HOUSE_OVERSIGHT_012376.jpg
2.01 MB
Extraction Summary
1
People
7
Organizations
1
Locations
1
Events
1
Relationships
4
Quotes
Document Information
Type:
Legislative analysis document from the department of justice, part of a house oversight collection.
File Size:
2.01 MB
Summary
This document, page 5 of a submission to House Oversight, is a Department of Justice (DOJ) analysis of proposed legislative changes regarding human trafficking. The DOJ opposes several provisions, such as extending a victim's 'continued presence' during a civil suit and removing the Attorney General's role in T-visa eligibility. The DOJ also recommends specific textual changes to avoid creating new legal liabilities for the government and to consolidate authority under the Attorney General rather than a new task force.
People (1)
| Name | Role | Context |
|---|---|---|
| Attorney General | Head of the Department of Justice |
Mentioned as the entity the DOJ recommends should replace the 'Trafficking in Persons and Worker Exploitation Task Fo...
|
Organizations (7)
| Name | Type | Context |
|---|---|---|
| Department of Justice (DOJ) |
The authoring organization of this analysis, providing recommendations and opposition to proposed legislative changes...
|
|
| U.S. Government |
Mentioned as making every effort to protect trafficking victims.
|
|
| Trafficking in Persons and Worker Exploitation Task Force |
A specific task force mentioned in proposed legislation, which the DOJ recommends be replaced by the authority of the...
|
|
| Department of Homeland Security (DHS) |
An investigative agency mentioned in the context of T-visa determinations. The DOJ notes that other agencies outside ...
|
|
| Federal Bureau of Investigation (FBI) |
Mentioned as an investigative agency that handles trafficking cases, justifying the need for DOJ's involvement in T-v...
|
|
| Department of Labor (DOL) |
Mentioned as an investigative agency that handles trafficking cases, justifying the need for DOJ's involvement in T-v...
|
|
| House Oversight |
Inferred from the document footer 'HOUSE_OVERSIGHT_012376', likely the congressional committee possessing this docume...
|
Timeline (1 events)
Not specified
DOJ analysis and response to proposed legislative changes in Sections 202 and 203 of a bill related to human trafficking.
Not specified
Locations (1)
| Location | Context |
|---|---|
|
Mentioned in the context of victims obtaining status (T- and U-visas) and where physical presence is not deemed neces...
|
Relationships (1)
The document states that a 'joint determination is appropriate because of the number of different law enforcement agencies that may be involved in a particular matter,' listing the FBI and DOL as examples of agencies investigating cases outside of DHS.
Key Quotes (4)
"The new subsection (c)(3)(A)(ii) should add 'endeavor to' after 'shall' so that a legally actionable obligation is not created as to Federal law enforcement's role in protecting the safety of trafficking victims and family members."Source
HOUSE_OVERSIGHT_012376.jpg
Quote #1
"DOJ opposes extending continued presence for the duration of a civil suit."Source
HOUSE_OVERSIGHT_012376.jpg
Quote #2
"The Department opposes the language in section (a) that legislates the existence of a specific task force, such as the Trafficking in Persons and Worker Exploitation Task Force. DOJ recommends deletion of this reference and the replacement of the named task force with 'the Attorney General.'"Source
HOUSE_OVERSIGHT_012376.jpg
Quote #3
"DOJ opposes the language removing the Attorney General's role in determining whether the relevant applicant has complied with reasonable requests for assistance, an important factor in the decisions regarding T-visas..."Source
HOUSE_OVERSIGHT_012376.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (2,833 characters)
severe form of trafficking in persons and eligible for continued presence. Finally, Federal law enforcement involvement in the process allows Federal prosecutors the ability to identify patterns of human trafficking activity that might span multiple local law enforcement jurisdictions. For these same reasons, a new subsection (3)(B) should add "Federal" before "law enforcement" to limit the authority to request parole for relatives to Federal law enforcement officials.
The new subsection (c)(3)(A)(ii) should add "endeavor to" after "shall" so that a legally actionable obligation is not created as to Federal law enforcement's role in protecting the safety of trafficking victims and family members. While the U.S. Government makes every effort to protect trafficking victims, the statutory language, as written, could be construed to create a legally cognizable right and could lead to litigation.
In the new subsection (c)(3)(A)(iii), DOJ opposes extending continued presence for the duration of a civil suit. It also raises the potential for abuse because of the lengthy and plaintiff/victim-controlled delays in conducting civil litigation. Furthermore, physical presence in the United States is not necessary for the successful maintenance of a civil action. Victims have other options to obtain status in the United States, such as T- and U-visas.
DOJ notes a technical change to subsection (d), which currently has two subsection (2)s. DOJ recommends striking the second "(2)" and replacing it with a "(3)."
11. Section 202
The Department opposes the language in section (a) that legislates the existence of a specific task force, such as the Trafficking in Persons and Worker Exploitation Task Force. DOJ recommends deletion of this reference and the replacement of the named task force with "the Attorney General."
DOJ also opposes the 120 day deadline in subsection (f) as unreasonable due to language barriers and translation needs.
12. Section 203
In subsections (a), (b)(1-2), and (c), DOJ opposes the language removing the Attorney General's role in determining whether the relevant applicant has complied with reasonable requests for assistance, an important factor in the decisions regarding T-visas, and that the investigation or prosecution is complete. Because the Department is involved in its prosecutorial as well as its investigative roles, DOJ participation is critical in assessing assistance with law enforcement, and it is well-situated to assess whether a victim has complied with reasonable requests for assistance that went through investigative agencies outside DHS, such as cases investigated by FBI or DOL. Therefore, a joint determination is appropriate because of the number of different law enforcement agencies that may be involved in a particular matter.
5
HOUSE_OVERSIGHT_012376
Discussion 0
No comments yet
Be the first to share your thoughts on this epstein document