State Letter #01-13
Summary: Benefits for Victims of Trafficking underThe Trafficking Victims Protection Act of 2000
Eligibility
Under the Trafficking Victims Protection Act (the Act), adult victims of trafficking who are certified by the U.S. Department of Health and Human Services (HHS) are eligible for benefits to the same extent as refugees. Children who have been subjected to trafficking are also eligible like refugees but do not need to be certified.
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.
Benefit-issuing agencies do not need to conduct any certification activities.
Applications for Benefits
When a victim of trafficking applies for benefits, benefit-granting agencies should follow their normal procedures for refugees except agencies should:
(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.
(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, 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.
(4) Issue benefits to the same extent as a refugee, provided the victim of a severe form of trafficking meets other program eligibility criteria (e.g., income levels).
(5) Record the expiration date of the certification letter or letter for children so that benefit-granting agencies will be prepared to conduct re-determinations of eligibility at that time.
Individuals without Certification
If benefit-granting agencies 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 their State Analyst. If agencies encounter a child that they believe has been subjected to a severe form of trafficking, they should call Loren Bussert at (202) 401-4732.