Immigration > T Visa & Human Trafficking

Topic: T Visa & Human Trafficking

Materials for T Visa and human trafficked individuals.

[pdf] Wilmington University Pwpt Final (+)

This presentation helps people identify juvenile and adult immigrant victims who are eligible for federal protections, understand the role Congress delegated to State Court Judges, CPS, APS, law enforcement and prosecutors in these cases, and learn about how early access to federal VAWA, TVPA and SIJS immigration protections can stabilize individual victims and increase safety […]

Published November 24, 2020 by

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[pdf] Domestic Victims of Human Trafficking Program Data Collection – NIWAP Comments (February 25, 2020) (+)

These comments identify the VAWA confidentiality protections and issues that arise in cases of foreign born victims who obtained their lawful permanent residency and citizenship through the T visa or U visa programs. These victims are entitled to VAWA confidentiality protection that the proposed rule did not take into account.

Published February 26, 2020 by

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[pdf] The U Visa as a Crime-Fighting Tool Webinar Presentation 10.20.2020 (+)

This presentation educates prosecutors and law enforcement officials on how they can identify victims who qualify for the U and T visa as well as utilize immigration relief to hold offenders accountable. This presentation outlines how prosecutors can enhance victim, community, and officer safety by combatting domestic, sexual violence, and stalking. This presentation displays how […]

Published October 20, 2020 by

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[pdf] T Visa Quick Reference Guide For Judges (October 14, 2020) (+)

This document provides on overview of T visas for victims of human trafficking and serves as a quick reference guide discussing the role state, local and federal judicial officials are authorized by Congress to plan in signing T visa declarations on behalf of human trafficking victims that judges encounter in court. This document is part of the U Visa Certification and T Visa Declaration Toolkit for Judges.

Published October 14, 2020 by

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[pdf] COP Continued Human Trafficking with CAST Presentation 8.13.20 (+)

This presentation is a continuation of NIWAP’s COP’s discussion on human trafficking with the Director of Legal Services from the Coalition to Abolish Slavery & Trafficking (CAST): Nagwa Ibrahim. This presentation includes information on the T Visa as well as how to assess difficult human trafficking cases and help immigrant victims of domestic violence and […]

Published August 13, 2020 by

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[pdf] T Visa Protections for Family Members (July 3, 2020) (+)

The following chart outlines each of the types T visas available to immigrant victims of human trafficking and their family members. Age-out protections are provided for T visa principal applicants and for the family members they included in their applications (derivatives) who are under 18 or 21 years of age.

Published July 3, 2020 by

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[pdf] T Visa Regulations 2002 and 2016 (June 23, 2020) (+)

This document compares and tracks with comments the evolution and regulatory history of the T visa regulations. It includes the full regulatory history preamble language from both sets of regulations. It interlineates the 2002 regulations to help users identify which parts of the 2002 regulations and the preamble supporting that language remain in effect after implementation of the 2016 regulations. It also identifies which parts of the 2002 regulations were substantially modified, overruled, or replaced by the 2016 regulations and crosses out those provisions and any preamble language that is no longer relevant after implementation of the 2016 regulations. This is a tool that will help lawyers, judges and the field better understand the T visa regulations, and their history and purpose so as to better serve victims of human trafficking.

Published June 23, 2020 by

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[pdf] DHS Proteccions Para Las Víctimas Inmigrantes (Protections for Immigrant Victims)(Marzo 1, 2017) (+)

El Departamento de Seguridad Nacional ha producido una infografía que provee un resumen de protecciones legales para víctimas de crimen quien son adultos y niños. Esta infografía provee protección sobre inmigración para víctimas que sufren abuso en los estados unidos y/o en el extranjero. Las formas de alivio son: VAWA auto petición, Visa U, Visa T, Presencia Continua, Estado Especial de Inmigrante Juvenil (SIJS) y Asilo. Esta infografía tiene enlaces al sitio de web de DHS con materiales de entrenamiento e información sobre estos programas, formas de aplicaciones e instrucciones producido por el gobierno.

Published March 1, 2017 by

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[pdf] COP Human Trafficking 4.21.2020 (+)

This presentation covers screening for human trafficking victims. Commissioner Loretta Young and Judge Rosemary Collins (Ret.) discuss best practices when working with human trafficking victims. It also includes screening tools to assist victims of human trafficking and aid family law attorneys in their work.

Published 4-21-2020 by

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[pdf] USCIS and Blue Campaign Continued Presence Pamphlet (+)

This brochure was produced by USCIS and the Blue Campaign to explain continued presence: temporary immigration designation for victims of human trafficking. It explains important contact information, facts about continued presence, and an overview of continued presence.

Published February 28, 2020

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[pdf] And Legal Services for All: Implementing the Violence Against Women Act of 2005’s New Path to Legal Services Corporation Funded Representation for Immigrant Survivors of Domestic Violence, Sexual Assault, Human Trafficking, and Other Crimes (+)

This article contains a detailed description of the history and purpose of access to legal services funded by the Legal Services Corporation (“LSC”) for immigrant victims of domestic violence, sexual assault, human trafficking and other U visa listed criminal activities. It provides a detailed analysis of the 2014 LSC regulations, policies and the services they provide to immigrant victims, and highlights the very real implications that a lack of legal services can have for individuals who need them most.

Published November 3, 2014 by

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[pdf] DHS-Recognizing-Human-Trafficking-Victims-in-the-Courtroom (+)

This pamphlet developed by the Department of Homeland Security’s Blue Campaign provides tips for judges that can assist courts in identifying immigrant victims of human trafficking who appear before courts in a variety of judicial proceeding. This document also includes DHS recommendations for what steps courts can take when a judge or court staff identify a suspected trafficking victim.

Published January 1, 2015 by

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[pdf] VAWA-Confidentiality-History-Purpose-and-Violations (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter contains detailed legislative history on the development and evolution of the Violence Against Women Act (VAWA) confidentiality protections under U.S. immigration laws. VAWA’s immigration confidentiality protections accomplish three objectives: 1) preventing DHS, DOJ and the U.S. State Department from relying on information provided by a perpetrator or the perpetrator’s family member to harm victims; 2) barring the release by government officials of information about the existence of, actions taken in, or materials contained in a VAWA confidentiality protected case file; and 3) establishing a list of protected locations at which immigration enforcement actions in cases involving immigrant crime victims are not to take place. This chapter discusses each of these protections in detail and includes statutory and legislative history, regulations and government policies implementing VAWA confidentiality protections. This chapter also contains a discussion of sanctions applicable to DHS, DOJ, and State Department officials when VAWA confidentiality violations occur.

Published September 14, 2014 by

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[pdf] Immigration Options for Victims of Crimes (+)

Produced by the U.S. Department of Homeland Security covering Violence Against Women Act self-petitions, U visas and T visas. Information on Special Immigrant Juvenile Status and Deferred Action for Childhood Arrivals has been added by the National Immigrant Women’s Advocacy Project, American University, Washington College of Law. Downloadable one page (two sided brochure) available in English, Spanish, Russian, Korean, and Chinese.

Published June 30, 2011 by

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[pdf] Human Trafficking Vctims as Criminal Defendants (+)

This information card is designed to provide information and ideas for state court judges on possible options for dealing with criminal cases in which a defendant is a victim of human trafficking. The card is designed to help judges spot issues and is not meant to provide comprehensive or definitive answers regarding legal rights in specific cases. Judges using this card should also be aware that the law is constantly changing and varies from state to state, and electronic statutory materials on which the card is based may not be up to date.

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[pdf] Human Trafficking Vortex Panel Vignette (+)

Description for “At-Risk Youth Caught in the Vortex: The intersection Between Human Trafficking, Immigration Policies, and Trauma-informed Services for Commercially Sexually Exploited Children” at the NCJFCJ’s 2019 National Conferences.

Published March 4, 2019

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[pdf] Model Policy for Interactions with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations (+)

This proposed model policy was developed under a grant from the Bureau of Justice Assistance and in consultation with law enforcement leadership from multiple jurisdictions and with input from officials at the U.S. Department of Homeland Security and law enforcement agencies from across the country. Please also review the discussion paper that accompanies this Model policy. https://niwaplibrary.wcl.american.edu/pubs/discussion-paper-model-policy-u-visa-certification-may-2016

Published October 31, 2016 by

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[pdf] Discussion Paper for Model Policy for Interactions with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations (+)

This proposed model policy discussion paper was developed under a grant from the Bureau of Justice Assistance and in consultation with law enforcement leadership from multiple jurisdictions and with input from officials at the U.S. Department of Homeland Security. Please also review the Proposed Model Policy that accompanies this Discussion Paper.

Published October 31, 2016 by

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Nov. 30, 2018: U Visa Certifications and Special Immigrant Juvenile Status: The Judge’s Role (Webinar)

Webinar U Visa Certifications and Special Immigrant Juvenile Status: The Judge’s Role[1] November 30, 2018 Also see our full library of State Justice Institute supported materials for courts at www.niwap.org/go/sji  To receive updates, sign up for NIWAP’s outreach list. https://www.surveymonkey.com/r/Z6373LX  You can elect NIWAP’s general outreach list to receive notices of trainings, webinars, new materials, […]

Published November 27, 2018

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*Gender-based Asylum 2018 policies have no effect on VAWA protections for Immigrant Domestic Violence Victims

Violence Against Women Act protections for immigrant survivors of domestic violence continue in full force and effect and are NOT affected by the 2018 domestic violence asylum policies issued by the U.S. Department of Justice.   On June 11, 2018, the Attorney General issued a new precedential decision, in Matter of A-B-, 27 I&N Dec. […]

Published August 31, 2018

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[pdf] Overcoming Fear and Building Trust With Immigrant Communities and Crime Victims (Police Chief Magazine April 2018) (+)

This article in Police Chief Magazine discusses the benefits of U and T visa certification programs for law enforcement, reports results from a 2017 survey of law enforcement officers regarding their experiences of working with immigrant crime victims in 2016 and 2017 and based on the findings makes recommendations regarding adopting U visa and T visa certification practices and policies, language access plans, training law enforcement officers on U and T visa certification and receiving technical assistance from law enforcement officials who are national experts.

Published April 2018 by

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[pdf] Appendix G – DHS Immigrants Options for Victims of Crime (English) (+)

This Appendix provides a snapshot of immigrant’s options for victims of crime.

Published February 6, 2018 by

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*Training Tools for Prosecutors on the U Visa, VAWA and Criminal Court Discovery (June 2023)

AEquitas, The Prosecutor’s Resource on Violence Against Women and the National Immigrant Women’s Advocacy Center, American University, Washington College of Law have created tools for prosecutors working on cases involving immigrant crime victims.  The development of these tools was funded by the Office on Violence Against Women, U.S. Department of Justice. What’s Immigration Status Got […]

Published November 8, 2017

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[pdf] DHS Protections for Immigrant Victims – Chinese (+)

DHS Protections for Immigrant Victims – Chinese 对遭受犯罪行为侵害的移民的保护

Published October 6, 2017 by

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[pdf] DHS PROTEÇÕES PARA VÍTIMAS IMIGRANTES – (Protections for Immigrant Victims) [pdf] (+)

O Departamento de Segurança Interna produziu uma infográfico que fornece um resumo das proteções legais para vítimas de crimes que são adultos e crianças. Este infográfico fornece proteção de imigração para vítimas de abuso nos Estados Unidos e / ou no exterior. As formas de alívio são: VAWA, visto U, visto T, presença contínua, status […]

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*Trafficking FAQs

Identifying Trafficking I am not sure if my client is a trafficking victim. What should I be looking for? Identifying a trafficking victim is complicated, particularly because of the misconceptions about human trafficking. The following is the definition of a severe form of trafficking in persons under the Trafficking Victims Protection Act (TVPA): Sex trafficking […]

Published August 30, 2017

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*Evidence Checklists For Work With Immigrant Survivors (February 11, 2017)

NIWAP has developed a number of checklists that assist attorneys and advocates working with immigrant survivors to prepare for a variety of legal cases on behalf of immigrant survivors.  Some of the following checklists are geared toward preparing to accompany a victim who will be applying for state or federal public benefits that the victim […]

Published February 12, 2017

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*Tools for Advocates Assisting Immigrant Crime Victims in Immigration Cases

Identifying Immigration Options for Immigrant Survivors How to Prepare Your Case Through A Trauma Informed Approach: Tips on Using the Trauma Informed Structured Interview Questionnaires for Family Court Cases Developing a survivor’s story is a critical component of preparing for any case in which a client has a history of domestic violence, sexual assault, dating violence, […]

Published February 8, 2017

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*Department of Homeland Security’s Interactive Infographic on Protections for Immigrant Victims

The Department of Homeland Security (DHS) released an infographic detailing the protections afforded to immigrant victims. This interactive infographic describes qualifications and benefits for each form of immigration relief designed to help immigrant victims.   When you click on each form of relief, a link takes you to a DHS webpage with further information, brochures […]

Published February 2, 2017

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[pdf] T Visa Declaration (Certification) I-914 Supplement B Instructions (December 2, 2021) (+)

U.S. Citizenship and Immigration Services T Visa Declaration (Certification ) Form for use by law enforcement, prosecutors, judges and other government agencies in assisting victims of human trafficking filing T visa applications. The Declaration provides helpful evidence in support of the trafficking victim’s application for a T visa.

Published January 18, 2017 by

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[pdf] Instructions for T Visa Declaration (Certification) Form I-914, Supplement B (January 18, 2017) (+)

Instructions for filling out Form I-914, Supplement B, Declaration (Certification) to be used by law enforcement, prosecutors, judges and other government agencies signing declarations/certifications that provide evidence in support of a victim of human trafficking’s application for a T visa.

Published January 18, 2017 by

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[pdf] ICE OPLA VAWA Confidentiality and Immigration Relief for Crime Victims Training (November 11, 2016) (+)

This notice reports on the trainings conducted by the Immigration and Customs Enforcement’s Office of Principal Legal Advisor on VAWA Confidentiality and immigration protections for victims for ICE Assistant chief counsel and Enforcement and removal officers. The goal of this training was to ensure that all ICE Trial Attorneys and the Assistant Chief Counsel they report to are aware of the requirements of VAWA confidentiality and the protections available to immigrant crime victims under the VAWA, T visa, and U visa programs and under the 2011 Victim Witness Memo. The document lists the process for contacting the ICE Office of Chief Counsel for problems with particular cases and the point of contact at OPLA on VAWA confidentiality.

Published December 21, 2016 by

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*Trafficking Victims Protection Act and Reauthorization Acts

Trafficking Victims Protection and Reauthorization Act of 2008 Trafficking Victims Protection and Reauthorization Act of 2008: Statute (As Enacted) Trafficking Victims Protection and Reauthorization Act of 2008, H.R. 7311 (Analysis of Selected Sections (§§ 105, 201, 204, 205, 211, 212, 238) Prepared by Legal Momentum) Trafficking Victims Protection and Reauthorization Act of 2005 Trafficking Victims Protection and […]

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[pdf] SNAPS In Focus: Addressing the Needs of Human Trafficking Victims (2016) (+)

Discusses action plan for serving human trafficking victims. Includes a discussion of the HUD requirement that housing and service providers that they must not turn away immigrants experiencing homelessness or victims of domestic violence or human trafficking, on the basis of their immigration status, from certain housing and services necessary for life or safety – such as street outreach, emergency shelter, and short term housing assistance including transitional housing and rapid rehousing funded through the Emergency Solutions Grants (ESG) and CoC Programs.

Published August 29, 2016 by

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[pdf] Services Available to Victims of Human Trafficking: A Resource Guide for Social Services Providers (2012) (+)

Provides an overview of the state and federally funded benefits and services available to victims of human trafficking. Includes access to public benefits offered by HHS, USDA, HUD, USDOJ, SSA, DOL, and DOE (Education).

Published May 2012 by

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[pdf] Abused, Abandoned, or Neglected: Legal Options for Recent Immigrant Women and Girls (August 2016) (+)

This article discusses legal options for immigrant girls and immigrant women who are recent immigrants to the United States. It provides an overview of legal immigration relief options including the VAWA self-petition, U Visa, T Visa, Special Immigrant Juvenile Status (SIJS) and Deferred Action for Childhood Arrivals. The article provides a detailed legislative history of SIJS, discusses the importance of trauma informed screening of immigrant children for immigration relief eligibility, and provides an overview of help that Legal Services Corporation funded programs can provide to immigrant children who have suffered battering, extreme cruelty, sexual assault or human trafficking. Importantly the article provides a detailed discussion of the special role state family and juvenile courts play and legal issues that arise in state court proceedings that are a prerequisite to a child’s ability to file a case seeking SIJS immigration relief.

Published August 2016 by

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[pdf] Slides from “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” (+)

These slides were presented by Leslye Orloff in a keynote address entitled “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” at Youngstown State University on March 31, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/Ohio2016.

Published March 31, 2016 by

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[pdf] Bipartisan Women Made Anti-Violence Act Happen (+)

Article by Ann Moline Women’s Enews correspondent, on the collaboration between Democratic and Republican Senate staff who led Senator Kennedy and Abraham’s work on the Violence Against Women Act of 2000’s immigration protections including the creation of the U and T Visas and improvements to VAWA self-petitioning, VAWA cancellation of removal and VAWA suspension of deportation.

Published December 12, 2000 by

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[pdf] U Visa LEP Training for LE and Prosecutors NSA 2016 (+)

This workshop was presented by Leslye E. Orloff and Officer Michael LaRiviere at the National Sheriff’s Association Winter 2016 Conference in Washington, D.C. The slides aim enhance officer, victim, and community safety using language access and certification programs including the U and T Visas.

Published February 7, 2016 by

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[pdf] Law Enforcement and Prosecution Best Practices: Immigrant Crime Victims, Language Access and the U Visa Slides (NCVC Anaheim Training 2015) (+)

These slides were presented by Leslye E. Orloff and Officer Michael LaRiviere at the National Center for Victims of Crime 2015 Training Institute. The slides aim to educate law enforcement, prosecutors, and other victim service providers about their role in providing services to immigrant crime victims, including providing U visa certification and T visa endorsement.

Published September 9, 2015 by

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[pdf] DHS U and T Visa Law Enforcement Resource Guide Updated November 30, 2015 (+)

Updated November 30, 2015, the Department of Homeland Security published an updated resource guide to clarify and further explain the role of certifying agencies in the U and T visa application process. This guide addresses concerns, answers common questions, and provides accurate information on signing I-918B and I-914B forms for federal, state, local, tribal, and territorial law enforcement, prosecutors, judges, and other government agencies qualified to sign U visa certifications such as the EEOC, federal and state labor departments, adult and child protective services, and any other eligible agencies that have criminal, civil, or administrative investigative or prosecutorial authority. The guide provides information on what U and T visas are, discusses U visa qualifying criminal activities and severe forms of trafficking in persons, explains the standard for “helpfulness” and “reasonable request for assistance”, and has many more important tips and information about the U and T visa.

Published November 30, 2015 by

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*Empowering Survivors Table of Contents

This is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, […]

Published November 22, 2015

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Materials on Human Trafficking and State Courts

The HTC Collaborative is dedicated to increasing awareness and understanding about the prevalence of human trafficking in the United States through the Human Trafficking and the State Courts Collaborative website. Establishing an appropriate state court role in addressing the numerous and complicated forms of modern day slavery will be one of the most difficult challenges confronting state courts in the coming decade.

The State Justice Institute provided initial funding to address this challenge, resulting in the formation of the Human Trafficking and the State Courts Collaborative (HTC) in early 2013. The HTC is being coordinated by the following partner agencies: the Center for Public Policy Studies (CPPS), the Center for Court Innovation (CCI), the National Judicial College (NJC), Legal Momentum, the National Association of Women Judges (NAWJ) and the National Council for Juvenile and Family Court Judges (NCJFCJ).

This website is one facet of the ongoing work of the HTC and is designed to provide up-to-date information, reports, statistics, and tools that will help justice system policy makers, practitioners and researchers more effectively address human trafficking issues. We anticipate the materials will prove useful to other individuals, groups and organizations committed to achieving a solution to end the trafficking of persons.

Published November 7, 2015

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[pdf] Comparing Forms of Immigration Relief for Immigrant Victims of Crime (+)

This chart has been developed as a tool to help advocates, attorneys, judges, law enforcement and other professionals to promote a basic understanding of how various forms of immigration relief available to help immigrant crime victims and children differ. The chart compares eligibility requirements, access to employment authorization and lawful permanent residency, and the application process.

Published September 12, 2015 by

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[pdf] Chapter 08: Immigration Relief for Child Sexual Assault Survivors (July 10, 2014) (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides basic information on various immigration remedies available to child survivors of sexual abuse and/or assault. This chapter will cover: (1) VAWA (“Violence Against Women Act”) self-petitioning; (2) VAWA cancellation of removal and suspension of deportation; (3) Special Immigrant Juvenile status (“SIJ”); (4) U-visas/interim relief; (5) T-visas; and (6) asylum.

Published July 10, 2014 by

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[pdf] Form I-914, Supplement B, Declaration (Certification) of Law Enforcement Officer for Victim of Trafficking in Persons (Januaryy 18, 2017) (+)

This form should be completed by Federal, State, or local enforcement authorities, prosecutors, judges or other government officials for victims applying for T visas under the Victims of Trafficking and Violence Protection Act, Public Law 106-386, as amended.

Published January 18, 2017 by ,

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[pdf] Memorandum on Select Differences Between S. 3061 and H.R. 3887 (+)

The following memorandum analyzes the differences between H.R. 3887, the William Wilberforce Trafficking Victims Protection Act of 2007, as passed by the House on December 4, 2007, and referred to the Senate; and S. 3061, the William Wilberforce Trafficking Victims Protection Act of 2008, as introduced in the Senate on May 22, 2008 by Senators Joseph Biden and Sean Brownback.

Published June 24, 2008 by

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[pdf] Markup before the Committee on International Relations, House of Representatives (2005) (+)

Includes topics of: Encouraging the U.S. Government to Actively Support the Democratic Political and Social Forces in Nicaragua; Urging the Secretary to Coordinate with other Governmental Agencies and NGOs in Creating an Online Database of International Exchange Programs and Related Opportunities; Congratulating Israel on the Election of Ambassador Dan Gillerman as Vice-President of the 60th UN General Assembly; Recognizing the Commencement of Ramadan and Commending Muslims for their Faith; and the Trafficking Victims Protection Reauthorization Act of 2005. (H. Con. Res. 252, H. Res. 192, H. Res. 368, H. Res. 472 and H.R. 972.)

Published October 7, 2005 by

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[pdf] Approval of Compact of Free Associations Between the Governments of the U.S. and the Federated States of Micronesia and the U.S. and The Republic of the Marshall Islands; Trafficking Victims Protection Reauthorization Act of 2003; and Torture Victims Relief Reauthorization Act of 2003 (+)

Markup before the Committee on International Relations, House of Representatives. H.J. Res. 63, H.R. 2620 and H.R. 1813.

Published July 23, 2003 by

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[pdf] Full Text of H.R. 3244 Victims of Trafficking and Violence Protection Act and Violence Against Women Act of 2000 (+)

Full Text of H.R. 3244 Victims of Trafficking and Violence Protection Act (TVPA) and Violence Against Women Act of 2000. The TVPA was designed to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against women, and for other purposes. The TVPA has the ability to authorize protections for undocumented immigrants who are victims of severe forms of trafficking (T visa).

Published 2000 by

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[pdf] William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (+)

Public Law 110-457; [H.R. 7311] An act to authorize appropriations for fiscal years 2008 through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measure to combat trafficking in persons, and for other purposes.

Published December 23, 2008 by

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