BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2027|
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THIRD READING
Bill No: AB 2027
Author: Quirk (D)
Amended: 8/16/16 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 6/28/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning
NO VOTE RECORDED: Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 73-0, 6/1/16 - See last page for vote
SUBJECT: Victims of crime: nonimmigrant status
SOURCE: Author
DIGEST: This bill requires, upon the request of an immigrant
victim of human trafficking, a certifying agency to confirm
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.
ANALYSIS:
Existing federal law allows an immigrant to receive a T-visa if
the Secretary of Homeland Security determines the following:
1)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;
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2)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;
3)Has complied with any reasonable request from a law
enforcement agency for assistance in the investigation or
prosecution of human trafficking; and,
4)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.
(Penal 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. (Penal
Code, § 679.10, subd. (f).)
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. (Penal Code, § 679.10, subd. (h).)
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
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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.
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; or
e) State or local government agencies that have criminal,
civil, or administrative investigative or prosecutorial
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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.
Background
The U and T Visa Law Enforcement Resource Guide from the
Department of Homeland Security explains some of the important
background and history of T-Visas:
The Victims of Trafficking and Violence Prevention Act (VTVPA)
of 2000 was enacted to strengthen the ability of 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
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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.
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
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
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.
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
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T-visa application.
AB 2027 requires that an official from a state or local entity
certify "victim cooperation" on the Form I-914 Supplement B,
when the requester was a victim of criminal activity and has
been cooperative, is being cooperative, or is likely to be
cooperative regarding the investigation or prosecution of that
qualifying criminal activity.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
TCVAP benefits: Potentially significant future increase in
annual state costs (General Fund) for the Trafficking and
Crime Victims Assistance Program (TCVAP), which provides
state-funded benefits (including cash assistance, services,
child care, and food benefits), to the extent a greater number
of victims are able to file formal T Visa applications.
Applicants are eligible for TCVAP when a T Visa application
has been, or is preparing to be, filed with USCIS and
eligibility continues until and unless a recipient's
application for a T Visa has been finally administratively
denied, the recipient has not applied for a T Visa within one
year of applying for state benefits, or the victim becomes
federally eligible. For every 25 to 50 new cases, annual costs
could range from $0.3 million to $0.6 million (General Fund)
for grants, services, and administration. Additionally, to the
extent existing TCVAP cases remain eligible for program
benefits for a longer period of time due to this measure,
annual costs would increase cumulatively each year.
Form I-914 declaration process: Potential costs to state and
local agencies defined as certifying entities to implement the
expedited process, including completing, signing, and
processing Forms I-914B within specified timelines. To the
extent the new requirements are determined to place a higher
level of service on local agencies than required under federal
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law, local agency expenditures could qualify as a reimbursable
state mandate (General Fund).
Annual report: Likely minor costs to state and local agencies
acting as certifying entities to compile and submit the annual
report to the Legislature. To the extent local agency
expenditures qualify as a reimbursable state mandate, agencies
could only claim reimbursement of costs incurred if $1,000 or
more (General Fund).
State agency certifying entities: Minor ongoing impact to the
Department of Industrial Relations and the Department of
Justice, as these agencies are already conducting this process
for U Visa applicants. The CDCR is projected to incur minor,
if any, costs should they be required to act as a certifying
entity.
SUPPORT: (Verified8/12/16)
American Civil Liberties Union of California
California Police Chiefs Association Inc.
Peace Officers Research Association of California
OPPOSITION: (Verified8/12/16)
California State Sheriffs' Association
ARGUMENTS IN SUPPORT: The American Civil Liberties Union states
in part:
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
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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.
ARGUMENTS IN OPPOSITION:The California State Sheriffs'
Association states in part:
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. This
determination should be the sole province of the law
enforcement entity being asked to sign the certification
at issue here and only with regard to the nature of the
victim's cooperation.
ASSEMBLY FLOOR: 73-0, 6/1/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Beth Gaines,
Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,
Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández,
Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine,
Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty,
Medina, Mullin, Nazarian, O'Donnell, Olsen, Quirk,
Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,
Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood,
Rendon
NO VOTE RECORDED: Dahle, Gallagher, Harper, Melendez,
Obernolte, Patterson, Steinorth
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Prepared by:Molly Lao / PUB. S. /
8/16/16 17:33:33
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