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Continued Presence should be
requested as soon as possible

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after the individual
is determined

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to be a foreign national who
is a victim of a severe form

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of trafficking 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)

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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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(SPBP) should not be used in
lieu of Continued Presence,

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because Continued
Presence recipients may

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be eligible to receive
public benefits.

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Do not under any circumstances
use continued presence

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as a bargaining chip or other
incentive for cooperation.

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Doing so could mimic
the traffickers'

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coercive techniques.

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Continued Presence is available
to all law enforcement agencies

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that have authority to
investigate or prosecute

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human trafficking.

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There is, however, a
difference in requesting

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Continued Presence if you
are federal versus state

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or local law enforcement.

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Federal law enforcement
agencies submit requests

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for Continued Presence
directly to Immigration

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and Customs Enforcement
(ICE)/HSI headquarters.

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State and local
law enforcement go

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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 HSI office.

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HSI can also provide you with
the Continued Presence Protocol

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for Requesting and Sponsoring
Law Enforcement Agencies, which

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are law enforcement
sensitive instructions.

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Continued Presence requests
go to ICE/HSI headquarters,

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and if approved, U.S. Citizenship
and Immigration Services

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(USCIS) prepare the documents.

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But the amount of time
required to adjudicate

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a specific Continued
Presence request

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will vary depending on the
unique facts of the case.

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ICE will make an effort to
process the sponsoring law

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enforcement agency's
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 for all

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of the paperwork to process.

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Once processing is complete,
the law enforcement agency

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that submitted the request
will receive an I-94 and work

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permit for each victim.

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After that, it is
the responsibility

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of the requesting
law enforcement agent

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to submit quarterly
monitoring updates to ICE/HSI

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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
is determined

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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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in human trafficking
cases and will also

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help build the foundation
for a solid case.

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Begin the Continued Presence
paperwork 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/HSI 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 if you later

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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/HSI 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

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as possible 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,
please visit the Blue

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Campaign's website at
www.dhs.gov/blue-campaign.

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Email us at
bluecampaign@hq.dhs.gov

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or connect with us on Facebook.