BILL ANALYSIS Ó AB 2027 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2027 (Quirk) As Amended August 16, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |73-0 |(June 1, 2016) |SENATE: |38-0 |(August 18, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: PUB. S. 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. The Senate amendments delete a previously inserted Senate amendment. 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 AB 2027 Page 2 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 United States (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 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. AS PASSED BY THE ASSEMBLY, this bill: AB 2027 Page 3 1)Provided 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)Created a rebuttable presumption of cooperation if the victim has not refused or failed to provide information and assistance reasonably requested by law enforcement. 3)Required 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)Required 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)Stated 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)Limited 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)Prohibited 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. AB 2027 Page 4 8)Mandated 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)Defined a "certifying entity" as any of the following: a) A state or local law enforcement agency; b) A prosecutor; c) A judge; 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)Defined 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 AB 2027 Page 5 d) Any other certifying official defined under specified federal regulations. 11)Defined "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)Stated 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. FISCAL EFFECT: According to the Senate Appropriations Committee: 1)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 United States Immigration Services (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 AB 2027 Page 6 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. 2)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 law, local agency expenditures could qualify as a reimbursable state mandate (General Fund). 3)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). 4)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. 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. AB 2027 Page 7 "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." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0004419