Special Considerations When Working With Foreign Born Victims of Human Trafficking Maja Hasic
Office for Victims of Crime Office for Victims of Crime was established by the 1984 Victims of Crime Act to oversee diverse programs that benefit victims of crime. OVC is dedicated to Justice for Victims-Justice for All OVC collaborates with local, state, tribal, military, national, and international victim assistance and criminal justice agencies and other professional organizations to serve victims of crimes. Resources available through OVC; State Victim Assistance Programs Training by Request or Online Training Customized Training and Technical Assistance Scholarships
Defining Foreign Born Foreign born refers to a person who is not a U.S. citizen or lawful permanent resident. This may include individuals with temporary visas such as visitor or employment visas.
True or False Culture is inherited not learned Person s race can be determined by physical characteristics People usually belong to one cultural group
Defining Culture The set of values, structures and practices held in common by a group of people, who are usually identified by ancestry, language and traditions. It can also describe those characteristics that we are born with, some of which are permanent and some of which can be changed.
Definition of Culture A critical definition of culture refers to shared experiences and commonalities that have developed and continue to evolve in relation to changing social and political context based on Race Ethnicity National origin Sexuality Gender Religion Age Class Disability Status Immigration Status Education Geographic location Information from Sujata Warrier 2005
Take a few minutes to read the following questions.
Survey People should eat: A. Meat B. Vegetarian style C. Mostly Fish People should seek: A. Individual fulfillment B. Harmony and respect within their community People should believe in A. One religion B. More than one religion People should eat with A. Silverware B. Chopstick People should make group decisions by: A. Voting B. Consensus Direct eye contact infers: A. Respect and attention B. Disrespect and/or defiance
Culture Identity Our assumptions of the world and people in the world are based on; Our own experiences What we are told by others Media Beware of ethnocentricity in your agency. Ethnocentricity is the belief that your own ethnic group is superior, or normal and that other groups are abnormal. It is helpful to identify your belief to a point where we can understand how other groups differ, and respect those differences.
Cultural Identity Identifying with a particular culture help clients feel that they belong and gives them a sense of security. Cultural identity provides access to social networks which provide support and shared values and aspirations. These networks can also help break down barriers and build a sense of trust. Strong cultural identity expressed in a wrong way can contribute to barriers between groups. Smaller cultural groups can feel excluded if others are intolerant of their cultural practices.
Community Based Barriers for Foreign Born Populations Stereotypes of communities- victims comfort with coming forward to help when there is anti-immigrant sentiment Lack of awareness about human trafficking and laws around it Lack of training about human trafficking to service agencies/ refugee resettlement agencies
Victim Barriers to Seeking Help 1. Language: When the trafficked individual does not speak the language of the host country it makes it harder for that individual to escape or seek help. 2. Culture: In many cultures even the concept of human trafficking does not exist. 3. Economic/Survival: Often if the victims escape they will automatically become homeless with left without any support. 4. Lack of Knowledge: Trafficked individual does not know what 911 is or that it even exists. The trafficked individual may have such an exaggerated fear of getting deported that he or she may be very hesitant to call or trust the police. In many cases the trafficked individual does not know that there are laws to protect them or help available for them. 5. Shame & Stigma Fear of being ostracized by community or family
How to assess whether a client that speaks English needs an interpreter. Are you able to effectively communicate with the client in English? Can the client communicate facts of his/her case in English? Can the client understand letters, case documents pertaining to the case? (e.g court documents)
Using Trained Interpreters It is essential to have interpreters available when working with foreign born trafficking survivors Interpretation allows for a client to fully understand the situation at hand and empowers the client to be more involved in decision making regarding his/her case If the interpreter is from a small community be aware of whom to pick us an interpreter Make sure that the interpreter is someone that is trained on the issue of human trafficking and is not associated with the trafficker Interpreter should be someone that the victim feels comfortable with
Using Un-trained Interpreters Possibility of misinterpretation Inappropriate interpreter involvement Interpreter taking the role of advocate
Cues of Misinterpretation Change in client body language, level of comfort with the interpreter Interpreters short or long response to question, different than that of client Interpreter having a conversation with the client without interpreting (trained interpreter will ask for permission to clarify)
Protocols When Working With Interpreters Ensure that each interpreter is trained on the issue of human trafficking (unless using language line for brief interpretation) Ensure that each interpreter signs confidentiality policy stating that everything discussed with client will remain confidential Develop policy that entails briefing interpreters before and after (decrease trauma)
Referral Stages Main referral stages are: Pre certified, Certified Eligible Minor T visa recipient or Bona Fide T visa Derivative- recipient of T2-T5 status
Pre-Certified Pre-certified- a victim that does not posses HHS certification. Often undocumented or present in the U.S on temporary visa (visitor, tourist, H2, J3, etc.) May not posses Employment Authorization Document (EAD) or other documentations. Survivor might still be in the trafficking situation or just recently rescued or out of his/her situation. Survivor is most vulnerable and in need of services.
Certified Client that received certification from Health and Human Services as a result of being granted Continued Presence,bona fide T-visa determination or T visa approval Certification allows adult victims of trafficking who are not United States (U.S.) citizens or Lawful Permanent Residents (LPRs) to be eligible to receive benefits and services under any Federal or state program or activity to the same extent as a refugee. Victims of trafficking who are U.S. citizens or LPRs do not need certification to receive benefits because they may already be eligible for many benefits
Certification Letter
HHS Certification Requirements Certification can only be granted by HHS. To receive certification, the individual must: Be a victim of a severe form of trafficking as defined by the Trafficking Victims Protection Act (TVPA); Be willing to assist law enforcement in every reasonable way with the investigation and prosecution of their case (Minors under age of 18 do not need to assist with the prosecution of their traffickers); AND Have received Continued Presence (CP) from United States Citizenship and Immigration Services (USCIS), OR Have received a bona fide determination of the T-visa, OR Have received a T-visa.
Continued Presence This is a form of temporary immigration status provided to individuals identified by law enforcement as a victim of human trafficking. This status allows victims of human trafficking to remain in the U.S temporarily during the on-going investigation into human trafficking related crimes against them. It lasts for one year and can be renewed during the course of the investigation/prosecution.
T-visa A 4 year visa specifically for victims of human trafficking. Client that received T-visa approval from the Vermont Service Center May or may not have an HHS certification letter Requirement for T-visa; Be a victim of a severe form of trafficking Be a person of good moral character Be willing to comply with any reasonable request for assistance in the investigation during the four-year period the visa will last. Face severe and unusual hardship if returned to country of origin.
U-visa A 4 year visa for victims of crimes such as DV, Rape and other crimes as well. Non-citizens who have suffered "substantial physical or mental abuse as result of a number of criminal violations committed against them in the United States, Defined by INA 101 (a) (15 )(U) U visa recipients do not receive HHS Certification
Eligibility for Child Victims of Human Trafficking ORR issues Eligibility Letters to foreign children determined to be victims of a severe form of trafficking. A child is not required to receive temporary immigration status (CP or T visa) or to cooperate with law enforcement to receive an Eligibility Letter. Eligibility Letters do not expire. A recipient can use the letter to obtain benefits after becoming an adult. If ORR receives credible information about a foreign child who may have been subjected to human trafficking, it issues the child an Interim Assistance Letter. The letter provides a 90-day period of eligibility for benefits while ORR collects additional information. After issuing interim assistance, HHS/ORR is required to consult with the U.S. Departments of Justice and Homeland Security and nongovernmental organizations with expertise on victims of trafficking before determining the child's eligibility as a victim of trafficking. If an unaccompanied foreign child is in immediate need of shelter and care, contact your local child welfare agency. If the child is in imminent danger, call 911.
Requesting an Eligibility Letter To request an eligibility letter for a foreign child victim of trafficking, contact the ORR Anti-Trafficking in Persons Division a ChildTrafficking@acf.hhs.gov or (202) 205-4582, or fax your request to (202) 401-5487. An ORR Child Protection Specialist will respond after reviewing the request. You can obtain a copy of a request form at http://www.acf.hhs.gov/trafficking. The above information was obtained from HHS Resource Guide for Social Service Providers.
Derivatives As a T-1 nonimmigrant status applicant, the client may apply for certain family members in conjunction with their own application, or at a later date. Depending on the client s age, the client can apply for following family members T-2: spouse T-3: children T-4: parents T-5: unmarried siblings under the age of 18. Derivatives may be eligible for public benefits to the same extent as a refugee. Derivatives do not receive HHS Certification
Accessing Public Benefits Certification and approval of derivatives status allows clients to access public benefits to the same extent as a refugee. The case worker must assist the client in applying for public benefits immediately following the certification. Due to the lack of training and a high turnover rate in many benefits offices, accessing public benefits may require advocacy on client s behalf. Documents necessary to apply for benefits may include EAD, SS# and certification letter. Each certification letter has a tracking number that can be used to verify authenticity of the document and client s eligibility to receive benefits. Many refugee resettlement agencies have a certain day of the week when a Department of Family and Children Services representative comes to the office to process benefits applications. Applying for public benefits in a resettlement agency may make the process quicker. To find a resettlement agency and Matching Grant program near you please visit http://www.acf.hhs.gov/programs/orr.
**A client cannot be enrolled in Matching Grant, Wilson Fish and Refugee Cash Assistance at the same time. Available Benefits Benefits may vary according to state: Match Grant program (4-6 months following certification)* Wilson Fish program (available in AL, TN, KY)** Food Stamps Medicaid (duration varies by state) Refugee Cash Assistance (up to 8 months after certification) Temporary Assistance for Needy Families Supplemental Security Income Supplemental Nutrition Assistance Program Women Infants and Children (WIC) *Matching Grant program-enrollment must occur within 31 days of certification for trafficking survivors. For derivatives, enrollment must occur within 31 days of arrival into the U.S or adjustment of status for derivatives within the U.S.
Additional Services available to Trafficking Survivors Crime Victim s Compensation Victim Assistance Programs Unaccompanied Refugee Minor Program Federal Funding (OVC, NTVAP) Civil litigation Community Resources
For Additional OVC Resources Visit OVC s Web site, www.ovc.gov OVC Training and Technical Assistance Center at www.ovcttac.gov