Immigration Relief For Victims of Labor Trafficking

Transcription

1 Casa Cornelia Law Center, 2760 Fifth Ave., Suite 200, San Diego, CA * Tel * Immigration Relief For Victims of Labor Trafficking C A R O L I N A M A R T I N R A M O S, ESQ. STA F F AT TO R N E Y, H U M A N T R A F F I C K I N G P R O GRAM

2 Agenda Introduction to Casa Cornelia Law Center (CCLC) Victims of Labor Trafficking Challenges T Visa Questions

3 Casa Cornelia Law Center (CCLC)

4 Mission and Programs CCLC is a non-profit law firm offering quality pro bono legal services to indigent victims of civil and human rights violations with a commitment to serve the indigent immigrant community. Crime Victims/ Victims of Domestic Violence Unaccompanied Children Asylum Human Trafficking Victims

5 Human Trafficking Program Funded by a grant from the U.S. Department of Justice to: 1) Identify and provide direct legal services to victims of labor trafficking in San Diego County. 2) Provide training to service providers and allied professionals within the target community to improve community collaboration and increase awareness of the needs and rights of trafficking victims and survivors.

6 Victims of Labor Trafficking

7 Trafficking vs. Labor Exploitation Though there may be overlap, these are not all the same thing Labor Exploitation Extremely low wages, usually below minimum wage, or no wages at all Long hours, usually in violation of the labor laws Docking pay for expenses Trafficking Requires force, fraud, or coercion In the U.S. on account of the trafficking Hardship if removed from U.S.

8 Labor Trafficking Case Examples Arnold promised a good job in the U.S. and secured a lawful visa to come to the U.S. through a recruitment agency He went into about $5,000 debt to come to the United States. Once in the U.S., lived in a house with 20 other workers, slept on the floor and often worked hours a day at various hotels. threatened if they left the employer they could be arrested by the police. Sadgati accepted a job as a cook with a wealthy family forced to perform domestic labor day and night without proper nutrition, rest, or medical care family withheld her pay because they said they would need $50,000 from her to arrange for her to have Legal Permanent Residency since she entered the U.S. on a tourist visa forced to sleep on a towel on the floor next to the dog s bed

9 Labor Trafficking Case Examples Maggie, promised a job in a florist shop when she agreed to come to the United States she was forced to peddle trinkets on the street, sexually assaulted, and threatened by trafficker if she did not make her daily quota Flor recruited in Mexico by an acquaintance to work as a seamstress in Los Angeles was locked in the factory and forced to sew day and night to meet her quota did not get paid for her work hit and pinched by her employer

10 Other Case Examples Woman from India domestic servitude and debt bondage Male from Haiti subjected to domestic servitude, construction, labor, and debt bondage Wife of United States Citizen (USC) forced to do trucking labor & sexually exploited Wife of USC forced to do construction work & domestic servitude Woman from Philippines subjected to domestic servitude & peonage Indigenous men from Mexico & Guatemala forced to work in agriculture

11 Immigration Relief Available Victims of Labor Trafficking are eligible to apply for: T Visa; U Visa; For facts specific related to the trafficking. But, may be eligible for other forms of immigration relief: Relief under VAWA Family petitions

12 What Is A T-Visa? Nonimmigrant Status in the U.S. for four years; Can petition to have spouses and children accompany; Can receive government benefits, including cash assistance; Can apply for Legal Permanent Residence after three years.

13 ELEMENTS: Who Is Eligible For A T-Visa? INA 101(a)(15)(T) Is or has been victim of severe form of trafficking in persons Is present in U.S., American Samoa, Northern Marianas, or U.S. tribal jurisdiction on account of trafficking Has complied with reasonable request for assistance in investigation or prosecution of acts of trafficking Children under 18 do not need to meet this criterion Would suffer extreme hardship involving unusual and severe harm upon removal

14 Civil Remedies Trafficking Victims Protection Act of 2003 Explicit right to civil action under 8 USC 1595 TVPRA of 2008-No action may be maintained under this section unless it is commenced not later than 10 years after the cause of action arose Prior to 2003-Implied rights of action under the Thirteenth Amendment and its enabling statute California: AB 22 granted explicit right to civil action and treble damages Fair Labor Standards Act Title VII of the Civil Rights Act Civil Rights Act of 1866 ( Section 1981 )

15 Alien Tort Claims Act Grants federal jurisdiction for any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty in the US and provides civil right of action To make a claim: Plaintiff must show that defendant violated a specific, universal and obligatory norm of international law Since international law traditionally applied only to states, there are some restrictions regarding ATCA jurisdiction in cases brought against individuals or corporations Statute of limitations: Not specified. Ninth Circuit in Papa v. US found that the 10-year SOL of the Torture Victims Protection Act applies to ATCA claims

16 Damages Compensatory Damages Punitive Damages Nominal Damages Injunctive and Other Equitable Relief Liquidated Damages Statutory Damages Pre-judgment Interest Attorneys Fees and Costs AB 22 provides for treble damages if HT is proven

17 Challenges

18 Lack of Identification Victims may be grateful to traffickers or feel alliance with traffickers. See, Stockholm syndrome. Public needs to hear and see more examples of labor trafficking. Low self-worth or blaming self for abuse. Public needs to know cheap labor may mean to be complicit in human trafficking. (Includes: Recruitment, harboring, transportation, provision, or obtaining of a person.) Human trafficking is an illegal activity. (= making someone work against their will; making them feel like they cannot refuse to work or they will suffer harm.)

19 Public Perception: Victims seen as culpable Lack of compassion Lack of interest in helping victim Ex. Victim wouldn t be victimized if the had not entered U.S. unlawfully, should have known better, involvement in informal work, immigration status

20 Emphasis on Sex Trafficking Society and the media Understandings have evolved but not in regards to labor trafficking. WHY? Emotional reactions to sex? No political will to help the victims of labor trafficking? Still not understood to be a crime?

21 Fear/Lack of Trust/Vulnerability Originating from the most vulnerable populations. fleeing persecution, torture, war, or other types of abuse. Economic status, gender identity, race, ethnicity, nationality, etc. may put them at special risk. Learned not to trust law enforcement through experience or if brain washed by traffickers.

22 Recommendations

23 Awareness 1) Victims are protected under current law. 2) Implement programs for victims to access ALL relief available: Immigration through: U Visa, VAWA, T Visa Civil Remedies Criminal Prosecution Expungement or other forms of legal rehabilitation. 3) Education to: Law enforcement Medical/mental health professionals Social services Educators

24 Questions? Carolina Martin Ramos, Esq. Staff Attorney Casa Cornelia Law Center Human Trafficking Program ext. 325 Casa Cornelia Law Center, 2760 Fifth Ave., Suite 200, San Diego, CA * Tel *