Trafficking Victims

Definition

Trafficking victims are undocumented non-citizens subjected to acts induced by force, fraud, coercion or involuntary labor. The DHHS ORR has the authority to certify the victims.

Rule

The TVPA made victims of severe forms of trafficking eligible for benefits and services to the same extent as refugees. The TVPA was reauthorized and amended by the TVPRA. The TVPRA provides that certain family members of trafficking victims are eligible for benefits and services to the same extent as refugees effective December 19, 2003

Victims of trafficking may not always possess standard identity documents such as driver’s licenses or Social Security cards. States cannot require that applicants for ORR-funded assistance and services provide Social Security numbers.The state may not delay, deny or discontinue assistance pending the issuance of their Social Security numbers. EWs must assist applicants to apply for Social Security numbers or non-work SSNs. In the application process, the EW must verify the immigration status of these noncitizens for CalFresh and CalWORKs purposes as follows:

The DHS’ SAVE system is not to be contacted for information about these nonimmigrant family members.

  • Accept the original ORR certification letter. No documentation is required.
  • For family members, the nonimmigrant T-2, T-3, T-4, or T-5 Visa is to be accepted as documentation of eligibility. No documentation is required.
  • Prior to authorizing benefits, EWs must call the Office of Refugee Resettlement (ORR) toll free-trafficking verification line at 1-866-401-5510 to verify the validity of the certification letter and/or notify ORR of the benefits for which the individual has applied. Regulations require that ORR be notified when a trafficking victim or trafficking victim’s family member applies for public benefits.
  • The SAVE system DOES NOT contain information about victims of trafficking or their nonimmigrant family members. Do NOT request a SAVE verification.
  • Note the “entry date” for refugee benefits purposes. Eligibility for benefits CANNOT begin prior to the certified date of entry.
    • The date of entry for the trafficking victim will be the ORR certification date on the certification letter.
    • The date of entry for trafficking victim’s family members is:
      • The Notice Date on the Form I-797, NOA of approval of the individual’s Derivative T Visa for a noncitizen individual who is already present in the U.S. on the date the Derivative T Visa is issued.
      • The date of entry stamped on the individual’s passport or I-94 Arrival Record for a noncitizen individual who enters the U.S. on the basis of a Derivative T Visa.
  • Issue CalFresh and cash aid benefits to the same extent as a refugee if the applicant meets all other program eligibility criteria.
  • Record the expiration date of the certification letter. The initial ORR certification letters have an expiration date eight (8) months from the initial certification date.

Certification

HHS may certify an adult victim of trafficking who:

  • Is willing to assist in every reasonable way in the investigation and prosecution of trafficking cases, and
  • 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.

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. ORR issues letters of eligibility, similar to adult certification letters, for children.

The ORR has been delegated the authority to make certification determinations and issue a “Certification Letter” for victims of trafficking. After November 6, 2001, certification letters for adults and eligibility letters for children no longer contain expiration dates. As the initial certification letters begin the expire ORR will issue “Recertification Letters”. The recertification letters will not have an expiration date and will contain a lowercase “r” beside the HHS tracking number.The original entry date will not change. The Recertification letter is confirmation that the individual continues to meet the certification requirements. Other federal government agencies are not authorized to issue certifications. EWs should not contact the Bureau of USCIS, formerly INS.

EWs must call the trafficking verification line at 1 (866) 401-5510:

  • If an individual presents an expired certification letter, or
  • To confirm the validity of a certification letter.

Documents

Victims of trafficking do NOT need to hold a certain immigration status in order to receive benefits. Some 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.

Reminder: Victims of trafficking must be certified by ORR in order to receive benefits.

Family members of trafficking victims are awarded a “Derivative T Visa” (T-2, T-3, T-4 or T-5) as follows:

If the trafficking victim who is awarded a T Visa was...

Then the Derivative T Visas are available to the trafficking victim’s...

Under 21 years of age on the date the T Visa application was filed,

Spouse, children, parents, and unmarried siblings who were under 18 years of age on the date the T Visa application was filed.

21 years of age or older on the date the T Visa application was filed,

Spouse and children.

Refer to CalWORKs Handbook “Human Trafficking Victims,” page 60-5.

Related Topics

Noncitizen Categories & USCIS Codes Introduction

Asylees and Authorization to Work

Conditionals