On October 20, 2021, USCIS released the T visa section (Volume 3, Part B) of the Policy Manual, as well as Volume 9, Part O for Waivers of Inadmissibility. CAST and ASISTA collaborated to produce an advisory discussing notable highlights from the Policy Manual (hereinafter “the Manual”) for practitioners representing survivors of trafficking in their immigration matters. The advisory serves as a brief update of the changes and useful guidance now available in the new sections; it does not, however, provide a comprehensive analysis of the changes and does not replace a thorough reading of the Manual, regulations, and relevant statutes.

On September 22, 2021, Governor Newsom signed into law AB 262, which amended PC 236.14, California’s Vacatur law. PC 236.14, which went into effect January 1, 2017, allows any person who “was arrested for or convicted of any nonviolent offense committed while he or she was a victim of human trafficking” to petition to have records of those arrests sealed and records of those convictions vacated. This law has been crucial in addressing the criminalization and stigma that follow survivors even after they escape their trafficking situation and in helping improve access to housing, employment, financial support and other resources that are essential for survivors as they work to move forward with their lives. However, PC 236.14 as originally written created some unnecessary challenges for survivors seeking relief; AB 262 sought to remove some of those barriers.

The following highlights the key amendments to the law:

Within a trauma-informed response, there are six guiding principles, rather than a prescribed set of practices or procedures, that are applicable across multidisciplinary settings.

Many aspects of trauma-informed lawyering, in which the practice of cultural humility falls under, is often generalized as “good lawyering.” Recognizing and responding to the client’s feelings of anxiety, clarifying legal processes the client will be dealing with, and advocating for appropriate rights and protections are all examples of good lawyering but can also be great examples of being trauma-informed. 

There are 2 different inadmissibility grounds for lack of passport: one for nonimmigrant applicants and one for immigrant applicants under INA §212(a)(7)(A) & (B).