TAHIRIH JUSTICE CENTER

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TAHIRIH JUSTICE CENTER

• How did we start?
• Layli Miller Muro, Tahirihs founder and former
  associate at Arnold Porter, was involved as a
  student attorney in the landmark gender based
  asylum case of Fauziya Kassindja.
• Initial funding for Tahirih was provided by Ms.
  Miller through the proceeds of a book, Do They
  Hear You When You Cry?, about Ms. Kassindjas
  case released in March 1998.
• What do we do?
• Pro Bono Legal Services
• Work on public policy initiatives effecting our
  clients
• Effect change through the litigation of
  precedent-setting cases
• Pioneer the utilization of new legal remedies
  under US law to protect immigrant women from
  violence
• Work with US and UN agencies to improve the
  processes for assisting refugees and asylum
  seekers  
• Since 1997, Tahirih has assisted over 6,400
  women and girls fleeing abuses such as female
  genital mutilation, rape, trafficking, honor
  crimes, gender apartheid, forced marriage, and
  domestic violence.

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The Story of Tahirih
TAH-heh-ray
You can kill me as soon as you like, but you
cannot stop the emancipation of women.
-Tahirih, 1848, renowned for her poetry, beauty,
and ability to inspire women.
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Tahirihs Programs

• Tahirihs three-pronged approach to systemic
  policy change

Holistic LegalServices
Public Policy Advocacy
Public Education
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Direct Legal Services
Gender-based Asylum Project
Protecting Victims of Trafficking
Battered Immigrant Women Project
Campaign to Stop Exploitation by International
Marriage Brokers
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Holistic Approach to Services

• True access to justice means meeting our clients
  social and medical needs

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Tahirih Today
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Two Forms of Immigration Relief

• Continued Presence
• and
• T visa

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Continued Presence

• In order to aid the prosecution of traffickers,
  eligible victims who lack legal status but who
  are potential witnesses of such trafficking may
  receive temporary immigration relief.
• Only a federal law enforcement agency may
  petition the Department of Homeland Security
  (DHS) for continued presence. The DHS has the
  discretion to authorize the continued presence of
  victims of severe forms of trafficking.

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T Visa
Available to individuals who are physically
present in the US as a result of a severe form of
trafficking Sex trafficking in which a
commercial sex act is induced by force, fraud, or
coercion, or in which the person induced to
perform such act has not attained 18 years of
age OR 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.
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Proof for a T Visa

• The applicant is a victim of a severe form of
  trafficking
• The applicant is physically present in the US
• The applicant has complied with any reasonable
  request for assistance in the investigation and
  prosecution of acts of trafficking in persons (as
  evidenced by an LEA declaration)
• and
• The applicant would suffer extreme hardship
  involving unusual and severe harm upon removal.
  (Hardship does not need to be related to the
  trafficking but cannot simply be economic
  hardship.)

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Facts about the T Visa

• Enables victims of human trafficking to live
  and work in U.S. for 4 years
• Can apply for adjustment of status to lawful
  permanent resident after 3 years
• Can petition to have spouses and children
  accompany (or parents if under 21) if can
  demonstrate extreme hardship if family member not
  given derivative status
• Eligible for federal public benefits assistance
  in the US
• Cap of 5,000 visas annually, many visas left
• Criminal Case does not determine eligibility

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Assistance Available to Victims of Human
Trafficking

• Adult Victims (age 18 or over) must be
  certified by the U.S. Department of Health and
  Human Services (HHS)
• To receive certification, an individual must
•   Be a victim of human trafficking as
  defined by the TVPA
• Be willing to assist with the investigation
  and prosecution of traffickers and
• Have completed a bona fide application for
  a T visa or
• Have received Continued Presence status
  from the U.S. Department of Homeland Security
• to receive Federally-funded services and benefits
  to the same extent as refugees.

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Assistance Available to Victims of Human
Trafficking (cont.)

• Child victims of human trafficking (under age
  18) are immediately eligible for benefits they
  do not need to apply for a T visa or get
  Continued Presence status.
• For such victims, HHS issues once it has
• received proof that the child is a victim of
  trafficking a letter of eligibility. The
  victim or the victims advocate may then present
  the letter to social service providers as proof
  of eligibility.

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Assistance Available to Victims of Human
Trafficking (cont.)
Certified and eligible victims of human
trafficking can receive benefits and services
necessary for the safety and protection of their
lives including   Housing or shelter
assistance English language training Food
assistance Health care assistance Income
assistance Mental health services Employment
assistance Assistance for victims of torture.
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