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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

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William Wilberforce TVPRA

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  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

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