ORR outlines procedures for granting benefits eligibility to victims of trafficking
Immigrants' Rights Update, Vol. 15, No. 5, Aug. 31, 2001

The Office of Refugee Resettlement (ORR) has outlined procedures to be followed by benefits agencies in granting eligibility to victims of trafficking. Issued in May 2001, ORR State Letter #01-13 advises that state refugee coordinators, national voluntary agencies, and other interested parties abide by the agency's guidance until more formal procedures are developed.

Under the Victims of Trafficking and Violence Protection Act of 2000 (October 2000), victims of "severe forms of trafficking in persons" are eligible for federal benefits without regard to their immigration status. In addition, state programs that are funded or administered by federal agencies and federal programs whose funding is limited by appropriations must provide benefits to victims of trafficking "to the same extent" as to refugees. Victims of trafficking who are 18 years or older must be certified by the U.S. Department of Health and Human Services (HHS) in order to secure benefits.

According to the ORR, approximately 50,000 women and children and an unknown number of men are trafficked annually into the United States. "Severe forms of trafficking" include sex trafficking and the forced or fraudulent recruitment, harboring, transport, or provision of a person for labor or services that subject the person to involuntary servitude, peonage, debt bondage, or slavery. Sex trafficking is defined as involving a commercial sex act induced by force, fraud, or coercion, or any such act compelled of a minor. In order to deter these crimes and to ensure effective punishment of traffickers, the law provides increased law enforcement, protection, and assistance for victims (see "DOJ and State Dept. Issue Regulations Implementing Victims of Trafficking Law," p. 2).

Under the law, victims of trafficking may obtain a nonimmigrant ("T") visa permitting them to remain in the U.S. and to work if federal law enforcement officials determine that they are potential witnesses to trafficking. Three years after obtaining a T visa, these victims may become eligible to adjust to lawful permanent resident status. However, victims of trafficking who have been certified by the HHS (and those who are under 18 years old) may obtain benefits regardless of whether they have secured a T visa.

The HHS delegated to the ORR the authority to conduct, in consultation with the U.S. attorney general, benefit certifications. To receive certification, victims must being willing to assist in the investigation and prosecution of trafficking cases, and either (1) have made a bona fide application for a T visa, or (2) be a person whose continued presence in the U.S. the attorney general is ensuring to effectuate a trafficking prosecution. The ORR will issue certification letters to victims of trafficking who meet these requirements. Children, who do not need to meet these criteria, can also obtain letters from the ORR stating that they are victims of severe forms of trafficking and are therefore eligible for benefits.

Victims of trafficking should be able to receive all federal benefits as long as they meet other program requirements, such as those relating to income level. The ORR clarified that victims of trafficking do not need to produce documentation of their immigration status in order to secure benefits. Benefit agencies should accept the original certification letter (or letter for children) in place of INS documentation. Agencies can call the "trafficking verification line" at the ORR to confirm the validity of the letter and should not contact the INS. The ORR reminds agencies that the INS Systematic Alien Verification for Entitlement (SAVE) system does not contain information about victims of trafficking.

The ORR notes that many victims of trafficking will not have standard identity documents, such as driver's licenses. It advises agencies not to deny benefits to such persons, but to call the trafficking verification line for assistance. Similarly, many victims will not have or be eligible for a Social Security number (SSN). The ORR reminds agencies that, where an SSN is required, they should assist individuals in obtaining non-work Social Security numbers and cannot deny benefits pending the issuance of an SSN. (See also ORR State Letter #00-23).

In benefit programs where an immigrant's entry date is relevant (e.g., refugee assistance), a trafficking victim's certification date is considered the "entry" date. At this time, the ORR plans to issue initial certification letters that are valid for eight months and to issue "follow-up" certification letters to persons who continue to meet the requirements. Benefit agencies may need to redetermine eligibility when the certification letters expire.

Until formal procedures are developed, ORR is issuing certification letters on a case-by-case basis. Agencies that encounter persons who may meet the definition in the Victims of Trafficking and Violence Protection Act should contact Michael Jewell at 202-401-4561 or Neil Kromash at 202-401-5702. Agencies should call Loren Bussert at 202-401-4732 regarding any children who may be victims of severe forms of trafficking in persons. They can also contact Lorna Grenadier, at the U.S. Dept. of Justice's Criminal Section of the Civil Rights Division at 202-616-3807.

ORR State Letter #01-13 is available on the internet at: www.acf.dhhs.gov/programs/ofa/traffic/stateltr.htm