Workforce services for trafficking victims

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2008/TEGL19-01C1acc.pdf

CLASSIFICATION
                                                       Trafficking Victims Protection
      EMPLOYMENT AND TRAINING ADMINISTRATION
                  ADVISORY SYSTEM
                                                       Act
                                                       CORRESPONDENCE SYMBOL
             U.S. DEPARTMENT OF LABOR
                Washington, D.C. 20210                 OWI/OPDR
                                                       DATE
                                                       July 15, 2008


 TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 19-01, Change 1

 TO:            ALL STATE WORKFORCE LIAISONS
                ALL STATE WORKFORCE AGENCIES
                ALL STATE WORKER ADJUSTMENT LIAISONS
                ALL ONE-STOP CENTER SYSTEM LEADS

 FROM:          BRENT R. ORRELL /s/
                Deputy Assistant Secretary

 SUBJECT:       Victims of Trafficking and Violence Protection Act of 2000; Trafficking
                Victims Protection Reauthorization Acts of 2003 and 2005; and the Role of
                the Workforce Investment System in the Delivery of Services for Victims
                of Trafficking

    1. Purpose. To provide updated information to the workforce investment system, and
    particularly the One-Stop Career Centers, on the Trafficking Victims Protection Act
    of 2000 and the Trafficking Victims Protection Reauthorization Acts of 2003 and
    2005, and guidance on how the One-Stop delivery system can provide assistance to
    trafficking victims under the Workforce Investment Act of 1998.

    2. References. The Victims of Trafficking and Violence Protection Act of 2000 (Public
    Law 106-386) (containing the Trafficking Victims Protection Act (TVPA)); the
    Trafficking Victims Protection Reauthorization Act of 2003 (Public Law 108-193)
    (TVPRA 2003); the Trafficking Victims Protection Reauthorization Act of 2005
    (Public Law 109-164) (TVPRA 2005)); the Workforce Investment Act of 1998 (WIA)
    (Public Law 105-220, 29 U.S.C. 2801 et seq.); WIA Final Rule, 20 C.F.R. parts 652, 660-
    671 (65 F.R. 49294 (August 11, 2000)); Interim Final Rule implementing the non-
    discrimination and equal opportunity provision (section 188) of WIA, 29 C.F.R. part
    37 (64 F.R. 61692 (November 12, 1999); and the Immigration and Nationality Act (8
    U.S.C. 1101- 1537).

3.    Background. Trafficking in persons is a modern form of slavery. Approximately
      600,000 to 800,000 persons annually, primarily women and children, are trafficked
      within or across international borders. Victims are often lured into trafficking
      networks through false promises of good working conditions and high pay as
      domestic workers, factory and farm workers, nannies, waitresses, sales clerks, or
     RESCISSIONS:   NONE                              EXPIRATION DATE:     Continuing

models. Other victims are simply kidnapped. Traffickers force their victims into the
international sex trade, prostitution, slavery, and forced labor through coercion,
threats of physical violence, psychological abuse, torture and imprisonment. It is
believed that most victims who are trafficked remain undetected by the public
because the strategies used by the perpetrators isolate victims and prevent them
from coming forward, and the public and victim service providers have only
recently become aware of this issue and may not be familiar with how to recognize
or respond to trafficking victims.

According to the findings of Congress, as cited in the TVPA, trafficking in persons is
increasingly perpetrated by organized, sophisticated criminal enterprises. Such
trafficking is the fastest growing source of profits for organized criminal enterprises
worldwide. Profits from the trafficking industry contribute to the expansion of
organized crime in the United States and worldwide (Section 102(b)(8)). To deter
these crimes, the TVPA was enacted in October 2000, and reauthorized in December
2003 (Public Law 108-193), and in January 2005 (Public Law 109-164). Its aims are to
combat trafficking worldwide through increased law enforcement, to prevent
trafficking through international initiatives, to ensure effective punishment of
traffickers, to protect victims and to provide Federal and state assistance to victims.

The law applies to victims physically present in the 50 states of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,
American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
The TVPRA 2005 added extraterritorial jurisdiction over trafficking offenses
committed overseas by persons employed by or accompanying the Federal
government. Section 103; 18 U.S.C. 3271.

To improve prosecution efforts, the Attorney General has issued guidance
concerning Federal prosecutions under the TVPA, detailing the important law
enforcement tools available under the TVPA. For example, those convicted of
trafficking offenses may be imprisoned for up to 20 years and, in some instances, for
life. Moreover, the TVPA includes criminal provisions to address the subtle means
of coercion that traffickers often use to bind their victims in servitude, including:
psychological coercion, trickery, peonage, debt bondage, and the seizure of
documents, activities which were difficult to prosecute under pre-existing
involuntary servitude statutes and case law.

The following are descriptions of some of the cases the Department of Justice has
prosecuted in Fiscal Year 2007 alone:

   •   Two defendants, who operated a worldwide perfume business, were
       convicted at trial of forced labor and harboring illegal aliens for keeping two
       Indonesian women as slaves in their luxurious Long Island home following a
       U.S. Immigration and Customs Enforcement investigation. The victims were
       forced to work long hours and to sleep on mats on the floor, given little food,

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          kept hidden when visitors came to the home, threatened with violence and
          frequently beaten.

      •   A husband and wife were convicted at trial for bringing workers from the
          Philippines illegally and forcing them to work in their hotel. The defendants
          were also convicted for providing false statements to Federal investigators
          during the investigation.

      •   Four defendants were charged with conspiracy to engage in forced labor,
          bringing in illegal aliens for financial gain and harboring aliens. The
          defendants recruited and smuggled individuals from Mexico into the United
          States where the individuals were harbored and employed. Once the aliens
          were in the United States, the defendants threatened to kill or harm them and
          their families in Mexico in order to compel their continued labor and
          reimbursement of smuggling debts. Three defendants pleaded guilty and one
          defendant is a fugitive. One of the three convicted by plea was sentenced to a
          term of 13 months.

4. Definitions. Under sections 107(b)(1)(A) and (B), the TVPA requires that the
   Secretary of Labor provide benefits and services to victims of severe forms of
   trafficking in persons to the same extent as aliens who are admitted to the United
   States as refugees, without regard to their immigration status. Under section 103(8)
   of the Act, the term “severe forms of trafficking in persons” means:

      (A) sex trafficking in which a commercial sex 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.

   In the TVPRA 2005, the term “juvenile subjected to trafficking” is defined as “a
   United States citizen, or alien admitted for permanent residence, who is the subject
   of sex trafficking or severe forms of trafficking in persons that occurs, in whole or in
   part, within the territorial jurisdiction of the United States and who has not attained
   18 years of age at the time the person is identified as having been the subject of sex
   trafficking or severe forms of trafficking in persons.” TVPRA 2005, Section 203; 42
   U.S.C. 14044b. The term ‘‘severe forms of trafficking in persons’’ has the meaning
   given the term in section 103(8) of the TVPA. 22 U.S.C. 7102(8).




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5. Victims of Human Trafficking in the One -Stop Delivery System.

   One-Stop Career Center staff can
   assist trafficking victims in several    National Human Trafficking Resource
   ways:                                    Center: 1-888-3737-888

   First, if an individual comes to a        Trafficking in Persons/ Worker
                                             Exploitation Hotline: 1-888-428-7581
   One-Stop Career Center who may be
   a victim of trafficking, a call to the    DOJ Human Trafficking Prosecution
   National Human Trafficking                Unit: 202-514-3204
   Resource Center (NHTRC) at
   1-888-3737-888 can help One-Stop Career Center staff determine the best steps for
   assisting the individual. The NHTRC serves as a triage for multiple hotlines and
   connects callers to the appropriate resources, such as local human trafficking task
   forces, social service providers, law enforcement agencies, or training and technical
   assistance resources.

   If there is an immediate need to contact law enforcement, One-Stop Career Center
   staff should call 911 to report the crime and may also call the NHTRC. Another
   option is to call the U. S. Department of Justice’s Trafficking in Persons and Worker
   Exploitation Task Force complaint hotline at 1-888-428-7581. This toll-free hotline is
   available Monday through Friday from 9:00 a.m. to 5:00 p.m. Eastern Time; and has
   the capability to translate up to 150 languages. One-Stop staff may also contact the
   U.S. Department of Justice’s Human Trafficking Prosecution Unit at (202) 514-3204.

   Second, once an individual has been determined to be a victim of a severe form of
   trafficking, One-Stop Career Center staff can provide services under WIA Title I.
   Under section 107(b) of the TVPA, an alien who is a victim of a severe form of
   trafficking is eligible for WIA on the same basis as individuals with refugee status
   under section 207 of the Immigration and Nationality Act. Thus, all states, including
   those that generally limit eligibility for WIA services to the individuals specified in
   WIA section 188(a)(5), may not deny WIA-funded services available to victims of
   severe forms of trafficking based on their immigration status.

   An alien’s status as a victim of a
                                                HHS Trafficking Victim
   severe form of trafficking may be
                                                Verification Hotline: 1-866-401-5510
   demonstrated in various ways. Some
   trafficking victims may have the
   usual immigration documents needed to confirm eligibility. Others will have letters
   of certification from the Office of Refugee Resettlement in the Department of Health
   and Human Services (HHS). Victims of trafficking who have been certified by HHS
   are eligible for services under WIA Title I. As with any WIA participant, they must
   meet program eligibility requirements to receive WIA Title I services. A sample
   certification letter is attached for reference. Also attached is an HHS directive to its
   state partners that provides detailed information on the letters’ issuance and use.
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The certification process is handled by HHS at the Federal level, and any questions
about these certification letters can be directed to the Trafficking Victim Verification
hotline at 1-866-401-5510. This service is available Monday through Friday, 9:00 a.m.
to 5:00 p.m., Eastern Time.

Children who are under 18 years old and who have been subjected to trafficking do
not receive a certification letter from HHS. Instead, HHS issues Letters of Eligibility
to minor victims of trafficking so that they may access Federal benefits and services.
As with any participant, they must meet all applicable program eligibility
requirements to receive WIA Title I services.

Some victims of trafficking will have been issued “T” visas that have been created by
section 107(b)(1)(E) of the TVPA to protect trafficking victims. Aliens with T visas
are eligible for WIA-funded services as immigrants authorized to work in the United
States. This visa will be available to victims of a severe form of human trafficking
who have complied with a reasonable request to assist the investigation or
prosecution of traffickers, or who are under age 15, and who would "suffer extreme
hardship involving unusual and severe harm" if made to leave the United States.
8 C.F.R. 214.11(b)(4). Because the families of trafficking victims who are still in the
country of origin may be at risk, trafficking victims may petition to have their
spouses and children, and if under 21, their parents, join them in the United States.

Other trafficking victims may be permitted to remain in the United States under
section 107(c)(3) of the TVPA. Trafficking victims may be assisting authorities in the
prosecution of their captors. In these cases, the victim witness coordinators in the
local United States Attorney’s Office may be working with them to arrange
necessary services. These witness coordinators have been instructed to contact their
local One- Stop Career Center to arrange workforce investment services.

Third, many trafficking victims will require a broad range of social services,
including provision of housing, protection from those who have exploited them,
medical care, and counseling. Beyond the basic necessities, they very often will need
basic literacy training and instruction in English and other academic and vocational
services. Some of these services can be provided at a One-Stop Career Center, but
assisting these individuals will require coordination among social service agencies
and community- based organizations. For trafficking victims who meet the
following qualifications, Job Corps may be the most appropriate program since it
supplies the basic necessities, as well as training in English as a Second Language,
literacy, and vocational training at one location. These qualifications are:

   •   Be between 16-24 years old. However, if the applicant has a documented
       disability, there is no upper age limit;
   •   Be a U.S. citizen , a U.S. national, a lawfully admitted permanent resident
       alien, refugee, asylum seeker, or parolee, or other alien who has been
       authorized by the Attorney General to work in the United States;
   •   Meet the low income requirements; and
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      •   Be in need of additional education and training.

   As described above, victims of severe forms of trafficking are treated as aliens who
   are admitted as refugees. In addition, individuals with T visas are considered to be
   authorized by the Attorney General to work in the United States.

6. Other Department of Labor (DOL) Activities. The DOL is engaged in combating
   trafficking and assisting its victims in several ways:

                      International Labor Affairs Bureau (ILAB)

   First, the Bureau of International Labor Affairs (ILAB) conducts research on child
   labor and trafficking issues, supports international technical cooperation initiatives
   to fight human trafficking, particularly the trafficking of children, and carries out
   DOL’s legislative mandates involving trafficking in persons. Between 1995 and
   2007, ILAB provided over $230 million to organizations around the world for
   technical cooperation to combat commercial sexual exploitation (CSE) and
   trafficking in persons for the purpose of labor and commercial sexual exploitation.
   Projects funded by DOL may address trafficking and/or CSE as a central focus of
   the project, as one component of the project, or through capacity building,
   awareness-raising and research. ILAB also produces an annual report that
   addresses the steps countries are taking to eliminate the worst forms of child labor,
   which includes child trafficking. The report is statutorily-required and is prepared
   as part of the process for determining countries’ eligibility for trade benefits with the
   United States. ILAB collects information from U.S. Embassies and other Federal
   agencies, foreign governments, and the public.

   ILAB also serves as a liaison between DOL and the Department of State’s Global
   Office to Monitor and Combat Trafficking in Persons (G/TIP), which coordinates
   anti-trafficking efforts government-wide. In this capacity, ILAB coordinates DOL’s
   internal Working Group on Trafficking in Persons and prepares materials for DOL’s
   participation in inter-agency anti-trafficking bodies, including the Senior Policy
   Operating Group (SPOG) and the President’s Inter-Agency Task Force on
   Trafficking in Persons (PITF).

                                 Women’s Bureau (WB)

   Second, the Women’s Bureau has prepared a publication, “Trafficking in Persons: A
   Guide for Non-governmental Organizations (NGOs),” which is intended to provide
   NGOs with information about Federal laws that prohibit trafficking in persons and
   the services victims may receive. A copy of this publication is attached. It is also
   available at the Women’s Bureau Web site at:
   http://www.dol.gov/wb/media/reports/trafficking.htm.




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                        Wage and Hour Division (WHD)

   Third, DOL’s Wage and Hour Division (WHD) continues to combat trafficking by
   increasing its emphasis on compliance with labor standards laws, such as the Fair
   Labor Standards Act, and Migrant and Seasonal Agriculture Worker Protection Act.
   WHD is “on the ground” in low wage industries like restaurants, garment
   manufacturing, and agriculture where forced labor is likely to be found. WHD civil
   law enforcement responsibilities relating to trafficking are carried out with the
   support of the Office of the Solicitor. WHD investigators interview workers and
   assess situations where workers may have been intimidated, threatened, or held
   against their will. WHD investigators also review payroll records, compute back
   wages, and inspect migrant farmworker housing. WHD also coordinates with other
   local law enforcement agencies to ensure restitution on behalf of victims of
   trafficking.

                          Office of Inspector General (OIG)

   Fourth, the DOL’s Office of Inspector General’s (OIG) Office of Labor Racketeering
   and Fraud Investigations (OLRFI) investigates allegations of fraud, waste, and abuse
   concerning DOL grants, contracts, programs and operations. These efforts include
   investigations of violations pertaining to the temporary and permanent foreign
   labor certification processes administered by ETA. OLRFI is committed to
   addressing labor related visa fraud that deprives honest immigrants of
   opportunities for advancement or that threatens the security, economy, and
   infrastructure of the United States.

   Information regarding potential violations of the temporary and permanent foreign
   labor certification processes or related crimes should be forwarded to the OIG
   Hotline at 1-877-DOL-SAFE or (1-877-365-7233), or to one of the numerous OLRFI
   offices. When filing an OIG Hotline complaint, it is not necessary to provide names
   or any other identifying information. Additional information about the OIG,
   including office locations and contact information is available at:
   http://www.oig.dol.gov/hotlinemain.htm. For information on ETA’s Foreign
   Labor Certification Program, please visit the following Web site at:
   http://www.foreignlaborcert.doleta.gov/

7. Action required. Provide this guidance to appropriate staff, especially intake
   workers and front-line staff within the One-Stop Career Centers. Promptly contact
   the Trafficking in Persons and Worker Exploitation complaint hotline (1-888-428-
   7581) at the U.S. Department of Justice should you encounter individuals who you
   believe may be victims of trafficking in persons. Call the National Human
   Trafficking Resource Center (NHTRC) at 1-888-3737-888 for training and technical
   assistance, or to consult about a possible human trafficking situation.

8. Inquiries. Questions should be addressed to the appropriate ETA Regional Office.
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9. Attachments.

  Human Trafficking Web site Resources




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Attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2008/TEGL19-01C1a1.pdf

ATTACHMENT
                    Human Trafficking Web Site Resources

A.   Victims of Trafficking and Violence Protection Act (Public Law 106-386):
     http://www.state.gov/documents/organization/10492.pdf

B.   Trafficking Victims Protection Reauthorization Act of 2003
     (Public Law 108-193): http://frwebgate.access.gpo.gov/cgi-
     bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ193.108.pdf

C.   Trafficking Victims Protection Reauthorization Act of 2005
     (Public Law 109-164): http://frwebgate.access.gpo.gov/cgi-
     bin/getdoc.cgi?dbname=109_cong_public_laws&docid=f:publ164.109.pdf

D.   U.S. Department of State: Victims of Trafficking and Violence Protection Act of
     2000: Trafficking in Persons Report 2007
     http://www.state.gov/g/tip/rls/tiprpt/2007/

E.   Department of Health and Human Services’ (HHS) Office of Refugee Resettlement
     State Letter #01-13: http://www.acf.hhs.gov/programs/orr/policy/sl01-13.htm

F.   HHS Office of Refugee Resettlement on Human Trafficking:
     http://www.acf.hhs.gov/trafficking/

G.   U.S. Department of Justice, Office of Victims of Crime:
     http://www.ojp.usdoj.gov/ovc/help/tip.htm

H.   U.S. Department of Justice, Civil Rights Division, Trafficking in Persons and
     Worker Exploitation Task Force Complaint Line:
     http://www.usdoj.gov/crt/crim/tpwetf.htm

I.   Legal Services Corporation offers legal services to victims of human trafficking:
     http://www.lri.lsc.gov/access/trafficking.asp

J.   Look Beneath the Surface Campaign Posters:
     http://www.acf.hhs.gov/trafficking/about/posters.html

K.   Sample Health and Human Services Certification Letter for Adult Trafficking
     Victims: http://www.acf.hhs.gov/trafficking/about/cert_victims.html

L.   Sample Health and Human Services Certification Letter for Children:
     http://www.acf.hhs.gov/trafficking/about/eligibility_child_victims.htm




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