§ 2663. Classification of victims; immigration assistance

(a) Classification of victims of human trafficking. As soon as practicable after the initial encounter with a person who reasonably appears to a law enforcement agency, a State‘s Attorneys’ office, or the Office of the Attorney General to be a victim of human trafficking, such agency or office shall:

(1) Notify the Victim’s Compensation Program at the Center for Crime Victim Services that such person may be eligible for services under this chapter.

(2) Make a preliminary assessment of whether such victim or possible victim of human trafficking appears to meet the criteria for certification as a victim of a severe form of trafficking in persons as defined in 22 U.S.C. § 7105 (Trafficking Victims Protection Act) or appears to be otherwise eligible for any federal, state, or local benefits and services. If it is determined that the victim appears to meet such criteria, the agency or office shall report the finding to the victim and shall refer the victim to services available, including legal service providers. If the possible victim is under the age of 18 or is a vulnerable adult, the agency or office shall also notify the Family Services Division of the Department for Children and Families or the Office of Adult Protective Services in the Department of Disabilities, Aging, and Independent Living.

(b) Law enforcement assistance with respect to immigration. After the agency or office makes a preliminary assessment pursuant to subdivision (a)(2) of this section that a victim of human trafficking or a possible victim of human trafficking appears to meet the criteria for certification as a victim of a severe form of trafficking in persons, as defined in 22 U.S.C. § 7105 and upon the request of such victim, the agency or office shall provide the victim of human trafficking with a completed and executed U.S. citizenship and immigration service (USCIS) form I-914 supplement B declaration of law enforcement officer for victim of human trafficking in persons or a USCIS form I-918, supplement B, U nonimmigrant status certification, or both. These endorsements shall be completed by the certifying officer in accordance with the forms’ instructions and applicable rules and regulations. The victim of human trafficking may choose which form to have the certifying officer complete. (Added 2011, No. 55, § 2.)