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