Immigration Relief for Victims of Human Trafficking and other Crimes by Kate Lloyd: Primary Sources

Privacy Rights Protected

David v. Signal Int'l, L.L.C., 735 F. Supp. 2d 440, 2010 U.S. Dist. LEXIS 88047 (E.D. La. 2010)

LEXIS HEADNOTES:

***8 U.S.C.S. § 1367 provides that the Attorney General, any official or employee of the Department of Justice, the Secretary of Homeland Security, the Secretary of State, or any employees or officials of those departments may not disclose any information relating to an alien who is the beneficiary of a T-or a U-visa. 8 U.S.C.S. § 1367(b)(3) provides that 8 U.S.C.S. § 1367 shall not be construed as preventing disclosure of information in connection with judicial review of a determination in a manner that protects the confidentiality of the information. 8 U.S.C.S. § 1367(b)(3).

***Credibility is always at issue. That, in and of itself, does not warrant an inquiry into the subject of current immigration status when such examination would impose an undue burden on private enforcement of employment discrimination laws, inter alia. 

Access to Federal Courts

Velez v. Sanchez, 693 F.3d 308, 2012 U.S. App. LEXIS 15805, 19 Wage & Hour Cas. 2d (BNA) 641 (2d Cir. N.Y. 2012)

LEXIS HEADNOTES:

***The United States Court of Appeals for the Second Circuit has construed the Alien Tort Statute (ATS), 28 U.S.C.S. § 1350, not as granting new rights to aliens, but simply as opening the federal courts for adjudication of the rights already recognized by international law. The Second Circuit has also recognized that because ATS jurisdiction depends on a violation of a law of nations, a more searching preliminary review of the merits is required than the review conducted for asserting jurisdiction under the arising under grant of federal jurisdiction under28 U.S.C.S. § 1331. Filartiga spawned an expansion in ATS litigation, and courts have differed in their conclusions as to whether the ATS merely granted jurisdiction or whether it also created private causes of action for international law violations. 

Motion to Reopen

 Valencia v. Holder, 657 F.3d 745, 2011 U.S. App. LEXIS 20395 (8th Cir. 2011)

LEXIS HEADNOTES:

***A motion to reopen must be filed within ninety days of the date an order of removal becomes administratively final. 8 U.S.C.S. § 1229a(c)(7)(C)(i); 8 C.F.R. § 1003.2(c)(2).  

***When ineffective assistance of counsel is the basis for a motion to reopen, Matter of Lozada sets forth the standard. Lozada requires that the motion include an affidavit detailing the agreement entered with former counsel, state that former counsel was informed of the allegations and given an opportunity to respond, indicate whether a complaint was filed with disciplinary authorities and give reasons if no complaint was filed, and demonstrate that counsel's performance prejudiced the outcome.  

***If a motion to reopen removal proceedings is filed after the ninety day deadline, equitable tolling may be invoked to excuse lateness. When the motion to reopen is based on ineffective assistance of counsel, however, equitable tolling is sparingly invoked. It is not available to those who sleep on their rights. The movant must not only show that she meets the Lozada requirements, but must also establish that she exercised due diligence. Tolling has been found inappropriate where the movant did not file the motion to reopen promptly after discovering former counsel's ineffectiveness.  

For Detailed Information see: FORMS

Click on the links below to see if an applicant may be eligible for a T visa or a U visa.

The Trafficking Victims Protection Act (TVPA) of 2000. 

This act was passed in 2000. Therfore, if a person was victimized prior to 2000, they may not be eligible for relief under this act. The Act was reauthorized in 2003, 2005, 2008 and 2013.

   DEFINITIONS

• 22 USC § 7102; 8 CFR § 214.11(a) - Sex trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for the purposes of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age.
• 22 USC § 7102 -  Labor trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery. 

   CRIMINAL ACTS COVERED UNDER THIS ACT

• 18 USC § 1584 - (a) Whoever knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held, shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both. (b) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be subject to the penalties described in subsection (a).

• 18 USC § 1351 - (a) Work Inside the United States.— Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of employment in the United States by means of materially false or fraudulent pretenses, representations or promises regarding that employment shall be fined under this title or imprisoned for not more than 5 years, or both. (b) Work Outside the United States.— Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of employment performed on a United States Government contract performed outside the United States, or on a United States military installation or mission outside the United States or other property or premises outside the United States owned or controlled by the United States Government, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment, shall be fined under this title or imprisoned for not more than 5 years, or both.

 AGE-OUT PROTECTION FOR DERIVATIVE U NONIMMIGRANT STATUS HOLDERS