BILL ANALYSIS                                                                                                                                                                                                    Ó






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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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