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