Human Trafficking and Immigration

Is smuggling the same as trafficking?

No. Smuggling and trafficking are different, but they can overlap.

Smuggling is when someone helps another person cross a country border, like from Mexico to the United States. Sometimes, a person or family might agree to help with this or use a guide. Smuggling is voluntary, meaning people agree to participate in it. This may be to try and find safety, reunite with family, look for a better life, or escape danger. Smuggling involves crossing a border.

Trafficking is about exploitation. It happens when someone is forced, threatened, pressured, lied to, or taken advantage of. Trafficking does not always involve crossing a border

Does smuggling ever lead to a human trafficking situation?

Yes, sometimes smuggling can turn into a situation where you are forced, pressured, or lied to and can end up becoming human trafficking. For example, a person may agree to be helped across the border (smuggling) and later be forced to work or do sexual acts (trafficking).

People can be trafficked in their home country, on their way to the US, or after they arrive in the US.

What is labor exploitation?

Labor exploitation is when people are made to work in unfair or unsafe working conditions. This can include working very long hours, not being allowed to take breaks, not getting paid what you were promised, or working in unsafe places. In the United States, there are laws to protect workers. These laws help to make sure there are safe workplaces, fair pay, breaks, and that workers have protective gear to wear at work if they need it. Labor exploitation happens when workers are made to work under conditions that are worse than these laws allow.

If you have experiences, such as being forced to work in unsafe conditions, for long hours, had pay or documents taken from you, or been lied to about the kind or type of job that you would be doing, you can speak to an immigration attorney or other advocate to determine if what happened to you counts as trafficking.

If I was born outside of the U.S. and have experienced human trafficking, what could I qualify for that might help me stay in the U.S.?

The US government has laws and programs that may protect you from being deported, re-trafficked or returned to your country. You might qualify for Continued Presence, OTIP Certification Letter, T Visa, U Visa, or Special Immigrant Juvenile Status (SIJS). You can speak to an immigration attorney to learn about your options and determine the best choice for you.

What is a T Visa?

T visa is an immigration status they may be an option for someone who has experienced human trafficking. This is also called T-1 nonimmigrant status.

Do I have to cooperate with police to be able to get a T Visa?

Not always. Generally, to qualify for a T Visa, people have to cooperate with the police. However, there are exceptions. If you experienced trafficking when you were under 18 years old, you may still qualify for a T Visa even if you do not cooperate with the police. There is also an exception for if you are not able to cooperate due to physical or psychological trauma.

You don’t have to figure this out on your own. An attorney or other advocate can help you understand whether an exception applies to you and what makes the most sense for your situation.

If I apply for a T Visa, can my family come the U.S. too?

Possibly. If you apply for a T Visa, your parents, siblings (if they are under 21 and unmarried), and spouse (if you have one) may be able to benefit from your immigration status by getting a green card or work permit as well.
If you are afraid your trafficker will try to hurt your family members, you might be able to help those family members come to the U.S. too.
You can speak to an immigration attorney to learn about what options may apply to you and your family.

If I do not qualify for a T Visa, what else can I apply for?

There are many different ways to stabilize your immigration status. If you do not qualify for a T Visa, you may still be able to get an OTIP Certification Letter or Continued Presence.  There are also immigration options for children who have experienced abuse, neglect, or abandonment, or who are scared to return to their country of origin. There are special visas for students and other options as well.  An immigration attorney can talk to you about your specific situation, explain your options, and answer your questions. You can find an immigration attorney by clicking this link and searching by location: https://www.immigrationadvocates.org/legaldirectory/

What is an OTIP Certification?

OTIP stands for the Office of Trafficking in Persons. This is a part of the US government that looks into trafficking cases and helps survivors get important benefits. An OTIP Certification Letter is a document that can help show that trafficking may have occurred. It can be used to help people get benefits and protections.

In some cases, a person may get an OTIP certification when they have experienced trafficking but might not qualify for a T visa. In other situations, they might qualify for a T visa, and an OTIP certification can be a helpful first step. Having an OTIP certification letter can also help someone apply for Continued Presence or other immigration benefits that prevent deportation.

What benefits are available for children with an OTIP Certification letter?

Children with an OTIP Certification letter can receive benefits similar to the benefits refugees can receive. These benefits might include cash assistance, Medicaid, food stamps, and FAFSA.

How can I reach out for help or get more information?

If you are under 18: You or a trusted adult can email or call the OTIP Child Protection Team for help at childtrafficking@acf.hhs.gov or 202-205-4582.

If you are 18 or older: You can email or call OTIP at trafficking@acf.hhs.gov or 202-205-2321.

For anyone (children and adults): You or a trusted adult can email or call the National Human Trafficking Hotline at help@humantraffickinghotline.org or 1-888-373-7888.

What is Continued Presence?

Law enforcement can stop a human trafficking survivor from being deported by asking the government to do something that will let the survivor stay in the U.S. This is called Continued Presence. A survivor can ask for this help even if they don’t have a lawyer or a T visa petition.

What is SIJS?

Special Immigrant Juvenile Status (SIJS) is an immigration status for young people (under the age of 21) who have been abused, neglected, or abandoned by a parent or legal guardian. If you are in state custody in the foster care system or placed with a relative or nonrelative, or have been in the past, you may qualify for Special Immigrant Juvenile Status. See [link to SIJS page] for more information.

When can a T Visa applicant apply for adjustment of status to become a lawful permanent resident?

A T Visa applicant can apply to become a lawful permanent resident of the United States after three years of being in the U.S. with the T visa. If the investigation into their trafficking case is closed before three years is up, they can apply early if they get a letter from the Attorney General that says the investigation is complete.

FosterPower provides information on the benefits, protections, and legal rights of children in Florida’s foster care system and does not include opinions. FosterPower is a non-partisan and independent project that is not affiliated with a government agency or organization. FosterPower is updated frequently, but you should always verify the law independently to ensure it is current.