§ 7105.
(c)
Trafficking victim regulations
Not later than 180 days after October 28, 2000, the Attorney General, the Secretary of Homeland Security 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. To the extent practicable, victims of severe forms of trafficking shall have access to information about federally funded or administered anti-trafficking programs that provide services to victims of severe forms of trafficking.
(3)
Authority to permit continued presence in the United States
(A)
Trafficking victims
(i)
In general
If a Federal law enforcement official files an application stating that an alien is a victim of a severe form of trafficking and may be a potential witness to such trafficking, the Secretary of Homeland Security may permit the alien to remain in the United States to facilitate the investigation and prosecution of those responsible for such crime.
(ii)
Safety
While investigating and prosecuting suspected traffickers, Federal law enforcement officials described in clause (i) shall endeavor to make reasonable efforts to 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.
(iii)
Continuation of presence
The Secretary shall permit an alien described in clause (i) who has filed a civil action under section 1595 of title 18 to remain in the United States until such action is concluded. If the Secretary, in consultation with the Attorney General, determines that the alien has failed to exercise due diligence in pursuing such action, the Secretary may revoke the order permitting the alien to remain in the United States.
(iv)
Exception
Notwithstanding clause (iii), an alien described in such clause may be deported before the conclusion of the administrative and legal proceedings related to a complaint described in such clause if such alien is inadmissible under paragraph (2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i), (3)(A)(iii), (3)(B), or (3)(C) of section 1182(a) of title 8.
(B)
Parole for relatives
Law enforcement officials may submit written requests to the Secretary of Homeland Security, in accordance with section 1229b(b)(6) of title 8, to permit the parole into the United States of certain relatives of an alien described in subparagraph (A)(i).
(C)
State and local law enforcement
The Secretary of Homeland Security, in consultation with the Attorney General, shall—
(i)
develop materials to assist State and local law enforcement officials in working with Federal law enforcement to obtain continued presence for victims of a severe form of trafficking in cases investigated or prosecuted at the State or local level; and
(ii)
distribute the materials developed under clause (i) to State and local law enforcement officials.
(4)
Training of Government personnel
(A)
In general
Appropriate personnel of the Department of State, including members of the Service (as such term is defined in section 3903 of this title), the Department of Homeland Security, the Department of Health and Human Services, the Department of Labor, the Equal Employment Opportunity Commission, and the Department of Justice shall be trained in identifying victims of severe forms of trafficking and providing for the protection of such victims, including juvenile victims. The Attorney General and the Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall provide training to State and local officials to improve the identification and protection of such victims.
(B)
Training components
Training under this paragraph shall include—
(i)
a distance learning course on trafficking-in-persons issues and the Department of State’s obligations under this Act, which shall be designed for embassy reporting officers, regional bureaus’ trafficking-in-persons coordinators, and their superiors;
(ii)
specific trafficking-in-persons briefings for all ambassadors and deputy chiefs of mission before such individuals depart for their posts;
(iii)
at least annual reminders to all personnel referred to in clauses (i) and (ii), including appropriate personnel from other Federal departments and agencies, at each diplomatic or consular post of the Department of State located outside the United States of—
(I)
key problems, threats, methods, and warning signs of trafficking in persons specific to the country or jurisdiction in which each such post is located; and
(II)
appropriate procedures to report information that any such personnel may acquire about possible cases of trafficking in persons; and
(iv)
a discussion clarifying that an individual who knowingly solicits or patronizes a commercial sex act from a person who was a minor (consistent with
section 1591(c) of title 18) or was subject to force, fraud, or coercion is guilty of an offense under chapter 77 of title 18 and is a party to a human trafficking offense.
([Pub. L. 106–386, div. A, § 107], Oct. 28, 2000, [114 Stat. 1474]; [Pub. L. 107–228, div. A, title VI, § 682(a)], Sept. 30, 2002, [116 Stat. 1409]; [Pub. L. 108–193], §§ 4(a)(1)–(3), 6(a)(2), 8(b)(2), Dec. 19, 2003, [117 Stat. 2877], 2880, 2887; [Pub. L. 109–162, title VIII, § 804], Jan. 5, 2006, [119 Stat. 3055]; [Pub. L. 109–164, title I, § 102(a)], Jan. 10, 2006, [119 Stat. 3560]; [Pub. L. 110–457, title I, § 104], title II, §§ 205(a)(1), 212, 213(a)(1), (3), Dec. 23, 2008, [122 Stat. 5046], 5060, 5063, 5064, 5066; [Pub. L. 113–4, title XII], §§ 1203(b), 1234, Mar. 7, 2013, [127 Stat. 139], 146; [Pub. L. 114–22, title I, § 102], title II, §§ 224, 231, title VI, § 603, May 29, 2015, [129 Stat. 230], 250, 259; [Pub. L. 114–271, § 1(a)], (b), Dec. 14, 2016, [130 Stat. 1398]; [Pub. L. 115–392, § 18(b)], Dec. 21, 2018, [132 Stat. 5258]; [Pub. L. 115–393, title III, § 302], title V, § 501(c), Dec. 21, 2018, [132 Stat. 5272], 5276; [Pub. L. 115–425, title I, § 103], Jan. 8, 2019, [132 Stat. 5475].)