To give some background of what this means, an estimated 700,000 persons, primarily women and children, are trafficked worldwide each year.  Approximately 50,000 women and children are trafficked annually into the United States along with an unknown number of men.  Traffickers force their victims into the international sex trade, prostitution, slavery and forced labor through coercion, threats of physical violence, psychological abuse, torture and imprisonment.  To deter these crimes, Congress passed and the President signed into law the Trafficking Victims Protection Act in October 2000.  The law aims to combat trafficking through increased law enforcement, to ensure effective punishment of traffickers, to protect victims and to provide Federal State assistance to victims.

Certification

HHS' Office of Refugee Resettlement (ORR) has been delegated the authority to conduct certifications.  At this time, ORR will issue certification letters to victims of trafficking who meet the certification requirements.  ORR also will issue similar letters for children who have been subjected to trafficking.

To receive a certification, a victim of trafficking must be willing to assist with the investigation and prosecution of trafficking cases AND either (1) have made a bona fide application for a T visa OR (2) be an individual whose continued presence the Attorney General is ensuring to effectuate a trafficking prosecution.

DFS will not need to conduct any certification activities.

Applications for Benefits

When a victim of trafficking applies for benefits, caseworkers should follow the normal procedures for refugees except:
 

1)  Accept the original certification letter or letter for 
    children in place of INS documentation.  Victims of 
    severe forms of trafficking are not required to provide 
    any documentation of their immigration status.  A sample
    certification letter is attached.

2)  Call the trafficking verification line at (202) 401-5510 
    to confirm the validity of the certification letter or 
    letter for children and to notify ORR of the benefits
    for which the individual has applied.  (Note: At this 
    time, INS Systematic Alien Verification for Entitlements
    (SAVE) does not contain information about victims of 
    severe forms of trafficking.  Until further notice, do 
    not contact SAVE concerning victims of severe forms of 
    trafficking.)

3)  Note the "entry date" for refugee benefits purposes. 
    The individual's "entry date" is the certification date,
    which is in the body of the certification letter or 
    letter for children.  These letters also have an 
    expiration date.

4)  Issue benefits to the same extent as a refugee, provided 
    the victim of a severe form of trafficking meets other
    program eligibility criteria, such as income levels.

5)  Record the expiration dates of the certification letter 
    or letters for children so those caseworkers will be 
    prepared to conduct redeterminations of eligibility at 
    that time.

Individuals without Certification

If caseworkers encounter an individual that they believe may meet the definition in the Act, they should call Michael Jewell at (202)401-4561, Neil Kromash at (202)401-5702 or Arnetta Williams (202)401-5622.  If a child that is believed to be subjected to a severe form of trafficking, caseworkers should call Loren Bussert at (202)401-4732.

Call Debbie Bower-Hazlett in Central Office at 573/751-9488 if you need further assistance.
 

• Discuss this memorandum with appropriate staff.

•  Treat victims of severe forms of trafficking as a refugee case.

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