United States Attorneys Offices FY 2016
THE REPORT LANGUAGE NEED:
The Committee directs the Executive Office of U.S. Attorneys, in consultation with the United States Attorneys, to designate a point of contact in each U.S. Attorney’s Office who shall serve as the coordinator for all activities within that office concerning human trafficking and forced labor matters covered by the Trafficking Victims Protection Act (TVPA). Designating a point of contact will improve communication and coordination within each jurisdiction, including victim service organizations, in order to better serve the victims of human trafficking and forced labor.
The Committee directs the Executive Office of U.S. Attorneys, in consultation with the Department of Homeland Security, to develop a process to enable survivors with T-visas to obtain an expedited letter of support from the Department of Justice when their criminal case is closed.
Points of Contact
Summary of Program
The U.S. Attorneys Offices (USAO) have worked in collaboration with HTSPU and DOJ’s Civil Rights Division to prosecute human trafficking cases, with the exception of “cases involving sex trafficking of minors,” which are instead prosecuted under the leadership of the Innocence Lost taskforces. As a result of this collaboration, the USAO, HTSPU, and DOJ’s Civil Rights Division have developed specialized expertise in this area of criminal law and prosecution.26
In the nine years after the TVPA was enacted, USAOs were responsible for the prosecution of 645 defendants, as opposed to the 95 defendants prosecuted in the nine years preceding the TVPA.27 USAOs are an integral component in combating human trafficking evidenced by the chart below.28
Figure 4: Trafficking Prosecutions by USAOs
DOJ Letter of Support
Summary of Program
Human trafficking survivors may apply for adjustment of immigration status under certain conditions, such as after complying with any reasonable request for assistance in the investigation or prosecution of the trafficking. A survivor, who has less than 3 years of continuous physical presence while in T-1 (T-visa) nonimmigrant status, must submit a document signed by the Attorney General or his designee, attesting that the investigation or prosecution is complete. 8 C.F.R. § 245.23(e)(2)(i)(B).
Need
Human trafficking and forced labor crimes are complex to prosecute because witnesses often need protection, victims have complex service needs, and federal and state trafficking laws are dynamic. In order to facilitate successful and robust prosecution of trafficking and forced labor, there needs to be an expert facilitating this complex caseload within each federal U.S. Attorney’s Office.
Human trafficking victims report a lack of transparency and widespread inconsistency in the process of obtaining a letter of support from the DOJ, pursuant to 8 C.F.R. § 245.23(e)(2)(i)(B), including waiting periods of more than a year to receive a requested “case closed” letter.
Solution
ATEST requests that the Subcommittee include report language that directs the creation of a point of contact (POC) in each U.S. Attorney’s Office (USAO) to serve as the coordinator of all human trafficking and forced labor matters within each USAO and to serve as a liaison with victim service organizations within each respective jurisdiction to improve coordination and communication in each.
ATEST also requests that the Executive Office of U.S. Attorneys, in consultation with the Department of Homeland Security, develop a process to enable survivors with T-visas to obtain an expedited letter of support from the Department of Justice when their criminal case is closed.
Proposed Report Language
Salaries and Expenses / United States Attorneys
The Committee directs the Executive Office of U.S. Attorneys, in consultation with the United States Attorneys, to designate a point of contact in each U.S. Attorney’s office who shall serve as the coordinator for all activities within that office concerning human trafficking and forced labor matters covered by the Trafficking Victims Protection Act (TVPA). Designating a point of contact will improve communication and coordination within each jurisdiction, including victim service organizations, in order to better serve the victims of human trafficking and forced labor.
The Committee directs the Executive Office of U.S. Attorneys, in consultation with the Department of Homeland Security, to develop a process to enable survivors with T-visas to obtain an expedited letter of support from the Department of Justice when their criminal case is closed.