After paying substantial sums of money for the opportunity to work in the United States, hundreds of workers claim to have been victims of human trafficking. If the immigration status of the worker who claims to be a victim of human trafficking has already expired, is there relief for such victim? May he legalize his stay?
Kevin was an overseas Filipino worker (OFW) who worked in Qatar as a bartender for a private company. He worked there for five years. When his contract ended, he went back to his hometown whereupon he was invited by his brother to apply with “ABC Corp”, a recruitment company based in the Philippines for the placement of workers abroad. Kevin and his brother were charged by the agency 250,000 pesos, a huge amount which they did not have, so they decided to mortgage their farm in order to pay the recruiter.
The recruitment company thereafter instructed Kevin to go to the US Embassy to obtain his working visa. He was issued his H2B visa, together with his brother and three other Filipinos. They were made to understand that upon arrival in the States, they will be assigned to work for a hotel in Florida by an American based company, “US Opportunities”.
Kevin, his brother, and three other Filipino workers entered the United States in December 2009. Their recruiter said that they will enter through Detroit and will proceed to Maryland for their connecting flight to Florida. Upon their arrival in Detroit and contrary to the representation of their agent, no one met them at the airport. A friend of one of their companions picked them up instead. Kevin tried to call the number of the supposed representative of ABC Corporation in the United States, but he soon realized this was futile. Kevin tried to make the best of a bad situation by taking on odd jobs whenever and wherever he could and ended up working in Virginia as a handyman for various home projects without proper legal documentation. The hotel job that was promised him did not exist.
Kevin thereafter learned that some of those who were recruited filed a case against the US employer, one Michael Lombardi, and that this employer was convicted in 2012 of conspiracy to commit visa fraud.
Kevin has been out of status since he arrived in December 2009. What could be done in his case? Is he eligible for the T visa?
Human Trafficking
Human trafficking is modern day slavery. It is defined broadly to include not just sexual exploitation but also the recruitment, transportation, harboring or obtaining of a person for labor or services through the use of force, fraud or coercion for purpose of subjection to involuntary servitude, debt bondage or slavery. When a victim pays a substantial recruitment fee for a job that does not provide the promised pay, or worse, for a job does not exist, a case of human trafficking exists. Victims usually find themselves in deep debt and mortgage family property to pay the recruiter for a job that pays far less than what was promised.
Thousands of men, women and children are trafficked each year in different countries including the United States. Most of the jobs where trafficking victims get assigned are primarily in agriculture, domestic services, janitorial services, hotel services, construction, health and elder care. In recent years, even Filipino teachers who enter on professional working visas claim to have been the victims of human trafficking.
Relief for Trafficking Victims
When an individual finds himself without the promised job, he will soon fall out of status when the working visa expires. This can be very stressful especially when one is in an unfamiliar environment. The U.S. Citizenship and Immigration Services may grant the “T” (Trafficking) Visa or “U” (Victim of Crime) Visa to those who can prove that they had been the victims of severe form of trafficking. If granted the T visa, a person will be allowed to stay in the United States for three years with work authorization. During this period, the victim must meet certain conditions: he must (1) maintain continuous physical presence in the United States; (2) remain in good moral character; (3) demonstrate that he will suffer extreme hardship involving unusual and severe harm if he is removed, and (4) cooperate with the authorities when his assistance is requested, in the prosecution of his oppressors.
Predicament of Kevin
When Kevin realized that he was illegally recruited and that there really was no job for him, he should have availed of the ”T” visa. According to Kevin, he did not know anyone in the US at that time who could have helped him obtain the T visa. According to Kevin, he was afraid to approach the US Citizenship and Immigration Services because he might be ordered to leave the United States.
Even with U.S. law granting relief to victims of human trafficking, there are still many Filipinos who are in the same position as Kevin. Approaching the legal authorities is always a challenge because of the fear of being deported. There are different federal agencies, non-profit organizations and private individuals who assist victims of trafficking. But as it is with most victims, approaching the authorities or organizations who may be willing to help may also be hindered by cultural or language barriers. It is important that those involved in identifying and assisting victims of human trafficking understand the various causes that hinder victims from seeking the help they need and implement protocols that specifically deal with these issues in order to eradicate such obstacles. Only then can we empower, and therefore truly address, the plight of the victims of human trafficking.
(Atty. Lourdes Santos Tancinco may be reached at law@tancinco.com or at (02)721 1963 or visit her website at tancinco.weareph.com/old)
