FACT SHEET:
VICTIM ASSISTANCE
Human trafficking1 is a modern-day form of slavery. Human trafficking is tied with arms as the second largest criminal industry in the world today – after drug dealing – and is the fastest growing.
Victims of human trafficking in the U.S. who are non-U.S. citizens are eligible to receive a special visa and other benefits and services through the Trafficking Victims Protection Act of 2000 (TVPA). Victims who are U.S. citizens may already be eligible to receive many of these benefits. These benefits and services include access to social service programs and immigration assistance needed to help victims safely and securely rebuild their lives in the United States.
Assistance Available to Victims of Human Trafficking
Adult victims of human trafficking (age 18 and over) who are certified by
the U.S. Department of Health and Human Services (HHS) can receive federally
funded services and benefits to the same extent as refugees. To receive
certification, an individual must:
• Be a victim of human trafficking as defined by the TVPA;
• Be willing to assist with the investigation and prosecution of traffickers;
and
• Have completed a bona fide application for a T visa; or
• Have received Continued Presence status from the U.S. Department
of Homeland Security
Child victims of human trafficking (under age 18) are immediately eligible
for benefits – they do not need to apply for a T visa or get Continued
Presence status. For such victims, HHS issues – once it has received
proof that the child is a victim of trafficking – a “letter
of eligibility.” The victim or the victim’s advocate may then
present the letter to social service providers as proof of eligibility.
Certified and eligible victims of human trafficking can receive benefits
and services necessary for the safety and protection of their lives including:
• Housing or shelter assistance | • English language training |
• Food assistance | • Health care assistance |
• Income assistance | • Mental health services |
• Employment assistance | • Assistance for victims of torture |
See the reverse side for a list of some specific benefits available to certified-adult and eligible child victims of human trafficking.
Immigration Status
The TVPA signified a shift in the immigration law policy, which previously
treated victims of human trafficking as illegal aliens subject to deportation.
It established the T visa to give victims of human trafficking temporary
status in the United States. The Act recognizes that returning victims to
their country of origin is often not in the best interests of victims and
that victims need the opportunity to rebuild their lives without facing
the threat of deportation.
After three years, a T visa recipient can apply for permanent residence
status. In certain situations, it enables victims of human trafficking to
get T visas for family members.
Following are some of the specific benefit programs for which victims can
apply:
Program |
Description |
---|---|
Temporary Assistance for Needy Families (TANF) | A cash benefit and work opportunities program for needy families with children under age 18. |
Food Stamp Program | Used like cash to pay for food at most grocery stores. |
Supplemental Security Income (SSI) | A monthly benefit for people who are blind, have severe disabilities, or are at least 65 years old and have limited income and resources. |
Torture Treatment Program | HHS-funded social, legal, health and psychological services for victims of torture. |
State Children’s Health Insurance Program (SCHIP) | The public health insurance program for low-income, uninsured children 18 years of age or younger who do not qualify for Medicaid. |
Unaccompanied Refugees Minor Program | Assists unaccompanied minor refugees and trafficking victims in developing skills to enter adulthood and achieve economic and social self-sufficiency. Provides family reunification assistance where appropriate. |
Medicaid | The public health insurance program for people with low income and limited resources. |
Health Screening | Provided by the State Department of Public Health for diagnosis, treatment and prevention of any illness (includes screening for TB, parasites, and hepatitis and vaccinations for children). |
Refugee Cash and Medical Assistance (RCA & RMA) | HHS program available to victims who are ineligible for other cash or medical assistance programs such as TANF, SSI and Medicaid. Victims may receive this assistance for the 8 months following issuance of the letter of certification/eligibility. |
One-Stop Career Center System | Free job search and employment centers that provide information and assistance for people who are looking for a job, or who need education and training in order to get a job. |
Job Corps | DOL residential and job education program for youth aged 16-24. |
Matching Grant | HHS-funded self-sufficiency program administered by private agencies. Provides job counseling and placement, case management, cash and living assistance. |
Housing | Eligibility for public housing authority assistance. |
State-specific Programs | Individual states offer additional programs. Contact the HHS Refugee Coordinator for a specific state for more information: http://www.acf.hhs.gov/programs/orr/partners/state_coordina.htm |
For more information on human trafficking visit www.acf.hhs.gov/trafficking.
1The TVPA defines the crime of human trafficking as:
A. The recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act where such an act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age, or
B. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
TVPA, PL 106-386, § 103, 22 USC 7102.
National Human Trafficking Resource Center at 1.888.3737.888