1 / 15

William Wilberforce TVPRA

William Wilberforce TVPRA. Trafficking Victim’s Protection Reauthorization Act of 2008 Section 235 - Effective March 23, 2009 Naomi Jiyoung Bang, STCL Asylum/HT Clinic. TVPRA and UACs. Federal law preventing human trafficking

egan
Télécharger la présentation

William Wilberforce TVPRA

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. William Wilberforce TVPRA Trafficking Victim’s Protection Reauthorization Act of 2008 Section 235 - Effective March 23, 2009 Naomi Jiyoung Bang, STCL Asylum/HT Clinic

  2. TVPRA and UACs • Federal law preventing human trafficking • Section 235 (2008) – designed to protect children and return them • Substantive changes to immigration legal relief for UACs. • More child-sensitive procedures and protections for UACs in custody and detention. • (*Flores Agreement of 1997, DHS Security Act of 2002)

  3. Unaccompanied Alien Child (UAC) • NO lawful immigration status in US • UNDER 18 years of age • NO parent or legal guardian in the US or • NO parent or legal guardian in the US available to provide care

  4. Contiguous/Non-Contiguous? • Non-Contiguous countries (Honduras, El Salvador, Guatemala) (20% to 75+%) • Section 235 (b) • Contiguous countries: (Mexico and Canada) Section 235 (a) Within 48 hours, determine 1. victim of a severe form of trafficking 2. possible claim to asylum 3. independent decision to voluntarily return

  5. The Players • CBP - Customs and Border Protection apprehends, processes, and detains UACs at border. • ICE - Immigration and Customs Enforcement transports to HHS-ORR custody. • HHS - Department of Health and Human Services/Office of Refugee Resettlement - care/custody UACs screening, best interests • USCIS – US Citizenship and Immigration Services adjudicates UAC asylum applications. • EOIR-DOJ - Executive Office of Immigration Review does removal proceedings. Immigration courts.

  6. TVPRA and remedies • UAC ASYLUM – refugee/fear/persecution • T visa – visa for victims of severe trafficking • SIJS – special immigrant juveniles – abused, neglected or abandoned, reunification not viable with family

  7. Tvpra and legal benefits • Exempt from various filing deadlines and barriers (e.g. one-year filing deadline, safe third country limitation) • Allowed to proceed with Asylum Office (USCIS), and not the judge, EVEN if already in removal • Expanded various definitions under Special Immigrant Juvenile Status to allow more relief • Pardoned from disqualifying factors at green card level (waivers for ewi, fraud)

  8. Tvpra and procedural changes • Transfer to the care/custody of DHHS/ORR, 235(b) from DOJ/DHS • Voluntary departure at govt. expense, 235(a)(5)(D) • “… the Secretary of Health and Human Services is obliged to provide these children access to counsel, including pro bono counsel, to provide free legal services to these children. TVPRA § 235(a)(5)(E)(iii

  9. Ethics alert: Sympathetic Cases with Child Victims! • Asylum • Victims of persecution • Gang/family violence • SIJ (abused, abandoned, neglected) • T visa (trafficking victims)

  10. Client Benefits/Motives… • Legal immigration status • Employment authorization • Legal Reprieve – from pending deportation. • Benefits for derivatives • Parents, siblings

  11. Ethical Red Flags Client Backgrounds/Framework: Client’s misinformation Cultural differences re honesty Language barriers – no English Lawyer’s emotions will be tested: Young or NEW practitioners Consequences are high -- life or death

  12. ABA Rule 3.3 Candor towards Tribunal* • (a) A lawyer shall not knowingly: • (1) make a false statement of fact or law to a tribunal or fail to correct a false statement.. • … • (3) offer evidence that the lawyer knows to be false. • *USCIS government agency

  13. Honesty • ABA Rule 8.04(a)(3) – A lawyer shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation. • Good intentions are not a defense.

  14. Safeguards • Use good translators/assistants • Objective view of case/client • Corroborated documents • Police reports, hospital records • Review and review sworn affidavits • Work closely with Mentor/Clinic • WE WILL HELP YOU!

  15. Come one, come all! • August 29, 2014 8:30 to 12:30 (TBD) • Nuts and Bolts CLE • @ South Texas College of Law • 4 hours CLE credit • Email: nbang@stcl.edu

More Related