[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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