BILL ANALYSIS Ó
AB 2027
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CONCURRENCE IN SENATE AMENDMENTS
AB
2027 (Quirk)
As Amended August 16, 2016
Majority vote
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|ASSEMBLY: |73-0 |(June 1, 2016) |SENATE: |38-0 |(August 18, |
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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
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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:
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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.
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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
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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
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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.
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"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