Page:United States Statutes at Large Volume 122.djvu/5085

 12 2 STA T .506 2 PUBLIC LA W 110 –4 5 7—DE C.2 3, 200 8(C)maynotbe a p p li e d to an alien wh oi s not p r esent in the U nited S tates . (b) PAROLEF OR D ER IV A T IVE S OF T RAFFI CK I NGV ICTI M S. — Se c tion 240A (b) o f the I mmi g ration and N ationality Act ( 8 U.S.C. 1 22 9 b(b)) is amended by adding at the end the following

‘( 6 ) R ELATIVES OF TRAFFICKING VICTIMS.— ‘‘(A) IN GENERAL.—Upon written re qu estbyalaw enforcement official , the Secretary of H omeland Security may parole under section 212(d)( 5 )anyalienwhoisa relati v e of an alien granted continued presence under sec - tion 10 7 (c)( 3 )(A) of the Traffic k ing Victims Protection Act (22 U.S.C. 7105(c)(3)(A)), if the relative— ‘‘(i) was, on the date on which law enforcement applied for such continued presence— ‘‘(I) in the case of an alien granted continued presence who is under 21 years of age, the spouse, child, parent, or unmarried sibling under 18 years of age, of the alien or ‘‘(II) in the case of an alien granted continued presence who is 21 years of age or older, the spouse or child of the alien; or ‘‘(ii) is a parent or sibling of the alien who the requesting law enforcement official, in consultation with the Secretary of Homeland Security, as appro- priate, determines to be in present danger of retaliation as a result of the alien ’ s escape from the severe form of trafficking or cooperation with law enforcement, irrespective of age. ‘‘( B )D U RATION OF P AROLE.— ‘‘(i) IN GENERAL.—The Secretary may e x tend the parole granted under subparagraph (A) until the final ad j udication of the application filed by the principal alien under section 101(a)(15)(T)(ii). ‘‘(ii) O T H ER LIMITS ON D URATION.—If an application described in clause (i) is not filed, the parole granted under subparagraph (A) may extend until the later of— ‘‘(I) the date on which the principal alien’s authority to remain in the United States under section 107(c)(3)(A) of the Trafficking Victims Protection Act (22 U.S.C. 7105(c)(3)(A)) is termi- nated; or ‘‘(II) the date on which a civil action filed by the principal alien under section 1595 of title 18, United States Code, is concluded. ‘‘(iii) DUE DILIGENCE.— F ailure by the principal alien to exercise due diligence in filing a visa petition on behalf of an alien described in clause (i) or (ii) of subparagraph (A), or in pursuing the civil action described in clause (ii)(II) (as determined by the Sec- retary of Homeland Security in consultation with the Attorney G eneral), may result in revocation of parole. ‘‘(C) OTHER LIMITATIONS.—A relative may not be granted parole under this paragraph if— ‘‘(i) the Secretary of Homeland Security or the Attorney General has reason to believe that the rel- ative was knowingly complicit in the trafficking of

�