Sec. 202. Protections for trafficking victims
1,319 words·~6 min read·
/bill/113/hr/629/ih/section-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 204(a)(1)(A)(iv) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended— by striking or who the first place it appears and inserting , who ; by inserting who was a child of a United States citizen parent (i)(I) who died within the past 2 years; or
(II)who died when the child was under 18 years of age and the child filed a petition under this subsection not later than 2 years after the child reached the age of 18 years, or
(ii)whose marriage to the child’s alien parent was terminated, including by divorce, annulment, or by death of the alien parent or the United States citizen parent before , and who is a person of good moral character, ; and by striking (and any child of the alien) and inserting (and any spouse or child of the alien) . Section 204(a)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(B) ) is amended— in clause (iii)— by striking or who and inserting who ; by inserting or who was a child of a lawful permanent resident parent (I)(aa) who within the past 2 years; or
(II)who died when one child was under 18 years of age and the child filed a petition under this subsection no later than 2 years after the child reached the age of 18 before , and who is a person of good moral character, ; and by striking (and any child of the alien) and inserting (and any spouse or child of the alien) ; and in clause (ii)(II)(aa)(CC)— in subsubitem (aaa), by striking or ; in subsubitem (bbb), by striking the semicolon at the end and inserting ; or ; and by adding at the end the following: whose spouse died within the past 2 years. . Section 204(a)(1)(D)(v) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)(v)) is amended by inserting after who is not less than 21 years of age, the following: (and the individual’s spouse and children) . Section 204(l) of the Immigration and Nationality Act ( 8 U.S.C. 1165(l) ) is amended— in paragraph (1), by striking who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States ; and in paragraph (2)(E), to read as follows: an alien described in section 101(a)(15)(T)(ii) whose qualifying relative has been admitted in nonimmigrant status described in section 101(a)(15)(T)(i); an alien described in section 101(a)(15)(U)(ii) whose qualifying relative has been admitted in nonimmigrant status described in section 101(a)(15)(U)(i); or an alien who is a VAWA self-petitioner. . Except as provided in subparagraph (B), the amendments made by paragraphs
(1)and
(2)shall take effect on the date of enactment of this Act and shall apply to petitions filed on or after that date. In applying the amendments made by paragraphs
(1)and (2)(A) in the case of an alien whose citizen or lawful permanent resident parent died during the period beginning on the date that is 2 years prior to the date of enactment of Violence Against Women Reauthorization Act of 2005, and ending on the date of enactment of this Act— section 204(a)(1)(A)(iv) and section 204(a)(1)(B)(iii) of the Immigration and Nationality Act shall each be applied as though the phrase within the past two years were the period described in section 202(d)(5)(B) of the Violence Against Immigrant Women Act of 2012 ; a petition under either such section shall be filed not later than the later of— 2 years after the date of enactment of this Act; or the 2 years after the date the alien attains 18 years of age; and the determination of eligibility of an alien child for benefits under either such section (including under section 204(a)(1)(D) of such Act, by reason of a petition authorized under such section) shall be determined as of the date of the death of the citizen or lawful permanent resident parent. Section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ) is amended— in paragraph (2)(C)— in clause (i), by striking or at the end; in clause (ii), by striking the period at the end and inserting ; or ; and by adding at the end the following: was apprehended without a parent or legal guardian and is not reunified with a parent or legal guardian within 72 hours thereafter. ; and by adding at the end the following: Reunification with a parent or legal guardian or next friend does not affect the child’s unaccompanied status for the duration of the child’s immigration proceedings. . Section 235(c)(2) of the Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: The Secretary of Homeland Security shall permit the continuation of care plans developed by the Office of Refugee Resettlement’s division of Unaccompanied Children’s Services to ensure their continued protected status after they turn 18, in an arrangement that is the least restrictive possible. The provisions of this paragraph apply to an unaccompanied alien child until such child attains 21 years of age, including those provisions providing for continued authorization of placement of that child. . Section 235(c)(1) of the Trafficking Victims Protection Reauthorization Act of 2008 is amended to read as follows: The Secretary of Health and Human Services, Secretary of Homeland Security, Attorney General, and Secretary of State shall establish policies and programs to ensure that unaccompanied alien children in the United States are protected from traffickers and other persons seeking to victimize or otherwise engage such children in criminal, harmful, or exploitative activity, including policies and programs reflecting best practices in witness security programs. In order to protect unaccompanied alien children in the United States, information acquired by any person, including officers or employees of the Department of Health and Human Services, case managers, or others in connection with providing services or treatment to children in the custody of the Secretary of Health and Human Services, including any contracted social service entity, shall have be afforded confidentiality protections under VAWA confidentiality ( 8 U.S.C. 1367 ) and the Health Insurance Portability and Accountability Act. . Section 235(d)(6) of the Trafficking Victims Protection Reauthorization Act of 2008 is amended to read as follows: Notwithstanding any other provision of law, an alien described in section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) ) may not be denied special immigrant status under such section or have such status revoked after the date of the enactment of this Act based on age or whether the alien continues to be under State or juvenile court jurisdiction if the alien was a child and under State or juvenile court jurisdiction on the date on which the alien applied for such status. . Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended— by striking 1 or both and inserting at least one ; by inserting after State law the following: regardless of whether the immigrant lives with the non-offending parent; ; and by inserting after custody of the following: a non-offending parent of the immigrant . Section 107(b)(1)(B) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(b)(1) ) is amended by adding and victims of human trafficking who qualify for other forms of immigration relief after 101(a)(15)(T)(ii) . Section 1592 of title 18, United States Code, is amended— in subsection (a)(2) by deleting or at the end; in subsection (a)(3) by adding or at the end; and by inserting after paragraph
(3)of subsection
(a)the following: for more than 32 hours shall be subject to a rebuttable presumption that they are withholding the passport of another person against that persons will in violation of this section, but it is not a violation of this section to obtain a person’s passport for up 32 hours for the purpose of complying with Federal or State government requirements; .
Connectionstraces to 5
1 reference not yet in our index
- 8 USC 1165(l)
Citation graph
cites case law
Sec. 202
Protections for trafficking victims
Cite8 USC 1165(l)
Cites 6Cited by 0 across 0 sources