Sidebilder
PDF
ePub

PART 1100-TRAFFICKING IN

PERSONS

Subpart A [Reserved]

Subpart B-Victims of Severe Forms of

Trafficking in Persons Sec. 1100.25 Definitions. 1100.27 Purpose and scope. 1100.29 The roles and responsibilities of fed

eral law enforcement, immigration, and Department of State officials under the Trafficking Victims Protection Act

(TVPA). 1100.31 Procedures for protecting and pro

viding services to victims of severe forms of trafficking in persons in federal cus

tody. 1100.33 Access to information and trans

lation services for victims of severe

forms of trafficking in persons. 1100.35 Authority to permit continued pres

ence in the United States for victims of

severe forms of trafficking in persons. 1100.37 Requirements to train appropriate

personnel in identifying and protecting victims of severe forms of trafficking in

persons. AUTHORITY: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1104, 1252; 22 U.S.C. 7101, 7105; 42 U.S.C. 10606 and 10607; and section 107(c) of Public Law 106-386 (114 Stat. 1464, 1477).

SOURCE: 66 FR 38518, July 24, 2001, unless otherwise noted.

Coercion means threats of serious harm to or physical restraint against any person; or any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or the abuse or threatened abuse of law or the legal process (22 U.S.C. 7102).

Commercial sex act means any sex act on account of which anything of value is given to or received by any person (22 U.S.C. 7102).

Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined (22 U.S.C. 7102).

Family members of victims of severe forms of trafficking in persons means spouses, children, parents, or siblings whom traffickers have targeted or are likely to target and for whom protections from harm may reasonably be provided. At the discretion of the responsible official, this classification may be extended to include other family members. This definition is only applicable to the protections from harm referred to in this subpart.

Federal custody means that statutory detention and custodial authority exercised by personnel of federal agencies, bureaus, boards, divisions, programs, and offices.

Federal victims' rights legislation means the following statutes, amended: the Victim and Witness Protection Act of 1982 (VWPA), Public Law 97–291, 96 Stat. 1248; the Victims of Crime Act of 1984, Public Law 98-473, 98 Stat. 2170; the Victims Rights and Restitution Act of 1990, Public Law 101-647, 104 Stat. 4820; the Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322, 108 Stat. 1796; the Antiterrorism and Effective Death Penalty Act of 1996, Public Law 104-132, 110 Stat. 1214; the Victim Rights Clarification Act of 1997, Public Law 105-6, 111 Stat. 12; and the Victims of Trafficking and Violence Protection Act of

Subpart A [Reserved]

Subpart B-Victims of Severe Forms of Trafficking in Persons

as

$ 1100.25 Definitions.

In this subpart, the following definitions apply:

Admission and Admitted mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer (8 U.S.C. 1101).

Alien means any person not a citizen or national of the United States (8 U.S.C. 1101).

Attorney General Guidelines means the Attorney General Guidelines for Victim and Witness Assistance 2000, which contain a policy guidance on how to treat crime victims and witnesses; these guidelines are available through the Internet on the Department of Justice's website.

2000 (VTVPA), Public Law 106-386, 114 Stat. 1464.

INA means the Immigration and Nationality Act, 8 U.S.C. 1101 et seq.

Involuntary servitude includes a condition of servitude induced by means of any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or the abuse or threatened abuse of the legal process (22 U.S.C. 7102).

Responsible official refers to the agency official designated to provide the services described in 42 U.S.C. 10607(a).

Section 107(c) means section 107(c) of TVPA, Division A of Public Law 106– 386.

Services to victims refer to those services to be provided pursuant to 42 U.S.C. 10607(c), unless otherwise specified in the TVPA or this subpart.

Severe forms of trafficking in persons means sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery (22 U.S.C. 7102).

Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act (22 U.S.C. 7102).

TVPA means the Trafficking Victims Protection Act of 2000, Public Law 106 386, Division A, October 28, 2000, 114 Stat. 1464, as amended, 22 U.S.C. 7105,

$1100.27 Purpose and scope.

(a) Under section 107(c) of the TVPA, both the Department of Justice (DOJ) and the Department of State (DOS) have been directed to promulgate regulations to implement the following:

(1) Procedures for appropriate federal employees to ensure, to the extent practicable, that victims of severe forms of trafficking in persons are housed in a manner appropriate to their status as crime victims, afforded proper medical care and other assistance, and protected while in federal custody, in accordance with their status as victims of severe forms of trafficking in persons;

(2) Procedures to provide victims of severe forms of trafficking in persons with access to information about their rights and with translation services;

(3) Procedures for federal law enforcement officials to request that certain victims of severe forms of trafficking in persons, who are aliens and are also potential witnesses, be permitted to remain in the United States to effectuate the prosecution of those responsible, and procedures to protect their safety, including taking measures to protect victims of severe forms of trafficking in persons and their family members from intimidation, threats of reprisals, and reprisals from traffickers and their associates (these procedures should be appropriate to their status as victims of severe forms of trafficking in persons); and

(4) Training of appropriate DOJ and DOS personnel in identifying victims of severe forms of trafficking in persons, in understanding the particular needs common to victims of severe forms of trafficking in persons, and in providing for the protection of such victims.

(b) The regulations in this subpart apply to all federal law enforcement personnel, immigration officials and DOS officials, insofar as their duties involve investigating or prosecuting traffickers in persons, or may involve identifying, encountering or detaining victims of severe forms of trafficking in persons.

(c) The rights and protections made available to victims of severe forms of trafficking in persons under section

[blocks in formation]

107(c) supplement those rights and protections provided to victims and witnesses in federal victims' rights legislation as defined in this subpart. The intent of this subpart is to ensure that the protections available under the provisions of federal victims' rights legislation as well as the TVPA are fully provided to victims of severe forms of trafficking in persons, in keeping with their status as victims of severe forms of trafficking in persons. This subpart will ensure that these victims are identified as early as possible in the investigation and prosecution process, so that services and protections available to them under the laws of the United States are provided.

(d) The regulations under this subpart set forth the general procedures to ensure these rights are protected in cases involving victims of severe forms of trafficking in persons. All agencies, bureaus, boards, divisions, programs, and offices in the DOJ and the DOS with specific responsibilities under this subpart shall adopt such regulations and/or operating procedures as may be necessary to ensure compliance with section 107(c) and the requirements of this subpart.

trafficking in persons, appropriate DOS personnel, upon encountering victims of severe forms of trafficking in persons in foreign countries, should consider referrals to local law enforcement or service providers in the host country, but only if the local host country conditions support such actions.

(c) Federal law enforcement officials. Federal law enforcement officials who, during the performance of their duties, encounter a person whom they believe may be a victim of a severe form of trafficking in persons as defined by this subpart, are responsible for bringing such an individual to the attention of those federal law enforcement officials primarily responsible for enforcing trafficking laws, specifically INS or FBI. In addition, DOS's Diplomatic Security Service has investigative authority in visa and passport fraud cases that may involve trafficking in persons. Federal law enforcement officials also include federal law enforcement personnel working cooperatively with law enforcement officials who have primary investigative jurisdiction in such trafficking cases. Each federal agency having law enforcement responsibilities should ensure that its officers are trained in identifying victims of severe forms of trafficking in persons, and are familiar with the rights, services, and protections such victims are to be accorded under the TVPA and 42 U.S.C. 10606 and 10607.

81100.29 The roles and responsibilities

of federal law enforcement, immigration, and Department of State officials under the Trafficking Vic

tims Protection Act (TVPA). (a) Department of Justice officials. The various agencies, bureaus, boards, divisions, programs, and offices of the DOJ have most of the responsibilities assigned by section 107(c). The goals of section 107(c) are to identify victims of severe forms of trafficking in persons as early as possible in the investigation and prosecution process, to ensure efforts are made to see that such victims are accorded the rights described in 42 U.S.C. 10606, and to provide the protections and services required under 42 U.S.C. 10607 and under the TVPA.

(b) Department of State officials. Department of State missions throughout the world are often the initial contact for aliens in foreign countries who wish to come to the United States. Appropriate DOS personnel should be trained in identifying victims of severe forms of trafficking in persons. Furthermore, considering the international nature of

81100.31 Procedures for protecting

and providing services to victims of severe forms of trafficking in per

sons in federal custody. (a) While in federal custody, all victims of severe forms of trafficking in persons must be provided, to the extent practicable, the protections and services outlined in this section in accordance with their status as victims of severe forms of trafficking in persons. Under 42 U.S.C. 10607(a), each agency must designate officials who are responsible for identifying victims of crime and providing services to them. The designations appear in the Attorney General Guidelines. This responsibility also extends to those who are responsible for victims of severe forms of trafficking in persons while they are in federal custody.

(b) To the extent practicable and al- and protective orders, as set out in 18 lowed by law, alternatives to formal U.S.C. 1514, if practicable. If the vicdetention of victims of severe forms of tim's safety is at risk or if there is dantrafficking in persons should be consid- ger of the victim's recapture by the ered in every case. However, if deten- trafficker, the responsible official tion is required, victims of severe should take the following steps under forms of trafficking in persons in fed- the TVPA: eral custody, to the extent practicable,

(1) Use available practical and legal shall not be detained in facilities inap

measures to protect the trafficked vicpropriate to their status as crime vic

tim and family members from intimitims. The responsible official shall

dation, harm, and threats of harm; and make all efforts, where appropriate and

(2) Ensure that the names and identipracticable, to house those victims sep

fying information pertaining to trafarately from those areas in which criminals are detained. The responsible

ficked victims and family members are

not disclosed to the public. official must also provide protections and security to those victims as re

$ 1100.33 Access to information and quired by federal standards, policies,

translation services for victims of and procedures. Information on the fed

severe forms of trafficking in pereral prohibitions against intimidation

sons. and harassment, and the remedies available for such actions should rou

(a) All federal investigative, prosecu

torial, and correctional agencies entinely be made available to victims, (c) Victims of severe forms of traf

gaged in the detection, investigation, ficking in persons in federal custody

or prosecution of crime shall use their shall receive necessary medical care

best efforts to see that victims of seand other assistance. This care should

vere forms of trafficking in persons are include free optional testing for HIV accorded all rights under federal vicand other sexually transmitted dis- tims' rights legislation. In cases ineases in cases involving sexual assault volving severe forms of trafficking in or trafficking into the sex industry, as persons, federal officials should provide well as a counseling session by a medi- victims within the United States, as cally-trained professional on the accu- defined by this subpart, information racy of such tests and the risk of trans- about their rights and applicable servmission of sexually transmitted dis- ices, including: eases to the victim. Other forms of (1) Pro bono and low-cost legal servmental health counseling or social

ices, including immigration services; services also may be appropriate to ad

(2) Federal and state benefits and dress the trauma associated with traf

services (victims who are minors and ficking in persons.

adult victims who are certified by the (d) As mandated by 42 U.S.C. 10607,

United States Department of Health federal officials are responsible for ar

and Human Services (HHS) are eligible ranging for victims to receive reason

for assistance that is administered or able protection from a suspected of

funded by federal agencies to the same fender and persons acting in concert

extent as refugees; others may be eligiwith or at the behest of the suspected

ble for certain, more limited, benefits); offender. Federal law enforcement

(3) Victim service organizations, inagencies also should protect victims of a severe form of trafficking in persons

cluding domestic violence and rape crifrom harm and intimidation pursuant

sis centers;

(4) Protections available, especially to section 6 of the Victim and Witness Protection Act of 1982 and 18 U.S.C.

against threats and intimidation, and 1512 note. It may also be appropriate to

the remedies available as appropriate discuss with the victims the available

for the particular individual's cirremedies described in 18 U.S.C. 1512 and

cumstances; 1513. Federal officials also should em- (5) Rights of individual privacy and ploy civil procedures for protecting confidentiality issues; victims and witnesses, including appli- (6) Victim compensation and assistcation for temporary restraining orders ance programs;

« ForrigeFortsett »