Current through all regulations passed and filed through September 16, 2024
According to
22 U.S.C.
7105 (12/2018)
a
victim of a severe
form of
trafficking is eligible for benefits and services
to the same extent as an alien who is admitted to the United States as a
refugee under
8
U.S.C. 1612 (9/2008)
.
(A) What is the
definition of a "severe
form of
trafficking in persons?"
As described in
22
U.S.C. 7102 (10/2018)
, the term "severe
form of
trafficking in persons" means:
(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 act has not attained
eighteen years of age; or
(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.
(B) Who
determines if an individual is a victim of a
severe
form of trafficking?
The office of refugee resettlement (ORR) within the department of
health and human services will make certification determinations for victims of
a severe
form of
trafficking.
(1) For adults, ORR will
issue notarized letters of certification for an
adult victim of a severe
form of
trafficking.
(2) For children, ORR
will issue notarized letters, similar to adult certification letters, stating
that the child is a victim of a severe form of trafficking.
(C) What are the county agency
responsibilities in determining eligibility
for a
victim of a severe
form of
trafficking?
(1) The county agency shall:
(a) Accept the letters described in paragraph
(B) of this rule in place of the citizenship and immigration service
documentation and retain a copy in the case file.
(b) Call ORR for assistance if an individual
presents an expired letter when applying for benefits or when a redetermination
is being completed and the county agency finds that a certification letter has
expired.
(c) Call the trafficking
verification telephone line to confirm the validity of the certification letter
before providing benefits. During the verification telephone call, notify ORR
of the benefits for which the victim of trafficking has applied.
(d) Note the individual's entry date for
refugee benefit purposes once the letter described in paragraph (B) of this
rule is received and the validity of the document is verified by calling the
trafficking verification telephone line. The entry date is the date of
certification.
(e) Determine
eligibility or redetermine eligibility in accordance with the appropriate
program rules.
(f) Issue benefits
and services to the same extent as a refugee,
when the applicant
meets other program eligibility criteria (e.g., income levels).
(2) The county agency shall not:
(a) Require a
victim of a severe
form of
trafficking to provide any other immigration documents to receive
benefits.
(b) Contact the
systematic alien verification for entitlements (SAVE) to confirm
eligibility for benefits. The SAVE system does not
contain information about a
victim of a severe form
of trafficking.
(c) Automatically
deny benefits
when the individual is unable to provide verification
of identity. The county agency shall call the trafficking verification
telephone line for assistance.
(d)
Delay, deny, or discontinue assistance to any eligible applicant because he or
she does not have a social security number.
When an individual
is required to provide or apply for a social security number for another
benefit program, such as medicaid, Ohio works first, or
supplemental nutrition assistance program; or the
victim of a severe
form of
trafficking does not yet have or is unable to obtain a social security number
for work purposes, the individual shall:
(i)
Complete the SS-5, "Social Security Administration Application for a Social
Security Card" form;
(ii) Provide
all department of homeland security documents;
(iii) Provide a passport; and
(iv) Provide a state identification card or
driver's license.
(D) What if an
individual does not have certification from ORR?
The county agency shall contact ORR
when it
encounters:
(1) An individual or a
child that is believed to meet the definition of a victim of a severe form of
trafficking, but the individual has no certification; or
(2) A child believed to have been subjected
to a severe form of trafficking who lacks an eligibility letter.
