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Continued Presence
is meant specifically

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for foreign nationals who are
victims of human trafficking,

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and may be applied to all
foreign national victims

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associated with the case.

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The key requirements
are that federal, state,

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or local law enforcement must
identify a foreign national as

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1) a victim of a severe
form of trafficking in persons

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and 2) a potential
witness in an investigation

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or prosecution of
the trafficker.

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How do you determine this?

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Let's break it down.

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The Victims of Trafficking and
Violence Protection Act of 2000,

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as amended, defines a victim of
a severe form of trafficking.

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For sex trafficking, this means
the recruitment, harboring,

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transportation, provision,
obtaining, patronizing,

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or soliciting of a person for
the purpose of a commercial sex

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act, in which a commercial sex
act is induced by force, fraud,

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or coercion, or in
which the person induced

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to perform such an act
is under 18 years of age.

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For labor trafficking, a
severe form of trafficking

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is defined as the recruitment,
harboring, transportation,

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provision, or obtaining of a
person for labor or services

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through the use of force, fraud,
or coercion for the purpose

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of subjection to involuntary
servitude, peonage,

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debt bondage, or slavery.

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Continued Presence is
therefore applicable to victims

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of either sex or
labor trafficking.

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Although the crime needs to be
a severe form of trafficking

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as defined by the
aforementioned federal statute,

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it does not necessarily
need to include violence.

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Traffickers employ a wide
range of nonviolent measures

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to hold victims
against their will,

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including threats
of deportation,

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psychological
coercion, and control

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of documents such as passports.

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Whether victims were held
by means of force, fraud,

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or coercion, they have still
been held against their will,

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and they are still eligible
for Continued Presence.

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Continued Presence should
be requested as soon

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as practicable after
the individual is

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determined to be a victim of
a severe form of trafficking.

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You do not need to have
charges, an indictment,

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or a prosecutor involved.

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In some cases, you may only
have the victim's account

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of what happened.

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If you believe the
victim is credible,

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and if you will be taking any
next steps to investigate,

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then requesting Continued
Presence is appropriate.

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In some cases, after
you have determined

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the individual is a victim of
a severe form of trafficking,

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you may recognize that he
or she is too traumatized

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to work with you immediately.

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However, after
receiving services,

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they could be stable
enough to provide evidence.

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It is still appropriate to
request Continued Presence

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in such cases.

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You should request
Continued Presence

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for every eligible
victim who may

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be a potential
witness in a case so

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that he or she is
available, if necessary,

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for the investigation.

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For example, if the case
involves 20 eligible victims

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who may be potential
witnesses in the case,

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you may request Continued
Presence for all 20 victims.

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Continued Presence is
also available to victims

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who pursue a civil case
against their traffickers

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in federal court.

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Victims who have filed a federal
civil action under 18 USC

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Section 1595 are eligible to
receive Continued Presence

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until the action is concluded.

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Please direct those victims to
the nearest Homeland Security

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Investigations (HSI) Victim
Assistance Specialist.