22 U.S.C. § 7105
Protection and assistance for victims of trafficking
In establishing and conducting programs and initiatives described in paragraph (1), the Secretary of State and the Administrator of the United States Agency for International Development shall take all appropriate steps to enhance cooperative efforts among foreign countries, including countries of origin of victims of trafficking, to assist in the integration, reintegration, or resettlement, as appropriate, of victims of trafficking, including stateless victims. In carrying out this paragraph, the Secretary and the Administrator shall take all appropriate steps to ensure that cooperative efforts among foreign countries are undertaken on a regional basis and shall brief Congress annually on such efforts.
Notwithstanding title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [8 U.S.C. 1601 et seq.], an alien who is a victim of a severe form of trafficking in persons, or an alien classified as a nonimmigrant under section 1101(a)(15)(T)(ii) of title 8, shall be eligible for benefits and services under any Federal or State program or activity funded or administered by any official or agency described in subparagraph (B) to the same extent as an alien who is admitted to the United States as a refugee under section 1157 of title 8.
Subject to subparagraph (C) and, in the case of nonentitlement programs, to the availability of appropriations, the Secretary of Health and Human Services, the Secretary of Labor, the Board of Directors of the Legal Services Corporation, and the heads of other Federal agencies shall expand benefits and services to victims of severe forms of trafficking in persons in the United States, and aliens classified as a nonimmigrant under section 1101(a)(15)(T)(ii) of title 8, without regard to the immigration status of such victims. In the case of nonentitlement programs funded by the Secretary of Health and Human Services, such benefits and services may include services to assist potential victims of trafficking in achieving certification and to assist minor dependent children of victims of severe forms of trafficking in persons or potential victims of trafficking.
A certification referred to in subparagraph (C), with respect to a person described in clause (i)(II)(bb), shall be effective only for so long as the Secretary of Homeland Security determines that the continued presence of such person is necessary to effectuate prosecution of traffickers in persons.
In making the certification described in this subparagraph with respect to the assistance to investigation or prosecution described in clause (i)(I), the Secretary of Health and Human Services shall consider statements from State and local law enforcement officials that the person referred to in subparagraph (C)(ii)(II) has been willing to assist in every reasonable way with respect to the investigation and prosecution of State and local crimes such as kidnapping, rape, slavery, or other forced labor offenses, where severe forms of trafficking appear to have been involved.
Nothing in this section may be construed to require United States citizens or lawful permanent residents who are victims of severe forms of trafficking to obtain an official certification from the Secretary of Health and Human Services in order to access any of the specialized services described in this subsection or any other Federal benefits and protections to which they are otherwise entitled.
Upon receiving credible information that a child described in subparagraph (C)(ii)(I) who is seeking assistance under this paragraph may have been subjected to a severe form of trafficking in persons, the Secretary of Health and Human Services shall promptly determine if the child is eligible for interim assistance under this paragraph. The Secretary shall have exclusive authority to make interim eligibility determinations under this clause. A determination of interim eligibility under this clause shall not affect the independent determination whether a child is a victim of a severe form of trafficking.
The Secretary of Health and Human Services shall notify the Attorney General and the Secretary of Homeland Security not later than 24 hours after all interim eligibility determinations have been made under clause (i).
Assistance under this paragraph may be provided to individuals determined to be eligible under clause (i) for a period of up to 90 days and may be extended for an additional 30 days.
Before the expiration of the period for interim assistance under clause (iii), the Secretary of Health and Human Services shall determine if the child referred to in clause (i) is eligible for assistance under this paragraph.
In making a determination under subclause (I), the Secretary shall consult with the Attorney General, the Secretary of Homeland Security, and nongovernmental organizations with expertise on victims of severe form 1
If the Secretary, after receiving information the Secretary believes, taken as a whole, indicates that the child is eligible for assistance under this paragraph, the Secretary shall issue a letter of eligibility. The Secretary may not require that the child cooperate with law enforcement as a condition for receiving such letter of eligibility.
Not later than 24 hours after a Federal, State, or local official discovers that a person who is under 18 years of age may be a victim of a severe form of trafficking in persons, the official shall notify the Secretary of Health and Human Services to facilitate the provision of interim assistance under subparagraph (G).
The Federal share of a grant made under this paragraph may not exceed 75 percent of the total project cost. In general, this project match requirement may be satisfied by contributions or expenditures committed to improve victim support services that promote victim recovery and reintegration into society, provided that these contributions and expenditures are consistent with applicable grant requirements and approved project scope.
Victims of severe forms of trafficking shall have access to information about their rights and translation services. To the extent practicable, victims of severe forms of trafficking shall have access to information about federally funded or administered anti-trafficking programs that provide services to victims of severe forms of trafficking.
If a Federal law enforcement official files an application stating that an alien is a victim of a severe form of trafficking and may be a potential witness to such trafficking, the Secretary of Homeland Security may permit the alien to remain in the United States to facilitate the investigation and prosecution of those responsible for such crime.
While investigating and prosecuting suspected traffickers, Federal law enforcement officials described in clause (i) shall endeavor to make reasonable efforts to protect the safety of trafficking victims, including taking measures to protect trafficked persons and their family members from intimidation, threats of reprisals, and reprisals from traffickers and their associates.
The Secretary shall permit an alien described in clause (i) who 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, in 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.
Notwithstanding clause (iii), an alien described in such clause may be deported before the conclusion of the administrative and legal proceedings related to a complaint described in such clause if such alien is inadmissible under paragraph (2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i), (3)(A)(iii), (3)(B), or (3)(C) of section 1182(a) of title 8.
Law enforcement officials may submit written requests to the Secretary of Homeland Security, in accordance with section 1229b(b)(6) of title 8, to permit the parole into the United States of certain relatives of an alien described in subparagraph (A)(i).
Appropriate personnel of the Department of State, including members of the Service (as such term is defined in section 3903 of this title), the Department of Homeland Security, the Department of Health and Human Services, the Department of Labor, the Equal Employment Opportunity Commission, and the Department of Justice shall be trained in identifying victims of severe forms of trafficking and providing for the protection of such victims, including juvenile victims. The Attorney General and the Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall provide training to State and local officials to improve the identification and protection of such victims in order to fulfill the purposes described in section 20708 2
Nothing in subsection (c) shall be construed as creating any private cause of action against the United States or its officers or employees.
Nothing in this section, or in the amendments made by this section, shall be construed as prohibiting the Secretary of Homeland Security from instituting removal proceedings under section 1229a of title 8 against an alien admitted as a nonimmigrant under section 1101(a)(15)(T)(i) of title 8, as added by subsection (e), for conduct committed after the alien’s admission into the United States, or for conduct or a condition that was not disclosed to the Secretary of Homeland Security prior to the alien’s admission as a nonimmigrant under such section 1101(a)(15)(T)(i) of title 8.
The Secretary of Health and Human Services and the Attorney General, in consultation with the Secretary of Labor, shall establish a program to assist United States citizens and aliens lawfully admitted for permanent residence (as defined in section 1101(a)(20) of title 8) who are victims of severe forms of trafficking. In determining the assistance that would be most beneficial for such victims, the Secretary and the Attorney General shall consult with nongovernmental organizations that provide services to victims of severe forms of trafficking in the United States.
The Secretary of Health and Human Services and the Attorney General may award grants to States, Indian tribes, units of local government, and nonprofit, nongovernmental victim service organizations to develop, expand, and strengthen victim service programs authorized under this subsection.
The Federal share of a grant awarded under this paragraph may not exceed 75 percent of the total costs of the projects described in the application submitted by the grantee.
On or before October 31 of each year, the Secretary of Homeland Security shall submit a report to the appropriate congressional committees setting forth, with respect to the preceding fiscal year, the number, if any, of otherwise eligible applicants who did not receive visas under section 1101(a)(15)(T) of title 8, as added by subsection (e), or who were unable to adjust their status under section 1255(l) of title 8, solely on account of the unavailability of visas due to a limitation imposed by section 1184(o)(2) or 1255(l)(4)(A) of title 8.
Section 1101(a)(15)(T)(ii) of title 8, referred to in subsec. (b)(1)(A), (B), was in the original “section 101(a)(15)(T)(ii)”, and was translated as meaning section 101(a)(15)(T)(ii) of the Immigration and Nationality Act, act June 27, 1952, ch. 477, which is classified to section 1101(a)(15)(T)(ii) of title 8, to reflect the probable intent of Congress. Section 101 of Pub. L. 106–386 does not contain a subsec. (a)(15)(T)(ii), and section 101(a)(15)(T)(ii) of the Immigration and Nationality Act describes certain nonimmigrant aliens.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (b)(1)(A), is Pub. L. 104–193,
Section 7102(8) of this title as in effect on
Section 20708 of title 34, referred to in subsec. (c)(4)(A), was in the original a reference to section 111 of the Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. 109–162. Section 111 of Pub. L. 109–162 was redesignated as section 208 of the Trafficking Victims Protection Reauthorization Act of 2005, Pub. L. 109–164, and is classified to section 20708 of Title 34, Crime Control and Law Enforcement.
This Act, referred to in subsec. (c)(4)(B)(i), is the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106–386,
For the amendments made by this section, referred to in subsec. (e)(5), see Codification note below.
Section is comprised of section 107 of Pub. L. 106–386. Subsec. (e)(1)–(4) of section 107 of Pub. L. 106–386 amended sections 1101, 1182, and 1184 of Title 8, Aliens and Nationality, and second subsec. (f) of section 107 of Pub. L. 106–386 amended section 1255 of Title 8.
2024—Subsec. (b)(2)(C). Pub. L. 118–42 substituted “total project cost. In general, this project match requirement may be satisfied by contributions or expenditures committed to improve victim support services that promote victim recovery and reintegration into society, provided that these contributions and expenditures are consistent with applicable grant requirements and approved project scope” for “total costs of the projects described in the application submitted”.
2023—Subsec. (c)(4)(A). Pub. L. 117–347, § 101(b), inserted “in order to fulfill the purposes described in section 20708 of title 34” before period at end.
2022—Subsec. (b)(1)(B)(ii). Pub. L. 117–301 substituted “The contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) shall be posted as follows:” and subcls. (I) to (III) for “The number of the national human trafficking hotline described in this clause shall be posted in a visible place in all Federal buildings.”
2019—Subsec. (b)(2)(A). Pub. L. 115–425 substituted “programs for victims of human trafficking, including programs that provide trauma-informed care or housing options to such victims who are—” and cls. (i) to (iii) for “programs for victims of trafficking, including programs that provide housing to victims of trafficking.”
2018—Subsec. (b)(1)(B)(ii). Pub. L. 115–392 inserted at end “The number of the national human trafficking hotline described in this clause shall be posted in a visible place in all Federal buildings.”
Subsec. (b)(2)(D). Pub. L. 115–393, § 302, added subpar. (D).
Subsec. (c)(4)(B)(iv). Pub. L. 109–164, § 213(c), formerly Pub. L. 115–393, § 501(c), as renumbered by Pub. L. 117–347, § 101(b), added cl. (iv).
2016—Subsec. (b)(1)(B). Pub. L. 114–271, § 1(b), amended directory language of Pub. L. 114–22, § 603. See 2015 Amendment note below.
Subsec. (b)(1)(B)(ii). Pub. L. 114–271, § 1(a), struck out “of amounts made available for grants under paragraph (2),” before “the Secretary of Health and Human Services shall make grants”.
2015—Subsec. (b)(1)(B). Pub. L. 114–22, § 603, as amended by Pub. L. 114–271, § 1(b), designated existing provisions as cl. (i) and inserted heading and added cl. (ii).
Subsec. (b)(1)(F) to (H). Pub. L. 114–22, § 102, added subpar. (F), redesignated former subpars. (F) and (G) as (G) and (H), respectively, and, in subpar. (H), substituted “subparagraph (G)” for “subparagraph (F)”.
Subsec. (b)(2)(A). Pub. L. 114–22, § 224, inserted “, including programs that provide housing to victims of trafficking” before period at end.
Subsec. (c)(4). Pub. L. 114–22, § 231, designated existing provisions as subpar. (A) and inserted heading, inserted “, including members of the Service (as such term is defined in section 3903 of this title)” after “Department of State”, and added subpar. (B). Amendment was executed to this section, which is section 107 of the Trafficking Victims Protection Act of 2000, to reflect the probable intent of Congress, notwithstanding directory language purporting to amend section 105 of such Act, which is classified to section 7103 of this title and does not contain a subsec. (c)(4).
2013—Subsec. (a)(2). Pub. L. 113–4, § 1203(b), inserted “and shall brief Congress annually on such efforts” before period at end.
Subsec. (c)(4). Pub. L. 113–4, § 1234, inserted “the Department of Labor, the Equal Employment Opportunity Commission,” before “and the Department of Justice” in first sentence, and “, in consultation with the Secretary of Labor,” before “shall provide training” in second sentence.
2008—Subsec. (a)(1). Pub. L. 110–457, § 104(1)(A), inserted “, and shall be carried out in a manner which takes into account the cross-border, regional, and transnational aspects of trafficking in persons” after “as identified by the Task Force” in introductory provisions.
Subsec. (a)(1)(F). Pub. L. 110–457, § 104(1)(B), added subpar. (F).
Subsec. (a)(2). Pub. L. 110–457, § 104(2), inserted at end “In carrying out this paragraph, the Secretary and the Administrator shall take all appropriate steps to ensure that cooperative efforts among foreign countries are undertaken on a regional basis.”
Subsec. (b)(1)(E)(i)(I). Pub. L. 110–457, § 212(a)(1), inserted “or is unable to cooperate with such a request due to physical or psychological trauma” before semicolon.
Subsec. (b)(1)(F), (G). Pub. L. 110–457, § 212(a)(2), added subpars. (F) and (G).
Subsec. (b)(2)(B)(ii). Pub. L. 110–457, § 213(a)(3), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “two percent for training and technical assistance; and”.
Subsec. (c)(3). Pub. L. 110–457, § 205(a)(1), amended par. (3) generally. Prior to amendment, text read as follows: “Federal law enforcement officials may permit an alien individual’s continued presence in the United States, if after an assessment, it is determined that such individual is a victim of a severe form of trafficking and a potential witness to such trafficking, in order to effectuate prosecution of those responsible, and such officials in investigating and prosecuting traffickers shall protect the safety of trafficking victims, including taking measures to protect trafficked persons and their family members from intimidation, threats of reprisals, and reprisals from traffickers and their associates.”
Subsec. (c)(4). Pub. L. 110–457, § 212(b), inserted “, the Department of Homeland Security, the Department of Health and Human Services,” before “and the Department of Justice” and “, including juvenile victims. The Attorney General and the Secretary of Health and Human Services shall provide training to State and local officials to improve the identification and protection of such victims” before period at end.
Subsec. (f). Pub. L. 110–457, § 213(a)(1), added subsec. (f) relating to assistance for United States citizens and lawful permanent residents.
2006—Subsec. (b)(1)(E). Pub. L. 109–162, § 804(b)(1), (2), which directed amendment of cl. (i) by inserting “and the Secretary of Homeland Security” after “Attorney General” in introductory provisions and in subcl. (II)(bb) and the amendment of cl. (ii) by inserting “Secretary of Homeland Security” after “Attorney General”, could not be executed because the words “Attorney General” did not appear subsequent to the amendment by Pub. L. 109–162, § 804(a)(1). See below.
Pub. L. 109–162, § 804(a)(1), substituted “Secretary of Homeland Security” for “Attorney General” wherever appearing.
Subsec. (b)(1)(E)(iii)(IV). Pub. L. 109–162, § 804(b)(3), added subcl. (IV).
Subsec. (c). Pub. L. 109–162, § 804(a)(2), inserted “, the Secretary of Homeland Security” after “Attorney General” in introductory provisions.
Subsec. (c)(2). Pub. L. 109–164 inserted at end “To the extent practicable, victims of severe forms of trafficking shall have access to information about federally funded or administered anti-trafficking programs that provide services to victims of severe forms of trafficking.”
Subsec. (e)(5). Pub. L. 109–162, § 804(a)(1), (c), made identical amendments, substituting “Secretary of Homeland Security” for “Attorney General” in two places.
Subsec. (g). Pub. L. 109–162, § 804(d), which directed the insertion of “or the Secretary of Homeland Security” after “Attorney General”, could not be executed because the words “Attorney General” did not appear subsequent to the amendment by Pub. L. 109–162, § 804(a)(1). See below.
Pub. L. 109–162, § 804(a)(1) substituted “Secretary of Homeland Security” for “Attorney General”.
2003—Subsec. (a)(1)(B). Pub. L. 108–193, § 4(a)(1), inserted before period at end “, and by facilitating contact between relevant foreign government agencies and such nongovernmental organizations to facilitate cooperation between the foreign governments and such organizations”.
Subsec. (b)(1)(A). Pub. L. 108–193, § 4(a)(2)(A), inserted “, or an alien classified as a nonimmigrant under section 1101(a)(15)(T)(ii) of title 8,” after “in persons”.
Subsec. (b)(1)(B). Pub. L. 108–193, § 4(a)(2)(B), inserted “and aliens classified as a nonimmigrant under section 1101(a)(15)(T)(ii) of title 8,” after “United States,” and inserted sentence at end relating to nonentitlement programs funded by the Secretary of Health and Human Services.
Subsec. (b)(1)(D). Pub. L. 108–193, § 6(a)(2), struck out subpar. (D) which related to annual reports on the number of persons receiving benefits or services under paragraph (1).
Subsec. (b)(1)(E)(iv). Pub. L. 108–193, § 4(a)(3), added cl. (iv).
Subsec. (g). Pub. L. 108–193, § 8(b)(2), substituted “1184(o)(2)” for “1184(n)(1)”.
2002—Subsec. (a)(1). Pub. L. 107–228 inserted “In addition, such programs and initiatives shall, to the maximum extent practicable, include the following:” at end of introductory provisions and added subpars. (A) to (E).
Pub. L. 114–271, § 1(c),
Pub. L. 110–457, title II, § 205(a)(2),
Pub. L. 109–162, title I, § 104(b),
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
Pub. L. 109–164, title I, § 102(b),