[Congressional Record Volume 171, Number 9 (Thursday, January 16, 2025)]
[Senate]
[Page S233]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 82. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
On page 3, line 8, strike the period and insert the
following: ``; and
(4) by adding at the end the following:
``(5) Protections for victims of trafficking.--
``(A) In general.--Except as provided by subparagraph (C),
paragraphs (1)(E) and (3) shall not apply with respect to an
alien if the alien is a victim or witness in an active human
trafficking investigation or makes a credible claim that the
alien is a victim of or witness to human trafficking.
``(B) Examples.--Examples of circumstances in which
paragraphs (1)(E) and (3) do not apply with respect to an
alien include if--
``(i) a Federal, State, or local law enforcement agency
informs the Secretary that the alien may be a victim of human
trafficking;
``(ii) the arrest or charges described in paragraph (1)(E)
were based on acts committed under duress or as the result of
force, fraud, or coercion, or based on information furnished
solely by a human trafficker; or
``(iii) the alien has been approved for relief under
section 101(a)(15)(T) or has a bona fide petition pending
pursuant to such section.
``(C) Exception.--Notwithstanding subparagraph (A) or (B),
paragraphs (1)(E) and (3) shall apply with respect to an
alien if the Secretary determines that the alien is a threat
to public safety or national security.''.
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