The Trafficking Victims Protection Act of 2000 ("TVPA"), passed on October 28, 2000, marks the most comprehensive U.S. law to address the various aspects of trafficking in persons both internationally and domestically. The TVPA aims to combat trafficking by establishing measures to prevent trafficking, protect its victims, and prosecute those accountable for trafficking.

The TVPA defines "severe form of trafficking in persons" as:

1. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age;
2. 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.

The TVPA recognizes only sex trafficking and labor trafficking that involves force, fraud or coercion with exceptions for minors.

Prevention

The TVPA addresses the prevention of trafficking through international initiatives that reduce the vulnerability of individuals by increased education, economic opportunities, and the protection and promotion of human rights. Initiatives may include micro-credit lending programs, training in business development, skills training, and job counseling; programs to promote women's participation in economic decision making; programs to keep children, especially girls, in elementary and secondary schools, and to educate persons who have been victims of trafficking; the development of educational curricula regarding the dangers of trafficking; and grants to non-governmental organizations to advance the political, economic, social, and educational roles and capacities of women in their countries.

The TVPA also calls for the implementation of programs to increase public awareness, particularly among potential victims of trafficking, about the dangers of trafficking and the protections that are available for victims of trafficking.

Protection & Assistance

Services & Benefits

Victims of trafficking certified (or deemed eligible, if minors) by the Department of Health and Human Service/Office of Refugee Resettlement can access benefits and services to the same extent as refugees with the exception of Reception & Placement services.

Federal & State Mainstream Public Benefits

• Medicaid
• Temporary Assistance for Needy Families (TANF)
• Supplemental Security Income (SSI)
• Food Stamps

Refugee Programs & Trafficking Victim Services

• Refugee Cash & Medical Assistance
• Matching Grant Program
• Unaccompanied Refugee Minor Program
• Services for Victims of Trafficking

Immigration

Under the TVPA, immigration relief is available for victims of severe forms of trafficking who lack immigration status in the United States. Trafficking victims will need to apply for immigration relief or benefits with the Bureau of Citizenship and Immigration Services (BCIS). In order to evaluate individual eligibility for any specific immigration benefit, individuals should seek assistance from a qualified immigration law practitioner.

Continued Presence: To effectuate the prosecution of traffickers, eligible victims who lack legal status but who are potential witnesses of such trafficking may receive temporary immigration relief under the continued presence provisions of Section 107(c) of the TVPA. This includes work authorization. Only a federal law enforcement agency may petition the BCIS for continued presence. BCIS has the discretion to utilize one of several statutory and administrative mechanisms to authorize the continued presence of victims of severe forms of trafficking. Some of the mechanisms available to the BCIS for this purpose include parole, stay of removal, and deferred action.

T Visa: T visas may be available to victims of severe forms of trafficking who have complied with any reasonable requests for assistance in the investigation or prosecution of acts of trafficking. However, minors under the age of fifteen do not have to comply with such requests in order to be eligible for a T visa. In addition, a victim of a severe form of trafficking is eligible to receive a T visa only if he or she is physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry on account of such trafficking, and if he or she would suffer extreme hardship involving unusual and severe harm upon removal.

U Visa: U visas may be available to individuals who have suffered substantial physical or mental abuse as a result of being the victims of certain crimes designated by the VTVPA - including trafficking, sexual exploitation, sexual assault, peonage, involuntary servitude, and slave trade - that violate federal, state, or local criminal laws or have occurred while in the United States, its territories, or possessions. To be eligible for a U visa, the victim must possess information concerning the crime and the U visa petition must include a certification from federal, state, or local law enforcement, or BCIS, stating that the victim is helping, has helped, or is likely to be helpful in the investigation or prosecution of the crime.

Recipients of both the T and U visas are eligible to live and work in the U.S. for three years. After three years, T or U visa holders may be eligible to adjust their status to that of lawful permanent resident, in accordance with immigration regulations governing adjustment of status (yet to be published). Under certain circumstances, T or U visas may be available to family members of the victim. By statute, only 5,000 T visas and 10,000 U visas may be issued to victims annually. These limits do not apply to family members.

Victims of trafficking may also be eligible for other immigration relief, including family-based and employment based benefits, special immigrant juvenile status, or asylum. Victims or service providers working with trafficking victims should consult with a qualified immigration law practitioner for advice concerning the full range of benefits for which trafficking victims may be eligible.

For more information, please contact a legal services provider, your local BCIS (www.immigration.gov/graphics/fieldoffices/index.htm), or your local U.S. Attorney's office (www.usdoj.gov/usao/offices/index.html).

Prosecution

The TVPA has established new trafficking crimes in order to strengthen the prosecution and punishment of traffickers. It allows for the prosecution of cases where nonviolent coercion is used to force victims to work and also criminalizes the confiscation of documents such as passports and identification documents in committed in furtherance of trafficking. Convicted traffickers are now sentenced to at least 20 years and up to life imprisonment where the violation involves the death, kidnapping, or sexual abuse of the victim. The TVPA also requires courts to order restitution and forfeiture of assets upon conviction and enables victims to seek witness protection and other types of assistance.