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Continued Presence should be requested as soon as possible
after the individual is determined
to be a foreign national who is a victim of a severe form
of trafficking and may be a potential witness
to an investigation or prosecution.
If you are unable to make an immediate determination
that the person is a victim of a severe form of trafficking,
you should request a Deferred Action
from your local Immigration and Customs Enforcement (ICE)
office.
This will protect the individual from removal
until another interview can be scheduled
and a definitive determination can be made.
Absent exigent circumstances, Deferred Action
or Significant Public Benefit Parole,
(SPBP) should not be used in lieu of Continued Presence,
because Continued Presence recipients may
be eligible to receive public benefits.
Do not under any circumstances use continued presence
as a bargaining chip or other incentive for cooperation.
Doing so could mimic the traffickers'
coercive techniques.
Continued Presence is available to all law enforcement agencies
that have authority to investigate or prosecute
human trafficking.
There is, however, a difference in requesting
Continued Presence if you are federal versus state
or local law enforcement.
Federal law enforcement agencies submit requests
for Continued Presence directly to Immigration
and Customs Enforcement (ICE)/HSI headquarters.
State and local law enforcement go
through a federal law enforcement partner
who will sponsor the request.
If you don't have the forms to initiate a request,
reach out to the nearest HSI office.
HSI can also provide you with the Continued Presence Protocol
for Requesting and Sponsoring Law Enforcement Agencies, which
are law enforcement sensitive instructions.
Continued Presence requests go to ICE/HSI headquarters,
and if approved, U.S. Citizenship and Immigration Services
(USCIS) prepare the documents.
But the amount of time required to adjudicate
a specific Continued Presence request
will vary depending on the unique facts of the case.
ICE will make an effort to process the sponsoring law
enforcement agency's request within 30 days
from the date it receives the application.
It may take approximately two months total for all
of the paperwork to process.
Once processing is complete, the law enforcement agency
that submitted the request will receive an I-94 and work
permit for each victim.
After that, it is the responsibility
of the requesting law enforcement agent
to submit quarterly monitoring updates to ICE/HSI
headquarters.
Timing plays a key role in the stabilization of the victim
as well as the investigation as a whole,
so when should you begin the process?
Request Continued Presence as soon as possible
after the individual is determined
to be a victim of a severe form of trafficking
and may be a potential witness.
After all, you want to keep this victim in the country
and alleviate their fear of removal
while you determine next steps in your case.
This timing is consistent with the victim-centered approach
in human trafficking cases and will also
help build the foundation for a solid case.
Begin the Continued Presence paperwork as early as possible
after determining that they are a victim,
and submit the forms to ICE/HSI headquarters.
The sooner you are able to submit a request for processing,
the sooner you will be able to help stabilize
your potential witnesses.
Continued Presence may be terminated if you later
determine that the person is not a victim,
if the person commits a crime after being granted
Continued Presence, or changes immigration status,
or if the criminal or civil action concludes.
Notify ICE/HSI headquarters if at any point
you determine any of these factors to be true.
Continued Presence is designed to be a tool
to help you, as a member of law enforcement,
build a strong foundation for cases of human trafficking
through a victim-centered approach.
Continued Presence should be requested as soon
as possible after the individual is determined to be a victim,
to provide stability to trafficking victims
and keep potential witnesses safely
and legally in the United States.
For more information, please visit the Blue
Campaign's website at www.dhs.gov/blue-campaign.
Email us at bluecampaign@hq.dhs.gov
or connect with us on Facebook.