ACIN I-41-07: SB 1569 (Human Trafficking/Benefits) , Post-Implementation Questions And Answers (8/8/07)

A much needed follow up on ACL 06-60, with policy clarifications about the implementation of the provision of public assistance to victims of trafficking. Recognizing the sensitivity of the issue, there is an attached suggested screening tool, and a list of resources. Key issues covered:

  1. Proof of trafficking (not “other serious crime” which requires a U Visa Interim Relief) = sworn statement + one piece of evidence, unless not available and county documents applicant is credible);
  2. Victims are required to seek a SSN and work authorization so they can comply with welfare to work;
  3. Food Stamps has NO work requirements (ABAWD, work registration, etc.) for this population;
  4. Discussion of what employment/training services are appropriate and when, including when physical or psychological trauma are such that the person cannot comply, as well as all the standard Refugee Services and CalWORKs exemptions;
  5. If a person with a T-visa is approved for the federal refugee program, s/he gets an additional 8 months of refugees services. (The 8 month through the state-only trafficking program don’t count against the federal benefits.);
  6. As solely-state funded (non-MOE) folks, trafficking (T and U visas) people are NOT in the federal welfare to work count. (So, you have a handle if the county is trying to focus on federal, instead of state, activities.)

[Download]

ACL 05-08 – Expansion of Eligibility for Relatives of Victims of Trafficking (April 1, 2005)

The categories eligible under the Trafficking Victims Protection Act have been expanded. They now include the spouse, children, victim’s parents, and single minor siblings if the victim was under 21 at the time the T Visa application is filed. If the noncitizen trafficking victim is 21 years of age or older on the date the T Visa is filed, only the victim’s spouse and children will get derivative eligibility. Family members of trafficking victims get Derivative T Visas, and are also eligible for benefits and services to the same extent as refugees under MPP 63-405.112. [Download]