(A) What is
considered
the definition
of "
a severe
form
forms of
trafficking
in persons"?
Under section 103(8) of the
Trafficking Victims Protection Act of 2000 Public Law No. 106-386
As described in
22
U.S.C. 7102 (01/2021), the term "severe
forms of trafficking in persons" is defined as:
(1) Sex trafficking
: the recruitment, harboring, transportation, provision or
obtaining of a person for the purpose of a commercial sex act, in
which a commercial sex act induced by force, fraud or coercion, or in which the
person is
forced
induced to perform such an act is under the age of
eighteen years; or
(2) Labor
trafficking
:
in
which 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.
(B) Who may
be eligible for benefits as a result of being a victim of a severe form of
trafficking?
(1) Adult victims who have been
certified by the United States office of refugee resettlement
(ORR), within the department of health and human
services, are eligible for benefits and services to the same extent as an
alien who is admitted to the United States as a refugee under Section 207 of
the Immigration and Nationality Act of 1952.
(2) Victims who are under
the age
of eighteen
are also eligible for benefits to the same extent as refugees, but do not need
to be certified by the
office of refugee
resettlement
ORR; however, they do need a
letter of eligibility.
(3)
Certain family members of victims of a severe form
of trafficking may be eligible for benefits and services to the same extent as
refugees under the Trafficking Victims Protection Reauthorization Act of 2003,
Public Law No. 108-193. Victims of severe forms of trafficking as defined in
paragraph (A) of this rule are issued "T" visas by the United States
immigration and citizenship services. Certain eligible relatives of trafficking
victims are entitled to visas designated as
A
holder of a "T-2", "T-3", "T-4",
or
"T-5"
, or "T-6" visa (collectively referred to as
"Derivative T Visas")
and after the issuance of the
visas
is considered a family member of a victim
of a severe form of trafficking. These individuals are eligible for
supplemental nutrition assistance program (SNAP) benefits to the same extent as
direct victims of severe trafficking, provided that they meet the other
eligibility criteria for the program. County agencies shall follow the
procedures outlined in paragraphs (D) and (E) of this rule in determining
eligibility for these individuals. The eligible relatives of trafficking
victims includes:
(a) In the case of an alien
who is awarded a "T" visa and who is under twenty-one years of age on the date
the "T" visa application was filed, derivative "T" visas are available to the
alien's parents, spouse, children, unmarried siblings under eighteen years of
age on the date on which the alien's visa application was filed.
(b) In the case of an alien who is awarded a
"T" visa and was twenty-one years of age or older on the date the "T" visa
application was filed, the derivative "T" visas are available to the alien's
spouse and children.
(D) What are the procedures for determining
eligibility for victims of trafficking?
The county agency shall:
(1) Accept the
original certification
notarized letter
of
certification or
eligibility letter
of eligibility for children
as described in paragraph (C) of this rule and
retain a photocopy in the case file. Victims of severe forms of trafficking are
not required to provide any other immigration documents to receive
benefits.
(2) Call the
ORR trafficking victims verification toll-free
number, (866) 401-5510, to confirm the validity of the
notarized letter of certification
letter before providing benefits. During
the verification telephone call, the county agency shall notify
the office of refugee resettlement
ORR of the benefits for which the victim of
trafficking has applied.
(3)
Confirm identity. Benefits shall not be automatically denied
if
When the
individual is unable to provide verification of identity. The county agency
shall call the
ORR trafficking
victims verification
telephone
toll-free
number for assistance.
(4) Assist
in obtaining a social security number (SSN)
in
accordance with rule
5101:4-3-22
of the Administrative Code. The county agency shall not delay, deny, or
discontinue assistance to any eligible applicant because he or she does not
have a SSN.
if
When an individual is required to provide or apply for
a SSN for another benefit program, such as medicaid or Ohio works first, or the
victim of severe forms of trafficking does not yet have or is unable to obtain
a SSN for work purposes, assistance must be given to these individuals in
obtaining non-work SSN's as follows:
The individual must present a letter which
that:
(a) Is on county agency letterhead;
(b) Includes the applicant's name;
(c) States that the applicant meets the
requirements to receive the benefit except for the SSN; and
(d) Cannot be a generic application, form
letter, or photocopy.
(5) Note the "entry date" for refugee
benefits purposes in the case record of the statewide automated eligibility
system
. Once
once the
certification
notarized
letter
of certification for adults or
letter
of eligibility for children is received
and the validity of the document is verified
by
calling the trafficking verification telephone number, the county agency shall
note the individual's "entry date" for refugee benefit purposes. The
entry date is the date of certification
. The
certification date
and appears in the
body of the
certification
notarized letter
of
certification for adults or
letter of
eligibility
letter for children.
(6) Determine eligibility or redetermine
eligibility in accordance with division 5101:4 of the Administrative Code.
When an individual presents an expired certification
letter when applying for benefits or when a reapplication is being completed
and the county agency finds that a certification letter has expired, the county
agency shall call the office of refugee resettlement trafficking victims
verification toll-free number, (866) 401-5510, for
assistance.
(7) Issue
benefits.
if
When the applicant meets other program eligibility
criteria (e.g., income levels) in accordance with division 5101:4 of the
Administrative Code, the individual shall receive benefits and services to the
same extent as a refugee.
(E) How is an individual handled who does not
have a
certification
notarized letter
of
certification for an adult or a letter
of
eligibility for a child from
the office of
refugee resettlement
ORR?
When a county agency encounters an individual or a child that
is believed to meet the definition of a victim of a severe form of trafficking,
but the individual has no certification
notarized letter of
certification or letter of eligibility in
the case of a child, the county agency shall contact the office of refugee resettlement at (866)
401-5510
ORR for assistance.