12 2 STA T .506 1 PUBLIC LA W 110 –4 5 7—DE C.2 3, 200 8‘ ‘ (i)INGE NE RAL.— I faFed e r a l la w e n f o r c e m en t official file s ana p plication statin g t h at an alien is a v ictim of a severe form of traffic k ing and ma yb e a potential witness to s u ch trafficking , the S ecretary of H omeland Security may permit the alien to remain in the U nited States to facilitate the investigation and prosecution of those responsible for such crime. ‘‘(ii) SA F E TY .— W hile investigating and prosecuting suspected traffickers, Federal law enforcement officials described in clause (i) shall endeavor to make reason - able efforts to protect the safety of trafficking victims, including taking measures to protect trafficked persons and their family members from intimidation, threats of reprisals, and reprisals from traffickers and their associates. ‘‘(iii) CO NT I N U ATION OF P RE S EN C E.— T he Secretary shall permit an alien described in clause (i) who has filed a civil action under section 159 5oftitle1 8 , United States Code, to remain in the United States until such action is concluded. If the Secretary, in consultation with the A ttorney G eneral, determines that the alien has failed to e x ercise due diligence in pursuing such action, the Secretary may revoke the order permitting the alien to remain in the United States. ‘‘(iv) EX CEPTION.— N otwithstanding clause (iii), an alien described in such clause may be deported before the conclusion of the administrative and legal pro- ceedings related to a complaint described in such clause if such alien is inadmissible under paragraph ( 2 )(A)(i)(II), (2)( B ), (2)(C), (2)(E), (2)(H), (2)(I), ( 3 )(A)(i), (3)(A)(iii), (3)(B), or (3)(C) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). ‘‘(B) P AROLE FOR RELATI V ES.— L aw enforcement offi- cials may submit written re q uests to the Secretary of Homeland Security, in accordance with section 2 40 A(b)( 6 ) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(6)), to permit the parole into the United States of certain relatives of an alien described in subparagraph (A)(i). ‘‘(C) STATE AN D LOCAL LA W ENFORCE M ENT.—The Sec- retary of Homeland Security, in consultation with the Attorney General, shall— ‘‘(i) develop materials to assist State and local law enforcement officials in working with Federal law enforcement to obtain continued presence for victims of a severe form of trafficking in cases investigated or prosecuted at the State or local level
and ‘‘(ii) distribute the materials developed under clause (i) to State and local law enforcement officials. ’ ’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1)— (A) shall take effect on the date of the enactment of this Act; (B) shall apply to pending requests for continued pres- ence filed pursuant to section 10 7 (c)(3) of the Trafficking V ictims Protection Act (22 U.S.C. 7105(c)(3)) and requests filed on or after such date; and Ap p licab ili ty.2 2 USC7105no t e .
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