Page:United States Statutes at Large Volume 119.djvu/3072

 119 STAT. 3054

PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(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.’’. (b) TREATMENT OF SPOUSES AND CHILDREN OF VICTIMS OF ABUSE.—Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended— (1) in clause (i), by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland Security’’; and (2) by amending clause (ii) to read as follows: ‘‘(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’’. (c) TECHNICAL AMENDMENTS.—Section 101(i) of the Immigration and Nationality Act (8 U.S.C. 1101(i)) is amended— (1) in paragraph (1), by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland Security, the Attorney General,’’; and (2) in paragraph (2), by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland Security’’. SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF TRAFFICKING IN PERSONS.

(a) IN GENERAL.—Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the end the following: ‘‘(V) VICTIMS OF A SEVERE FORM OF TRAFFICKING IN PERSONS.—Clause (i) shall not apply to an alien who demonstrates that the severe form of trafficking (as that term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) was at least one central reason for the alien’s unlawful presence in the United States.’’. (b) TECHNICAL AMENDMENT.—Paragraphs (13) and (14) of section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) are amended by striking ‘‘Attorney General’’ each place it appears and inserting ‘‘Secretary of Homeland Security’’. SEC. 803. ADJUSTMENT OF STATUS.

(a) VICTIMS OF TRAFFICKING.—Section 245(l) of the Immigration and Nationality Act (8 U.S.C. 1255(l)) is amended— (1) in paragraph (1)— (A) by striking ‘‘Attorney General’’ each place it appears and inserting ‘‘Secretary of Homeland Security, or in the case of subparagraph (C)(i), the Attorney General,’’; and (B) in subparagraph (A), by inserting at the end ‘‘or has been physically present in the United States for a continuous period during the investigation or prosecution

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