BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2027


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          Date of Hearing:  March 29, 2016
          Counsel:               Sandra Uribe


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          AB  
                     2027 (Quirk) - As Introduced  February 16, 2016


                       As Proposed to be Amended in Committee 


          SUMMARY:  Requires, upon the request of an immigrant victim of  
          human trafficking, a certifying agency to certify victim  
          cooperation on the applicable form so that the victim may apply  
          for a T-Visa to temporarily live and work in the United States.   
          Specifically, this bill:  

          1)Provides that upon a victim or victim's family member's  
            request, a certifying official from a certifying entity shall  
            certify victim cooperation on the Form I-914 Supplement B  
            declaration, when the victim was a victim of human trafficking  
            and has been cooperative, is being cooperative, or is likely  
            to be cooperative with the investigation or prosecution of  
            that crime.

          2)Creates a rebuttable presumption of cooperation if the victim  
            has not refused or failed to provide information and  
            assistance reasonably requested by law enforcement.

          3)Requires the certifying official to fully complete and sign  
            the Form I-914 Supplemental B declaration, and regarding  
            cooperation, include specific details about the nature of the  
            crime investigated or prosecuted, and a detailed description  








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            of such cooperation, or likely cooperation.

          4)Requires the certifying agency to process the declaration  
            within 90 days, unless the person is in removal proceedings,  
            in which case it must be processed within 14 days of request.

          5)States that a current investigation, filed charges, or a  
            prosecution, or conviction are not required for the victim to  
            request and obtain the Form I-914 Supplemental B declaration.   


          6)Limits the ability of a certifying official to withdraw the  
            certification to instances where the victim refuses to provide  
            information and assistance when reasonably requested.

          7)Prohibits a certifying entity from disclosing the immigrant  
            status of a victim or person requesting the Form I-914  
            Supplemental B declaration, except to comply with federal law  
            or legal process, or upon authorization of the person  
            requesting the declaration.

          8)Mandates a certifying agency that receives a request for a  
            Form I-914 Supplemental B declaration to report to the  
            Legislature beginning January 1, 2018, and annually  
            thereafter, the following information:

             a)   The number of victims that requested the declarations;

             b)   The number of declarations that were signed; and,

             c)   The number of denials.

          9)Defines a "certifying entity" as any of the following:

             a)   A state or local law enforcement agency;

             b)   A prosecutor;

             c)    A judge;

             d)   The State Department of Labor; and,









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             e)   State or local government agencies that have criminal,  
               civil, or administrative investigative or prosecutorial  
               authority relating to human trafficking.

          10)Defines a "certifying official" as any of the following:

             a)   The head of the certifying entity;

             b)   A person in a supervisory role who has been specifically  
               designated by the head of the certifying entity to issue  
               Form I-914 Supplement B declarations on behalf of that  
               agency;

             c)   A judge; or 

             d)   Any other certifying official defined under specified  
               federal regulations.

          11)Defines "human trafficking" as "severe forms of trafficking  
            in persons" pursuant to specified federal law and which  
            includes either of the following:

             a)   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 18 years of  
               age; and,

             b)   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.

          12)States that "human trafficking" also includes criminal  
            offenses for which the nature and elements of the crime are  
            substantially similar to the criminal activity described  
            above, as well as an attempt, conspiracy, or solicitation to  
            commit those offenses. 

          EXISTING FEDERAL LAW:  

          1)Allows an immigrant to receive a T-visa if the Secretary of  








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            Homeland Security determines the following:

             a)   Is or was a victim of a severe form of trafficking in  
               persons (which may include sex or labor trafficking), as  
               defined by federal law;

             b)   Is in the United States, American Samoa, the  
               Commonwealth of the Northern Mariana Islands or at a U.S.  
               port of entry due to trafficking;



             c)   Has complied with any reasonable request from a law  
               enforcement agency for assistance in the investigation or  
               prosecution of human trafficking; and,



             d)   Would suffer extreme hardship involving unusual and  
               severe harm if removed from the United States.  (8 U.S.C. §  
               1101  (a)(15)(T).)





          EXISTING STATE  
          LAW:  



          1)Requires certifying agencies, upon the request of an immigrant  
            victim of crime, to certify victim helpfulness on the  
            applicable form so that he or she may apply for a U-visa.   
            (Pen. Code, § 679.10, subd. (e).)

          2)Creates a rebuttable presumption that an immigrant victim is  
            helpful, has been helpful, or is likely to be helpful, if the  
            victim has not refused or failed to provide information and  
            assistance reasonably requested by law enforcement.  (Pen.  
            Code, § 679.10, subd. (f).)









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          3)Mandates certifying entities to complete the certification  
            within 90 days of the request, except in cases where the  
            applicant is in immigration removal proceedings, in which case  
            the certification must be completed within 14 days of the  
            request.  (Pen. Code, § 679.10, subd. (h).)



          FISCAL EFFECT:  Unknown

          COMMENTS:  
          
          1)Author's Statement:  According to the author, "Human  
            trafficking is a form of modern-day slavery in which  
            traffickers typically lure individuals with false promises of  
            employment and a better life.  Victims of severe forms of  
            human trafficking are provided relief under U.S. immigration  
            law by the Victims of Trafficking in Persons nonimmigrant  
            visa, also known as 'T-visa.' This status allows victims of  
            human trafficking to remain in the United States to assist in  
            investigations or prosecutions of human trafficking violators.

          "The United States government estimates that each year up to  
            50,000 people are trafficked illegally into the United States  
            against their will, mostly women and children who are brought  
            as sex slaves.

          "The T-Visa provides trafficking victims from foreign countries  
            temporary legal status, with an opportunity to apply for  
            permanent residency and access to federal benefits if they  
            cooperate with law enforcement in the investigations of their  
            traffickers. 

          "By stabilizing their status in the United States, immigration  
            relief can be critical to providing victims of crime a greater  
            sense of security that also make it easier for them to assist  
            with law enforcement and prosecutorial efforts."

          2)T Visas:  "The Victims of Trafficking and Violence Prevention  
            Act (VTVPA) of 2000 was enacted to strengthen the ability of  








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            law enforcement agencies to investigate and prosecute serious  
            crimes and trafficking in persons, while offering protections  
            to victims of such crimes without the immediate risk of being  
            removed from the country.  Congress, in the VTVPA, created the  
            T nonimmigrant status ("T visa") program out of recognition  
            that human trafficking victims without legal status may  
            otherwise be reluctant to help in the investigation or  
            prosecution of this type of criminal activity.  Human  
            trafficking, also known as trafficking in persons, is a form  
            of modern-day slavery, in which traffickers lure individuals  
            with false promises of employment and a better life.   
            Immigrants can be particularly vulnerable to human trafficking  
            due to a variety of factors, including but not limited to:  
            language barriers, separation from family and friends, lack of  
            understanding of U.S. laws, fear of deportation, and cultural  
            differences.  Accordingly, under this law, Congress sought not  
            only to prosecute perpetrators of crimes committed against  
            immigrants, but also to strengthen relations between law  
            enforcement and immigrant communities."  (See U and T Visa Law  
            Enforcement Resource Guide, Department of Homeland Security,  
            p. 9, <  
             https://www.dhs.gov/sites/default/files/publications/PM_15-4344 
            %20U%20and%20T%20Visa%20Law%20Enforcement%20Resource%20Guide%20 
            11.pdf  >.)

          "The T visa allows eligible victims to temporarily remain and  
            work in the U.S., generally for four years.  While in T  
            nonimmigrant status, the victim has an ongoing duty to  
            cooperate with law enforcement's reasonable requests for  
            assistance in the investigation or prosecution of human  
            trafficking.  If certain conditions are met, an individual  
            with T nonimmigrant status may apply for adjustment to lawful  
            permanent resident status (i.e., apply for a green card in the  
            United States) after three years in the United States or upon  
            completion of the investigation or prosecution, whichever  
            occurs earlier."  (Id. at pp. 9-10.)  

            To be eligible for a T-Visa, the immigrant victim must meet  
            four statutory requirements:  (1) he or she is or was a victim  
            of a severe form or trafficking in person, as defined by  
            federal law; (2) is in the United States or at a port of entry  
            due to trafficking; (3) has complied with any reasonable  








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            request from law enforcement for assistance in the  
            investigation or prosecution of the crime; and (4) would  
            suffer extreme hardship if removed from the United States.   
            (Id. at p. 9.)  

            The T-visa declaration at issue in this bill is supplementary  
            evidence of a victim's assistance to law enforcement.   
            Although the declaration is not required for the application  
            (contrast U-visa where a certification of cooperation is  
            required), the U.S. Citizenship and Immigration Services gives  
            significant weight to the declaration when considering the  
            T-visa application.  (Id. at pp. 10-11.)

          3)Argument in Support:  According to the American Civil  
            Liberties Union, "AB 2027 complements existing law by:  
            requiring, upon request, that an official from a state or  
            local entity certify 'victim cooperation' on the supplemental  
            form when specified criteria are satisfied; establishing a  
            rebuttable presumption of survivor cooperation; requiring the  
            certifying entity to process the supplemental form within 90  
            days of the request and requiring the certifying entity to  
            report annually to the Legislature the number of survivors  
            requesting certification and the number of supplemental forms  
            that were signed and denied.

          "AB 2027 advances the goals of the federal T visa program by  
            streamlining the existing visa process for a vulnerable  
            population that has been the victim of atrocious crimes, while  
            increasing public safety at the local level by ensuring that  
            law enforcement agencies can investigate and prosecute human  
            traffickers."

          4)Argument in Opposition:  According to the California State  
            Sheriffs' Association, "Victim cooperation can be extremely  
            valuable when investigating criminal matters.  That being  
            said, AB 2027 contains a rebuttable presumption that  
            effectively states that a victim is being cooperative or is  
            likely to be cooperative unless and until he or she is not  
            cooperative, limiting law enforcement discretion."  
          
          5)Related Legislation:  SB 1242 (Lara) authorizes a court to  
            reduce a county jail term to alleviate immigration  








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            consequences if specified conditions are established.  SB 1242  
            is pending in the Senate Public Safety Committee.

          6)Prior Legislation:  SB 674 (De León), Chapter 721, Statutes of  
            2015, provides that upon request of a victim or victim's  
            family member, a certifying official from a certifying entity  
            shall certify victim helpfulness on the applicable U-Visa  
            certification form when the victim was a victim of qualifying  
            criminal activity and has been helpful, is being helpful, or  
            is likely to be helpful to the detection, investigation, or  
            prosecution of that criminal activity.

          REGISTERED SUPPORT / OPPOSITION:
          
          Support

          American Civil Liberties Union
          California Police Chiefs Association

          Opposition
          
          California State Sheriffs' Association  

          Analysis Prepared  
          by:              Sandy Uribe / PUB. S. / (916) 319-3744