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This statute is provided for your convenience but is not the official version. For the official U.S. Code please see: http://uscode.house.gov/. For official public laws please see: http://thomas.loc.gov/.
The LSC provisions of the Victims of Trafficking Protection Act appear at Pub. L. 106-386, 107(b) and (e) (2000) as amended by Pub. L. 108-193, 4 (2003). They are codified in Title 22 of the U.S. Code with reference to definitions appearing in Title 8, reprinted below.
See LSC Program Letter 05-2 for implementation guidance.
TITLE 22. FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 78. TRAFFICKING VICTIMS PROTECTION
See 22 U.S.C. 7101 et. seq. for the full provisions of this law.
7105. Protection and assistance for victims of trafficking
(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, or an alien classified as a nonimmigrant under section 1101(a)(15)(T)(ii) of title 8, 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 1157 of title 8.
(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, and aliens classified as a nonimmigrant under section 1101(a)(15)(T)(ii) of title 8, without regard to the immigration status of such victims. In the case of nonentitlement programs funded by the Secretary of Health and Human Services, such benefits and services may include services to assist potential victims of trafficking in achieving certification and to assist minor dependent children of victims of severe forms of trafficking in persons or potential victims of trafficking.
(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 7102(8) of this title as in effect on the date of the enactment of this Act [enacted Oct. 28, 2000]; and
(ii) (I) who has not attained 18 years of age; or
(II) who is the subject of a certification under subparagraph (E).
(D) Repealed. Pub. L. 108–193, 6(a)(2), Dec. 19, 2003, 117 Stat. 2880
(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 1101(a)(15)(T) of title 8 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.
(iv) Assistance to investigations. In making the certification described in this subparagraph with respect to the assistance to investigation or prosecution described in clause (i)(I), the Secretary of Health and Human Services shall consider statements from State and local law enforcement officials that the person referred to in subparagraph (C)(ii)(II) has been willing to assist in every reasonable way with respect to the investigation and prosecution of State and local crimes such as kidnapping, rape, slavery, or other forced labor offenses, where severe forms of trafficking appear to have been involved.
(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.
TITLE 8. ALIENS AND NATIONALITY
CHAPTER 12. IMMIGRATION AND NATIONALITY
GENERAL PROVISIONS
January 27, 2006
1101 (a) As used in this chapter-
(15) The term "immigrant" means every alien except an alien who is within one of the following classes of nonimmigrant aliens-
(T) and, if the Attorney General (or with respect to clause (ii), the Secretary of State and the Attorney General jointly) considers it to be appropriate, the spouse, married and unmarried sons and daughters, and parents of an alien described in clause (i) or (ii) if accompanying, or following to join, the alien;
(i) subject to section 1184(o) of this title, an alien who the Secretary of Homeland Security, or in the case of subclause (III)(aa) the Secretary of Homeland Security and the Attorney General jointly[;] determines-
(I) is or has been a victim of a severe form of trafficking in persons, as defined in section 7102 of title 22,
(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 Federal, State, or local investigation or prosecution of acts of trafficking or the investigation of crime where acts of trafficking are at least one central reason for the commission of that crime; or
(bb) has not attained 18 years of age, and
(IV) the alien would suffer extreme hardship involving unusual and severe harm upon removal;
(ii) if accompanying, or following to join, the alien described in clause (i)-
(I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien; or
(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; and
(iii) if the Secretary of Homeland Security, in his or her discretion and with the consultation of the Attorney General, determines that a trafficking victim, due to psychological or physical trauma, is unable to cooperate with a request for assistance described in clause (i)(III)(aa), the request is unreasonable.
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