Current through all regulations passed and filed through December 16, 2024
(A) What is
the definition
of " severe
forms of
trafficking in persons"?
As described in
22
U.S.C. 7102 (01/2021), the term "severe
forms of trafficking in persons" is defined as:
(1) Sex trafficking in
which a commercial sex act induced by force, fraud or coercion, or in which the
person is induced to perform such an act is under the age of
eighteen years; or
(2) Labor
trafficking
in
which 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 may
be eligible for benefits as a result of being a victim of a severe form of
trafficking?
(1) Adult victims who have been
certified by the United States office of refugee resettlement
(ORR), within the department of health and human
services, are eligible for benefits and services to the same extent as an
alien who is admitted to the United States as a refugee under Section 207 of
the Immigration and Nationality Act of 1952.
(2) Victims who are under
the age of eighteen
are also eligible for benefits to the same extent as refugees, but do not need
to be certified by the ORR; however, they do need a
letter of eligibility.
(3)
A
holder of a "T-2", "T-3", "T-4",
"T-5", or "T-6" visa (collectively referred to as
"Derivative T Visas") is considered a family member of a victim
of a severe form of trafficking. These individuals are eligible for
supplemental nutrition assistance program (SNAP) benefits to the same extent as
direct victims of severe trafficking, provided that they meet the other
eligibility criteria for the program. County agencies shall follow the
procedures outlined in paragraphs (D) and (E) of this rule in determining
eligibility for these individuals. The eligible relatives of trafficking
victims includes:
(a) In the case of an alien
who is awarded a "T" visa and who is under twenty-one years of age on the date
the "T" visa application was filed, derivative "T" visas are available to the
alien's parents, spouse, children, unmarried siblings under eighteen years of
age on the date on which the alien's visa application was filed.
(b) In the case of an alien who is awarded a
"T" visa and was twenty-one years of age or older on the date the "T" visa
application was filed, the derivative "T" visas are available to the alien's
spouse and children.
(C)
Who determines if
an individual is a victim of a severe form of trafficking?
ORR 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 of
eligibility, similar to adult certification letters, stating that the child is
a victim of a severe form of trafficking.
(D) What are the procedures for determining
eligibility for victims of trafficking?
The county agency shall:
(1) Accept the
notarized letter of
certification or letter
of eligibility for children
as described in paragraph (C) of this rule and
retain a photocopy in the case file. Victims of severe forms of trafficking are
not required to provide any other immigration documents to receive
benefits.
(2) Call the
ORR trafficking victims verification toll-free
number, (866) 401-5510, to confirm the validity of the notarized letter of certification
before providing benefits. During
the verification telephone call, the county agency shall notify
ORR of the benefits for which the victim of
trafficking has applied.
(3)
Confirm identity. Benefits shall not be automatically denied
When the
individual is unable to provide verification of identity. The county agency
shall call the ORR trafficking
victims verification
toll-free
number for assistance.
(4) Assist
in obtaining a social security number (SSN) in
accordance with rule
5101:4-3-22 of the
Administrative Code. The county agency shall not delay, deny, or
discontinue assistance to any eligible applicant because he or she does not
have a SSN.
When an individual is required to provide or apply for
a SSN for another benefit program, such as medicaid or Ohio works first, or the
victim of severe forms of trafficking does not yet have or is unable to obtain
a SSN for work purposes, assistance must be given to these individuals in
obtaining non-work SSN's as follows:
The individual must present a letter that:
(a) Is on county agency letterhead;
(b) Includes the applicant's name;
(c) States that the applicant meets the
requirements to receive the benefit except for the SSN; and
(d) Cannot be a generic application, form
letter, or photocopy.
(5) Note the "entry date" for refugee
benefits purposes in the case record of the statewide automated eligibility
system
once the
notarized
letter of certification for adults or
letter of eligibility for children is received
and the validity of the document is verified . The
entry date is the date of certification
and appears in the
body of the
notarized letter of
certification for adults or letter of
eligibility for children.
(6) Determine eligibility or redetermine
eligibility in accordance with division 5101:4 of the Administrative Code.
(7) Issue
benefits.
When the applicant meets other program eligibility
criteria (e.g., income levels) in accordance with division 5101:4 of the
Administrative Code, the individual shall receive benefits and services to the
same extent as a refugee.
(E) How is an individual handled who does not
have a
notarized letter of
certification for an adult or a letter of
eligibility for a child from ORR?
When a county agency encounters 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
notarized letter of
certification or letter of eligibility in
the case of a child, the county agency shall contact ORR for assistance.