37670 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. 2507–11; DHS Docket No USCIS– 

2011–0010] 

RIN 1615–AA59 

Classification for Victims of Severe 

Forms of Trafficking in Persons; 

Eligibility for ‘‘T’’ Nonimmigrant Status 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: Interim Final Rule; reopening of 

the comment period. 

SUMMARY: 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- 2011–0010, 

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 

COVID–19, USCIS is also not accepting 

mailed comments at this time. If you 

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 240–721–3000 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 240–721–3000 

(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 1–877–889–5627 (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. USCIS–20011–0010. 

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 rulemaking’s eDocket number 

USCIS 2011–0010. 

II. Background 

On December 19, 2016, DHS 

published an Interim Final Rule (IFR) in 

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. 101(a)(15)(T), 8 U.S.C. 

1101(a)(15)(T). 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: 

Æ Trafficking Victims Protection 

Reauthorization Act of 2003 (TVPRA 

2003), Public Law 108–193, 117 Stat. 

2875 (Dec. 19, 2003). 

Æ Violence Against Women and 

Department of Justice Reauthorization 

Act of 2005 (VAWA 2005), Public Law 

109–162, 119 Stat. 2960 (Jan. 5, 2006). 

Æ William Wilberforce Trafficking 

Victims Protection Reauthorization Act 

of 2008 (TVPRA 2008), Public Law 110– 

457, 122 Stat. 5044 (Dec. 23, 2008). 

Æ Violence Against Women Act of 

2013 (VAWA 2013), Public Law 113–4 

(Mar. 7, 2013). 

Æ Justice for Victims of Trafficking 

Act of 2015 (JVTA), Public Law 114–22, 

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 

214.11(a). 

• 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 214.11(b)(3)(i) 

and (h)(4)(ii). 

• Exempt applicants who are unable, 

due to physical or psychological trauma, 

to comply with any reasonable request 

by an LEA. 8 CFR 214.11(b)(3)(ii) and 

(h)(4)(i). 

• 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 

214.11(b)(2) and (g)(1). 

• 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 214.11(k)(1)(ii). 

• Provide age-out protection for a 

principal applicant’s eligible family 

members under 21 years of age. 8 CFR 

214.11(k)(5)(ii). 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations 37671 

• Allow principal applicants of any 

age to apply for derivative T 

nonimmigrant status for unmarried 

siblings under 18 years of age and 

parents as eligible family members if the 

family member faces a present danger of 

retaliation as a result of the principal 

applicant’s escape from a severe form of 

trafficking or cooperation with law 

enforcement. 8 CFR 214.11(k)(1)(iii) and 

(k)(5)(iv). 

• Allow principal applicants of any 

age to apply for derivative T 

nonimmigrant status for children (adult 

or minor) of the principal’s derivative 

family members if the derivative’s child 

faces a present danger of retaliation as 

a result of the principal’s escape from a 

severe form of trafficking or cooperation 

with law enforcement. 8 CFR 

214.11(k)(1)(iii). 

• Permit all derivative T 

nonimmigrants, if otherwise eligible, to 

apply for adjustment of status under 

INA section 245(l), 8 U.S.C. 1255(l). 8 

CFR 245.23(b)(2). 

• Remove the requirement that 

eligible family members must face 

extreme hardship if the family member 

is not admitted to the United States or 

was removed from the United States. 

See 81 FR 92282 (describing the 

change). 

• Exempt T nonimmigrant applicants 

from the public charge ground of 

inadmissibility. 8 CFR 212.16(b). 

• Limit duration of T nonimmigrant 

status to 4 years but providing 

extensions for LEA need, for exceptional 

circumstances, and for the pendency of 

an application for adjustment of status. 

8 CFR 214.11(c)(1) and (l). 

• Clarify that presence in the 

Commonwealth of the Northern Mariana 

Islands after being granted T 

nonimmigrant status qualifies toward 

the requisite physical presence 

requirement for adjustment of status. 8 

CFR 245.23(a)(3)(ii). 

• Conform the regulatory definition of 

sex trafficking to the revised statutory 

definition in section 103(10) of the 

Trafficking Victims Protection Act. 22 

U.S.C. 7102(10), as amended by section 

108(b) of the JVTA, 129 Stat. 239. 8 CFR 

214.11(a). 

• Specify how USCIS will exercise its 

waiver of grounds of inadmissibility 

authority with respect to criminal 

inadmissibility grounds. 8 CFR 

212.16(b)(3). 

• Discontinue the practice of 

weighing evidence as primary and 

secondary in favor of an ‘‘any credible 

evidence’’ standard. 8 CFR 

214.11(d)(2)(ii) and (3). 

• Provide guidance on the definition 

of ‘‘severe form of trafficking in 

persons’’ where an individual has not 

performed labor or services, or a 

commercial sex act. 8 CFR 214.11(f)(1). 

• Remove the current regulatory 

‘‘opportunity to depart’’ requirement for 

those who escaped traffickers before law 

enforcement became involved. 8 CFR 

214.11(g)(2). 

• Address situations where trafficking 

has occurred abroad, but the applicant 

can potentially meet the physical 

presence requirement. 8 CFR 

214.11(g)(3). 

• Eliminate the requirement that an 

applicant provide three passport-style 

photographs. See 81 FR 92298 

(providing reasons for the change. 

• Remove the filing deadline for 

applicants victimized prior to October 

28, 2000. Update the regulation to 

reflect the creation of DHS, and to 

implement current standards of 

regulatory organization, plain language, 

and USCIS efforts to transform its 

customer service practices. See 81 FR 

92277. 

DHS believes the T nonimmigrant 

program is an effective tool in the 

investigation of and fight against human 

trafficking, disrupting and dismantling 

human trafficking organizations and 

providing support and protection to 

their victims. During the reopening of 

the public comment period, DHS 

encourages comments and suggestions 

on all aspects of the T-nonimmigrant 

program and USCIS administration of 

the program. 

DHS is reopening the comment period 

to allow interested persons to provide 

up-to-date comments on the IFR in 

recognition of the time that has lapsed 

since the initial publication of the IFR. 

Reopening the comment period ensures 

that we are fully considering all current 

factors, concerns and input of the 

parties who may be affected by this 

rulemaking. DHS also believes that the 

T nonimmigrant program will benefit 

from updated public comments 

regarding eligibility and procedures for 

the classification for T nonimmigrant 

status. Due to the lapse in time since the 

IFR was issued, DHS seeks to reengage 

the public and allow further input on 

the changes prior to finalizing this 

rulemaking. DHS will consider 

comments received during the entire 

public comment period in our 

development of a final rule. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2021–14992 Filed 7–15–21; 8:45 am] 

BILLING CODE 9111–97–P 

FARM CREDIT ADMINISTRATION 

12 CFR Part 655 

RIN 3052–AD47 

Federal Agricultural Mortgage 

Corporation Disclosure and Reporting 

AGENCY: Farm Credit Administration. 

ACTION: Notification of effective date. 

SUMMARY: The Farm Credit 

Administration (FCA) issued a direct 

final rule adopting administrative 

amendments to eliminate requirements 

for the Federal Agricultural Mortgage 

Corporation (Farmer Mac) to submit 

paper copies of certain reports to the 

FCA’s Office of Secondary Market 

Oversight (OSMO). Electronic copies of 

the reports are sufficient for oversight 

and examination purposes. 

DATES: The direct final rule amending 

12 CFR part 655, published on May 24, 

2021 (86 FR 27797), is effective on July 

9, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Technical Information: Tiffany West, 

Assistant to the Director, Office of 

Secondary Market Oversight, Farm 

Credit Administration, McLean, VA 

22102–5090, (703) 883–4280, TTY (703) 

883–4056; or 

Legal Information: Hazem Isawi, 

Senior Attorney, Office of General 

Counsel, Farm Credit Administration, 

McLean, VA 22102–5090, (703) 883– 

4020, TTY (703) 883–4056. 

SUPPLEMENTARY INFORMATION: On May 

24, 2021, FCA issued a direct final rule 

adopting administrative amendments to 

eliminate requirements for Farmer Mac 

to submit paper copies of certain reports 

to OSMO. In accordance with 12 U.S.C. 

2252(c)(1), the effective date of the rule 

is no earlier than 30 days from the date 

of publication in the Federal Register 

during which either or both Houses of 

Congress are in session. Based on the 

records of the sessions of Congress, the 

effective date of the regulations is July 

9, 2021. 

Dated: July 12, 2021. 

Dale Aultman, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 2021–15115 Filed 7–15–21; 8:45 am] 

BILLING CODE 6705–01–P 


jbell on DSKJLSW7X2PROD with RULES