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Human Trafficking, Domestic Violence, and Other Serious Crimes – Eligibility and Services for Noncitizen Victims

TCVAP is State-funded assistance that provides critical support, benefits, and services to noncitizen victims of human trafficking, domestic violence, and other serious crimes who are not eligible for federally-funded benefits and services.


Background

Prior to October 2000, there were no comprehensive federal laws to protect noncitizen victims of human trafficking, domestic violence, and other serious crimes. In October 2000, the federal Trafficking Victims Protection Act of 2000 created the following two new noncitizen visas to allow them to remain in the United States (U.S.):

  1. The “T” Visa, for victims of a severe form of trafficking; and 
  2. The “U” Visa,” for victims of domestic violence and other serious crimes.

As a result, only trafficking victims certified by the Office of Refugee Resettlement (ORR) were eligible to receive federal benefits. 

In 2006, Senate Bill (SB) 1569 established human trafficking as a crime in California, and in 2007, SB 1569 was enacted and established TCVAP which extended eligibility for State-funded benefits to noncitizen trafficking victims who are not certified by ORR and to victims of domestic violence and other serious crimes.


Definition

Human trafficking is a form of modern-day slavery. Federal law defines "severe forms of trafficking in persons" to mean:

  • 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 the age of 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.

Victims of domestic violence and other serious crimes are individuals who have suffered substantial physical and/or mental abuse as a result of having been victims of criminal activity involving, or similar to, the following violations: rape, torture, incest, domestic violence, sexual assault, and numerous other felonies.


Services and Eligibility

Noncitizen victims of trafficking and victims of domestic violence and other serious crimes are eligible to TCVAP benefits and services equivalent to those available to refugees, including (but not limited to) the following which are State-funded programs: TCVAP CalWORKs, TCVAP Cash Assistance equivalent to the Refugee Cash Assistance (RCA) program, California Food Assistance Program, Cash Assistance Program for Immigrants (CAPI), In-Home Supportive Services, Medi-Cal, employment services and/or supportive services through Welfare-to-Work (WtW). Although not mandated by law, Los Angeles County has agreed to extend General Relief benefits to individuals with a T or U Visa.

Potential eligibility for this population is dependent upon the applicant establishing their claim as a victim of trafficking (T Visa) or domestic violence and/or other serious crimes (U Visa). The applicant must have applied for a T or U Visa or is taking steps to apply for a T Visa.

T and U Visa applicants with children are eligible to receive 60 months of State-funded CalWORKs benefits. T and U Visa single adults are eligible to receive 4 months of State-funded TCVAP Cash Assistance benefits. Once the adult trafficking victim has been certified by ORR, the individual is eligible to receive 4 months of federally-funded RCA; this is not applicable for U Visa applicants.

Note: Effective May 5, 2025, TCVAP Cash Assistance was reduced from 12 months to 4 months. Those who become eligible on or after May 5, 2025, are subject to the new 4-month eligibility period, while those who became eligible prior to May 5, 2025, will remain eligible under the 12-month eligibility period.

T and U Visa holders are eligible to General Relief once CalWORKs or RCA benefits have been exhausted.

Once TCVAP CalWORKs/TCVAP Cash Assistance benefits are approved for the T or U Visa applicant, the participant is referred to GAIN for WtW/Refugee Employment Program (REP) services

  • TCVAP/RCA participants who possess a Social Security Number (SSN) and authorization to work in the U.S. are assigned to WtW/REP activities, or considered for exemption from work requirements as appropriate.
  • TCVAP/RCA participants who do not possess SSN or authorization to work in the U.S. are assigned to pre-employment WtW/REP activities, or considered for exemption from WtW/REP requirements as appropriate:

    • Vocational Assessment
    • Vocational Training
    • Clinical Assessment
    • Remedial Education (i.e. Adult basic Education, English as-a-Second-Language)
    • Vocational Education (i.e., Regional Occupational Programs, or Community College)
    • Learning Disabilities
    • Domestic Violence Services that include Immigration Law Services
    • Mental Health Treatment
    • Substance Use Disorder Treatment
    • Los Angeles County District Attorney’s Office Victim-Witness Assistant Program (800) 380-3811


Quick Policy Facts

  • TCVAP extends eligibility for benefits and services to noncitizen victims of human trafficking, domestic violence and/or other serious crimes to the same extent as refugees, including (but not limited to) the following which are state-funded programs: TCVAP CalWORKs, TCVAP Cash Assistance equivalent to the RCA Program, California Food Assistance Program, CAPI, In-Home Supportive Services, Medi-Cal, employment services and/or supportive services through WtW. Although not mandated by law, Los Angeles County has agreed to extend General Relief benefits to individuals with a T or U Visa;
  • T Visa applicants with children who have filed a T Visa application or are taking steps to apply and meet CalWORKs eligibility may be eligible to 60 months of State benefits and services;
  • T Visa applicants who have been certified by ORR and meet CalWORKs eligibility may be eligible to 60 months of federal benefits and services (not to exceed 60 months including State and federal);
  • T Visa applicants (adults with no children) who have filed a T Visa application or are taking steps to apply may be eligible to 4 months of TCVAP Cash Assistance;
  • T Visa applicants (adults with no children) who have been certified by ORR may be eligible to 4 months of federal RCA;
  • U Visa applicants (adults with no children) who have filed a U Visa application or have an approved U Visa may be eligible to 4 months of TCVAP Cash Assistance; 
  • U Visa applicants with children who have filed a U Visa application or have an approved U Visa and meet CalWORKs eligibility may be eligible to 60 months of State benefits and services; and
  • T and U Visa applicants (adults with no children) are eligible for General Relief after their TCVAP Cash Assistance have been exhausted.


Note: Effective May 5, 2025, TCVAP Cash Assistance was reduced from 12 months to 4 months. Those who become eligible on or after May 5, 2025, are subject to the new 4-month eligibility period, while those who became eligible prior to May 5, 2025, will remain eligible under the 12-month eligibility period.


How to Apply

An application may be submitted for cash assistance via:

  • Online - BenefitsCal website under the Cash Assistance option;
  • Phone – Call (866) 613-3777; or
  • In Person – Visit the DPSS website to find the nearest office. You may speak to an Eligibility Worker or place your application in the drop box.