Page:United States Statutes at Large Volume 117.djvu/2897

 117 STAT. 2878

PUBLIC LAW 108–193—DEC. 19, 2003 such as kidnapping, rape, slavery, or other forced labor offenses, where severe forms of trafficking appear to have been involved.’’. (4) PRIVATE RIGHT OF ACTION.— (A) IN GENERAL.—Chapter 77 of part I of title 18, United States Code, is amended by adding at the end the following new section:

‘‘§ 1595. Civil remedy ‘‘(a) An individual who is a victim of a violation of section 1589, 1590, or 1591 of this chapter may bring a civil action against the perpetrator in an appropriate district court of the United States and may recover damages and reasonable attorneys fees. ‘‘(b)(1) Any civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim. ‘‘(2) In this subsection, a ‘criminal action’ includes investigation and prosecution and is pending until final adjudication in the trial court.’’. (B) CONFORMING AMENDMENT.—The table of contents of chapter 77 of part I of title 18, United States Code, is amended by adding at the end the following new item: ‘‘1595. Civil remedy.’’.

(b) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.— (1) NONIMMIGRANT ALIEN CLASSES.—Section 101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended— (A) in clause (i)(III)(bb), by striking ‘‘15 years of age,’’ and inserting ‘‘18 years of age,’’; and (B) in clause (ii)(I), by inserting ‘‘unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause,’’ before ‘‘and parents’’. (2) ADMISSION OF NONIMMIGRANTS.—Section 214(n) of the Immigration and Nationality Act (8 U.S.C. 1184(n)) is amended— (A) in paragraph (3), by inserting ‘‘siblings,’’ before ‘‘or parents’’; and (B) by adding at the end the following: ‘‘(4) An unmarried alien who seeks to accompany, or follow to join, a parent granted status under section 101(a)(15)(T)(i), and who was under 21 years of age on the date on which such parent applied for such status, shall continue to be classified as a child for purposes of section 101(a)(15)(T)(ii), if the alien attains 21 years of age after such parent’s application was filed but while it was pending. ‘‘(5) An alien described in clause (i) of section 101(a)(15)(T) shall continue to be treated as an alien described in clause (ii)(I) of such section if the alien attains 21 years of age after the alien’s application for status under such clause (i) is filed but while it is pending. ‘‘(6) In making a determination under section 101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements from State and local law enforcement officials that the alien has complied with any reasonable request for assistance in the investigation or prosecution of crimes such as kidnapping, rape, slavery, or other forced labor offenses, where severe forms of trafficking in persons

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