Continued Presence Improvement Act

Section 107(c)(3) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) is amended—

(1) in subparagraph (A)—

(A) by amending clause (i) to read as follows:

If a law enforcement official files an application stating that an alien may be a victim of a severe form of trafficking, the Secretary of Homeland Security may permit the alien to remain in the United States to facilitate the investigation or prosecution of a trafficking-related offense.

(B) by redesignating clause (iv) as clause (v);

(C) by redesignating clause (ii) as clause (iv) and moving such clause so that it appears immediately after clause (iii);

(D) by striking clause (iii) and inserting the following:

The Secretary of Homeland Security shall permit an alien who is a victim of a severe form of trafficking and has filed a civil action under section 1595 of title 18 to remain in the United States until such action is concluded. If the Secretary, after consultation with the Attorney General, determines that the alien has failed to exercise due diligence in pursuing such action, the Secretary may revoke the order permitting the alien to remain in the United States.

The Secretary of Homeland Security shall grant continued presence under this subparagraph for a period of not less than 2 years and may extend such status beyond 2 years, at the discretion of the Secretary. If the alien has a pending immigration benefit application, continued presence shall be extended until such application is approved, withdrawn, or denied upon final appeal, unless the Secretary determines that continued presence is no longer warranted.

(E) in clause (iv), as redesignated, by striking Federal law enforcement officials described in clause (i) and inserting law enforcement officials; and

(F) by adding at the end the following:

During the period the alien is authorized to remain in the United States under this paragraph, the Secretary of Homeland Security shall—

(I) authorize the alien to engage in employment in the United States; and

(II) provide the alien with an employment authorized endorsement or other appropriate work permit.

While a grant of continued presence is in effect under this paragraph, Federal law enforcement officials may only take civil immigration enforcement actions against an alien described in clause (i) or (iii)—

(I) based on conduct committed after continued presence is authorized; and

(II) following consultation with the law enforcement official who filed the application for continued presence.

(2) in subparagraph (B)—

(A) by striking Law enforcement and inserting the following:

Law enforcement

(B) in clause (i), as redesignated, by striking subparagraph (A)(i) and inserting clause (i) or (iii) of subparagraph (A); and

(C) by adding at the end the following:

Law enforcement officials may submit written requests to the Secretary of Homeland Security for deferred action and employment authorization for certain relatives of any alien whose continued presence is permitted under clause (i) or (iii) of subparagraph (A).

(3) by amending subparagraph (C) to read as follows:; and

The Secretary of Homeland Security, the Secretary of State, the Secretary of Labor, the Secretary of Health and Human Services, the Attorney General, and the Commissioner of the Equal Employment Opportunity Commission shall—

(i) develop policies and procedures for their respective agency that encourage the use of and immediate application for continued presence by the respective agency upon identification of an individual covered under subparagraph (A)(i) in appropriate cases;

(ii) develop materials, in consultation with the Secretary of Homeland Security, to encourage and assist their respective Federal agency personnel and other law enforcement officials to request continued presence in appropriate cases; and

(iii) distribute the materials developed pursuant to clause (ii) and provide training on such materials to their respective Federal agency personnel and other law enforcement officials.

(4) by adding at the end the following:

In this paragraph, the term law enforcement official means any employee of a Federal, State, Tribal, territorial, or local law enforcement agency, labor agency, children’s protective services agency, or other civil, criminal, judicial or administrative authority that has responsibility and authority for the detection, investigation, or prosecution of severe forms of trafficking in persons.

The Secretary of Homeland Security shall promulgate regulations to implement the amendments made by subsection (a).