[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 [www.gpo.gov]
[FR Doc No: 2021-14992]



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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 http://www.regulations.gov. 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 http://www.regulations.gov, 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 http://www.regulations.gov 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 http://www.regulations.gov.
    Docket: For access to the docket, go to http://www.regulations.gov 
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:
     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).
     Expand the definition and discussion of Law Enforcement 
Agencies (LEA) to include State and local law enforcement agencies. 8 
CFR 214.11(a).
     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).
     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).
     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).
     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).
     Provide age-out protection for a principal applicant's 
eligible family members under 21 years of age. 8 CFR 214.11(k)(5)(ii).

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     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).
     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).
     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).
     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).
     Exempt T nonimmigrant applicants from the public charge 
ground of inadmissibility. 8 CFR 212.16(b).
     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).
     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).
     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).
     Specify how USCIS will exercise its waiver of grounds of 
inadmissibility authority with respect to criminal inadmissibility 
grounds. 8 CFR 212.16(b)(3).
     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).
     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).
     Remove the current regulatory ``opportunity to depart'' 
requirement for those who escaped traffickers before law enforcement 
became involved. 8 CFR 214.11(g)(2).
     Address situations where trafficking has occurred abroad, 
but the applicant can potentially meet the physical presence 
requirement. 8 CFR 214.11(g)(3).
     Eliminate the requirement that an applicant provide three 
passport-style photographs. See 81 FR 92298 (providing reasons for the 
change.
     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]
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