[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6078 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 6078
To amend the Immigration and Nationality Act to eliminate the annual
numerical limitation on visas for certain immigrants, to require the
Secretary of Homeland Security to grant work authorization to certain
immigrants with a pending application for nonimmigrant status under
such Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 23, 2021
Mr. Panetta introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to eliminate the annual
numerical limitation on visas for certain immigrants, to require the
Secretary of Homeland Security to grant work authorization to certain
immigrants with a pending application for nonimmigrant status under
such Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigrant Witness and Victim
Protection Act of 2021''.
SEC. 2. PURPOSE; FINDINGS; SENSE OF CONGRESS.
(a) Purpose.--The purpose of this Act is to remove barriers for
alien survivors of domestic violence, sexual assault, human
trafficking, and other crimes who may be eligible for protections under
the Violence Against Women Act of 1994 (VAWA), the Trafficking Victims
Protection Act of 2000 (TVPA), and their subsequent reauthorizations.
(b) Findings.--Congress finds the following:
(1) Threats of deportation are one of the most potent tools
abusers and perpetrators of crime use to maintain control over
and silence alien victims and to avoid criminal prosecution.
Abusers and perpetrators leverage the immigration system in the
abuse and exploitation of aliens they victimize.
(2) A bipartisan majority in Congress created critical
immigration protections in VAWA, TVPA and their subsequent
reauthorizations in recognition that alien survivors of
domestic violence, sexual assault, human trafficking, and other
eligible crimes often fear that reaching out for help may lead
to their deportation.
(3) Detention and removal of those with victim-based cases
undermines the intent of VAWA, TVPA, and their subsequent
reuauthorizations and re-traumatizes victims and their
children. Deporting survivors while they await decisions on
their cases discourages victims from accessing justice,
undermines the usefulness of these forms of relief as tools for
law enforcement that seek to keep all communities safe,
separates them from their children and support networks, and
eliminates the ability of local law enforcement to continue
protecting and working with such crime survivors.
(4) Lack of timely access to employment authorization makes
victims more vulnerable and may lead to their need to endure or
return to abusive relationships or exploitative conditions.
Crime and abuse survivors should have access to work
authorization to escape abusive situations, and gain self-
sufficiency following victimization so they can support
themselves and their families.
(c) Sense of Congress.--It is the sense of Congress that the
Secretary of Homeland Security should not deport crime victims or
neglected, abused, or abandoned youth before their applications for
humanitarian relief are fully adjudicated, as it undermines critical
bipartisan protections created in VAWA, TVPA, and their subsequent
reauthorizations.
SEC. 3. ELIMINATION OF ANNUAL NUMERICAL LIMITATION ON U VISAS.
Section 214(p) of the Immigration and Nationality Act (8 U.S.C.
1184(p)) is amended by striking paragraph (2).
SEC. 4. ELIMINATION OF ANNUAL NUMERICAL LIMITATION ON SPECIAL IMMIGRANT
JUVENILE VISAS.
(a) Aliens Not Subject to Direct Numerical Limitations.--Section
201(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)(A)) is amended by striking ``subparagraph (A) or (B)'' and
inserting ``subparagraphs (A), (B), or (J)''.
(b) Per Country Levels.-- Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``(5),''
and inserting ``(5), and except for special immigrants described in
subparagraph (J) of section 1101(a)(27) of this title,''.
(c) Certain Special Immigrants.--Section 203(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)(4)) is amended by
striking ``subparagraph (A) or (B)'' and inserting ``subparagraphs (A),
(B), or (J)''.
SEC. 5. WORK AUTHORIZATION WHILE APPLICATIONS AND PETITIONS ARE
PENDING.
(a) U Visas.--Section 214(p) of the Immigration and Nationality Act
(8 U.S.C. 1184(p)) is amended--
(1) in paragraph (6), by striking the last sentence; and
(2) by adding at the end the following:
``(8) Work authorization.--Notwithstanding any provision of
this Act granting eligibility for employment in the United
States, the Secretary of Homeland Security shall grant
employment authorization to an alien who has filed an
application for nonimmigrant status under section 101(a)(15)(U)
on the date that is the earlier of--
``(A) the date on which the alien's application for
such status is approved; or
``(B) a date determined by the Secretary that is
not later than 180 days after the date on which the
alien filed the application.''.
(b) T Visas.--Section 214(o) of the Immigration and Nationality Act
(8 U.S.C. 1184(o)) is amended by adding at the end the following:
``(8) Notwithstanding any provision of this Act granting
eligibility for employment in the United States, the Secretary of
Homeland Security shall grant employment authorization to an alien who
has filed a petition for nonimmigrant status under section
101(a)(15)(T) on the date that is the earlier of--
``(A) the date on which the alien's petition for such
status is approved; or
``(B) a date determined by the Secretary that is not later
than 180 days after the date on which the alien filed the
petition.''.
(c) VAWA Self-Petitioners.--Section 204(a)(1)(K) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(K)) is amended to read:
``(K) Notwithstanding any provision of this Act
restricting eligibility for employment in the United
States, the Secretary of Homeland Security shall grant
employment authorization to such an alien in the United
States on the date that is the earlier of--
``(i) the date on which the alien's
petition as a VAWA self-petitioner is approved;
or
``(ii) a date determined by the Secretary
that is not later than 180 days after the date
on which the alien filed the petition as a VAWA
self-petitioner.''.
(d) Special Immigrant Juveniles.--Section 245 of the Immigration
and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the
following:
``(n) Work Authorization for Certain Special Immigrants.--
Notwithstanding any provision of this Act granting eligibility for
employment in the United States, the Secretary of Homeland Security
shall grant employment authorization to an alien who has filed a
petition for special immigrant status under section 101(a)(27)(J) on
the date that is the earlier of--
``(1) the date on which the alien's petition for such
status is approved; or
``(2) a date determined by the Secretary that is not later
than 180 days after the date on which the alien filed the
petition.''.
(e) Cancellation of Removal.--Section 240A(b)(2) of the Immigration
and Nationality Act (8 U.S.C. 1229b(b)(2)) is amended by adding at the
end the following:
``(E) Work authorization.--Notwithstanding any
provision of this Act granting eligibility for
employment in the United States, the Secretary of
Homeland Security shall grant employment authorization
to an alien who has filed an application for
cancellation of removal under this paragraph on a date
that is not later than 180 days after the date on which
the alien filed the application.''.
SEC. 6. STAY OF REMOVAL.
(a) In General.--An alien described in subsection (b) shall not be
removed from the United States under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) or any other provision of law until
there is a final denial of the alien's application for status after the
exhaustion of administrative and judicial review.
(b) Aliens Described.--An alien is described in this subsection if
the alien--
(1) has a pending or approved application or petition under
section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 106,
240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997) of
the Immigration and Nationality Act (8 U.S.C. 1101, 1229a,
1254a); or
(2) is a VAWA self-petitioner, as defined in section
101(a)(51) of the Immigration and Nationality Act, with a
pending application for relief under a provision referred to in
one of subparagraphs (A) through (G) of such section.
SEC. 7. PROHIBITION ON DETENTION OF CERTAIN VICTIMS WITH PENDING OR
APPROVED PETITION OR APPLICATION.
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226)
is amended by adding at the end the following:
``(a) Prohibition on Detention of Certain Victims With Pending or
Approved Petitions and Applications.--
``(1) In general.--Notwithstanding any other provision of
this Act, there shall be a presumption that the alien described
in paragraph (2) should be released from detention. The
Secretary of Homeland Security shall have the duty of rebutting
this presumption, which may only be shown based on clear and
convincing evidence, including credible and individualized
information, that the use of alternatives to detention will not
reasonably ensure the appearance of the alien at removal
proceedings, or that the alien is a threat to another person or
the community. The fact that an alien has a criminal charge
pending against the alien may not be the sole factor to justify
the continued detention of the alien.
``(2) Alien described.--An alien is described in this
paragraph if the alien--
``(A) has a pending or approved application or
petition under section 101(a)(15)(T), 101(a)(15)(U),
101(a)(27)(J), 106, 240A(b)(2), or 244(a)(3) (as in
effect on March 31, 1997); or
``(B) is a VAWA self-petitioner, as defined in
section 101(a)(51), with a pending application for
relief under a provision referred to in one of
subparagraphs (A) through (G) of such section.''.
SEC. 8. PENALTIES FOR DISCLOSURE OF INFORMATION.
(a) In General.--Section 384 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``solely'';
(B) in paragraph (2)--
(i) by striking ``information which
relates'' and inserting ``information, files,
or records which relate''; and
(ii) by striking the period at the end and
inserting a semicolon;
(C) by adding at the end the following new
paragraph:
``(3) Except as provided in this paragraph, neither the
Department, nor any other official or employee of the
Department, or bureau or agency thereof, nor the Department of
Justice, nor any official or employee of the Department of
Justice, or bureau or agency thereof, may--
``(A) use the information furnished by the
applicant pursuant to an application filed under
paragraph (15)(T), (15)(U), (27)(J), or (51) of section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a) (15)(T), (15)(U), (27)(J), or (51)), or section
240A(b)(2) of such Act (8 U.S.C. 1229b(b)(2)), section
106 (8 U.S.C. 1105a), for any purpose other than to
make a determination on the application, or for
enforcement of subsection (c) of this section;
``(B) make any publication of information that
identifies a particular individual; or
``(C) permit anyone other than the sworn officers
and employees of the Department or bureau or agency to
examine individual applications.'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``legitimate law
enforcement purpose,'' and inserting ``a criminal
investigation or prosecution,'';
(B) by striking paragraph (4) and inserting the
following new paragraph:
``(4) Paragraphs (2) and (3) of this section shall not
apply if all the individuals in the case are adults and they
have all waived the restrictions of such subsections.''; and
(3) in subsection (d), by inserting that end ``The Attorney
General, Secretary of State, and the Secretary of Homeland
Security shall provide Congress with an annual report regarding
training provided to officers and employees, number of
investigations opened for violations of sections (a)(1)-(a)(3),
and the results of those investigations.''.
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