Trafficking Victim

Victims of severe forms of trafficking who have been certified by the Federal ORR are CalFresh eligible to the same extent as refugees. Certain family members of trafficking victims are also eligible for benefits and services to the same extent as refugees.

Severe forms of trafficking are defined as:

• Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not reached 18 years of age; or
• 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.

Verification

The ORR will make certification determinations and issue letters of certification for victims of severe forms of trafficking.

EWs will not determine whether someone is a victim of a severe form of trafficking, nor should they contact the USCIS.

EWs must use the ORR certification date on the certification letter as the date of entry and the first date of eligibility. ORR recertification letters do not grant an additional period of eligibility. Recertification letters are simply re-issuance of the original letter with an expiration date.

“T” VISA

The Trafficking Victims Protection Act of 2000 created a new non-immigrant visa, the “T VISA,” for victims of a severe form of trafficking in persons to allow these individuals to remain in the United States.

Trafficking victims apply for the “T” visa by submitting an “Application for T Non-immigrant Status” (form I-914). Law enforcement requests continued presence in the United States on behalf of the victim to assist with an investigation and/or prosecution. When granted, continued presence confers temporary status that delays/prevents deportation.

Note: Children under 18 years of age and who have been subjected to a severe form of trafficking are eligible for benefits but do NOT need a certification letter. However, a child will have a letter from the ORR verifying their status as a victim of trafficking.

Prior to ORR Certification

CFAP eligibility may be granted to Trafficking Victims prior to federal ORR certification while they await or prepare to request approval for federally funded benefits.

Once it has been determined that the applicant meets the definition of a trafficking victim, the Eligibility Worker must determine if the client:

• Has applied for a “T” VISA with USCIS,
• Is preparing to file an application for a “T” VISA, or
• Is otherwise taking steps to meet the eligibility conditions for federal benefits.

Verification

The following documentation can be used in determining whether an applicant has filed or is preparing to file for a “T” VISA:

A confirmation receipt or letter from USCIS verifying an application for a “T” VISA has been filed,

• A copy of the I-194,
• Statements from persons in an official capacity (e.g., law enforcement officials or victims advocates) who have assisted or are assisting the victim with the “T” VISA application or
• If no documentation is available, the applicant’s statement that she or he has filed or intends to apply for a “T” VISA or is taking steps to become federally eligible.

Note: Victims of human trafficking who are eligible for CFAP benefits do not have to provide or apply for an SSN.

Termination of Eligibility

Eligibility for the state-funded (CFAP eligible) services will be terminated if:

• The recipient’s application for a visa has been finally administratively denied or
• The recipient has not applied for a “T” VISA within one year of applying for state benefits or
• A request by law enforcement officers on behalf of the recipient for federal continued presence status has not been made within one year or
• The recipient is certified by ORR, resulting in federal eligibility.

For more detailed information regarding Trafficking Victims, please [Refer to “Trafficking Victims,” pages 10-52]] in the Common Place handbook.

Documentation

Information regarding verifications provided, dates of services, etc., must be documented in the Case Journal.