
• Sample ORR eligibility letter for child victim……………………………App. 6-2
• Sample bone fide letter from CIS/Vermont Service Center………………App. 6-3
• Migration and Refugee Services, Benefits Eligibility for Adult Trafficking
Victims……………………………………………………………………App. 6-4
iii
CLINIC/MRS/LAFLA
Guide for Legal Advocates Providing Services to Victims of Human Trafficking
Jan. 2005
• Migration and Refugee Services, Special Benefits for Trafficked
Children…………………………………………………………………..App. 6-6
• National Immigration Law Center, Overview of Immigrant Eligibility
for Federal Programs……………………………………………………..App. 6-8
• Michael A, Pearson, Exec. Assoc. Comm’r, Immigration and Naturalization
Service, re: Verification of Immigration-Related Elements for Certification
for Benefits under the Victims of Trafficking and Violence Protection Act
of 2000 (April 10, 2001)…………………………………………………App. 6-12
• Department of Health and Human Services, Administration for Children
and Families, Office of Refugee Resettlement, State Letter SL01-13
(May 3, 2001)……………………………………………………………App. 6-15
• ORR State Letter 02-01 (January 4, 2002)………………………………App. 6-29
• ORR State Letter 02-07 (March 6, 2002)………………………………..App. 6-31
• ORR State Letter 02-25………………………………………………….App. 6-34
• Randi Youlls, Vice President for Programs, Legal Services Corporation,
re: Eligibility of Immigrant Victims of Severe Forms of Trafficking for
Legal Services, May 15, 2002…………………………………………..App. 6-35
• Letter from Mattie C. Coudray, Senior Associate General Counsel,
Legal Services Corporation, to Michael Dale, August 2, 2002…………App. 6-37

Chapter 7 U Nonimmigrant Visas and Applications for Interim Relief

§ 7.1 Introduction…….………………………………………………………….……7-2
§ 7.2 Requirements for the U Visa……………………………………………………7-3
§ 7.3 Annual Limit on U Visas………………………………………………………..7-4
§ 7.4 Evidentiary Standard……………………………………………………………7-4
§ 7.5 Family Members of U Nonimmigrants………………………………………....7-4
§ 7.6 Waivers of Inadmissibility for U Nonimmigrants……………………………....7-4
§ 7.7 Employment Authorization……………………………………………………..7-5
§ 7.8 Adjustment to Permanent Residence……………………………………..……..7-5
§ 7.9 Current Status of U Visas……………………………………………………….7-6
§ 7.10 Applications for Interim Relief by Potential U Nonimmigrants………….…….7-6
§ 7.11 Submission of an Interim Relief Request…………………………………….…7-7
§ 7.12 Deferred Action for Successful Applicants………………………………….….7-9
§ 7.13 Bars to Interim Relief Eligibility……………………………………………..…7-9
§ 7.14 Interim Relief for Persons in Proceedings before the Immigration Court……....7-9
§ 7.15 Assessing Risks and Benefits of Applying for U Interim Relief………………7-10
§ 7.16 Useful websites...……………………………………………………………....7-10

Appendices:

• Nasha Vida, Sally Kinoshita, and Gail Pendleton, U Visas: Immigration
Relief for Victims of Certain Crimes, Frequently Asked Questions..…….App. 7-1
• National Network on Behalf of Battered Immigrant Women, U Visa
Certification Form and Instructions………..……………………………...App. 7-5
iv
CLINIC/MRS/LAFLA
Guide for Legal Advocates Providing Services to Victims of Human Trafficking
Jan. 2005
• Asian Pacific Islander Legal Outreach, Sample cover letter for U interim
• relief application……………………………………………………..…..App. 7-11
• Sample Interim Relief Request, prepared by Sherizaan Minwalla,
Midwest Immigrant and Human Rights Center………………………….App. 7-14
• Michael A. Pearson, Exec. Assoc. Comm’r, Office of Field Operations,
Immigration and Naturalization Service, re: Victims of Trafficking and
Violence Protection Act of 2000 (VTVPA) Policy Memorandum
# 2 – “T” and “U” Nonimmigrant Visas (August 30, 2001)……...……..App. 7-16
• Stuart Anderson, Exec. Assoc. Comm’r, Office of Policy and Planning,
Immigration and Naturalization Service, re: Deferred Action for Aliens
with Bona Fide Applications for T Nonimmigrant Status (May 8, 2002).App. 7-22
• William R. Yates, Assoc. Dir. Oper., US CIS, re: Centralization of
Interim Relief for U Nonimmigrant Status Applicants (Oct. 8, 2003)…..App. 7-25
• William R. Yates, Assoc. Dir. Oper., US CIS, Memo re: Assessment of
Deferred Action in Requests for Interim Relief from U Nonimmigrant
Status-Eligible Aliens in Removal Proceedings (May 6, 2004)…………App. 7-32
• Flyer: Immigration Benefits for Crime Victims (prepared by the
Chicago Area U Visa Working Group…………………………………...App. 7-34

Chapter 8 Special Immigrant Juvenile Status for Children Under Juvenile Court
Jurisdiction

§ 8.1 Introduction and Overview……………………………………………………...8-1
§ 8.2 Who is Eligible to Become a Permanent Resident through Special Immigrant
Juvenile Status?…………………………………………………………….…...8-1
§ 8.3 What are the Benefits of Applying for Special Immigrant Juvenile Status?.…...8-2
§ 8.4 What are the Risks of Applying?………………………………………….…….8-3
§ 8.5 Requirements for the Special Immigrant Juvenile Status Petition……………..8-4
§ 8.6 The applicant for permanent residence status…………………………………8-10
§ 8.7 Who Should Apply?…………………………………………………………...8-12
§ 8.8 What is the Application Procedure?…………………………………………...8-12
§ 8.9 Warning: Special Procedures for Children in Actual or Constructive
Immigration Custody………...……………………………………………..….8-15
§ 8.10 Talking with the Child Applicant and the Child’s Attorney about SIJS………8-17
§ 8.11 Note: Original Parents, and Maybe Siblings, Cannot Benefit Through a
Grant of SIJS to a Child…………………….………….……………...……….8-18
§ 8.12 Useful website………………………………………………………………...8-18

Appendices:

• Sample SIJS application………………………………………………..…App. 8-1
• William R. Yates, Assoc. Dir. Oper., US CIS, Memorandum # 3 – Field
Guidance on Special Immigrant Juvenile Status Petitions (May 27,
2004) ……………………………………………………………………..App. 8-7

v
CLINIC/MRS/LAFLA
Guide for Legal Advocates Providing Services to Victims of Human Trafficking
Jan. 2005

Chapter 9 Other Potential Forms of Immigration Relief for Victims of Human
Trafficking: Self-petitions under the Violence against Women Act,
Asylum, and Relief under the Convention against Torture

§ 9.1 Introduction……………………………………………………………………9-2
§ 9.2 Self-petitioning for abused spouses and children of U.S. citizens and lawful
permanent residents……………………………………………………………9-2
§ 9.3 VAWA cancellation of removal……………………………………………….9-5
§ 9.4 Special waivers for abused conditional permanent residents………………….9-7
§ 9.5 Asylum…………………………………………………………………………9-7
§ 9.6. Relief under the Convention against Torture…………………………………..9-9
§ 9.7 Conclusion……………………………………………………………………..9-10
§ 9.8 For additional reading………………………………………………………….9-10
§ 9.9 Useful websites………………………………………………………………...9-10

Chapter 10 Representing Immigrant Clients: Applying for BIA Agency Recognition
and Staff Accreditation

§ 10.1 Introduction……………………………………………………………………10-1
§ 10.2 Agency Recognition…………………………………………………………...10-2
§ 10.3 Accreditation of Representatives……………………………………………....10-4

Chapter 11 Resources for Advocates Serving Victims of Human Trafficking
And other Forms of Abuse and Crime……………………………..….11-1

§ 11.1 Written materials……………………………………………………………....11-1
§ 11.2 Non-governmental Organization Internet Resources………………………….11-2
§ 11.3 U.S. Government Websites……………………………………………………11-3
§ 11.4 Technical Assistance…………………………………………………………..11-3
§ 11.5 Finding Representation………………………………………………………..11-7
§ 11.6 Listservs……………………………………………………………………….11-7

vi
CLINIC/MRS/LAFLA
Guide for Legal Advocates Providing Services to Victims of Human Trafficking
Jan. 2005

ACKNOWLEDGMENTS

This manual was made possible by two generous grants from the U.S. Department
of Health and Human Services’ Office of Refugee Resettlement. These grants have
provided funding to the United States Conference of Catholic Bishops’ Migration and
Refugee Services (MRS) for provision of a broad range of services to victims of human
trafficking and to the Legal Aid Foundation of Los Angeles (LAFLA) to provide training
and technical support to advocates working on behalf of victims of human trafficking.

A number of people contributed to the chapters in this manual. Chapters 1, 5, and
9 were written by Evangeline Abriel of the Catholic Legal Immigration Network, Inc.
(CLINIC), under subcontract with MRS. Chapter 2 was written by Evangeline Abriel and
Laurie Latuda, of MRS. Susan Schreiber, of CLINIC, wrote chapters 3 and 12 under
subcontract with MRS. Chapter 4 was adapted by Evangeline Abriel from a chapter she
originally wrote for The VAWA Manual: Immigration Relief for Abused Immigrants
(August 2002, revised July 2003), a manual written by CLINIC and the Immigrant Legal
Resource Center (ILRC) under a generous grant from the California Endowment. Sheila
Neville, of LAFLA, wrote chapter 6. Susan Schreiber updated chapter 7 from a chapter
originally written by Evangeline Abriel in The VAWA Manual. Chapter 8 was adapted by
Tom Shea from a chapter originally written by Sally Kinoshita of the ILRC in The VAWA
Manual. Chapter 11 was adapted by Evangeline Abriel from materials prepared by
Kathleen Kim, Sally Kinoshita of the Immigrant Legal Resource Center, and Evangeline
Abriel. Angela Perry, a volunteer attorney with LAFLA, provided invaluable research
assistance on Chapter 6, while Tanya Broder of the National Immigration Law Center
kindly reviewed that chapter and Julia Sullivan, a law clerk with LAFLA, was of great
help in revising the chapter. Laurie Latuda and Nyssa Mestas of MRS provided valuable
input on the entire manual. Janet Alfaro-Arizmendi and Edwin Arevalo, of Santa Clara
University School of Law, provided great assistance in converting the manual chapters
and appendices into pdf format, so that the manual could be distributed electronically.
Charles Wheeler provided overall editing of the manual. The manual was compiled and
edited by Evangeline Abriel.

We thank the advocates who generously allowed us to use their materials as
appendices to this manual. Safe Horizons and the Coalition to Abolish Slavery and
Trafficking (CAST) provided the intake sheets appearing as appendices to Chapter 2,
and the Lutheran Immigration and Refugee Service (LIRS) and MRS allowed us to use
their materials on child victims of human trafficking, also appendices to Chapter 2. The
sample T visa application appearing as an appendix to Chapter 4 was prepared by Susana
Martinez, an attorney with the Legal Aid Foundation of Los Angeles (LAFLA), and the
fee waiver application appearing at Appendix 4-6 was provided through the VAWA
Manual referenced above. The Coalition to Abolish Slavery and Trafficking provided the
information regarding continued presence, appearing as appendices to Chapter 5. Some
of the benefits eligibility charts appearing after Chapter 6 were prepared by MRS, while
others were prepared by the National Immigration Law Center. Mona Patel-Sikora
vii
CLINIC/MRS/LAFLA
Guide for Legal Advocates Providing Services to Victims of Human Trafficking
Jan. 2005
provided the sample bona fide letter from the Vermont Service Center, included as an
appendix to Chapter 6. The National Network on Behalf of Battered Immigrant Women
wrote the law enforcement certification form and instructions, appearing as appendices to
Chapter 7. Kavitha Sreeharsha, of the Asian Pacific Islander Legal Outreach in San
Francisco, and Sherizaan Minwalla, of the Midwest Immigrant and Human Rights
Center, provided the sample requests for U interim relief, appendices to Chapter 7. Nasha
Vida, Sally Kinoshita, and Gail Pendleton wrote the Frequently Asked Questions on U
Visas, another appendix to Chapter 7. Sarah Bronstein, of CLINIC, provided the sample
SIJS application appearing as an appendix to Chapter 10.

We also take this opportunity to acknowledge the invaluable work of the United
States government in combating human trafficking and protecting its victims. While there
is always more to be done, advocates and trafficking victims are aided by an outstanding
group of individuals within the Department of Justice’s Office for Victims for Crime and
Civil Rights Division, the U.S. Citizenship and Immigration Services’ headquarters and
Vermont Service Center, and the Department of Health and Human Services’ Office of
Refugee Resettlement. These individuals have been extraordinarily generous with their
time, knowledge, and individual efforts on behalf of trafficking victims.

Last, but certainly not least, we thank the trafficking victims with whom we have
had the privilege of working. Their courage, perseverance, and hope have been
inspirational to us.

November 2004

Migration and Refugee Services, U.S. Conference of Catholic Bishops (MRS)
Catholic Legal Immigration Network, Inc. (CLINIC)
Legal Aid Foundation of Los Angeles (LAFLA)

viii