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in immigration and trafficking as soon as possible. LAWS AGAINST HUMAN TRAFFICKING 10“US Laws on Trafficking in Persons” 12 Florida Statute 787.0611 Florida created a section in the Florida Criminal Code that closely mirrors the TVPA in its definition and description of human trafficking offenses. Under section 787.06, engaging or benefitting from either sex or labor trafficking can be prosecuted as a second degree felony offense and as a RICO (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