Background
Senate Bill 1569, Trafficking and Crime Victims Assistance Program (TCVAP) provided comprehensive federal laws to protect noncitizens of human trafficking and noncitizen victims of domestic violence and other serious crimes. In October 2000, the federal Trafficking Victims Protection Act of 2000 created two new noncitizen visas: 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 to allow these individuals to remain in the United States (U.S.).
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.
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): CalWORKs, Refugee Cash Assistance (RCA), 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, domestic violence and/or other serious crimes. 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 12 months of State-funded RCA benefits. Once the T Visa application is approved, the individual is eligible to receive 12 months of federally-funded RCA; this is not applicable for U Visa applicants.
T and U Visa holders are eligible to General Relief once CalWORKs or RCA benefits have been exhausted.
Once CalWORKs/RCA 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;
- 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;
- T and U Visa applicants (adults with no children) are eligible for General Relief after their State-only RCA benefits have been exhausted;
- 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 approved for a T Visa 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 12 months of State-only RCA;
- T Visa applicants (adults with no children) who have been approved for a T Visa or by the Office of Refugee Resettlement may be eligible to 12 months of Federal RCA; and
- U Visa applicants (adults with no children) who have filed a U Visa application or have an approved U Visa may be eligible to 12 months of State-only RCA.
How to Apply
An application may be submitted for cash assistance via:
- Online - BenefitsCal website at https://benefitscal.com 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
