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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 212, 214, 245, and 274a CIS No. 250711; DHS Docket No USCIS
20110010
RIN 1615AA59

Classification for Victims of Severe Forms of Trafficking in Persons;
Eligibility for T Nonimmigrant Status U.S. Citizenship and Immigration Services, Department of Homeland Security.
ACTION: Interim Final Rule; reopening of the comment period.
AGENCY:

The Department of Homeland Security DHS announces the reopening of the public comment period for the Interim Final Rule titled, Classification for Victims of Severe Forms of Trafficking in Persons;
Eligibility for T Nonimmigrant Status.
DHS published the interim final rule IFR on December 19, 2016 and accepted comments until February 17, 2017. To provide the public with further opportunity to comment on the IFR, and to ensure that we are fully considering all current factors, concerns and input of the parties who may be affected by this rulemaking, DHS will reopen the comment period for an additional 30
days. DHS will consider comments received during the entire public comment period in its development of a final rule.
DATES: The comment period for the interim final rule published December 19, 2016, at 81 FR 92266 is reopened.
You must submit written comments and related material on or before August 16, 2021.
ADDRESSES: You may submit comments on the entirety of this rule package, to include the related information collection requirements set forth with the 2016 IFR, which is identified as DHS Docket No. USCIS- 20110010, through the Federal eRulemaking Portal http www.regulations.gov. Follow the website instructions for submitting comments. Comments submitted in another manner, including emails or letters sent to DHS or USCIS officials, will not be considered comments on the rule and may not receive a response from DHS. Please note that DHS and USCIS cannot accept any comments that are hand delivered or couriered. In addition, USCIS cannot accept comments contained on any form of digital media storage devices, such as CDs/DVDs and USB drives. Due to COVID19, USCIS is also not accepting mailed comments at this time. If you
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cannot submit your comment by using http www.regulations.gov, please contact Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security, by telephone at 2407213000 for alternate instructions.
FOR FURTHER INFORMATION CONTACT:
Andria Strano, Branch Chief, Humanitarian Affairs Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, DHS, 5900
Capital Gateway Drive, Camp Springs, MD 20746; telephone 2407213000
this is not a toll-free number.
Individuals with hearing or speech impairments may access the telephone numbers above via TTY by calling the toll-free Federal Information Relay Service at 18778895627 TTY/TDD.
SUPPLEMENTARY INFORMATION:
I. Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of this rule.
DHS also invites comments that relate to the economic or federalism effects that might result from this rule. Comments that will provide the most assistance to DHS will reference a specific portion of the rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change.
Instructions: All submissions received must include the agency name and DHS
Docket No. USCIS200110010.
Providing comments is entirely voluntary. Regardless of how comments are submitted to DHS, all submissions will be posted, without change, to the Federal eRulemaking Portal at http
www.regulations.gov and will include any personal information provided by commenters. Because the information submitted will be publicly available, commenters should consider limiting the amount of personal information provided in each submission. DHS may withhold information provided in comments from public viewing if it determines that such information is offensive or may affect the privacy of an individual. For additional information, please read the Privacy Act notice available through the link in the footer of http www.regulations.gov.
Docket: For access to the docket, go to http www.regulations.gov and enter this rulemakings eDocket number USCIS 20110010.
II. Background On December 19, 2016, DHS
published an Interim Final Rule IFR in
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the Federal Register at 81 FR 92266 and received 17 public comments. USCIS
amended its regulations governing the classification for Victims of Severe Forms of Trafficking in Persons;
Eligibility for T Nonimmigrant Status, see Immigration and Nationality Act INA sec. 101a15T, 8 U.S.C.
1101a15T. Specifically, the IFR
revised DHS regulations at 8 CFR 214.11
to:
Implement statutorily mandated changes by revising the existing eligibility requirements under the following statutes:
Trafficking Victims Protection Reauthorization Act of 2003 TVPRA
2003, Public Law 108193, 117 Stat.
2875 Dec. 19, 2003.
Violence Against Women and Department of Justice Reauthorization Act of 2005 VAWA 2005, Public Law 109162, 119 Stat. 2960 Jan. 5, 2006.
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 TVPRA 2008, Public Law 110
457, 122 Stat. 5044 Dec. 23, 2008.
Violence Against Women Act of 2013 VAWA 2013, Public Law 1134
Mar. 7, 2013.
Justice for Victims of Trafficking Act of 2015 JVTA, Public Law 11422, 129 Stat. 227 May 29, 2015.
Expand the definition and discussion of Law Enforcement Agencies LEA to include State and local law enforcement agencies. 8 CFR
214.11a.
Raise the age at which the applicant must comply with any reasonable request by an LEA for assistance in an investigation or prosecution of acts of trafficking in persons from 15 years to 18 years of age. 8 CFR 214.11b3i and h4ii.
Exempt applicants who are unable, due to physical or psychological trauma, to comply with any reasonable request by an LEA. 8 CFR 214.11b3ii and h4i.
Expand the regulatory definition of physical presence on account of trafficking to include those whose entry into the United States was for participation in investigative or judicial processes associated with an act or a perpetrator of trafficking. 8 CFR
214.11b2 and g1.
Allow principal applicants under 21 years of age to apply for derivative T nonimmigrant status for unmarried siblings under 18 years and parents as eligible derivative family members. 8
CFR 214.11k1ii.
Provide age-out protection for a principal applicants eligible family members under 21 years of age. 8 CFR
214.11k5ii.

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