BILL ANALYSIS Ó
AB 2027
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ASSEMBLY THIRD READING
AB
2027 (Quirk)
As Amended March 31, 2016
Majority vote
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|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, | |
| | | | |
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| | | | |
| | |Roger Hernández, | |
| | |Holden, Quirk, | |
| | |Santiago, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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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.
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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;
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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
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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
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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
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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
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