Human Trafficking, Deferred Action, U Visas, & T Visas

Human Trafficking

What is human trafficking? Human trafficking is the exploitation of human beings through force, fraud, or coercion for the purposes of commercial sex or forced labor. Human trafficking does not necessarily involve smuggling or moving victims from outside of the country or state, or from one place to another. It means using force, fraud, duress, coercion, or equivalent conduct to obtain labor or services. This can occur in private homes, agricultural fields, factories, restaurants, brothels, strip clubs, or any other industry or place. It can occur in rural and urban areas, and victims can be anyone: men, women, adults, children, people with little or no education or with advanced degrees, undocumented migrants, U.S. citizens, or documented immigrants. A person under age 18 who performs a commercial sex act is considered a victim of human trafficking regardless of whether force, fraud, or coercion was present. Legal definitions of Human trafficking – External Site

What remedies are available to survivors of human trafficking? Human trafficking is a crime. In addition, survivors of human trafficking may be able to obtain civil remedies, such as:

• Actual Damages (economic damages, including lost wages, cost of medical treatments, etc.)
• Compensatory Damages (payment for emotional suffering and distress)
• Punitive Damages
• Injunctive Relief (includes restraining orders)
• Treble Damages or Civil Penalty: the person filing the complaint may be awarded three times the amount of actual damages, or $10,000, whichever is greater
• Attorney’s Fees

Can I file a complaint with CRD for human trafficking? Yes. A survivor of human trafficking may file a civil complaint with CRD to investigate.

How else can I get support for human trafficking? If you or someone you know is in immediate danger, please call 911. You may also call a 24-hour, toll-free hotline to access help and services or to report a suspected situation of human trafficking:

• National Human Trafficking Resource Center: call 1-888-373-7888 or TEXT: Be Free or 233733
• California Coalition to Abolish Slavery and Trafficking (CAST): call 1-888-KEY-2FRE(EDOM) or 1-888-539-2373

What kind of training is required for employees of motels and hotels? SB 970 (external site) requires that, by January 1, 2020, hotel and motel employers provide at least 20 minutes of classroom or other effective interactive training and education regarding human trafficking awareness to each employee who is likely to interact or come into contact with victims of human trafficking and who is employed as of July 1, 2019. Employers must also provide such training to new employees likely to interact or come into contact with victims of human trafficking within six months of their employment in that role. An employer who has provided this training and education to an employee on or before January 1, 2019, is not required to provide additional training.

How do I learn more about human trafficking? To learn more about human trafficking:

• State of California Attorney General website
• United States Department of Justice Human Trafficking Prosecution Unit website

Deferred Action

About CRD: The California Civil Rights Department (CRD) enforces the state’s laws that prohibit discrimination and harassment in employment, housing, business, and state-funded programs, as well as hate violence and human trafficking. CRD’s role as a civil law enforcement agency is to investigate complaints and bring enforcement actions alleging violations of those laws.

CRD is dedicated to protecting the rights of complainants, regardless of their immigration status. CRD does not ask about an individual’s immigration status while investigating complaints. For more information about the rights of immigrants under California’s civil rights laws, visit: https://calcivilrights.ca.gov/Posters/

CRD and deferred action: Certain immigrant workers who are victims of, or witnesses to, labor rights violations may be afraid to complain or cooperate in a CRD investigation or enforcement action because they fear removal/deportation or reports of immigration status. However, a process called “deferred action” administered by the U.S. Department of Homeland Security (DHS) may be available to immigrant workers who wish to report violations of employment or labor laws. As described below, deferred action delays immigration enforcement actions for up to two years for workers who fall within the scope of a labor agency investigation or enforcement action. DHS has set out an inclusive standard for deferred action to address the broad chilling effect that immigration enforcement can have on labor standards investigations. As part of this process, DHS will consider Statements of Interest submitted by CRD (or another agency) in support of a worker or group of workers. A Statement of Interest from CRD is a letter that describes the worksite and the workers within the scope of the CRD investigation or enforcement action. The individuals who fall within that description are then eligible to apply individually for deferred action.

As a result, CRD actively accepts and considers requests for Statements of Interest in support of deferred action for workers. Below, CRD provides answers to frequently asked questions about when and how to ask CRD for support in requesting deferred action.

1. What is deferred action?

   DHS can decide when to pursue removal (deportation) of certain immigrants. Deferred action is a form of prosecutorial discretion and means that DHS, in its discretion, may delay a person’s deportation for a certain period of time.

   In January 2023, DHS issued updated guidance and announced an expedited process for consideration of deferred action requests from workers who are victims of, or witnesses to, the violation of labor rights. For more information, visit:

   https://www.dhs.gov/news/2023/01/13/dhs-announces-process-enhancements-supporting-labor-enforcement-investigations

   In addition, DHS has now created a centralized intake point for deferred action requests from workers who are supported by labor and employment  agencies, including departments like CRD. For more information, visit:

   https://www.dhs.gov/enforcement-labor-and-employment-laws

2. Does CRD support requests for deferred action?

   Yes. CRD encourages workers and their advocates to request CRD’s support for deferred action when it may protect workers and further CRD’s mission and priorities. Under DHS guidance, CRD’s role in supporting deferred action is limited to submitting a Statement of Interest to DHS.

   In its discretion and on a case-by-case basis, CRD may submit a Statement of Interest to DHS supporting deferred action for any number of workers. Typically, a Statement of Interest will identify particular worksites during a specific time period. Unless individual circumstances demand it and prior notice is given, CRD will never name individual workers in a Statement of Interest submitted to DHS. CRD will also seek to avoid including factual information that would risk identifying individual workers.

   If DHS accepts a Statement of Interest from CRD, workers covered  by that Statement of Interest may include it with their individual requests for deferred action that must be submitted to the U.S. Citizenship and Immigration Services (USCIS), which is part of DHS, by mail. For more information on how to request deferred action, visit:

   https://www.dhs.gov/enforcement-labor-and-employment-laws

3. Who can request a Statement of Interest from CRD?

   Any impacted worker in California, along with advocates, representatives, and attorneys who may request a Statement of Interest on behalf of a worker or group of workers. All requests for a Statement of Interest should describe how the request relates to an open or closed CRD investigation or enforcement action, or why deferred action for the worker or workers will further CRD’s mission, priorities, and enforcement of the Fair Employment and Housing Act or other law within CRD’s jurisdiction.

   CRD will consider requests for a Statement of Interest that covers workers who have not personally been subject to direct or actual threats of immigration-related retaliation or other unlawful activity, such as workers who are witnesses or otherwise able to provide assistance in a CRD investigation or enforcement action.

   When CRD decides to submit a Statement of Interest, it may seek to cover one or more worksites.

4. Do I have to file a complaint of discrimination with CRD to request a Statement of Interest?

   No. A requester does not have to file a complaint of discrimination with CRD to request a Statement of Interest. Rather, all requests for a Statement of Interest should describe how the request relates to an open or closed CRD investigation or enforcement action, or why deferred action for the covered worker or workers will further CRD’s mission, priorities, and enforcement of the Fair Employment and Housing Act or other law in CRD’s jurisdiction. For example, workers who are not victims of unlawful conduct themselves, but have witnessed violations of labor or employment rights within CRD’s jurisdiction, may request a Statement of Interest without filing any complaint with CRD.

   In addition, a worker who is represented by counsel and bringing a private civil action under the Fair Employment and Housing Act may still request a Statement of Interest if the request sufficiently relates to a CRD investigation or enforcement action or furthers CRD’s mission and priorities.

5. How can I request a Statement of Interest from CRD in support of deferred action?

   CRD has established a dedicated email address to streamline the process and serve as a centralized intake point for all Statement of Interest requests. Whenever possible, a request for a Statement of Interest should be submitted by email to SOIRequest@calcivilrights.ca.gov with the subject “Request for Statement of Interest.” Requests may also be submitted by mail to: Civil Rights Department, Attention: Executive Programs Division, 2218 Kausen Drive, Suite 100, Elk Grove, CA 95758.

   For more information about the process to request a Statement of Interest, contact CRD at SOIRequest@calcivilrights.ca.gov or (800) 884-1684.

   All requests for a Statement of Interest must include:

   • Sufficient information (e.g., name, address, etc.) to identify the employer, worksite(s), relevant dates (e.g., dates of employment and unlawful conduct at issue), or other person(s) relevant to the request (e.g., alleged wrongdoers, witnesses, etc.; the identity of covered worker(s) is not necessary if a requester chooses not to provide that information);
   • Detailed description of how the request relates to an open or closed CRD investigation or enforcement action (with case or matter number, if known), or why deferred action for the covered worker(s) will further CRD’s mission, priorities, and enforcement of the Fair Employment and Housing Act or other law in CRD’s jurisdiction;
   • Detailed description of the underlying conduct or fear of retaliation that may deter the worker(s) covered by the requested Statement of Interest from reporting information to CRD or cooperating in a CRD investigation or enforcement action; and
   • Contact information for the requester or a representative who can respond to follow-up questions from CRD if further information is required to evaluate the request.

   CRD may require additional information needed by CRD to process the request for a Statement of Interest. Requests for a Statement of Interest submitted to CRD may or may not include the names of individual workers seeking deferred action. If requesters prefer not to include the names of workers seeking deferred action who may be covered by the requested Statement of Interest, requesters must still provide the information specified above.

   Regardless, a request for a Statement of Interest should not include:

   • The requester’s or any individual worker’s immigration status or history; or
   • Sensitive personally identifiable information, such as birth date, Social Security Number, or Individual Taxpayer Identification Number (ITIN).
6. What happens after I submit a request to CRD for a Statement of Interest?

   CRD will timely consider all requests for a Statement of Interest at its discretion on a case-by-case basis. CRD will endeavor to review all requests for a Statement of Interest within three weeks, but the review process may take longer depending on the circumstances. CRD will determine whether to submit a Statement of Interest to DHS based on the information included in each request. CRD will contact the requester or their representatives if further information is required to evaluate the request. Any request for a status update should be submitted to SOIRequest@calcivilrights.ca.gov.

   CRD will not communicate with the worker’s employer (or a respondent, in the event of an ongoing or closed CRD investigation) about a request for a Statement of Interest.

7. What information will CRD consider when determining whether to submit a Statement of Interest to DHS?

   CRD is committed to a broad and inclusive standard for submitting Statements of Interest to address the chilling effect immigration enforcement may have on workers’ ability to report unlawful conduct. Accordingly, CRD may consider the following information:

   • Whether and how the request relates to an open or closed CRD investigation or enforcement action, including later acts of retaliation related to an open or closed CRD matter;
   • Whether deferred action for the covered worker(s) would assist CRD in carrying out its mission, priorities, and enforcement of the Fair Employment and Housing Act or other law in CRD’s jurisdiction, while protecting workers; and
   • The nature and extent of the underlying conduct or fear of retaliation that may deter workers from filing a complaint with CRD or cooperating with a CRD investigation or enforcement action.
8. What happens if CRD declines a request to provide a Statement of Interest to DHS?

   If CRD decides not to submit a Statement of Interest to DHS in response to a request, CRD will inform the requester in a timely manner and will not communicate with DHS about the request. CRD’s decision not to submit a Statement of Interest to DHS will have no effect on any ongoing investigation or litigation related to that worker.

   The worker may still seek deferred action from DHS without a Statement of Interest from CRD or may seek a Statement of Interest from another agency.

9. What happens if CRD chooses to provide a Statement of Interest to DHS?

   If CRD chooses to submit a Statement of Interest to DHS in response to a request, CRD will inform the requester of the submission in a timely manner.

   Under current DHS policies, CRD must first submit a Statement of Interest to DHS for review and approval. Unless individual circumstances demand it and prior notice is given, CRD will never name individual workers in a Statement of Interest submitted to DHS. CRD will also seek to avoid including factual information that would risk identifying individual workers.

   Then, DHS will notify CRD whether it accepts CRD’s Statement of Interest or whether further information is needed. CRD will supplement a Statement of Interest as needed. CRD will not provide covered workers with a copy of the Statement of Interest until DHS has confirmed acceptance. If CRD’s Statement of Interest is accepted by DHS, CRD will then distribute that Statement of Interest to the requester and/or covered worker(s) to submit as part of their deferred action request to USCIS.

   A worker covered by a Statement of Interest from CRD must request deferred action directly from USCIS by mail and include CRD’s accepted Statement of Interest as part of that request. DHS will not treat a Statement of Interest from CRD as a deferred action request. In other words, the worker (or their advocate) must submit their own deferred action request after CRD provides notice that DHS accepted CRD’s Statement of Interest.

10. How do workers request deferred action?

    Any worker seeking deferred action must request it directly from USCIS by mail. This is separate and independent from requesting a Statement of Interest from CRD as well as separate and independent from CRD submitting a Statement of Interest to DHS. A worker may request deferred action with or without a supporting Statement of Interest.

    For more information on how to request deferred action, visit:

    https://www.dhs.gov/enforcement-labor-and-employment-laws

11. Will CRD’s Statement of Interest to DHS guarantee deferred action for covered workers?

    No. CRD’s submission of a Statement of Interest to DHS does not, by itself, guarantee immigration status or any specific immigration protection to workers who may be covered by the Statement of Interest.

    In addition, CRD’s submission of a Statement of Interest to DHS does not guarantee that DHS will grant deferred action or exercise prosecutorial discretion in response to a covered worker’s separate request for deferred action or other relief.

12. How long will the deferred action last, if granted?

    According to DHS, a worker within the scope of a labor agency Statement of Interest may request deferred action for up to two years. Subject to any future modifications to DHS’s deferred action process, workers or their representatives should contact CRD at SOIRequest@calcivilrights.ca.gov with a renewed request if they are approaching the end of a deferred action period, in order for CRD to consider submitting a further Statement of Interest.

Available Remedies

Civil remedies available under the California Trafficking Victims Protection Act:

• Actual Damages (economic damages, including lost wages, cost of medical treatments, etc.)
• Compensatory Damages (payment for emotional suffering and distress)
• Punitive Damages
• Injunctive Relief (includes restraining orders)
• Treble Damages or Civil Penalty: the person filing the complaint may be awarded three times the amount of actual damages, or $10,000, whichever is greater
• Attorney’s Fees

U Visas

A U Visa is a United States nonimmigrant visa which is set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It permits such victims to enter or remain in the US when they might not otherwise be able to do so.

To obtain a U Visa, victims of qualifying crimes must demonstrate to United States Citizenship and Immigration Services their willingness to cooperate in the investigation or prosecution of the crime, among other requirements (please see U.S. Citizenship and Immigration Services Victims of Criminal Activity: U Nonimmigrant Status for a fuller explanation).

Your U Visa application must be supported by a certification from a law enforcement agency, such as the Civil Rights Department (CRD). Either you or your representative must ask that CRD complete a U Visa certification on your behalf.

In order to complete a U Visa certification, CRD must find that you were a victim of a certain crime, or that someone attempted, conspired, or asked (solicited) someone else to commit a crime against you. CRD must also find that you have been helpful or are likely to be helpful to its investigation or prosecution of your case.

Below is the list of crimes that can support a U Visa certification. The crime must have occurred in the United States, or have violated United States’ laws:

• To learn more about U Visas, contact Brenda Valle-Balderrama at (800) 884-1684 or visa.certification@calcivilrights.ca.gov

T Visas

A T visa is a type of visa allowing certain victims of human trafficking and immediate family members to remain and work temporarily in the United States, typically if they report the crime to law enforcement, and agree to help them in the investigation and/or prosecution of the crime (or crimes) committed against them. It also allows close family members of the victims to come to the United States legally.

To obtain a T Visa, victims must demonstrate to United States Citizenship and Immigration Services their willingness to comply with a reasonable request from a law enforcement agency to cooperate in the investigation or prosecution of a human trafficking case, among other requirements (please see U.S. Citizenship and Immigration Services Victims of Human trafficking: T Nonimmigrant Status for a fuller explanation). There is an exception to this requirement for those under the age of 18, or those who are unable to cooperate due to trauma. USCIS strongly encourages individuals to submit a declaration from a law enforcement agency, such as CRD, in support of their application.

Either you or your representative must ask that CRD complete a T Visa certification on your behalf.

In order to complete a T Visa certification, CRD must find that you are a victim of human trafficking and that you are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to the trafficking. CRD must also find that you have been helpful or are likely to be helpful in its investigation or civil prosecution of the trafficking, or that you are a minor or are unable to cooperate due to trauma.

• To learn more about T Visas, contact Brenda Valle-Balderrama at (800) 884-1684 or visa.certification@calcivilrights.ca.gov