Page:United States Statutes at Large Volume 114 Part 2.djvu/741

 PUBLIC LAW 106-386—OCT. 28, 2000 114 STAT. 1477 (c) TRAFFICKING VICTIM REGULATIONS. —Not later than 180 days Deadline, 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 (5) 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,

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