PROTECTING TRAFFICKING VICTIMS AGAINST RETALIATION.

SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RETALIATION.(a) T Visas.—Section 101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended—(1) in clause (i)—(A) in the matter preceding subclause (I), by striking “Security and the Attorney General jointly;” and inserting “Security, in consultation with the Attorney General,”;(B) in subclause (I), by striking the comma at the end and inserting a semicolon;(C) in subclause (II), by adding at the end the following: “including physical presence on account of the alien having been allowed entry into the United States for participation in investigative or judicial processes associated with an act or a perpetrator of trafficking;”;(D) in subclause (III)—(i) in item (aa), by striking “or” at the end;(ii) by redesignating item (bb) as item (cc);(iii) by inserting after item (aa) the following:“(bb) in consultation with the Attorney General, as appropriate, is unable to cooperate with a request described in item (aa) due to physical or psychological trauma; or”; and(iv) in item (cc), as redesignated, by striking “, and” at the end and inserting “; and”; and(E) in subclause (IV), by adding “and” at the end;(2) in clause (ii)—122 STAT. 5053(A) in subclause (I), by striking “or” at the end;(B) in subclause (II), by striking “and” at the end and inserting “or”; and(C) by adding at the end the following:“(III) any parent or unmarried sibling under 18 years of age of an alien described in subclause (I) or (II) who the Secretary of Homeland Security, in consultation with the law enforcement officer investigating a severe form of trafficking, determines faces a present danger of retaliation as a result of the alien’s escape from the severe form of trafficking or cooperation with law enforcement.”; and(3) by striking clause (iii).(b) Requirements for T Visa Issuance.—Section 214(o)(7) of the Immigration and Nationality Act (8 U.S.C. 1184(o)(7)) is amended—(1) in subparagraph (B)—(A) by striking “subparagraph (A) if a Federal” and inserting the following: “subparagraph (A) if—“(i) a Federal”;(B) by striking the period at the end and inserting a semicolon; and(C) by adding at the end the following:“(ii) the alien is eligible for relief under section 245(l) and is unable to obtain such relief because regulations have not been issued to implement such section; or“(iii) the Secretary of Homeland Security determines that an extension of the period of such nonimmigrant status is warranted due to exceptional circumstances.”; and(2) by adding at the end the following:“(C) Nonimmigrant status under section 101(a)(15)(T) shall be extended during the pendency of an application for adjustment of status under section 245(l).”.(c) Conditions on Nonimmigrant Status for Certain Crime Victims.—Section 214(p)(6) of the Immigration and Nationality Act (8 U.S.C. 1184(p)(6)) is amended by adding at the end the following: “The Secretary of Homeland Security may extend, beyond the 4-year period authorized under this section, the authorized period of status of an alien as a nonimmigrant under section 101(a)(15)(U) if the Secretary determines that an extension of such period is warranted due to exceptional circumstances. Such alien’s nonimmigrant status shall be extended beyond the 4-year period authorized under this section if the alien is eligible for relief under section 245(m) and is unable to obtain such relief because regulations have not been issued to implement such section and shall be extended during the pendency of an application for adjustment of status under section 245(m). The Secretary may grant work authorization to any alien who has a pending, bona fide application for nonimmigrant status under section 101(a)(15)(U).”.(d) Adjustment of Status for Trafficking Victims.—Section 245(l) of the Immigration and Nationality Act (8 U.S.C. 1255(l)) is amended—(1) in paragraph (1)—(A) in the matter preceding subparagraph (A), by striking “the Attorney General,,” and inserting “in the opinion of the Secretary of Homeland Security, in consultation with the Attorney General, as appropriate”;(B) in subparagraph (B)—122 STAT. 5054(i) by inserting “subject to paragraph (6),” after “(B)”; and(ii) by striking “, and” and inserting “; and”; and(C) in subparagraph (C)—(i) in clause (i), by striking “, or” and inserting a semicolon;(ii) in clause (ii), by striking “, or in the case of subparagraph (C)(i), the Attorney General, as appropriate”; and(iii) by striking the period at the end and inserting the following: “; or“(iii) was younger than 18 years of age at the time of the victimization qualifying the alien for relief under section 101(a)(15)(T).”;(2) in paragraph (3), by striking the period at the end and inserting the following: “, unless—“(A) the absence was necessary to assist in the investigation or prosecution described in paragraph (1)(A); or“(B) an official involved in the investigation or prosecution certifies that the absence was otherwise justified.”; and(3) by adding at the end the following:“(6) For purposes of paragraph (1)(B), the Secretary of Homeland Security may waive consideration of a disqualification from good moral character with respect to an alien if the disqualification was caused by, or incident to, the trafficking described in section 101(a)(15)(T)(i)(I).“(7) The Secretary of Homeland Security shall permit aliens to apply for a waiver of any fees associated with filing an application for relief through final adjudication of the adjustment of status for a VAWA self-petitioner and for relief under sections 101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), and 244(a)(3) (as in effect on March 31, 1997).”.(e) Adjustment of Status for Crime Victims.—Section 245(m) of the Immigration and Nationality Act (8 U.S.C. 1255(m)) is amended—(1) in paragraph (1), in the matter preceding subparagraph (A), by striking “unless the Attorney General” and inserting “unless the Secretary”; and(2) by adding at the end the following:“(5)(A) The Secretary of Homeland Security shall consult with the Attorney General, as appropriate, in making a determination under paragraph (1) whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a Federal law enforcement official, Federal prosecutor, Federal judge, or other Federal authority investigating or prosecuting criminal activity described in section 101(a)(15)(U)(iii).“(B) Nothing in paragraph (1)(B) may be construed to prevent the Secretary from consulting with the Attorney General in making a determination whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a State or local law enforcement official, State or local prosecutor, State or local judge, or other State or local authority investigating or prosecuting criminal activity described in section 101(a)(15)(U)(iii).”.(f) Effective Date.—The amendments made by this section shall—(1) take effect on the date of enactment of the Act; and122 STAT. 5055(2) apply to applications for immigration benefits filed on or after such date.