BILL ANALYSIS Ó AB 2027 Page 1 ASSEMBLY THIRD READING AB 2027 (Quirk) As Amended March 31, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |6-0 |Jones-Sawyer, Lackey, | | | | |Lopez, Low, Quirk, | | | | |Santiago | | | | | | | |----------------+-----+----------------------+--------------------| |Judiciary |9-0 |Mark Stone, Wagner, | | | | |Alejo, Chau, Chiu, | | | | |Cristina Garcia, | | | | |Holden, Maienschein, | | | | |Ting | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |17-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | | | | | | | | | | | |Eduardo Garcia, | | | | | | | AB 2027 Page 2 | | | | | | | |Roger Hernández, | | | | |Holden, Quirk, | | | | |Santiago, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ 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 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. AB 2027 Page 3 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; AB 2027 Page 4 d) The Department of Industrial Relations; and, 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 AB 2027 Page 5 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 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. EXISTING STATE LAW: 1)Requires certifying agencies, upon the request of an immigrant AB 2027 Page 6 victim of crime, to certify victim helpfulness on the applicable form so that he or she may apply for a U-visa. 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. 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. FISCAL EFFECT: According to the Assembly Appropriations Committee, potential moderate local reimbursable state mandated costs in excess of $300,000 General Fund(GF) by establishing a time-frame for certifying entities to process Form I-914 Supplement B requests, and for local certifying entities to report annually to the Legislature. During a six-year period, annual certifications provided by the cities of Los Angeles and Oakland were 764 and 500, respectively. If the cost to provide the certification were $25, the reimbursable mandate to these two cities would be $31,600. There are 58 counties and 482 cities and each of them has at least one "agency" that qualifies as a certifying agency. It is reasonable to assume that the number of certifications statewide would be at least ten times those of the cities of Los Angeles and Oakland combined. The reimbursable costs for reporting will be minor. Mandating compliance with federal law is not a reimbursable mandate. However, federal law does not impose a timeframe, nor AB 2027 Page 7 does it require an annual report. COMMENTS: 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." Analysis Prepared by: Sandy Uribe/ PUB. S. / (916) 319-3744 FN: 0003130 AB 2027 Page 8