 Annual ORR Reports to Congress - 2001
Victims of Trafficking
In order to deter trafficking in persons for the purpose of commercial sex acts, involuntary servitude, peonage, debt bondage, or slavery, Congress enacted the Victims of Trafficking and Violence Protection Act (TVPA) in October, 2000. The law aims to combat trafficking by increasing law enforcement, ensuring effective punishment of traffickers, protecting victims, and providing Federal and certain State assistance to victims. The legislation makes adult victims of severe forms of trafficking who have been certified by the U.S. Department of Health and Human Services eligible for certain benefits and services to the same extent as refugees. Victims of severe forms of trafficking who are under 18 years of age are also eligible for these benefits to the same extent as refugees but do not need to be certified.HHS was given responsibility for the certification process under section 107(b)(1)(E) of the Act. To implement its responsibilities under the Act, the Department delegated the authority to conduct certification activities to the Administration for Children and Families, which in turn re-delegated authority to ORR. ORR has developed certification policies and procedures to meet the needs of victims.
For adults, ORR reviews whether the individual has been subjected to a severe form of trafficking and whether he meets the two certification requirements, which are listed below. The Act defines the term "severe forms of trafficking in persons" as the following:-
sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person who is induced to perform such act has not attained 18 years of age; or
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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.
HHS, after consultation with the Attorney General, may certify an adult victim of a severe form of trafficking who:
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is willing to assist in every reasonable way in the investigation and prosecution of severe forms of trafficking in persons; and
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has made a bona fide application for a visa under section 101(a)(15)(T) of the Immigration and Nationality Act that has not been denied; or is a person whose continued presence in the United States the Attorney General is ensuring in order to effectuate prosecution of traffickers in persons.
As mentioned above, minors under 18 years of age who have been subjected to a severe form of trafficking do not need to be certified in order to receive benefits. For the purposes of benefits eligibility, the Act defines a minor victim of a severe form of trafficking as a person who has been subjected to a severe form of trafficking and who has not attained 18 years of age. ORR issues eligibility letters, which will be similar to the adult certification letters, stating that a child is a victim of a severe form of trafficking.
In FY 2001, ORR issued 194 certification letters to adults (98 percent), and four eligibility letters (two percent) to minors under the age of 18. These letters enabled a total of 198 trafficking victims to become eligible to apply for certain benefits to the same extent as refugees.
Grants for Assistance to Victims of Trafficking
In FY 2001, ORR, through its discretionary grant program, awarded over $1.25 million to eight organizations throughout the U.S. The purpose of the grants is to provide resources to assist victims of trafficking in their transition from victimization to self-sufficiency. Grant funds may be used for a wide range of services, including case management, temporary housing, special mental health needs (such as trauma counseling), legal assistance referrals, and cultural orientation. In addition, trafficking grant funds may be used to fund other services needed to bridge the gap between the date of certification and the receipt of public benefits and support services.
After a competitive process, the eight grantees were selected:
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Refugee Women's Network (Decatur, Georgia)
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Catholic Charities of Alaska (Anchorage, Alaska)
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Pacific Gateway Center (Honolulu, Hawaii)
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Safe Horizon (New York, New York)
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Coalition to Abolish Slavery and Trafficking CAST (Los Angeles, California)
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Heartland Alliance (Chicago, Illinois)
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Boat People S.O.S. (Falls Church, Virginia)
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East Dallas Counseling Center (Dallas, Texas)
Outreach Activities
The TVPA calls for HHS, in collaboration with other designated Federal agencies, to establish programs to increase public awareness about trafficking in persons. To that end, ORR staff have been actively involved in outreach efforts aimed at non-governmental organizations (NGOs), voluntary agencies, State and local social service providers, State and local law enforcement, the general public, and other Federal and State government officials.
ORR staff established training and gave presentations in a variety of organized forums, reaching approximately 835 people during FY 2001. The content of these sessions focused on the problem of trafficking, background of the legislation, the roles and responsibilities of ORR within the law, the role of benefit-issuing offices within the ORR certification process, and the benefits and services available to certified/eligible trafficking victims.