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are trafficking victims. Also, internal victims are not typically the focus of anti-trafficking efforts and are marginalized as a result. In 2009, HHS-funded outreach programs identified over 700 potential foreign trafficking victims plus more than 1,000 internal trafficking victims. It is unknown how many of the latter were referred to law enforcement or received services (U.S. Department of State, 2010). Additionally, children continue to be arrested for crimes associated with their trafficking experience. In 2008 at least 643 females and 206 males under the age of 18 were reportedly arrested for prostitution and commercialized vice (U.S. Department of State, 2010). Moreover, although the TVPA provides a federal framework for victim protection, safeguards for trafficking victims are not consistent at state and local levels. Forty-two states have enacted, and are slowly beginning to use, specific anti-trafficking statutes. Only 9 states offer state public benefits to trafficking victims; 18 states permit victims to bring civil lawsuits in state court; 18 states have instituted mandatory restitution; and 9 states require that victims’ names and/or locations be kept confidential (U.S. Department of State, 2010).
    The United States falls short in several areas when it comes to addressing the post-trafficking experience of victims. These areas include the underutilization of U and T visas (discussed below), the pressure for adult victims to cooperate with law enforcement in order to obtain social services, and the less-than-adequate relationship between social service providers and law enforcement. The Department of Health and Human Services is the only federal agency authorized to grant eligibility letters to minors and certification to adults who are foreign trafficking victims. The agency issued eligibility letters to 50 foreign minors and certified 330 foreign adult victims in 2009, which is an increase from the 31 foreign minors and 286 foreign adult victims granted eligibility or certification in 2008 (HHS, 2009; U.S. Department of State, 2009c, 2010). In 2010 the agency issued 92 eligibility letters to foreign minors and certified 449 foreign adult victims (U.S. Department of State, 2011). Certification and eligibility letters allow victims access to federal services and benefits similar to those received by refugees. With the objective of skill development and self-sufficiency, minors are provided care through the Unaccompanied Refugee Minors program. United States citizens and lawful permanent residents do not need to be certified or to receive a letter of eligibility to obtain services (HHS, 2009; U.S. Department of State, 2009c).
    The United States offers immigration relief through continued-presence status to potential trafficking witnesses during the investigation and prosecution of their trafficker(s). In 2008, 225 requests and 101 extensions for continued-presence status were granted (HHS, 2009; U.S. Department of State, 2009c). In 2009, continued-presence status was issued to 299 potential victim-witnesses. In 2010 continued-presence status was issued to 186 potential victim-witnesses (U.S. Department of State, 2010, 2011). Victims can also obtain relief through the U visa (U nonimmigrant status) and T visa (T nonimmigrant status). The U visa is created for immigrants who are victims of crimes. It allows visa holders to apply to become lawful permanent residents and eventually U.S. citizens. The success of a U visa application turns on whether the victim suffered substantial physical or mental abuse as a result of one or more of a specific list of crimes. Trafficking, rape, torture, sexual assault, sexual exploitation, prostitution, kidnapping, and false imprisonment are among the offenses included. Applicants must also obtain certification by a federal, state, or local government official that the petitioner is likely to be helpful to him or her in the investigation or prosecution of the criminal act of which