WEBVTT

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for many foreign national victims of

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human trafficking,

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it all started with the promise of a

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good job in the united states.

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but the traffickers don't fulfill this

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promise.

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traffickers often use the threat of

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arrest and deportation to keep victims

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fearful

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and controlled. even after you come in

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contact with victims

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and are investigating their traffickers,

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the victim's fear can linger.

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their trauma is acute, and they have a

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great need for social services to get

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back on their feet.

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the fear, trauma, and need for recovery

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can sometimes prevent

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or delay victims from reporting their

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trafficker and cooperating with law

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enforcement,

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yet the victims are essential in

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building cases against their traffickers.

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how, then, can you simultaneously assist

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the trafficking victim

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and build the foundation for a

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successful investigation?

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the answer is continued presence.

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the department of homeland security

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wants you to be aware of this law

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enforcement tool,

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which can help you bolster your human

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trafficking investigations.

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it helps you use a victim-centered

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approach, which places equal value on the

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needs of the victim

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and the investigation.

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continued presence is a discretionary

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tool for law enforcement

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which allows eligible foreign nationals

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to remain in the united states

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temporarily

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to facilitate an investigation or

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prosecution of the human trafficking

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related crimes committed against them.

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the designation can allow a victim to

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remain for the duration of the criminal

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case,

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as well as a federal civil action, and

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alleviates their concern about removal

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from the united states.

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with continued presence, a trafficking

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victim may remain temporarily in the

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united states for two years.

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extensions may be granted in increments

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of up to two years

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as long as the victim remains compliant

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with the conditions of continued

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presence.

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victims with continued presence receive

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a work permit at no cost to them

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or the law enforcement agency. the

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ability to work

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legally in the united states helps to

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ease victims' worries about economic

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support.

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victims may also be eligible for

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federally funded benefits and services

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to the same extent as refugees.

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such benefits and services include

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refugee cash

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and medical assistance, the matching

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grant program,

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the public housing program, and job corps.

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in many cases, the victims will receive

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services from non-governmental

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organizations,

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which will assist them in accessing

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these benefits and services.

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these are all crucial to a victim's

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recovery and successful participation

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in an investigation and prosecution.

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continued presence is meant specifically

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for foreign nationals who are victims of

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human

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trafficking, and may be applied to all

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foreign national victims associated with

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the case.

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the key requirements are that federal,

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state, or local law enforcement

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must identify a foreign national as 1)

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a victim of a severe form of trafficking

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in persons

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and 2) a potential witness in an

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investigation or prosecution of the

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trafficker.

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how do you determine this? let's break it

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down.

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the victims of trafficking and violence

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protection act of 2000,

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as amended, defines a victim of a severe

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form of trafficking.

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for sex trafficking, this means the

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recruitment, harboring,

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transportation, provision, obtaining,

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patronizing, or

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soliciting of a person for the purpose

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of a commercial sex act,

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in which a commercial sex act is induced

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by force,

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fraud, or coercion, or in which the person

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induced to perform such an act is under

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18 years of age.

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for labor trafficking, a severe form of

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trafficking is defined as

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the recruitment, harboring, transportation,

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provision,

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or obtaining of a person for labor or

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services through the use of force,

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fraud, or coercion for the purpose of

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subjection to involuntary servitude,

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peonage, debt bondage, or slavery.

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continued presence is therefore

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applicable to victims of either sex

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or labor trafficking.

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although the crime needs to be a severe

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form of trafficking as defined by the

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aforementioned federal statute,

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it does not necessarily need to include

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violence.

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traffickers employ a wide range of

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non-violent measures to hold victims

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against their will,

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including threats of deportation,

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psychological coercion,

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and control of documents such as

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passports.

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whether victims were held by means of

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force, fraud, or coercion,

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they have still been held against their

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will, and they are still

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eligible for continued presence.

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continued presence should be requested

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as soon as practicable

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after the individual is determined to be

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a victim of a severe form of trafficking.

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you do not need to have charges, an

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indictment, or

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a prosecutor involved. in some cases, you

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may only have the victim's account of

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what happened.

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if you believe the victim is credible,

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and if you will be taking

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any next steps to investigate, then

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requesting continued presence is

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appropriate.

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in some cases, after you have determined

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the individual is a victim of a severe

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form of trafficking,

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you may recognize that he or she is too

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traumatized to work with you immediately.

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however, after receiving services, they

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could be stable enough to provide

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evidence.

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it is still appropriate to request

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continued presence in such cases. you

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should request continued presence for

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every eligible victim who may be a

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potential witness in a case

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so that he or she is available, if

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necessary, for the investigation.

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for example, if the case involves 20

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eligible victims who may be potential

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witnesses in the case,

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you may request continued presence for

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all 20 victims.

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continued presence is also available to

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victims who pursue a civil case

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against their traffickers in federal

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court. victims who have filed a federal

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civil action

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under 18 usc section 1595

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are eligible to receive continued

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presence until the action is concluded.

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please direct those victims to the

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nearest homeland security investigations

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(hsi) victim assistance specialist.

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continued presence should be requested as

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soon as possible after the individual is

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determined to be a foreign national

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who is a victim of a severe form of

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trafficking and may be a potential

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witness to an investigation or

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prosecution.

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if you are unable to make an immediate

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determination that the person is a

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victim of a severe form of trafficking,

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you should request a deferred action

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from your local immigration and customs

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enforcement

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(ICE) office. this will protect the

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individual from removal until another

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interview can be scheduled and a

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definitive determination can be made.

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absent exigent circumstances, deferred

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action

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or significant public benefit parole

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(spbp),

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should not be used in lieu of continued

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presence, because continued presence

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recipients may be eligible to receive

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public benefits.

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do not under any circumstances use

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continued presence as a bargaining chip

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or other incentive for cooperation. doing

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so could mimic the trafficker's coercive

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techniques.

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continued presence is available to all

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law enforcement agencies that have

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authority to investigate or prosecute

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human trafficking.

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there is, however, a difference in

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requesting continued presence if you are

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federal

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versus state or local law enforcement.

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federal law enforcement agencies submit

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requests for continued presence directly

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to immigration and customs enforcement

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(ICE)/HSI headquarters. state and local law

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enforcement go through a federal law

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enforcement partner who will sponsor the

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request.

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if you don't have the forms to initiate

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a request, reach out to the nearest HSI

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office.

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HSI can also provide you with the

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continued presence protocol for

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requesting

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and sponsoring law enforcement agencies,

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which are law enforcement sensitive

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instructions.

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continued presence requests go to ICE/

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HSI headquarters,

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and if approved, u.s citizenship and

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immigration services

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(USCIS) prepare the documents.

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but the amount of time required to

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adjudicate a specific continued presence

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request

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will vary depending on the unique facts

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of the case.

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ICE will make an effort to process the

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sponsoring law enforcement agency's

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request

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within 30 days from the date it receives

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the application.

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it may take approximately two months

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total for all the paperwork to process.

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once processing is complete, the law

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enforcement agency that submitted the

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request

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will receive an I-94 and work permit for

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each victim.

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after that, it is the responsibility of

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the requesting law enforcement agent to

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submit quarterly monitoring updates to

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ICE/

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HSI headquarters. timing plays a key role

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in the stabilization of the victim

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as well as the investigation as a whole,

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so when should you begin the process?

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request continued presence as soon as

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possible after the individual is

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determined to be a victim

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of a severe form of trafficking and may

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be a potential witness.

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after all, you want to keep this victim

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in the country and alleviate their fear

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of removal while you determine next

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steps in your case.

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this timing is consistent with the

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victim-centered approach in human

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trafficking cases

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and will also help build the foundation

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for a solid case.

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begin the continued presence paperwork

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as early as possible

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after determining that they are a victim,

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and submit the forms to ICE/

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HSI headquarters. the sooner you are able

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to submit a request for processing,

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the sooner you will be able to help

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stabilize your potential witnesses.

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continued presence may be terminated if

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you later determine that the person is

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not a victim,

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if the person commits a crime after

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being granted continued presence

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or changes immigration status, or if the

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criminal or civil action concludes.

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notify ICE/HSI headquarters if at any

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point you determine

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any of these factors to be true.

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continued presence is designed to be a

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tool to help you,

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as a member of law enforcement, build a

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strong foundation for cases of human

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trafficking through a victim-centered

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approach.

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continued presence should be requested

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as soon as possible

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after the individual is determined to be

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a victim, to provide stability to

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trafficking victims

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and keep potential witnesses safely and

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legally

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in the united states. for more

00:11:10.079 --> 00:11:13.839
information,

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please visit the blue campaign's website

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at

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www.dhs.gov/blue-campaign.

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email us at

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bluecampaign@hq.dhs.gov

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or connect with us on facebook.