12 2 STA T .5063PUBLIC LA W 110 –4 5 7—DE C. 23 , 200 8an a lie n p e rm i t te d t o remain in t h e U nited S tate su nder se c tion 107( c ) ( 3 )( A )o f the T raffic k in gV ictims P rotection Act ( 2 2U . S. C . 710 5 (c)(3)(A))
or ‘ ‘(ii) the relati v e is an alien descri b ed in paragraph (2) or (3) of section 212(a) or paragraph (2) or ( 4 ) of section 237(a). ’ ’. Subti t leB—As sist anc e forT raffic k in gV icti m s SEC.21 1. A SS I S T A N CE FOR CERTAIN NONI M MI G RANT STAT U S A P P L ICANTS. (a) INGE NE RAL . — Section 431(c) of the Personal R esponsibilit y and W ork O pportunity Reconciliation Act of 1 9 9 6 ( 8 U.S.C. 1641(c)) is amended— (1) in paragraph (2)( B ) , by striking ‘‘or’’ at the end; (2) in paragraph (3)(B), by striking the period at the end and inserting ‘‘; or’’; and (3) by inserting after paragraph (3) the follo w ing
‘‘(4) an alien who has been granted nonimmigrant status under section 101(a)(15)(T) of the Immigration and N ationality Act (8 U.S.C. 1101(a)(15)(T)) or who has a pending application that sets forth a prima facie case for eligibility for such non - immigrant status.’’. (b) EF FE CTIV E D ATE.—The amendments made by subsection (a) shall apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act without regard to whether regulations have been implemented to carry out such amendments. SEC. 212. INTERIM ASSISTANCE FOR C H IL D REN. (a) IN GENERAL.—Section 107(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended— (1) in subparagraph (E)(i)(I), by inserting ‘‘or is unable to cooperate with such a re q uest due to physical or psychological trauma’’ before the semicolon; and (2) by adding at the end the following: ‘‘( F ) ELI G I B ILIT Y F O R INTERI M A S SISTANCE OF C H IL- D REN.— ‘‘(i) DETERMINATION.—Upon receiving credible information that a child described in subparagraph (C)(ii)(I) who is seeking assistance under this para- graph may have been sub j ected to a severe form of trafficking in persons, the Secretary of H ealth and Human Services shall promptly determine if the child is eligible for interim assistance under this paragraph. The Secretary shall have e x clusive authority to make interim eligibility determinations under this clause. A determination of interim eligibility under this clause shall not affect the independent determination whether a child is a victim of a severe form of trafficking. ‘‘(ii) NOTIFICATION.—The Secretary of Health and Human Services shall notify the Attorney General and the Secretary of Homeland Security not later than 24 hours after all interim eligibility determinations have been made under clause (i). Deadlin e .Ap pli c a b ili ty . 8USC164 1n o te.
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