Reference Citation

Public Law 106-386

SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING. 

 

(a) Assistance for Victims in Other Countries- 

 

(1) IN GENERAL- The Secretary of State and the Administrator of the United States Agency for 

International Development, in consultation with appropriate nongovernmental organizations, shall establish and carry out programs and initiatives in foreign countries to assist in the safe integration, reintegration, or resettlement, as appropriate, of victims of trafficking. Such programs and initiatives shall be designed to meet the appropriate assistance needs of such persons and their children, as identified by the Task Force. 

 

(2) ADDITIONAL REQUIREMENT- In establishing and conducting programs and initiatives described in 

paragraph (1), the Secretary of State and the Administrator of the United States Agency for International Development shall take all appropriate steps to enhance cooperative efforts among foreign countries, including countries of origin of victims of trafficking, to assist in the integration, reintegration, or resettlement, as appropriate, of victims of trafficking, including stateless victims. 

 

(b) Victims in the United States- 

 

(1) ASSISTANCE- 

 

(A) ELIGIBILITY FOR BENEFITS AND SERVICES- Notwithstanding title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, an alien who is a victim of a severe form of trafficking in persons shall be eligible for benefits and services under any Federal or State program or activity funded or administered by any official or agency described in subparagraph (B) to the same extent as an alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act. 

 

(B) REQUIREMENT TO EXPAND BENEFITS AND SERVICES- Subject to subparagraph (C) and, in the case of nonentitlement programs, to the availability of appropriations, the Secretary of Health and Human Services, the Secretary of Labor, the Board of Directors of the Legal Services Corporation, and the heads of other Federal agencies shall expand benefits and services to victims of severe forms of trafficking in persons in the United States, without regard to the immigration status of such victims. 

 

(C) DEFINITION OF VICTIM OF A SEVERE FORM OF TRAFFICKING IN PERSONS- For the purposes of this paragraph, the term “victim of a severe form of trafficking in persons” means only a person-- 

 

(i) who has been subjected to an act or practice described in section 103(8) as in effect on the date of the enactment of this Act; and 

 

(ii)(I) who has not attained 18 years of age; or 

 

(II) who is the subject of a certification under subparagraph (E). 

 

(D) ANNUAL REPORT- Not later than December 31 of each year, the Secretary of Health and 

Human Services, in consultation with the Secretary of Labor, the Board of Directors of the Legal Services Corporation, and the heads of other appropriate Federal agencies shall submit a report, which includes information on the number of persons who received benefits or other services under this paragraph in connection with programs or activities funded or administered by such agencies or officials during the preceding fiscal year, to the Committee on Ways and Means, the Committee on International Relations, and the Committee on the Judiciary of the House of Representatives and the Committee on Finance, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate. 

 

(E) CERTIFICATION- 

 

(i) IN GENERAL- Subject to clause (ii), the certification referred to in subparagraph (C) is a certification by the Secretary of Health and Human Services, after consultation with the Attorney General, that the person referred to in subparagraph (C)(ii)(II)-- 

 

(I) is willing to assist in every reasonable way in the investigation and prosecution of severe forms of trafficking in persons; and 

 

(II)(aa) has made a bona fide application for a visa under section 101(a)(15)(T) of the Immigration and Nationality Act, as added by subsection (e), that has not been denied; or 

 

(bb) is a person whose continued presence in the United States the Attorney General is ensuring in order to effectuate prosecution of traffickers in persons. 

 

(ii) PERIOD OF EFFECTIVENESS- A certification referred to in subparagraph (C), with respect to a person described in clause (i)(II)(bb), shall be effective only for so long as the Attorney General determines that the continued presence of such person is necessary to effectuate prosecution of traffickers in persons. 

 

(iii) INVESTIGATION AND PROSECUTION DEFINED- For the purpose of a certification 

under this subparagraph, the term “investigation and prosecution” includes-- 

 

(I) identification of a person or persons who have committed severe forms of trafficking in persons; 

 

(II) location and apprehension of such persons; and 

 

(III) testimony at proceedings against such persons. 

 

(2) GRANTS- 

 

(A) IN GENERAL- Subject to the availability of appropriations, the Attorney General may make 

grants to States, Indian tribes, units of local government, and nonprofit, nongovernmental victims’ service organizations to develop, expand, or strengthen victim service programs for victims of trafficking. 

 

(B) ALLOCATION OF GRANT FUNDS- Of amounts made available for grants under this paragraph, there shall be set aside-- 

 

(i) three percent for research, evaluation, and statistics; 

 

(ii) two percent for training and technical assistance; and 

 

(iii) one percent for management and administration. 

 

(C) LIMITATION ON FEDERAL SHARE- The Federal share of a grant made under this paragraph may not exceed 75 percent of the total costs of the projects described in the application submitted. 

 (c) TRAFFICKING VICTIM REGULATIONS- Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of State shall promulgate regulations for law enforcement personnel, immigration officials, and Department of State officials to implement the following: 

 

(1) PROTECTIONS WHILE IN CUSTODY- Victims of severe forms of trafficking, while in the custody of 

the Federal Government and to the extent practicable, shall-- 

 

(A) not be detained in facilities inappropriate to their status as crime victims; 

 

(B) receive necessary medical care and other assistance; and 

 

(C) be provided protection if a victim’s safety is at risk or if there is danger of additional harm by recapture of the victim by a trafficker, including-- 

 

(i) taking measures to protect trafficked persons and their family members from intimidation and threats of reprisals and reprisals from traffickers and their associates; and 

 

(ii) ensuring that the names and identifying information of trafficked persons and their family members are not disclosed to the public. 

 

(2) ACCESS TO INFORMATION- Victims of severe forms of trafficking shall have access to information about their rights and translation services. 

 

(3) AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE UNITED STATES- Federal law enforcement officials may permit an alien individual’s continued presence in the United States, if after an assessment, it is determined that such individual is a victim of a severe form of trafficking and a potential witness to such trafficking, in order to effectuate prosecution of those responsible, and such officials in investigating and prosecuting traffickers shall protect the safety of trafficking victims, including taking measures to protect trafficked persons and their family members from intimidation, threats of reprisals, and reprisals from traffickers and their associates. 

 

(4) TRAINING OF GOVERNMENT PERSONNEL- Appropriate personnel of the Department of State and the Department of Justice shall be trained in identifying victims of severe forms of trafficking and providing 

for the protection of such victims. 

 

(d) CONSTRUCTION- Nothing in subsection (c) shall be construed as creating any private cause of action against the United States or its officers or employees. 

 

(e) PROTECTION FROM REMOVAL FOR CERTAIN CRIME VICTIMS- 

 

(1) IN GENERAL- Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-- 

 

(A) by striking “or” at the end of subparagraph (R); 

 

(B) by striking the period at the end of subparagraph (S) and inserting “; or”; and 

 

(C) by adding at the end the following new subparagraph: 

 

“(T)(i) subject to section 214(n), an alien who the Attorney General determines-- 

 

“(I) is or has been a victim of a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, 

 

“(II) is physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry thereto, on account of such trafficking, 

 

“(III)(aa) has complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking, or 

 

“(bb) has not attained 15 years of age, and 

 

“(IV) the alien would suffer extreme hardship involving unusual and severe harm upon removal; and 

 

“(ii) if the Attorney General considers it necessary to avoid extreme hardship-- 

 

“(I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, and parents of such alien; and 

 

“(II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien, if accompanying, or following to join, the alien described in clause (i).”. 

 

(2) CONDITIONS OF NONIMMIGRANT STATUS- Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended-- 

 

(A) by redesignating the subsection (l) added by section 625(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-1820) as subsection (m); and 

 

(B) by adding at the end the following: 

 

“(n)(1) No alien shall be eligible for admission to the United States under section 101(a)(15)(T) if there is substantial reason to believe that the alien has committed an act of a severe form of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000). 

 

“(2) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year under section 101(a)(15)(T) may not exceed 5,000. 

 

“(3) The numerical limitation of paragraph (2) shall only apply to principal aliens and not to the spouses, sons, daughters, or parents of such aliens.”. 

 

(3) WAIVER OF GROUNDS FOR INELIGIBILITY FOR ADMISSION- Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by adding at the end the following: 

 

“(13)(A) The Attorney General shall determine whether a ground for inadmissibility exists with respect to a nonimmigrant described in section 101(a)(15)(T). 

 

“(B) In addition to any other waiver that may be available under this section, in the case of a nonimmigrant described in section 101(a)(15)(T), if the Attorney General considers it to be in the national interest to do so, the Attorney General, in the Attorney General’s discretion, may waive the application of-- 

 

“(i) paragraphs (1) and (4) of subsection (a); and 

 

“(ii) any other provision of such subsection (excluding paragraphs (3), (10)(C), and (10(E)) if the activities rendering the alien inadmissible under the provision were caused by, or were incident to, the victimization described in section 101(a)(15)(T)(i)(I).”. 

 

(4) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO “T” VISA NONIMMIGRANTS- Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) is amended by adding at the end the following new subsection: 

 

“(i) With respect to each nonimmigrant alien described in subsection (a)(15)(T)(i)-- 

 

“(1) the Attorney General and other Government officials, where appropriate, shall provide the alien with a referral to a nongovernmental organization that would advise the alien regarding the alien”s options while in the United States and the resources available to the alien; and 

 

“(2) the Attorney General shall, during the period the alien is in lawful temporary resident status under that subsection, grant the alien authorization to engage in employment in the United States and provide the alien with an “employment authorized” endorsement or other appropriate work permit.”. 

 

(5) STATUTORY CONSTRUCTION- Nothing in this section, or in the amendments made by this section, 

shall be construed as prohibiting the Attorney General from instituting removal proceedings under section 240 

of the Immigration and Nationality Act (8 U.S.C.1229a) against an alien admitted as a nonimmigrant under 

section 101(a)(15)(T)(i) of that Act, as added by subsection (e), for conduct committed after the alien’s admission into the United States, or for conduct or a condition that was not disclosed to the Attorney General prior to the alien’s admission as a nonimmigrant under such section 101(a)(15)(T)(i). 

 

(f) ADJUSTMENT TO PERMANENT RESIDENT STATUS- Section 245 of such Act (8 U.S.C 1255) is amended by adding at the end the following new subsection: 

 

“(l)(1) If, in the opinion of the Attorney General, a nonimmigrant admitted into the United States under section 

101(a)(15)(T)(i)-- 

 

“(A) has been physically present in the United States for a continuous period of at least 3 years since the date of admission as a nonimmigrant under section 101(a)(15)(T)(i), 

 

“(B) has, throughout such period, been a person of good moral character, and 

 

“(C)(i) has, during such period, complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking, or 

 

“(ii) the alien would suffer extreme hardship involving unusual and severe harm upon removal from the United States, the Attorney General may adjust the status of the alien (and any person admitted under that section as the spouse, parent, or child of the alien) to that of an alien lawfully admitted for permanent residence. 

 

“(2) Paragraph (1) shall not apply to an alien admitted under section 101(a)(15)(T) who is inadmissible to the United States by reason of a ground that has not been waived under section 212, except that, if the Attorney General considers it to be in the national interest to do so, the Attorney General, in the Attorney General’s discretion, may waive the application of-- 

 

“(A) paragraphs (1) and (4) of section 212(a); and 

 

“(B) any other provision of such section (excluding paragraphs (3), (10)(C), and (10(E)), if the activities rendering the alien inadmissible under the provision were caused by, or were incident to, the victimization described in section 101(a)(15)(T)(i)(I). 

 

“(2) An alien shall be considered to have failed to maintain continuous physical presence in the United States under paragraph (1)(A) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days. 

 

“(3)(A) The total number of aliens whose status may be adjusted under paragraph (1) during any fiscal year may not exceed 5,000. 

 

“(B) The numerical limitation of subparagraph (A) shall only apply to principal aliens and not to the spouses, sons, daughters, or parents of such aliens. 

 

“(4) Upon the approval of adjustment of status under paragraph (1), the Attorney General shall record the alien’s lawful admission for permanent residence as of the date of such approval.”. 

 

(g) ANNUAL REPORTS- On or before October 31 of each year, the Attorney General shall submit a report to the 

appropriate congressional committees setting forth, with respect to the preceding fiscal year, the number, if any, of otherwise eligible applicants who did not receive visas under section 101(a)(15)(T) of the Immigration and Nationality Act, as added by subsection (e), or who were unable to adjust their status under section 245(l) of such 

Act, solely on account of the unavailability of visas due to a limitation imposed by section 214(n)(1) or 245(l)(4)(A)of such Act. 

 

SEC. 1513. PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING VICTIMS OF CRIMES AGAINST WOMEN. 

(c) CONDITIONS FOR ADMISSION AND DUTIES OF THE ATTORNEY GENERAL- Section 214 of such Act (8 U.S.C. 1184) (as amended by section 107 of this Act) is amended by adding at the end the following new subsection: 

 

“(o) REQUIREMENTS APPLICABLE TO SECTION 101(a)(15)(U) VISAS- 

 

“(1) PETITIONING PROCEDURES FOR SECTION 101(a)(15)(U) VISAS- The petition filed by an alien 

under section 101(a)(15)(U)(i) shall contain a certification from a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or local authority investigating criminal activity described in section 101(a)(15)(U)(iii). This certification may also be provided by an official of the Service whose ability to provide such certification is not limited to information concerning immigration violations. This certification shall state that the alien “has been helpful, is being helpful, or is likely to be helpful” in the investigation or prosecution of criminal activity described in section 101(a)(15)(U)(iii). 

 

“(2) NUMERICAL LIMITATIONS- 

 

“(A) The number of aliens who may be issued visas or otherwise provided status as nonimmigrants under section 101(a)(15)(U) in any fiscal year shall not exceed 10,000. 

 

“(B) The numerical limitations in subparagraph (A) shall only apply to principal aliens described in section 101(a)(15)(U)(i), and not to spouses, children, or, in the case of alien children, the alien parents of such children. 

 

“(3) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO “U” VISA NONIMMIGRANTS- With respect to nonimmigrant aliens described in subsection (a)(15)(U)-- 

 

“(A) the Attorney General and other government officials, where appropriate, shall provide those aliens with referrals to nongovernmental organizations to advise the aliens regarding their options while in the United States and the resources available to them; and 

 

“(B) the Attorney General shall, during the period those aliens are in lawful temporary resident status under that subsection, provide the aliens with employment authorization. 

 

“(4) CREDIBLE EVIDENCE CONSIDERED- In acting on any petition filed under this subsection, the consular officer or the Attorney General, as appropriate, shall consider any credible evidence relevant to the petition. 

 

“(5) NONEXCLUSIVE RELIEF- Nothing in this subsection limits the ability of aliens who qualify for status under section 101(a)(15)(U) to seek any other immigration benefit or status for which the alien may be eligible.”.