WEBVTT

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>> For many foreign national
victims of human trafficking,

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it all started with the promise
of a good job

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in the United States.

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But the traffickers
don't fulfill this promise.

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Traffickers often use the threat
of arrest and deportation

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to keep victims fearful
and controlled,

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even after you come
in contact with victims

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and are investigating
their traffickers.

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The victims fear can linger,
their trauma is acute,

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and they have a great need
for social services

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to get back on their feet.

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The fear, trauma
and need for recovery

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can sometimes prevent
or delay victims

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from reporting their trafficker

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and cooperating
with law enforcement.

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Yet the victims are essential
and building cases

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against their traffickers.

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How then, can you simultaneously
assist the trafficking victim

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and build the foundation
for a 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 enforcement tool,

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which can help you bolster

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your human
trafficking investigations.

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It helps you use
a victim centered approach,

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which places equal value
on the needs of the victim

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and the investigation.

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Continued presence is
a discretionary tool

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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 to facilitate
an investigation or prosecution

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of the human trafficking related
crimes committed against them.

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The designation
can allow a victim

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to remain for the duration
of the criminal case,

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as well as
a federal civil action

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and alleviates their concern

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about removal
from the United States.

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With continued presence,
a trafficking victim

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may remain temporarily in
the United States for two years,

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extensions may be granted
in increments 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 presence.

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Victims with continued presence
receive a work permit

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at no cost to them
or the law enforcement agency.

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The ability to work
legally in the United States

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helps to ease victims worries
about economic support.

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Victims may also be eligible
for federally funded benefits

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and services
to the same extent as refugees.

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Such benefits and services

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include refugee cash
and medical assistance.

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The Matching Grant Program,

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the Public Housing Program
and Job Corps.

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In many cases, the victims
will receive services

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from non-governmental
organizations,

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which will assist them

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in accessing
these benefits and services.

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These are all crucial
to a victim's recovery

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and successful participation

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in an investigation
and prosecution.

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Continued presence is meant

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specifically
for foreign nationals

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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

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must identify
a foreign national as one,

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a victim of a severe form
of trafficking in persons

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and to a potential witness
in an investigation

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or prosecution
of the trafficker.

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How do you determine this?
Let's break it down.

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The victims of Trafficking
and Violence Protection

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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

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harboring transportation
provision,

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obtaining patronizing
or soliciting of a person

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for the purpose
of a commercial sex act

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in which a commercial sex act
is induced by force,

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fraud or coercion,

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or in which the person induced
to perform such an act

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is under 18 years of age.

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For labor trafficking, a severe
form of trafficking is defined

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as the recruitment harboring
transportation provision

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or obtaining of a person
for labor or services

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through the use of force,
fraud or coercion

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for the purpose of subjection
to involuntary servitude.

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Peonage debt bondage
or slavery.

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Continued presence
is therefore applicable

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to victims 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

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and control of documents
such as passports,

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whether victims were held
by means of force,

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fraud or coercion.

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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

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as soon as practicable
after the individual

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

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You do not need to have charges,

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an indictment
or a prosecutor involved.

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In some cases,

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you may only have the victim's
account 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 the individual

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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

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continued presence
in such cases.

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You should request
continued presence

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for every eligible victim

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who may be a potential witness
in a case so that he or she

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is available if necessary
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 U.S.C.

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Section 115 95 are eligible
to receive continued presence

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until the action is concluded.
Please direct those victims

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to the nearest Homeland Security
Investigations HCI

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victim assistance specialist.

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Continued presence should be
requested

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as soon as possible
after the individual

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is determined to be
a foreign national

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who is a victim
of a severe form of trafficking

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and may be
a potential witness

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to an investigation
or prosecution.

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If you are unable to make
an immediate determination

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that the person is a 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 Enforcement ICE office.

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This will protect
the individual from removal

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until another interview
can be scheduled

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and a definitive
determination can be made.

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Absent exigent circumstances,
deferred action

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or significant
public benefit parole

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as PBP should not be used
in lieu of continued presence

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because continued presence
recipients may be eligible

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to receive public benefits.
Do not under any circumstances,

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use continued presence
as a bargaining chip

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or other incentive
for cooperation.

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Doing so could mimic the
traffickers coercive techniques.

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Continued presence is available
to all law enforcement agencies

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that have authority
to investigate

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or prosecute human trafficking.

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There is, however, a difference
in requesting

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continued presence
if you are federal vs.

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state or local
law enforcement.

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Federal law enforcement
agencies submit requests

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for continued presence

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directly to Immigration
and Customs Enforcement.

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ICE HCI headquarters, state
and local law enforcement

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go through a federal
law enforcement partner

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who will sponsor the request.

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If you don't have the forms
to initiate a request,

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reach out
to the nearest H.S. office.

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HCI can also provide you with
the continued presence protocol

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for requesting and sponsoring
law enforcement agencies,

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which are law enforcement
sensitive instructions.

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Continued presence requests
go to ICE HRC headquarters

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and if approved,
U.S. Citizenship and Immigration

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Services USCIS
prepare the documents.

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The amount of time
required to adjudicate

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a specific continued presence
request will vary

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depending on the unique facts
of the case.

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ICE will make an effort
to process

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the sponsoring law enforcement
agencies request within 30 days

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from the date it receives
the application.

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It may take approximately
two months total

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for all the paperwork to process
once processing is complete.

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The law enforcement agency
that submitted the request

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will receive an I-94
and work permit for each victim.

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After that,
it is the responsibility

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of the requesting
law enforcement agent to submit

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quarterly monitoring updates
to ICE HCI headquarters.

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Timing plays a key role 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 possible

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after the individual

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

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and may be
a potential witness.

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After all, you want to keep
this victim in the country

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and alleviate
their fear of removal

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while you determine
next steps in your case.

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This timing is consistent with
the victim centered approach

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and human trafficking cases

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and will also help build
the foundation for a solid case.

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Begin the continued
presence paperwork

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as early as possible
after determining

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that there are a victim
and submit

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the forms
to ICE HCI headquarters.

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The sooner you are able to
submit a request for processing,

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the sooner you will be able
to help stabilize

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your potential witnesses.

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Continued presence
may be terminated

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if you later determine
that the person is not a victim

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if the person commits a crime
after being granted

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continued presence
or changes immigration status,

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or if the criminal
or civil action concludes.

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Notify ICE HSA headquarters
if at any point

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you determine
any of these factors to be true.

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Continued presence
is designed to be a tool

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to help you as a member
of law enforcement,

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build a strong foundation
for cases of human trafficking

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through a victim
centered approach.

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Continued presence should be
requested as soon as possible

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after the individual
is determined to be a victim

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to provide stability
to trafficking victims

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and keep potential
witnesses safely

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and legally
in the United States.

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For more information,

00:11:11.190 --> 00:11:15.020
please visit the
Blue Campaign's website at WW

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WDR asked Gov
Slash Blue Dash campaign.

00:11:20.250 --> 00:11:25.280
Email us at Blue Campaign
at HQ Dot DHS

00:11:25.280 --> 00:11:28.290
dot gov.
Or connect with us on Facebook.