Sec. 401. Training
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Personnel of the Department of Homeland Security, the Department of Justice and the State Department who are in a position to come in contact with alien victims of crime shall be trained in identifying, making determinations regarding and providing for the protection of crime victims who have or may be eligible to apply for relief under Immigration and Nationality Act sections 101(a)(15)(T), 101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 710 ).
Trainings developed under this paragraph shall include information on the range of forms of immigration relief available to help immigrant crime victims and the requirements of VAWA confidentiality 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ). Officials to receive ongoing training include but are not limited to— Department of Justice— immigration judges; the Board of Immigration Appeals; and officials responsible for investigating, prosecuting and adjudicating VAWA confidentiality violations of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 );
Department of Homeland Security— the Administrative Appeals Unit employees; VAWA Unit employees; officials responsible for investigating, prosecuting and adjudicating VAWA confidentiality violations of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ); personnel involved in immigration enforcement at Immigration and Customs Enforcement and Customs and Border Patrol; Immigration and Customs Enforcement trial attorneys; and all personnel involved in managing or supervising the VAWA Unit or ICE trial attorneys; and Department of State— consular officials; and officials responsible for coordination of State Department efforts regarding application for relief under Immigration and Nationality Act sections 101(a)(15)(T), 101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 710 ).
Any training program conducted in satisfaction of the requirement of paragraph
(a)has been or will be developed with input from and in collaboration nonprofit, nongovernmental experts with experience working with immigrant victims of domestic violence, sexual assault, or human trafficking. Within 180 days after the effective date of this act, the Secretary of the Department of Homeland Security, the Attorney General, and the Department of State shall in consultation with the Office of Policy and Strategy of U.S. Citizenship and Immigration Services shall establish program for ongoing training described in paragraph
(a)and shall craft and implement policies and protocols on the appropriate handling of cases involving victims described in or who have filed cases under Immigration and Nationality Act sections 101(a)(15)(T), 101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims 14 Protection Act of 2000 ( 22 U.S.C. 710 ). All policies and procedures developed pursuant to this section shall be made publically available and posted on the DHS website. It is the Sense of Congress that all States should promulgate victim-advocate privilege laws and that State victim-advocate privilege laws should be implemented in a manner that extends victim-advocate privilege to accredited representatives working for community-based organizations recognized by the Board of Immigration Appeals in the representation of victims in cases filed with the Department of Homeland Security, the Board of Immigration Appeals or immigration judges. Within 180 days of enactment, the Board of Immigration Appeals shall amend 8 C.F.R. 292.1(a)(4) to extend privilege co-extensive with attorney client privilege to accredited representatives and qualified recognized organizations to whom the Board of Immigration Appeals has provided recognition or accreditation.
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- 22 USC 710
- 8 CFR 292.1(a)(4)
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