Rule2021-14992
Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 16, 2021
Issuing agencies
Homeland Security Department
Abstract
The Department of Homeland Security (DHS) announces the reopening of the public comment period for the Interim Final Rule titled, Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for "T" Nonimmigrant Status. DHS published the interim final rule (IFR) on December 19, 2016 and accepted comments until February 17, 2017. To provide the public with further opportunity to comment on the IFR, and to ensure that we are fully considering all current factors, concerns and input of the parties who may be affected by this rulemaking, DHS will reopen the comment period for an additional 30 days. DHS will consider comments received during the entire public comment period in its development of a final rule.
Full Text
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<title>Federal Register, Volume 86 Issue 134 (Friday, July 16, 2021)</title>
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[Federal Register Volume 86, Number 134 (Friday, July 16, 2021)]
[Rules and Regulations]
[Pages 37670-37671]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14992]
[[Page 37670]]
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 212, 214, 245, and 274a
[CIS No. 2507-11; DHS Docket No USCIS-2011-0010]
RIN 1615-AA59
Classification for Victims of Severe Forms of Trafficking in
Persons; Eligibility for ``T'' Nonimmigrant Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Interim Final Rule; reopening of the comment period.
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SUMMARY: The Department of Homeland Security (DHS) announces the
reopening of the public comment period for the Interim Final Rule
titled, Classification for Victims of Severe Forms of Trafficking in
Persons; Eligibility for ``T'' Nonimmigrant Status. DHS published the
interim final rule (IFR) on December 19, 2016 and accepted comments
until February 17, 2017. To provide the public with further opportunity
to comment on the IFR, and to ensure that we are fully considering all
current factors, concerns and input of the parties who may be affected
by this rulemaking, DHS will reopen the comment period for an
additional 30 days. DHS will consider comments received during the
entire public comment period in its development of a final rule.
DATES: The comment period for the interim final rule published December
19, 2016, at 81 FR 92266 is reopened. You must submit written comments
and related material on or before August 16, 2021.
ADDRESSES: You may submit comments on the entirety of this rule
package, to include the related information collection requirements set
forth with the 2016 IFR, which is identified as DHS Docket No. USCIS-
2011-0010, through the Federal eRulemaking Portal <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the website instructions for submitting
comments. Comments submitted in another manner, including emails or
letters sent to DHS or USCIS officials, will not be considered comments
on the rule and may not receive a response from DHS. Please note that
DHS and USCIS cannot accept any comments that are hand delivered or
couriered. In addition, USCIS cannot accept comments contained on any
form of digital media storage devices, such as CDs/DVDs and USB drives.
Due to COVID-19, USCIS is also not accepting mailed comments at this
time. If you cannot submit your comment by using <a href="http://www.regulations.gov">http://www.regulations.gov</a>, please contact Samantha Deshommes, Chief,
Regulatory Coordination Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
by telephone at 240-721-3000 for alternate instructions.
FOR FURTHER INFORMATION CONTACT: Andria Strano, Branch Chief,
Humanitarian Affairs Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, DHS, 5900 Capital Gateway Drive,
Camp Springs, MD 20746; telephone 240-721-3000 (this is not a toll-free
number). Individuals with hearing or speech impairments may access the
telephone numbers above via TTY by calling the toll-free Federal
Information Relay Service at 1-877-889-5627 (TTY/TDD).
SUPPLEMENTARY INFORMATION:
I. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of this
rule. DHS also invites comments that relate to the economic or
federalism effects that might result from this rule. Comments that will
provide the most assistance to DHS will reference a specific portion of
the rule, explain the reason for any recommended change, and include
data, information, or authority that support such recommended change.
Instructions: All submissions received must include the agency name
and DHS Docket No. USCIS-20011-0010. Providing comments is entirely
voluntary. Regardless of how comments are submitted to DHS, all
submissions will be posted, without change, to the Federal eRulemaking
Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a> and will include any personal
information provided by commenters. Because the information submitted
will be publicly available, commenters should consider limiting the
amount of personal information provided in each submission. DHS may
withhold information provided in comments from public viewing if it
determines that such information is offensive or may affect the privacy
of an individual. For additional information, please read the Privacy
Act notice available through the link in the footer of <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Docket: For access to the docket, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>
and enter this rulemaking's eDocket number USCIS 2011-0010.
II. Background
On December 19, 2016, DHS published an Interim Final Rule (IFR) in
the Federal Register at 81 FR 92266 and received 17 public comments.
USCIS amended its regulations governing the classification for Victims
of Severe Forms of Trafficking in Persons; Eligibility for T
Nonimmigrant Status, see Immigration and Nationality Act (INA) sec.
101(a)(15)(T), 8 U.S.C. 1101(a)(15)(T). Specifically, the IFR revised
DHS regulations at 8 CFR 214.11 to:
<bullet> Implement statutorily mandated changes by revising the
existing eligibility requirements under the following statutes:
[cir] Trafficking Victims Protection Reauthorization Act of 2003
(TVPRA 2003), Public Law 108-193, 117 Stat. 2875 (Dec. 19, 2003).
[cir] Violence Against Women and Department of Justice
Reauthorization Act of 2005 (VAWA 2005), Public Law 109-162, 119 Stat.
2960 (Jan. 5, 2006).
[cir] William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (TVPRA 2008), Public Law 110-457, 122 Stat.
5044 (Dec. 23, 2008).
[cir] Violence Against Women Act of 2013 (VAWA 2013), Public Law
113-4 (Mar. 7, 2013).
[cir] Justice for Victims of Trafficking Act of 2015 (JVTA), Public
Law 114-22, 129 Stat. 227 (May 29, 2015).
<bullet> Expand the definition and discussion of Law Enforcement
Agencies (LEA) to include State and local law enforcement agencies. 8
CFR 214.11(a).
<bullet> Raise the age at which the applicant must comply with any
reasonable request by an LEA for assistance in an investigation or
prosecution of acts of trafficking in persons from 15 years to 18 years
of age. 8 CFR 214.11(b)(3)(i) and (h)(4)(ii).
<bullet> Exempt applicants who are unable, due to physical or
psychological trauma, to comply with any reasonable request by an LEA.
8 CFR 214.11(b)(3)(ii) and (h)(4)(i).
<bullet> Expand the regulatory definition of physical presence on
account of trafficking to include those whose entry into the United
States was for participation in investigative or judicial processes
associated with an act or a perpetrator of trafficking. 8 CFR
214.11(b)(2) and (g)(1).
<bullet> Allow principal applicants under 21 years of age to apply
for derivative T nonimmigrant status for unmarried siblings under 18
years and parents as eligible derivative family members. 8 CFR
214.11(k)(1)(ii).
<bullet> Provide age-out protection for a principal applicant's
eligible family members under 21 years of age. 8 CFR 214.11(k)(5)(ii).
[[Page 37671]]
<bullet> Allow principal applicants of any age to apply for
derivative T nonimmigrant status for unmarried siblings under 18 years
of age and parents as eligible family members if the family member
faces a present danger of retaliation as a result of the principal
applicant's escape from a severe form of trafficking or cooperation
with law enforcement. 8 CFR 214.11(k)(1)(iii) and (k)(5)(iv).
<bullet> Allow principal applicants of any age to apply for
derivative T nonimmigrant status for children (adult or minor) of the
principal's derivative family members if the derivative's child faces a
present danger of retaliation as a result of the principal's escape
from a severe form of trafficking or cooperation with law enforcement.
8 CFR 214.11(k)(1)(iii).
<bullet> Permit all derivative T nonimmigrants, if otherwise
eligible, to apply for adjustment of status under INA section 245(l), 8
U.S.C. 1255(l). 8 CFR 245.23(b)(2).
<bullet> Remove the requirement that eligible family members must
face extreme hardship if the family member is not admitted to the
United States or was removed from the United States. See 81 FR 92282
(describing the change).
<bullet> Exempt T nonimmigrant applicants from the public charge
ground of inadmissibility. 8 CFR 212.16(b).
<bullet> Limit duration of T nonimmigrant status to 4 years but
providing extensions for LEA need, for exceptional circumstances, and
for the pendency of an application for adjustment of status. 8 CFR
214.11(c)(1) and (l).
<bullet> Clarify that presence in the Commonwealth of the Northern
Mariana Islands after being granted T nonimmigrant status qualifies
toward the requisite physical presence requirement for adjustment of
status. 8 CFR 245.23(a)(3)(ii).
<bullet> Conform the regulatory definition of sex trafficking to
the revised statutory definition in section 103(10) of the Trafficking
Victims Protection Act. 22 U.S.C. 7102(10), as amended by section
108(b) of the JVTA, 129 Stat. 239. 8 CFR 214.11(a).
<bullet> Specify how USCIS will exercise its waiver of grounds of
inadmissibility authority with respect to criminal inadmissibility
grounds. 8 CFR 212.16(b)(3).
<bullet> Discontinue the practice of weighing evidence as primary
and secondary in favor of an ``any credible evidence'' standard. 8 CFR
214.11(d)(2)(ii) and (3).
<bullet> Provide guidance on the definition of ``severe form of
trafficking in persons'' where an individual has not performed labor or
services, or a commercial sex act. 8 CFR 214.11(f)(1).
<bullet> Remove the current regulatory ``opportunity to depart''
requirement for those who escaped traffickers before law enforcement
became involved. 8 CFR 214.11(g)(2).
<bullet> Address situations where trafficking has occurred abroad,
but the applicant can potentially meet the physical presence
requirement. 8 CFR 214.11(g)(3).
<bullet> Eliminate the requirement that an applicant provide three
passport-style photographs. See 81 FR 92298 (providing reasons for the
change.
<bullet> Remove the filing deadline for applicants victimized prior
to October 28, 2000. Update the regulation to reflect the creation of
DHS, and to implement current standards of regulatory organization,
plain language, and USCIS efforts to transform its customer service
practices. See 81 FR 92277.
DHS believes the T nonimmigrant program is an effective tool in the
investigation of and fight against human trafficking, disrupting and
dismantling human trafficking organizations and providing support and
protection to their victims. During the reopening of the public comment
period, DHS encourages comments and suggestions on all aspects of the
T-nonimmigrant program and USCIS administration of the program.
DHS is reopening the comment period to allow interested persons to
provide up-to-date comments on the IFR in recognition of the time that
has lapsed since the initial publication of the IFR. Reopening the
comment period ensures that we are fully considering all current
factors, concerns and input of the parties who may be affected by this
rulemaking. DHS also believes that the T nonimmigrant program will
benefit from updated public comments regarding eligibility and
procedures for the classification for T nonimmigrant status. Due to the
lapse in time since the IFR was issued, DHS seeks to reengage the
public and allow further input on the changes prior to finalizing this
rulemaking. DHS will consider comments received during the entire
public comment period in our development of a final rule.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-14992 Filed 7-15-21; 8:45 am]
BILLING CODE 9111-97-P
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</html>Indexed from Federal Register on July 16, 2021.
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