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(Racketeer Influenced and Corrupt Organizations) offense, which allows for enhanced criminal penalties. The law also mandates that all law enforcement officers receive training on human trafficking prevention and investigation and that state attorneys receive training on investigating and prosecuting human trafficking cases. Florida Statute 796.0912 Additionally, Florida law provides a civil cause of action for damages for people who have been coerced into prostitution or sex work. The definition of coercion in the statute is broad and includes physical violence, promise of marriage, exploitation of pornographic performance, and exploitation of human needs, including affection. Almost all victims of sex trafficking qualify. This statute allows for victims to seek compensatory and punitive damages against the trafficker in civil court. Other Legal Remedies The following federal and state laws may provide other forms of criminal or civil relief to victims: Alien Tort Claims Act Torture Victims Protection Act Fair Labor Standards Act or state labor laws Human smuggling Kidnapping Organized crime and racketeering Fraud and false statements, including visa fraud, money laundering, and fraud in foreign labor contracting State contractual remedies Equitable claims/remedies Immigration Relief is a complex area of federal and state law and victims should receive advice only from immigration attorneys. 11“Florida Statute 787.06” 12“Florida Statute 796.09” 12 13 IMMIGRATION RELIEF Without legal immigration status, victims of trafficking may be wary of law enforcement and of any agency that is perceived to coordinate with government, particularly when traffickers use a victim’s immigration status as a tool for exploitation and control. However, there are several legal strategies to help victims obtain authorization to live and work in the US. Available immigration relief includes: Continued Presence13: Continued Presence provides temporary permission to remain in the US to individuals identified by law enforcement as potential victims of human trafficking during an investigation. It is granted at the request of law enforcement for one year, which may be renewed. T- Visa14: The T Visa is available to a victim of a severe form of trafficking who, among other things, complies with “reasonable requests” from law enforcement. It allows victims to apply for legal permanent residency once the investigation or prosecution is completed or three years in T Visa status, which ever period is shorter. Victims under the age of 18 and those with physical or psychological trauma do not have to cooperate in prosecution in order to be eligible. U-Visa15: The U-Visa is available to victims of certain violent crimes, such as domestic/sexual violence and stalking, who have suffered serious and substantial abuse, and who are helpful, have been helpful, or will be helpful in the investigation and/or prosecution of the crimes committed against them. Without a signed certification from an eligible certifying government agency, a victim will not be able to access U-Visa relief. Like the T-Visa, the U-Visa is valid for four years, with some extensions available. Other remedies: Other legal remedies, including Asylum, Special Immigrant Juvenile Status, S Visa, Temporary Protected Status, and Violence Against Women Act (VAWA) Self-Petition may be available under immigration law. Once obtained, these remedies can grant the victim authorization to live and work in the US. CERTIFICATION Certification is the term used to describe the process that the Department of Health and Human Services (HHS) uses when officially stating that a foreign born individual is a victim of a severe form of trafficking. To become certified, an adult has to be willing to assist “in every reasonable way” in the investigation and prosecution of the traffickers.16 HHS requires a statement from law enforcement that says the adult victim is cooperating in the investigation. A statement from law enforcement is not necessary to deem a minor victim of trafficking eligible for benefits. Obtaining certification for a victim is a complex process best handled by an experienced immigration attorney. However, a lack of certification should not alter the services offered by certified domestic violence centers. The HHS Certification Letter opens the door to a wide range of public assistance options for non-US citizens and should be discussed with an immigration attorney. Victims who receive Continued Presence, T-Visas, or U-Visas are able to bring certain family members to join them in the US, depending on the age of the victim. 13“Continued Presence” 14“Victims of Human Trafficking: T Nonimmigrant Status” 15“Victims of Criminal Activity: U Nonimmigrant Status” 16: “The victim is at the center of any response to human trafficking. Creating conditions of trust and respect will help victims reclaim their lives and move toward self-sufficiency and independence. All victims deserve to feel safe and supported, and when quality care, compassionate responses, and essential services are provided, not only will they recover from their victimization, but they are usually more capable and willing to present strong evidence and testimony in the prosecution of perpetrators, thereby helping to accomplish important justice and restitution goals.”17 ADDRESSING THE NEEDS OF VICTIMS OF TRAFFICKING The purpose of an advocate asking about human trafficking is to provide information, support, and resources related to the victim’s rights, benefits, and possible relief. In many ways, certified domestic violence center advocates are prepared to work with victims of trafficking. Advocates are accustomed to navigating various systems and recognize that survivors’ experiences with violence are complex, often requiring many types of assistance. Moreover, advocates understand the importance of confidentiality, have experience creating safety plans, and can respond to immediate crises within an empowerment-based philosophy. IDENTIFYING TRAFFICKING IN DOMESTIC VIOLENCE SITUATIONS Trafficking largely goes unseen and many victims do not self-identify as being trafficked. It is more likely that an individual will seek services or support for a different reason, such as violence within the home. Certified domestic violence center advocates should be aware that domestic violence survivors may also be victims of trafficking. By appropriately identifying that someone is a victim of trafficking, advocates can better identify and address that survivor’s specific needs and provide options for assistance and benefits. In order to screen for trafficking, advocates must first establish a trusting relationship, address confidentiality, and explain their role in providing assistance prior to asking questions. Advocates should ask about trafficking if their “radar” or intuition says the person may be a victim of trafficking. Screening tools assist advocates working with potential victims of trafficking. Questions should be asked with empathy and a trauma-informed approach. A comprehensive list of screening questions can be found in part three of this manual. 17“Victim Service Providers” 16 17 ADVOCACY Similar to the approach used with domestic violence survivors, advocates working with victims of human trafficking should use a survivor-focused, trauma-informed, and empowerment-based approach to understanding the needs of a victim of trafficking. When advocating for victims of trafficking, advocates should: Partner with the victim to address societal and institutional barriers that hinder the victim’s ability to make progress and seek solutions to the barriers encountered Be straightforward and honest about your understanding of the system and any limitations that may exist Talk about any risks, concerns, and fears related to accessing the criminal or civil justice systems Affirm the victim’s right of self-determination Avoid imposing your own personal values or ideas on the victim Coordinate with other agencies at the request of the victim Provide supportive counseling and crisis intervention Educate victims about their rights SHELTER Emergency shelter for victims of trafficking requires specific considerations. Victims of trafficking may require shelter longer than a survivor of domestic violence and may need increased protection. Victims cooperating with law enforcement in the prosecution of the traffickers must have stable, safe housing throughout the investigation and prosecution of the criminal case, which may take several years to complete. Some trafficked persons may prefer living with other victims of trafficking, sometimes from the same case, because of their shared experiences. They may have a difficult time assimilating with others who do not share their cultural or linguistic background. Victims of trafficking