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Fourth Periodic Report of the United States of America to the United Nations Committee on Human Rights Concerning the International Covenant on Civil and Political Rights* Some approvals and denials are from prior fiscal year(s) filings. In July 2. 01. 0, DHS announced that it had approved 1. U visas in fiscal year 2. This marked the first time that DHS, through extensive outreach and collaboration, has reached the statutory maximum of 1. U visas per fiscal year since it began issuing U- visas in 2.
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In September 2. 01. DHS announced that it had again approved 1.
U visa status in Fiscal Year 2. Victims of international terrorism. The Victims of Crime Act (VOCA), 4. U. S. C. 1. 06. 03c, authorizes the Director of OVC to establish an International Terrorism Victim Expense Reimbursement Program to reimburse eligible “direct” victims of acts of international terrorism that occur outside the United States for expenses associated with that victimization.
OVC published regulations covering the program in September 2. Fed. 5. 24. 46- 5. Victims of trafficking.
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As noted in paragraph 1. Second and Third Periodic Report, victims who are considered to have been subjected to a severe form of trafficking in persons, and who meet several other criteria, may be eligible for immigration relief, including “Continued Presence,” a form of temporary immigration relief available during the pendency of an investigation or prosecution, and the “T visa.” The T visa is a self- petitioning visa provided under the Immigration and Nationality Act, as amended by the Trafficking Victims Protection Act (TVPA). If granted, a T visa provides the alien with temporary permission to reside in the United States for up to four years, with some exceptions, and the victim may be eligible to apply for lawful permanent resident status (a “green card”) after three years. The person also receives an authorization permit to work in the United States. Certain immediate family members of the T visa holder may qualify for derivative immigration relief as well. Upon identification as victims of trafficking, all such victims may be eligible for victim services provided by non- governmental victim service programs, as well as by Victim/Witness Coordinators and Specialists at the local and state levels.
To be eligible to apply for federal benefits to the same degree as a refugee, alien victims require “certification” by the HHS (which requires adult victims to have Continued Presence, a bona fide T visa application, or an approved T visa). Minor alien victims can be “certified” by HHS immediately upon identification, regardless of the status of immigration relief. In addition to the T visa, the U visa, described above, is a form of immigration relief available to victims of human trafficking. On July 2. 2, 2. 01. DHS launched the “Blue Campaign,” a first- of- its- kind initiative to coordinate and enhance the Department’s efforts to combat human trafficking. The Blue Campaign leverages the varied authorities of DHS component agencies to deter human trafficking by increasing awareness, protecting victims, and contributing to a robust criminal justice response.
The campaign is led by an innovative cross- component steering committee, chaired by the Senior Counselor to the Secretary and comprised of representatives from 1. DHS. To help citizens learn to identify and properly report indicators of human trafficking, the Department launched public outreach tools, including a new, comprehensive one- stop website for the Department’s efforts to combat human trafficking: www. The Blue Campaign also features new training initiatives for law enforcement and DHS personnel, enhanced victim assistance efforts, and the creation of new partnerships and interagency collaboration. In 2. 01. 1, the Blue Campaign began broadcasting public service awareness announcements via television and print displays. The DOJ Office for Victims of Crime (DOJ/OVC) also administers grant programs to address the needs of the victims of human trafficking. These programs are authorized under the TVPA of 2. TVPA in 2. 00. 3, 2.
Programs funded by DOJ/OVC have traditionally focused on providing services to alien victims even during the pre- certification period in order to address emergency and immediate needs of these victims before they are eligible for other benefits and services. In 2. 00. 9, OVC expanded the trafficking victim service program to also provide specialized services to U.
S. Torture and cruel treatment in armed conflict are also prohibited by the Geneva Conventions of 1. On March 7, 2. 01. United States also confirmed its support for Additional Protocol II and Article 7. Additional Protocol I to the 1. Geneva Conventions, which contain fundamental humane treatment protections for individuals detained in international and non- international armed conflicts.
As discussed in paragraph 1. Initial Report, a range of federal and state laws prohibit conduct constituting torture or cruel, inhuman or degrading treatment or punishment.
The Eighth Amendment to the U. S. Constitution prohibits cruel and unusual punishments for convicted inmates. Cruel and unusual punishments include uncivilized and inhuman punishments, punishments that fail to comport with human dignity, and punishments that include physical suffering, including torture. The Fifth and Fourteenth Amendment Due Process Clauses prohibit, inter alia, governmental action that “shocks the conscience,” including acts of torture and cruel treatment, Rochin v. The Fourteenth Amendment applies both of these Amendments to the conduct of state officials. Violations of 1. 8 U.
S. C. 2. 42 can occur for conduct less severe than conduct that falls within the scope of “cruel, inhuman or degrading treatment or punishment” under Article 7 of the ICCPR. Civil actions may also be brought in federal or state court under the federal civil rights statute, 4. U. S. C. 1. 98. 3, directly against state or local officials for money damages or injunctive relief.
Such civil bases for relief are described in greater detail in Part III of this report, below. The Detainee Treatment Act of 2. United States Government, regardless of nationality or physical location,” Codified at 4. U. S. C. Lastly, coincident with the entry into force of the Convention Against Torture, the United States enacted the Torture Convention Implementation Act, codified at 1. U. S. C. 2. 34. 0A, which gave effect to obligations assumed by the United States under Article 5 of the Convention Against Torture.
As provided in the statute, whoever commits or attempts to commit torture outside the United States (as those terms are defined in the statute) is subject to federal criminal prosecution if the alleged offender is a national of the United States or the alleged offender is present in the United States, irrespective of the nationality of the victim. In order to strengthen its efforts against international human rights violators where the United States has jurisdiction, in 2. Office of Special Investigations and the Domestic Security Section of the Department of Justice were merged to become the new Human Rights and Special Prosecutions Section.
The office has responsibility for the enforcement of criminal laws against suspected participants in serious international human rights offenses, including genocide, torture, war crimes, and the use or recruitment of child soldiers under the age of 1. Administration Policy on Torture and Cruel, Inhuman or Degrading Treatment or Punishment. The United States does not permit its personnel to engage in acts of torture or cruel, inhuman or degrading treatment of any person in its custody either within or outside U. S. On his second full day in office, January 2. President Obama issued three Executive Orders concerning lawful interrogations, the military detention facility at Guantanamo Bay, and detention policy options. Executive Order 1.
Ensuring Lawful Interrogations, directs that individuals detained in any armed conflict shall in all circumstances be treated humanely, consistent with U. S. The Order also instructed the CIA to close as expeditiously as possible any detention facilities it operated and required that all agencies of the U. S. The Military Commissions Act of 2. U. S. C. On March 7, 2. President Obama issued Executive Order 1. Guantanamo Bay detention facility who have not been charged, convicted, or designated for transfer. Under this Order, continued law of war detention is warranted for a detainee subject to periodic review if it is necessary to protect against a significant threat to the security of the United States.
The Order expressly provides that the periodic review process must be implemented “consistent with applicable law including: the Convention Against Torture; Common Article 3 of the Geneva Conventions; the Detainee Treatment Act of 2. On June 2. 6, 2. 00. Convention against Torture, President Obama issued a further statement unequivocally reaffirming the principles behind the Convention, including the principle that torture is never justified. President Obama underscored the Administration’s commitment to upholding the Convention and reaffirming its underlying principles on June 2. June 2. 6, 2. 01. Convention Against Torture. In his 2. 01. 1 statement, President Obama said: Torture and abusive treatment violate our most deeply held values, and they do not enhance our national security – they undermine it by serving as a recruiting tool for terrorists and further endangering the lives of American personnel.
Furthermore, torture and other forms of cruel, inhuman or degrading treatment are ineffective at developing useful, accurate information. As President, I have therefore made it clear that the United States will prohibit torture without exception or equivocation, and I reaffirmed our commitment to the Convention’s tenets and our domestic laws.
Report to the Committee Against Torture.