H.R. 9261

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9261 Introduced in House (IH)]

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118th CONGRESS
2d Session
H. R. 9261

To protect certain victims of human trafficking by expanding the 
authority of the Secretary of Homeland Security to grant such aliens 
continued presence in the United States.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

August 2, 2024

Mr. Ivey (for himself, Mr. Valadao, and Mrs. Ramirez) introduced the 
following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To protect certain victims of human trafficking by expanding the 
authority of the Secretary of Homeland Security to grant such aliens 
continued presence in the United States.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Continued Presence Improvement 
Act''.

SEC. 2. TRAFFICKING VICTIMS.

(a) In General.--Section 107(c)(3) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7105(c)(3)) is amended--
(1) in subparagraph (A)--
(A) by amending clause (i) to read as follows:
``(i) Investigations and prosecutions.--If 
a law enforcement official files an application 
stating that an alien may be a victim of a 
severe form of trafficking, the Secretary of 
Homeland Security may permit the alien to 
remain in the United States to facilitate the 
investigation or prosecution of a trafficking-
related offense.'';
(B) by redesignating clause (iv) as clause (v);
(C) by redesignating clause (ii) as clause (iv) and 
moving such clause so that it appears immediately after 
clause (iii);
(D) by striking clause (iii) and inserting the 
following:
``(ii) While pursuing a civil action.--The 
Secretary of Homeland Security shall permit an 
alien who is a victim of a severe form of 
trafficking and has filed a civil action under 
section 1595 of title 18 to remain in the 
United States until such action is concluded. 
If the Secretary, after consultation with the 
Attorney General, determines that the alien has 
failed to exercise due diligence in pursuing 
such action, the Secretary may revoke the order 
permitting the alien to remain in the United 
States.
``(iii) Length; extensions.--The Secretary 
of Homeland Security shall grant continued 
presence under this subparagraph for a period 
of not less than 2 years and may extend such 
status beyond 2 years, at the discretion of the 
Secretary. If the alien has a pending 
immigration benefit application, continued 
presence shall be extended until such 
application is approved, withdrawn, or denied 
upon final appeal, unless the Secretary 
determines that continued presence is no longer 
warranted.'';
(E) in clause (iv), as redesignated, by striking 
``Federal law enforcement officials described in clause 
(i)'' and inserting ``law enforcement officials''; and
(F) by adding at the end the following:
``(vi) Employment authorization .--During 
the period the alien is authorized to remain in 
the United States under this paragraph, the 
Secretary of Homeland Security shall--
``(I) authorize the alien to engage 
in employment in the United States; and
``(II) provide the alien with an 
`employment authorized' endorsement or 
other appropriate work permit.
``(vii) Protection from immigration 
enforcement.--While a grant of continued 
presence is in effect under this paragraph, 
Federal law enforcement officials may only take 
civil immigration enforcement actions against 
an alien described in clause (i) or (iii)--
``(I) based on conduct committed 
after continued presence is authorized; 
and
``(II) following consultation with 
the law enforcement official who filed 
the application for continued 
presence.'';
(2) in subparagraph (B)--
(A) by striking ``Law enforcement'' and inserting 
the following:
``(i) Outside the united states.--Law 
enforcement'';
(B) in clause (i), as redesignated, by striking 
``subparagraph (A)(i)'' and inserting ``clause (i) or 
(iii) of subparagraph (A)''; and
(C) by adding at the end the following:
``(ii) Inside the united states.--Law 
enforcement officials may submit written 
requests to the Secretary of Homeland Security 
for deferred action and employment 
authorization for certain relatives of any 
alien whose continued presence is permitted 
under clause (i) or (iii) of subparagraph 
(A).'';
(3) by amending subparagraph (C) to read as follows:
``(C) Law enforcement office policies, training, 
and material.--The Secretary of Homeland Security, the 
Secretary of State, the Secretary of Labor, the 
Secretary of Health and Human Services, the Attorney 
General, and the Commissioner of the Equal Employment 
Opportunity Commission shall--
``(i) develop policies and procedures for 
their respective agency that encourage the use 
of and immediate application for continued 
presence by the respective agency upon 
identification of an individual covered under 
subparagraph (A)(i) in appropriate cases;
``(ii) develop materials, in consultation 
with the Secretary of Homeland Security, to 
encourage and assist their respective Federal 
agency personnel and other law enforcement 
officials to request continued presence in 
appropriate cases; and
``(iii) distribute the materials developed 
pursuant to clause (ii) and provide training on 
such materials to their respective Federal 
agency personnel and other law enforcement 
officials.''; and
(4) by adding at the end the following:
``(D) Defined term.--In this paragraph, the term 
`law enforcement official' means any employee of a 
Federal, State, Tribal, territorial, or local law 
enforcement agency, labor agency, children's protective 
services agency, or other civil, criminal, judicial or 
administrative authority that has responsibility and 
authority for the detection, investigation, or 
prosecution of severe forms of trafficking in 
persons.''.
(b) Rulemaking.--The Secretary of Homeland Security shall 
promulgate regulations to implement the amendments made by subsection 
(a).
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