§645 — Title 6 Domestic Security | U.S. Code

Summary

The Secretary of Homeland Security must, within 180 days after December 21, 2018, issue a directive to all DHS law enforcement and to members of DHS-led task forces who investigate human trafficking. The directive must tell officers how to investigate people who buy or solicit trafficking victims as part of serious trafficking. It must also say that people who commit crimes because they were trafficked are victims, and steps should be taken to avoid arresting, charging, or prosecuting them for offenses caused by their victimization. By the same deadline, the Secretary must create a screening protocol for all DHS anti‑trafficking operations. The protocol must require individual screening of every adult and child suspected of commercial sex, illegal child labor, or work that breaks labor laws to see if they are trafficking victims. It must include measures to avoid arresting or prosecuting victims for crimes caused by trafficking, be developed with other agencies and anti‑trafficking groups, minimize trauma during screening, and guide help and recovery services. Existing DHS victim‑protection training must teach how to use the directive and the protocol.

Title 6, §645

Domestic Security — Source: USLM XML via OLRC

(a)(1)Not later than 180 days after December 21, 2018, the Secretary shall issue a directive to—

(A)all Federal law enforcement officers and relevant personnel employed by the Department who may be involved in the investigation of human trafficking offenses; and

(B)members of all task forces led by the Department that participate in the investigation of human trafficking offenses.

(2)The directive required to be issued under paragraph (1) shall include instructions on—

(A)the investigation of individuals who patronize or solicit human trafficking victims as being engaged in severe trafficking in persons and how such individuals should be investigated for their roles in severe trafficking in persons; and

(B)how victims of sex or labor trafficking often engage in criminal acts as a direct result of severe trafficking in persons and such individuals are victims of a crime and affirmative measures should be taken to avoid arresting, charging, or prosecuting such individuals for any offense that is the direct result of their victimization.

(b)(1)Not later than 180 days after December 21, 2018, the Secretary shall issue a screening protocol for use during all anti-trafficking law enforcement operations in which the Department is involved.

(2)The protocol required to be issued under paragraph (1) shall—

(A)require the individual screening of all adults and children who are suspected of engaging in commercial sex acts, child labor that is a violation of law, or work in violation of labor standards to determine whether each individual screened is a victim of human trafficking;

(B)require affirmative measures to avoid arresting, charging, or prosecuting human trafficking victims for any offense that is the direct result of their victimization;

(C)be developed in consultation with relevant interagency partners and nongovernmental organizations that specialize in the prevention of human trafficking or in the identification and support of victims of human trafficking and survivors of human trafficking; and

(D)include—

(i)procedures and practices to ensure that the screening process minimizes trauma or revictimization of the person being screened; and

(ii)guidelines on assisting victims of human trafficking in identifying and receiving restorative services.

(c)The training described in section 642 and 644 of this title shall include training necessary to implement—

(1)the directive required under subsection (a); and

(2)the protocol required under subsection (b).

Editorial Notes

Codification Section was enacted as part of the Justice for Victims of Trafficking Act of 2015, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

§645 Victim Protection Training for the Department of Homeland Security

Summary

Title 6, §645

Notes & Related Subsidiaries

Editorial Notes

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