[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5145 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5145
To extend immigration benefits to survivors of domestic violence,
sexual assault, human trafficking, and other gender-based violence, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 4, 2023
Ms. Jayapal (for herself, Ms. Schakowsky, Mr. Espaillat, Mr. Panetta,
Mr. Nadler, Ms. Barragan, Mr. Blumenauer, Mr. Carbajal, Mr. Casar, Mr.
Casten, Mr. Castro of Texas, Ms. Chu, Mr. Garcia of Illinois, Ms.
Jackson Lee, Mr. Johnson of Georgia, Ms. Lee of California, Mr.
McGovern, Ms. Meng, Mrs. Napolitano, Ms. Norton, Ms. Ocasio-Cortez, Ms.
Omar, Ms. Scanlon, and Ms. Tlaib) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Committees on Ways and Means, Agriculture, Education and the Workforce,
Energy and Commerce, and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To extend immigration benefits to survivors of domestic violence,
sexual assault, human trafficking, and other gender-based violence, 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 ``Working for Immigrant Safety and
Empowerment Act of 2023'' or as the ``WISE Act of 2023''.
SEC. 2. PURPOSE; SENSE OF CONGRESS.
(a) Purpose.--The purpose of this Act is to remove barriers to
immigration status for non-citizen 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) and
the Trafficking Victims Protection Act of 2000 (TVPA) and other
vulnerable immigrants.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Homeland Security should reduce barriers to, and provide
victims timely access to the immigration protections such as those
created in VAWA and the TVPA, as well as refrain from deporting crime
victims before their applications for humanitarian relief are fully
adjudicated, as it undermines critical bi-partisan protections created
in VAWA and the TVPA.
SEC. 3. U VISA REFORM.
(a) Physical or Mental Abuse.--Section 101(a)(15)(U)(i)(I) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(i)(I)) is
amended by striking the semicolon after ``criminal activity described
in clause (iii)'' and inserting the following: ``or civil violations
described in clause (iv); and''.
(b) Removal of Certain Bases.--Section 101(a)(15)(U)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(i)) is amended
by striking subclauses (II) and (III).
(c) Inclusion of Civil Violations.--Section 101(a)(15)(U)(i)(IV) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(i)(IV)) is
amended--
(1) by striking ``(IV)'' and inserting ``(II)''; and
(2) by inserting after ``criminal activity described in
clause (iii)'' the following: ``or civil violations described
in clause (iv)''.
(d) Civil Violations Described.--Section 101(a)(15)(U)) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended--
(1) in clause (ii)(II), by striking ``and'' at the end;
(2) in clause (iii), by striking ``or'' at the end and
inserting ``and''; and
(3) by adding at the end the following:
``(iv) the term `civil violations' refers
to violations related to the activities
described in clause (iii) that may give rise to
a civil or administrative investigation,
proceeding or adjudication; or''.
(e) Adding Qualifying Crimes and Civil Violations.--Section
101(a)(15)(U) of the Immigration and Nationality Act, as amended by
this Act (8 U.S.C. 1101(a)(15)(U)), is further amended--
(1) by moving clause (iii) 2 ems to the left; and
(2) in clause (iii), by inserting after ``fraud in foreign
labor contracting (as defined in section 1351 of title 18,
United States Code)'' the following: ``; hate crime acts; child
abuse; elder abuse;''.
(f) Certifications.--Section 214(p)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(p)(1)) is amended to read as follows:
``(1) Petition filing.--A petition filed by the alien under
101(a)(15)(U)(i) shall be filed with the Secretary of Homeland
Security.''.
(g) Eliminating Annual U Visa Numerical Limitation.--Section 214(p)
of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended by
striking paragraph (2).
(h) Employment Authorization.--Section 214(p) of the Immigration
and Nationality Act (8 U.S.C. 1184(p)) is amended--
(1) in paragraph (3)(B), by striking ``during the period
those aliens are in lawful temporary resident status under that
subsection, provide the aliens with employment authorization''
and inserting ``provide the aliens with employment
authorization pursuant to paragraph (8)'';
(2) in paragraph (6)--
(A) in the first sentence by striking ``than 4
years'' and all that follows through the period;
(B) in the second sentence, strike ``exceptional''
and insert ``compelling''; and
(C) by striking the last sentence; and
(3) by adding at the end the following:
``(8) Work authorization.--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.
Eligibility for work authorization in the United States under
another provision of this Act does not preclude the issuance of
work authorization under this paragraph. Such employment
authorization shall continue in effect while the alien has
temporary resident status under section 101(a)(15)(U).''.
(i) Parole for U Visa Waitlist.--The Secretary shall, when
appropriate, grant parole to petitioners for a visa under section
101(a)(15)(U) and qualifying family members abroad who seek parole
while the petitions are pending.
(j) Eliminate Civil Penalties for Failure To Depart.--Section
240B(d)(2) of the Immigration and Nationality Act (8 USC 1229c(d)(2))
is amended to read as follows:
``(2) Application of vawa and tvpa protections.--The
restrictions on relief under paragraph (1) shall not apply to
relief under section 240A or section 245 on the basis of--
``(A) a petition filed under section 101(a)(15)(U);
``(B) a petition filed under section 101(a)(27)(J);
``(C) adjustment of status application filed under
section 245(h);
``(D) a petition filed under section 101(a)(15)(T);
``(E) a petition or application referred to under
section 101(a)(51) filed by a VAWA self-petitioner; or
``(F) a petition filed under section 240A(b)(2), or
under section 244(a)(3) (as in effect prior to March
31, 1997).''.
(k) Aging Out Determinations.--
(1) Section 214(p)(7)(A) of the Immigration and Nationality
Act (8 U.S.C. 1184(p)(7)(A)) is amended--
(A) by striking ``unmarried''; and
(B) by striking ``but while it was pending''.
(2) Section 214(p)(7)(B) of the Immigration and Nationality
Act (8 U.S.C. 1184(p)(7)(B)) is amended by striking ``but while
it is pending''.
(3) Section 245(m)(3) of the Immigration and Nationality
Act (8 U.S.C. 1255(m)(3)) is amended--
(A) by inserting ``(A) In general.--'' before
``Upon approval''; and
(B) by adding at the end the following:
``(B) Children.--An alien who seeks to adjust status or
obtain an immigrant visa based upon a parent's application for
adjustment of status, and who was under 21 years of age on the
date on which such parent applied for adjustment of status,
shall continue to be classified as a child for purposes of this
paragraph, if the alien attains 21 years of age after such
parent's petition was filed.
``(C) Principal aliens.--A parent described subparagraph
(A) shall continue to be treated as a parent for purposes of
this paragraph if the alien child attains 21 years of age after
his or her application for status under paragraph (1) of such
section is filed.''.
(l) Effective Date.--The amendments made by this section shall take
effect as if enacted as part of the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386; 114 Stat. 1464) for all
those who were not otherwise admitted into the United States in under
section 101(a)(15)(U) (8 U.S.C. 1101(a)(15)(U)).
SEC. 4. IMMIGRATION STATUS FOR CERTAIN BATTERED SPOUSES AND CHILDREN.
(a) Nonimmigrant Status for Certain Battered Spouses and
Children.--Section 101(a)(51) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(51)) is amended--
(1) in subparagraph (F), by striking ``or'' at the end;
(2) in subparagraph (G), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(H) section 106 as an abused derivative alien.''.
(b) Relief for Abused Derivative Aliens.--
(1) Amendment.--Section 106 of the Immigration and
Nationality Act (8 U.S.C. 1105a) is amended to read as follows:
``SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS.
``(a) Abused Derivative Alien Defined.--In this section, the term
`abused derivative alien' means an alien who--
``(1) is a spouse or child admitted under section
101(a)(15);
``(2) is accompanying or following to join a principal
alien admitted under such section; and
``(3) has been subject to battery or extreme cruelty by
such principal alien.
``(b) Relief for Abused Derivative Aliens.--The Secretary of
Homeland Security--
``(1) shall consider an abused derivative alien and any
child of that alien be admissible and eligible to extend the
period of admission for the period for the period that is the
longer of--
``(A) the same period for which the principal alien
was initially admitted; or
``(B) 3 years;
``(2) may extend any period of admission under paragraph
(1) as the Secretary determines appropriate;
``(3) shall grant employment authorization to an abused
derivative alien and any eligible child of that alien; and
``(4) may adjust the status of an alien admitted or whose
admission is extended under this section to that of an alien
lawfully admitted for permanent residence if--
``(A)(i) the abused derivative alien is not
inadmissible under section 212(a); or
``(ii) the Secretary of Homeland Security
determines that the continued presence in the United
States of the abused derivative alien is justified--
``(I) on humanitarian grounds;
``(II) to ensure family unity; or
``(III) is otherwise in the public
interest; and
``(B) the status under which the principal alien
was admitted to the United States would have
potentially allowed for eventual adjustment of status.
``(c) Provisions for Children.--
``(1) In general.--An alien whose parent adjusted status to
that of a lawful permanent resident under this section, and who
was under 21 years of age on the date on which such parent
petitioned for such adjustment, shall continue to be classified
as a child if the alien attains 21 years of age after such
parent's petition was filed.
``(2) Constructive filing.--For purposes of this section,
an individual who qualified to file a petition under this
section as of the day before the date on which the individual
attained 21 years of age, and who did not file such a petition
before such day, shall be deemed as having filed a petition
under this section as of such day if a petition is filed before
the individual attains 25 years of age and the individual shows
that the battery or extreme cruelty described in subsection
(a)(3) was a primary cause for the delay in filing.
``(d) Relationship Considerations.--
``(1) In general.--The death of the principal alien shall
not affect the status of an abused derivative alien under this
section.
``(2) Effect of loss of status or termination of
relationship.--The principal alien's loss of status or the
legal termination of the abused derivative alien's familial or
marital relationship with principal alien shall not affect the
status of an abused derivative alien under this section if
battery or extreme cruelty by the principal alien was one
central reason for such termination or loss of status.
``(3) Good faith belief in marriage.--In the case of an
alien who--
``(A) believed that he or she had married the
principal alien;
``(B) participated in a marriage ceremony with the
principal alien that was actually performed; and
``(C) who otherwise meets any applicable
requirements under this Act to establish the existence
of and bona fides of a marriage,
that alien may not be considered not to be the spouse of such
principal alien for purposes of this section solely because the
marriage to the principal alien was invalid on the basis of
bigamy.
``(e) Procedures.--A request for relief under this section shall be
handled under the procedures that apply to an alien seeking relief
under--
``(1) any of clauses (iii) through (viii) of section
204(a)(1)(A);
``(2) any of clauses (ii) through (v) of section
204(a)(1)(B); or
``(3) subparagraph (C) or (D) of section 204(a)(1).
``(f) Derivatives of Abused Derivative Aliens.--
``(1) Derivative status.--Upon approval of adjustment of
status of an abused derivative alien, the Secretary of Homeland
Security may, to the extent necessary to avoid extreme hardship
to the abused derivative alien or a covered derivative of the
abused derivative alien, adjust the status of a covered
derivative of the abused derivative alien to that of an alien
lawfully admitted for permanent residence or issue an immigrant
visa to such covered derivative.
``(2) Recording.--Upon the approval of adjustment of status
under paragraph (1), the Secretary of Homeland Security shall
record the alien's lawful admission for permanent residence as
of the date of such approval.
``(3) Definition.--For purposes of this subsection, the
term `covered derivative' means, with respect to an abused
derivative alien, a spouse, a child, or, in the case that the
primary alien is an alien child, a parent who did not receive
status pursuant to this section.
``(g) No Effect on Other Eligibilities.--Admission and eligibility
for adjustment of status under subsection (b) shall not preclude
adjustment of status based on other grounds for which the alien is
eligible.''.
(2) Clerical amendment.--The table of contents preceding
section 101 of the Immigration and Nationality Act (8 U.S.C.
1101) is amended by striking the item relating to section 106
and inserting the following:
``Sec. 106. Relief for abused derivative aliens.''.
(c) Survival Rights to Self-Petition.--Section 204(h) of the
Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended in the
second sentence by amending to read as follows: ``Remarriage or
marriage of a VAWA self-petitioner who has filed an application or
petition for relief under any provision referred to section 101(a)(51)
shall have no effect on approval of such petition or application and
shall not be the basis for revocation of an petition under section
205.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to VAWA
self-petitioners filing applications before, on, or after the date of
the enactment of this Act.
SEC. 5. PROHIBITION ON DETENTION OF CERTAIN VICTIMS WITH PENDING OR
APPROVED PETITIONS AND APPLICATIONS.
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226)
is amended by adding at the end the following:
``(f) 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) shall be released from detention without
conditions. The Secretary of Homeland Security may rebut the
presumption if the Secretary determines, based on clear and
convincing evidence that is retained in the record, 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 danger to another person or the community. The fact
that an alien has a criminal charge pending against the alien
or dismissed may not be the sole factor to justify the
continued detention of the alien.
``(2) Alien described.--An alien described in this
paragraph is an alien who--
``(A) has a pending application under section
101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or
244(a)(3) (as in effect on March 31, 1997);
``(B) is a VAWA self-petitioner with a pending
application for relief under a provision referred to in
one of subparagraphs (A) through (G) of section
101(a)(51); or
``(C) has a pending or approved petition under
section 101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)).''.
SEC. 6. ACCESS TO CERTAIN INFORMATION.
Section 384 of the Illegal Immigration Reform and Immigration
Responsibility Act of 1996 (8 U.S.C 1367) is amended as follows:
(1) in subsection (a)(1)--
(A) by striking ``solely'' after ``furnished''; and
(B) by striking ``or'' at the end;
(2) in subsection (a)(2)--
(A) by inserting ``, files, or records,'' after
``information'';
(B) by striking ``relates'' and inserting
``relate''; or
(C) by striking the period at the end and inserting
``; or'';
(3) in subsection (a), by adding at the end the following:
``(3) except as provided in this subsection--
``(A) use the information furnished by the
applicant pursuant to an application or petition filed
under paragraph (15)(T), (15)(U), (27)(J), or (51) of
section 101(a) of the Immigration and Nationality Act,
or section 240A(b)(2) of such Act, 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 whereby the information
furnished by any particular individual would permit the
individual to be identified or located; or
``(C) permit anyone other than the sworn officers
and employees of the Department or bureau or agency to
examine individual applications.'';
(4) in subsection (b)(2), by striking ``legitimate law
enforcement purpose,'' and inserting ``a criminal investigation
or prosecution,'';
(5) in subsection (b)(4), to read as follows:
``(4) Paragraphs (2) and (3) of subsection (a) shall not
apply if all the individuals in the case are adults and they
have all waived, in writing, the restrictions of such
subsection.'';
(6) in subsection (c) by striking ``5,000'' and inserting
``10,000'';
(7) in subsection (d) by adding at the end the following:
``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 paragraphs
(1) through (3) of subsection (a), and the results of those
investigations.''; and
(8) by adding at the end the following:
``(e) Remedial Measures.--The Attorney General, Secretary of State,
and the Secretary of Homeland Security shall make rules not later than
120 days after the date of enactment of this subsection to establish a
process, for the benefit of individuals harmed by violations of this
section, to determine whether there has been a violation of this
section, and to remedy any such violation. Such process shall include
an appeal process for any determination that a violation did not occur.
``(f) Cause of Action.--An individual who is injured by a violation
of this section may bring a civil action for appropriate relief,
including an order to strike any information obtained or provided in
violation of this section from the appropriate records.
``(g) Annual Report.--Each year the Attorney General, Secretary of
State, and the Secretary of Homeland Security shall each report on the
number of employees sanctioned for violations of this section.''.
SEC. 7. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT PROTECTED
AREAS.
Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357)
is amended by adding at the end the following:
``(i)(1) In this subsection:
``(A) The term `appropriate committees of Congress' means--
``(i) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(ii) the Committee on the Judiciary of the
Senate;
``(iii) the Committee on Homeland Security of the
House of Representatives; and
``(iv) the Committee on the Judiciary of the House
of Representatives.
``(B) The term `enforcement action'--
``(i) means an apprehension, arrest, interview,
request for identification, search, or surveillance for
the purposes of immigration enforcement; and
``(ii) includes an enforcement action at, or
focused on, a protected area that is part of a joint
case led by another law enforcement agency.
``(C) The term `exigent circumstances' means a situation
involving--
``(i) a threat to the national security of the
United States;
``(ii) the imminent risk of death, violence, or
physical harm to any person;
``(iii) the immediate arrest or pursuit of an
individual who poses a public safety threat; or
``(iv) the imminent risk of destruction of evidence
that is material to an ongoing criminal case.
``(D) The term `prior approval' means--
``(i) in the case of officers and agents of U.S.
Immigration and Customs Enforcement, prior written
approval to carry out an enforcement action involving a
specific individual or individuals authorized by--
``(I) the Assistant Director of Operations,
Homeland Security Investigations;
``(II) the Executive Associate Director of
Homeland Security Investigations;
``(III) the Assistant Director for Field
Operations, Enforcement and Removal Operations;
or
``(IV) the Executive Associate Director for
Field Operations, Enforcement and Removal
Operations;
``(ii) in the case of officers and agents of U.S.
Customs and Border Protection, prior written approval
to carry out an enforcement action involving a specific
individual or individuals authorized by--
``(I) a Chief Patrol Agent;
``(II) the Director of Field Operations;
``(III) the Director of Air and Marine
Operations; or
``(IV) the Internal Affairs Special Agent
in Charge; and
``(iii) in the case of other Federal, State, or
local law enforcement officers, to carry out an
enforcement action involving a specific individual or
individuals authorized by--
``(I) the head of the Federal agency
carrying out the enforcement action; or
``(II) the head of the State or local law
enforcement agency carrying out the enforcement
action.
``(E) The term `protected area' includes all of the
physical space located within 1,000 feet of--
``(i) any medical or mental health treatment or
health care facility, including any hospital, doctor's
office, accredited health clinic, alcohol or drug
treatment center, site that serves pregnant
individuals, vaccination or testing site, emergent or
urgent care facility, or community health center;
``(ii) any public or private school, including any
known and licensed day care facility, preschool, other
early learning program facility, primary school,
secondary school, postsecondary school (including
colleges and universities), or other institution of
learning (including vocational or trade schools);
``(iii) any scholastic or education-related
activity or event, including field trips and
interscholastic events;
``(iv) any school bus or school bus stop during
periods when school children are present on the bus or
at the stop;
``(v) any place where children gather, such as a
playground, recreation center, childcare center,
before- or after-school care center, foster care
facility, or group home for children;
``(vi) any organization that--
``(I) assists children, pregnant
individuals, victims of crime or abuse, or
individuals with significant mental or physical
disabilities; or
``(II) provides disaster or emergency
social services and assistance;
``(vii) any church, synagogue, mosque, or other
place of worship, including buildings rented for the
purpose of religious services, retreats, counseling,
workshops, instruction, and education;
``(viii) any Federal, State, or local courthouse,
including the office of an individual's legal counsel
or representative, and a probation, parole, or
supervised release office;
``(ix) the site of a funeral, wedding, or other
religious ceremony or observance;
``(x) any public demonstration, such as a march,
rally, or parade;
``(xi) any domestic violence shelter, rape crisis
center, supervised visitation center, family justice
center, or victim services provider;
``(xii) any youth or teen homeless shelter; or
``(xiii) any other location specified by the
Secretary of Homeland Security for purposes of this
subsection.
``(2)(A) An enforcement action may not take place at, or be focused
on, a protected area unless--
``(i) the action involves exigent circumstances; and
``(ii) prior approval for the enforcement action was
obtained from the appropriate official.
``(B) If an enforcement action is initiated pursuant to
subparagraph (A) and the exigent circumstances permitting the
enforcement action cease, the enforcement action shall be discontinued
until such exigent circumstances reemerge.
``(C) If an enforcement action is carried out in violation of this
subsection--
``(i) no information resulting from the enforcement action
may be entered into the record or received into evidence in a
removal proceeding resulting from the enforcement action; and
``(ii) the alien who is the subject of such removal
proceeding may file a motion for the immediate termination of
the removal proceeding.
``(3)(A) This subsection shall apply to any enforcement action by--
``(i) officers or agents of U.S. Immigration and Customs
Enforcement;
``(ii) officers or agents of U.S. Customs and Border
Protection; and
``(iii) any individual designated to perform immigration
enforcement functions pursuant to subsection (g).
``(B) While carrying out an enforcement action at a protected area,
officers and agents referred to in subparagraph (A) shall make every
effort--
``(i) to limit the time spent at the protected area;
``(ii) to limit the enforcement action at the protected
area to the person or persons for whom prior approval was
obtained; and
``(iii) to conduct themselves discreetly.
``(C) If, while carrying out an enforcement action that is not
initiated at or focused on a protected area, officers or agents are led
to a protected area, and no exigent circumstance and prior approval
with respect to the protected area exists, such officers or agents
shall--
``(i) cease before taking any further enforcement action;
``(ii) conduct themselves in a discreet manner;
``(iii) maintain surveillance; and
``(iv) immediately consult their supervisor in order to
determine whether such enforcement action should be
discontinued.
``(D) The limitations under this paragraph shall not apply to the
transportation of an individual apprehended at or near a land or sea
border to a hospital or health care provider for the purpose of
providing medical care to such individual.
``(4)(A) Each official specified in subparagraph (B) shall ensure
that the employees under the supervision of that official receive
annual training on compliance with--
``(i) the requirements under this subsection in enforcement
actions at or focused on protected areas and enforcement
actions that lead officers or agents to a protected area; and
``(ii) the requirements under section 239 of this Act and
section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367).
``(B) The officials specified in this subparagraph are--
``(i) the Chief Counsel of U.S. Immigration and Customs
Enforcement;
``(ii) the Field Office Directors of U.S. Immigration and
Customs Enforcement;
``(iii) each Special Agent in Charge of U.S. Immigration
and Customs Enforcement;
``(iv) each Chief Patrol Agent of U.S. Customs and Border
Protection;
``(v) the Director of Field Operations of U.S. Customs and
Border Protection;
``(vi) the Director of Air and Marine Operations of U.S.
Customs and Border Protection;
``(vii) the Internal Affairs Special Agent in Charge of
U.S. Customs and Border Protection; and
``(viii) the chief law enforcement officer of each State or
local law enforcement agency that enters into a written
agreement with the Department of Homeland Security pursuant to
subsection (g).
``(5) The Secretary of Homeland Security shall modify the Notice to
Appear form (I-862)--
``(A) to provide the subjects of an enforcement action with
information, written in plain language, summarizing the
restrictions against enforcement actions at protected areas set
forth in this subsection and the remedies available to the
alien if such action violates such restrictions;
``(B) so that the information described in subparagraph (A)
is accessible to individuals with limited English proficiency;
and
``(C) so that subjects of an enforcement action are not
permitted to verify that the officers or agents that carried
out such action complied with the restrictions set forth in
this subsection.
``(6)(A) The Director of U.S. Immigration and Customs Enforcement
and the Commissioner of U.S. Customs and Border Protection shall each
submit an annual report to the appropriate committees of Congress that
includes the information set forth in subparagraph (B) with respect to
the respective agency.
``(B) Each report submitted under subparagraph (A) shall include,
with respect to the submitting agency during the reporting period--
``(i) the number of enforcement actions that were carried
out at, or focused on, a protected area;
``(ii) the number of enforcement actions in which officers
or agents were subsequently led to a protected area; and
``(iii) for each enforcement action described in clause (i)
or (ii)--
``(I) the date on which it occurred;
``(II) the specific site, city, county, and State
in which it occurred;
``(III) the components of the agency involved in
the enforcement action;
``(IV) a description of the enforcement action,
including the nature of the criminal activity of its
intended target;
``(V) the number of individuals, if any, arrested
or taken into custody;
``(VI) the number of collateral arrests, if any,
and the reasons for each such arrest;
``(VII) a certification whether the location
administrator was contacted before, during, or after
the enforcement action; and
``(VIII) the percentage of all of the staff members
and supervisors reporting to the officials listed in
paragraph (4)(B) who completed the training required
under paragraph (4)(A).
``(7) Nothing in the subsection may be construed--
``(A) to affect the authority of Federal, State, or local
law enforcement agencies--
``(i) to enforce generally applicable Federal or
State criminal laws unrelated to immigration; or
``(ii) to protect residents from imminent threats
to public safety; or
``(B) to limit or override the protections provided in--
``(i) section 239; or
``(ii) section 384 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1367).''.
SEC. 8. PROTECTIONS AND RELIEF FOR DOMESTIC VIOLENCE SURVIVORS.
(a) Eligibility for Cancellation of Removal for Domestic Violence
Survivors.--Section 240A(b)(2)(A)(iv) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)(2)(A)(iv)) is amended to read as
follows:
``(iv) the alien is not inadmissible under
section 212(a)(2)(G), section 212(a)(2)(H), or
section 212(a)(3) and is not deportable under
section 237(a)(2)(A)(v) or section 237(a)(4);
and''.
(b) Judicial Review in VAWA Cases.--
(1) Cancellation of removal of domestic violence
survivors.--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) Judicial review of determination for domestic
violence survivors.--A determination of whether an
individual is eligible for or entitled to relief under
this paragraph or any prior provision of law providing
comparable relief, shall be subject to judicial
review.''.
(2) Review of orders of removal of domestic violence
survivors.--Section 242(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1252(a)(1)) is amended to read as
follows:
``(1) General orders of removal.--
``(A) In general.--Judicial review of a final order
of removal (other than an order of removal without a
hearing pursuant to section 235(b)(1)) is governed only
by chapter 158 of title 28 of the United States Code,
except as provided in subparagraph (B) or subsection
(b), and except that the court may not order the taking
of additional evidence under section 2347(c) of such
title.
``(B) Domestic violence survivors and crime
victims.--A final order for the removal of a
nonimmigrant described in section 101(a)(15)(T) or
section 101(a)(15)(U), a VAWA self-petitioner (as
defined in section 101(a)(51)), an applicant for relief
under section 240A(b)(2), an applicant or petitioner
for relief under sections 101(a)(27)(J) or 245(h), or
under any prior status providing comparable relief,
shall be subject to de novo review by the court.''.
(c) Availability of Basic Assistance to Lawfully Present
Noncitizens.--
(1) Elimination of arbitrary eligibility restrictions.--
Sections 402, 403, 411, 412, 421, and 422 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1612, 1613, 1621, 1622, 1631, and 1632) are repealed.
(2) Notification and information reporting.--Section 404 of
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1614) is amended by striking ``, 402, or
403''.
(3) Qualified noncitizens.--Title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1601 et seq.) is amended--
(A) in the header, by striking ``ALIENS'' and
inserting ``NONCITIZENS'';
(B) by striking ``alien'' each place it appears and
inserting ``noncitizen'';
(C) by striking ``aliens'' each place it appears
and inserting ``noncitizens'';
(D) by striking ``alien's'' each place it appears
and inserting ``noncitizen's'';
(E) by striking ``an alien'' each place that it
appears and inserting ``a noncitizen'';
(F) by striking ``alien'' each place that it
appears and inserting ``noncitizen'';
(G) by striking ``qualified alien'' each place that
it appears and inserting ``qualified noncitizen'';
(H) by striking ``qualified aliens'' each place
that it appears and inserting ``qualified
noncitizens'';
(I) by striking ``qualified alien's'' each place
that it appears and inserting ``qualified
noncitizen's'';
(J) in section 402--
(i) in the header, by striking ``qualified
aliens'' and inserting ``qualified
noncitizens''; and
(ii) in subsection (a)(2)(L), by striking
``qualified aliens'' and inserting ``qualified
noncitizens'';
(K) in section 403, in the header, by striking
``qualified aliens'' and inserting ``qualified
noncitizens'';
(L) in section 411, in the header, by striking
``qualified aliens'' and inserting ``qualified
noncitizens''; and
(M) in section 412, in the header, by striking
``qualified aliens'' and inserting ``qualified
noncitizens''.
(4) Access to basic services for lawfully residing
noncitizens.--Section 431 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) is
amended--
(A) in subsection (b)--
(i) in the header, by striking ``Qualified
Alien'' and inserting ``Qualified Noncitizen'';
(ii) by striking ``qualified alien'' and
inserting ``qualified noncitizen'';
(iii) by striking ``alien'' and inserting
``noncitizen'';
(iv) by striking ``an alien'' and inserting
``a noncitizen''; and
(v) by striking ``benefit'' and all that
follows through the period at the end of the
subsection and inserting ``benefit, is lawfully
present in the United States.'';
(B) in subsection (c)--
(i) in the header, by striking ``Qualified
Aliens'' and inserting ``Qualified
Noncitizens'';
(ii) by striking ``; or'' at the end of
paragraph (3) and inserting ``;'';
(iii) by striking the period at the end of
paragraph (4) and inserting ``; or''; and
(iv) by inserting after paragraph (4):
``(5) a noncitizen--
``(A) in a category that was treated as lawfully
present for purposes of section 1101 of the Patient
Protection and Affordable Care Act of 2010 (42 U.S.C.
18001);
``(B) who met the requirements of section
402(a)(2)(D) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)(2)(D)) on or before January 1, 2021;
``(C) who is granted special immigrant juvenile
status as described by section 101(a)(27)(J) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J));
``(D) who has a pending, bona fide application for
nonimmigrant status under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C.
1101(1)(15)(U));
``(E) who was granted relief under the Deferred
Action for Childhood Arrivals program; or
``(F) any other person who is not a citizen of the
United States but who resides in a State or territory
of the United States and is Federally authorized to be
present in the United States.''; and
(C) by adding at the end the following new
subsection:
``(d) Noncitizen.--For the purposes of this section, the term
`noncitizen' means any individual who is not a citizen of the United
States.''.
(5) Child nutrition programs.--Section 742 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1615) is amended--
(A) in subsection (a)--
(i) in the header by striking ``School
Lunch and Breakfast Programs'' and inserting
``Child Nutrition Programs'';
(ii) by striking ``the school lunch
program'' and inserting ``any program''; and
(iii) by striking ``the school breakfast
program under section 4 of the'' and inserting
``any program under''; and
(B) in subsection (b)(1)--
(i) by striking ``Nothing in this Act shall
prohibit or require a State to provide to an
individual who is not a citizen or a qualified
alien, as defined in section 431(b),'' and
inserting ``A State shall not deny''; and
(ii) by striking ``paragraph (2)'' and
inserting ``paragraph (2) on the basis of an
individual's citizenship or immigration
status''.
(6) Exclusion of medical assistance expenditures for
citizens of freely associated states.--Section 1108(h) of the
Social Security Act (42 U.S.C. 1308(h)) is amended--
(A) by striking ``Expenditures'' and inserting:
``(1) Expenditures''; and
(B) by adding at the end the following new
paragraph:
``(2) With respect to eligibility for benefits for the
designated Federal program defined in paragraph (3)(C)
(relating to the Medicaid program), paragraph (1) shall not
apply to any individual who lawfully resides, in accordance
with the Compacts of Free Association between the Government of
the United States and the Governments of the Federated States
of Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau, in any of the several States or the District
of Columbia and shall not apply, at the option of the Governor
of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana
Islands, or American Samoa as communicated to the Secretary of
Health and Human Services in writing, to any individual who
lawfully resides in the respective territory in accordance with
such Compacts.''.
(7) Child health insurance program.--Section 2107(e)(1) of
the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended--
(A) by striking subparagraph (O); and
(B) by redesignating subparagraphs (P), (Q), (R),
(S), (T), and (U) as subparagraphs (O), (P), (Q), (R),
(S), and (T).
(8) Conforming amendments.--
(A) Supplemental food assistance program.--The Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is
amended--
(i) in section 5--
(I) by striking subsection (i); and
(II) by redesignating subsections
(j) through (n) as subsections (i)
through (m), respectively;
(ii) in section 6--
(I) in subsection (f), by striking
``an alien lawfully admitted for
permanent'' and all that follows
through the end of the subsection and
inserting ``a noncitizen lawfully
present in the United States.''; and
(II) in subsection (s)(2), by
striking ``(m), and (n)'' and inserting
``and (m)''; and
(iii) in section 11(e)(2)(B)(v)(II) by
striking ``aliens'' each place it appears and
inserting ``noncitizens''.
(B) Medicaid.--Section 1903(v) of the Social
Security Act (42 U.S.C. 1396b(v)) is amended--
(i) in paragraph (1), by striking
``admitted for'' and all that follows through
the end of the paragraph and inserting
``present in the United States.''; and
(ii) striking paragraph (4).
(C) Housing assistance.--Section 214(a) of the
Housing and Community Development Act of 1980 (42
U.S.C. 1436a(a)) is amended by--
(i) redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(ii) inserting after paragraph (5):
``(6) a qualified noncitizen as defined in section 431 of
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1641);''.
(D) General rule on noncitizens' eligibility.--
Section 401 of Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611)
is amended--
(i) in section 401, in the header--
(I) by striking ``qualified
aliens'' and inserting ``qualified
noncitizens''; and
(II) by striking ``aliens'' and
inserting ``noncitizens'';
(ii) by striking ``qualified alien''
wherever it occurs and inserting ``qualified
noncitizen''; and
(iii) by striking ``alien'' wherever it
occurs and inserting ``noncitizen''.
(E) Assistance not treated as debt absent fraud.--
Section 213A(b)(1)(A) of the Immigration and
Nationality Act is amended by striking ``benefit,'' and
inserting ``benefit by fraud,''.
(9) Preserving access to health care.--Section 36B(c)(1)(B)
of the Internal Revenue Code of 1986 is amended to read as
follows:
``(B) Special rule for certain individuals lawfully
present in the united states.--If--
``(i) a taxpayer has a household income
which is not greater than 100 percent of an
amount equal to the poverty line for a family
of the size involved,
``(ii) the taxpayer is a non-citizen
lawfully present in the United States,
``(iii) the taxpayer is ineligible for
minimum essential coverage under section
5000A(f)(1)(A)(ii), and
``(iv) under the Medicaid eligibility
criteria for non-citizens in effect on December
26, 2020, the taxpayer would be ineligible for
such minimum essential coverage by reason of
the taxpayer's immigration status,
the taxpayer shall, for purposes of the credit under
this section, be treated as an applicable taxpayer with
a household income which is equal to 100 percent of the
poverty line for a family of the size involved.''.
(10) Federal agency guidance.--Not later than 180 days
after the date of the enactment of this Act, each Federal
agency, as applicable, shall issue guidance with respect to
implementing the amendments made by this section.
(11) Effective date.--The amendments made by this
subsection shall take effect on the date of enactment of this
Act and shall apply to services furnished on or after the date
that is 180 days after the date on which any guidance is issued
pursuant to paragraph (10).
(d) Relief From Certain Restrictions on Adjustment of Status.--
(1) Relief from certain restrictions for domestic violence
survivors.--Section 245(d) of the Immigration and Nationality
Act (8 U.S.C. 1255(d)) is amended by inserting before the
period at the end the following: ``, unless the alien is the
spouse of an alien lawfully admitted for legal permanent
residence or of a citizen of the United States and is a VAWA
self-petitioner''.
(2) Conforming application in cancellation of removal.--
Section 240A(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1229b(b)(2)(A)(i)) is amended--
(A) in subclause (II), by striking ``or'' at the
end;
(B) in subclause (III), by adding ``or'' at the
end; and
(C) by adding at the end the following:
``(IV) the alien entered the United
States as an alien described in section
101(a)(15)(K) with the intent to enter
into a valid marriage and the alien (or
the child of the alien who is described
in such section) was battered or
subject to extreme cruelty by the
United States citizen who filed the
petition to accord status under such
section;''.
(3) Application under suspension of deportation for
domestic violence survivors.--The Secretary of Homeland
Security or the Attorney General may suspend the deportation of
an alien who is in deportation proceedings initiated prior to
March 1, 1997, and adjust to the status of an alien lawfully
admitted for permanent residence, if the alien--
(A) has been physically present in the United
States for a continuous period of not less than 3 years
immediately preceding the date of such suspension;
(B) has been battered or subjected to extreme
cruelty in the United States by a spouse or immediate
family member who is a United States citizen or a
lawful permanent resident, or the alien entered the
United States as an alien described in section
101(a)(15)(K) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(K)) with the intent to enter into a
valid marriage and the alien was battered or subject to
extreme cruelty by the United States citizen who filed
the petition to accord status under such section, or
the child of the alien who is described in this
subparagraph;
(C) demonstrates that during all of such time in
the United States the alien was and is a person of good
moral character; and
(D) is a person whose deportation would, in the
opinion of the Secretary or Attorney General, result in
extreme hardship to the alien or the alien's parent or
child.
(4) Effective date.--This subsection and the amendments
made by this subsection shall take effect on the date of the
enactment of this Act and shall apply to aliens who entered the
United States before, on, or after such date.
(e) Work Authorization for Survivors.--
(1) 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 an application 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 application for
such status is approved; or
``(B) a date that is not later than 180 days after
the date on which the alien filed the application.''.
(2) 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 as follows:
``(K)(i) Upon the approval of a petition as a VAWA
self-petitioner, the alien is eligible for work
authorization.
``(ii) 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 on the date
that is the earlier of--
``(I) the date on which the alien's
application for lawful permanent resident
status is approved; or
``(II) a date determined by the Secretary
that is not later than 180 days after the date
that is the earlier of the date on which the
alien filed the application or the alien's
petition as a VAWA self-petitioner is
approved.''.
(3) Special immigrant juveniles.--Section 204(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is
amended by adding at the end the following:
``(M) 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 is otherwise
eligible to be employed, and who has a petition for
special immigrant status under section 101(a)(27)(J)
that is pending or approved on the date that is the
earlier of--
``(i) the date on which the alien's
petition for such status is approved; or
``(ii) a date that is not later than 180
days after the date on which the alien filed
the petition.''.
SEC. 9. RELIEF FOR DOMESTIC VIOLENCE SURVIVOR VISA WAIVER ENTRANTS.
(a) In General.--Section 217(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1187(b)(2)) is amended by inserting ``, an
application or petition described in section 101(a)(51), an application
for relief under section 101(a)(15)(T), section 101(a)(15)(U), section
240A(b)(2), section 101(a)(27)(J), section 245(h), or under any prior
provision of law providing comparable relief,'' after ``asylum,''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
waivers provided under section 217(b)(2) of the Immigration and
Nationality Act before, on, or after such date as if it had been
included in such waivers.
(c) Applicability of Section 212(e) to Spouses and Children of J-1
Exchange Visitors.--A spouse or child of an exchange visitor described
in section 101(a)(15)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(J)), applicants approved for nonimmigrant status
under section 101(a)(15)(T) of such Act, section 101(a)(15)(U) of such
Act, VAWA self-petitioners, as defined in section 101(a)(51) of such
Act, and special immigrant juveniles under section 101(a)(27)(J) of
such Act shall not be subject to the requirements of section 212(e) of
such Act (8 U.S.C. 1182(e)).
SEC. 10. STRENGTHEN WAIVERS FOR HUMANITARIAN NEED, FAMILY UNITY, OR
PUBLIC INTEREST.
(a) Exception for VAWA Self-Petitioners.--Section
212(a)(9)(B)(iii)(IV) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)(iii)(IV)) is amended by striking ``would be described in
paragraph (6)(A)(ii) if `violation of the terms of the alien's
nonimmigrant visa' were substituted for `unlawful entry into the United
States' in subclause (III) of that paragraph.'' and inserting ``is a
VAWA self petitioner.''.
(b) Waivers for Abused Aliens.--
(1) In general.--Section 212(a)(9)(C)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(iii))
is amended--
(A) by inserting ``or the Attorney General'' after
``Secretary of Homeland Security''; and
(B) by striking ``in the case of'' and all that
follows through ``United States.'' and inserting ``for
humanitarian purposes, to assure family unity, when it
is otherwise in the public interest, or in the case of
an alien who is applying for or has a claim of relief
as a VAWA self-petitioner (as defined in section
101(a)(51)).''.
(2) Effective date.--The amendments made by this section
shall take effect on the date of the enactment of this Act and
shall apply regardless of whether the alien's application was
filed before, on, or after such date.
(c) Waivers for False Claims to United States Citizenship.--Section
212(a)(6)(C)(ii) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(6)(C)(ii)) is amended by adding at the end the following new
subclause:
``(III) Exception.--An alien who is
a VAWA self-petitioner shall not be
considered to be inadmissible under any
provision of this subsection based on
such representation.''.
(d) Definitions.--Section 101(f) of the Immigration and Nationality
Act (8 U.S.C. 1101(f)) is amended by striking ``or violation that he or
she was a citizen,'' and inserting ``violation that he or she was a
citizen, or the alien is a VAWA self-petitioner''.
(e) Waiver for Certain VAWA Self-Petitioners.--Section 212(d)(11)
of the Immigration and Nationality Act (8 U.S.C. 1182(d)(11)) is
amended by adding at the end the following: ``The Attorney General may
waive the application of clause (i) of subsection (a)(6)(E) in the case
of an alien who is a VAWA self petitioner.''.
(f) EWI Exemption for Vawa, U Visas, T Visas, SIJs.--Section
212(a)(6)(A)(ii) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(6)(A)(ii)) is amended to read as follows:
``(ii) Exception for certain battered women
and children and victims.--Clause (i) shall not
apply to an alien who demonstrates that the
alien--
``(I) is a VAWA self-petitioner (as
defined in section 101(a)(51) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(51))); or
``(II) qualifies for relief under
subparagraph (T) or (U) of section
101(a)(15)(T), section 240A(b)(2),
section 244(a)(3) (as in effect on
March 31, 1997), or section
101(a)(27)(J).''.
SEC. 11. PROHIBITION ON REMOVAL OF SURVIVORS OF VIOLENCE.
Section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a)
is amended by adding at the end the following:
``(f) Prohibition on Removal of Survivors of Abuse or Violence.--
``(1) In general.--An individual described in paragraph (2)
shall not be removed from the United States under this section
or any other provision of law until the date on which there is
a final denial of the individual's application for status,
after the exhaustion of administrative or judicial review.
``(2) Individual described.--An individual described in
this paragraph is an individual who--
``(A) has a pending petition for special immigrant
juvenile status under subparagraph (J) of section
101(a)(27);
``(B) has an approved petition for special
immigrant juvenile status under subparagraph (J) of
section 101(a)(27) and has not yet adjusted status to
that of a lawful permanent resident;
``(C) is a VAWA self-petitioner (as defined in
section 101(a)(51) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(51))); or
``(D) qualifies for relief under subparagraph (T)
or (U) of section 101(a)(15)(T), section 240A(b)(2), or
section 244(a)(3) (as in effect on March 31, 1997).''.
SEC. 12. EXCEPTION TO REINSTATEMENT.
Section 241 of the Immigration and Nationality Act (8 U.S.C. 1231)
is amended by adding at the end the following:
``(h) Any alien with a pending application under clause (i) or (ii)
of section 101(a)(15)(T), clause (i) or (ii) of section 101(a)(15)(U),
section 101(a)(51), section 240A(b)(2), or section 244(a)(3) (as in
effect on March 31, 1997), or a pending or approved petition under
(101)(a)(27)(J), shall not be ordered removed under this section.''.
SEC. 13. PROTECTIONS FOR STEPCHILDREN.
(a) United States Citizen Parent.--Section 204(a)(1)(A)(iv) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended
by adding at the end the following: ``For purposes of this clause--
``(I) residence includes any period of visitation; and
``(II)(aa) the term `citizen parent' includes `citizen
step-parent'; and
``(bb) none of the following shall affect the ability of a
step-child who was battered or subjected to extreme cruelty to
file a self-petition or have the self-petition favorably
adjudicated and shall not lead to revocation of an approved
VAWA self-petition--
``(AA) death of the step-child self-petitioner's
natural parent;
``(BB) death of the step-child self-petitioner's
step-parent; or
``(CC) divorce between the step-child VAWA self-
petitioner's parent and step-parent.'';
(b) Lawful Permanent Resident Parent.--Section 204(a)(1)(B)(iii) of
the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(iii)) is
amended by adding at the end the following: ``For purposes of this
clause:
``(I) residence includes any period of visitation; and
``(II)(aa) the term `permanent resident parent' includes
`permanent resident step-parent'; and
``(bb) none of the following shall affect the ability of a
step-child who was battered or subjected to extreme cruelty to
file a self-petition or have the self-petition favorably
adjudicated and shall not lead to revocation of an approved
VAWA self-petition--
``(AA) death of the step-child self-petitioner's
natural parent;
``(BB) death of the step-child self-petitioner's
step-parent; or
``(CC) divorce between the step-child VAWA self-
petitioner's parent and step-parent.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to VAWA
self-petitions filed before, on, or after the date of the enactment of
this Act.
SEC. 14. WAIVER OF MONETARY PENALTY.
Section 274D of the Immigration and Nationality Act (8 U.S.C.
1324d) is amended by adding at the end the following:
``(a) Exception.--Subsection (a) shall not apply to an alien who is
a VAWA self-petitioner, as defined in section 101(a)(51), or who has
filed an application for nonimmigrant status under subparagraph (T) or
(U) of section 101(a)(15) or a petition for Special Immigrant Juvenile
status under section 101(a)(27)(J).''.
SEC. 15. TECHNICAL CORRECTION.
Section 240(c)(7)(C)(iv) of the Immigration and Nationality Act is
amended--
(1) by amending the heading to read as follows:
``(iv) Special rule for battered spouses,
children, and parents.--'';
(2) in subclause (I), by striking ``or section 240A(b)(2)''
and inserting ``, section 240A(b), or section 244(a)(3) (as in
effect on March 31, 1997)''; and
(3) in the matter following subclause (IV), by striking
``(as defined in section 431(c)(1)(B) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(c)(1)(B))'' and inserting ``(as defined in
section 431(c)(1)(B) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641(c)(1)(B)))''.
SEC. 16. PERMIT IMMIGRATION JUDGES TO GRANT INADMISSIBILITY WAIVERS.
Section 212(d)(14) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(14)) is amended to read as follows:
``(14) The Secretary of Homeland Security shall determine
whether a ground of inadmissibility exists with respect to a
nonimmigrant described in section 101(a)(15)(U). The Secretary
of Homeland Security or an immigration judge may waive the
application of subsection (a) (other than paragraph (3)(E)) in
the case of a nonimmigrant described in section 101(a)(15)(U)),
if the Secretary of Homeland Security or immigration judge
considers it to be in the public or national interest to do
so.''.
SEC. 17. ELIMINATION OF VISA CAPS FOR ABUSED, ABANDONED, OR NEGLECTED
CHILDREN.
(a) Worldwide Level.--Section 201 of the Immigration and
Nationality Act (8 U.S.C. 1151) is amended in subparagraph (b)(1)(A) by
striking ``subparagraph (A) or (B)'' and inserting ``subparagraphs (A),
(B), or (J)''.
(b) Per-Country Limitation.--Section 202(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1152) is amended by inserting after
``Subject to paragraphs (3), (4), and (5),'' the following: ``and
except for special immigrants described in section 101(a)(27)(J),''.
(c) Allocation.--Section 203 of the Immigration and Nationality Act
(8 U.S.C. 1153) is amended in subparagraph (b)(4) by striking
``subparagraph (A) or (B)'' and inserting ``subparagraphs (A), (B), or
(J)''.
SEC. 18. ELIMINATION OF GENERAL CONSENT STANDARD FOR ABUSED, ABANDONED,
OR NEGLECTED CHILDREN.
Section 101(a)(27)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)) is amended--
(1) in clause (i), by inserting at the end ``and'';
(2) in clause (ii), by striking ``; and'' and inserting the
following: ``, except that--
``(I) no juvenile court has
jurisdiction to determine the custody
status or placement of an alien in the
custody of the Secretary of Health and
Human Services unless the Secretary of
Health and Human Services specifically
consents to such jurisdiction; and
``(II) no natural parent or prior
adoptive parent of any alien provided
special immigrant status under this
subparagraph shall thereafter, by
virtue of such parentage, be accorded
any right, privilege, or status under
this Act; and''; and
(3) by striking clause (iii).
SEC. 19. DEADLINE FOR MOTIONS TO REOPEN ORDERS OF REMOVAL.
Section 240(c)(7)(C) of the Immigration and Nationality Act (8
U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the following:
``(v) Special immigrant juvenile status
petitioners or beneficiaries.--There is no time
limit on the filing of a motion to reopen by an
individual who has a pending or approved
petition for special immigrant juvenile status
under section 101(a)(27)(J) if the basis of the
motion is to apply for adjustment of status. An
individual who has a pending or approved
petition for special immigrant juvenile status
under such section may file one motion under
this clause notwithstanding any numerical
limitation that might otherwise apply. The
filing of a motion to reopen under this clause
shall stay the removal of an individual with a
pending or approved petition for special
immigrant juvenile status pending the final
disposition of the motion, including exhaustion
of all appeals. An immigration judge or the
Board of Immigration Appeals may hold such a
motion in abeyance, or grant such a motion, as
appropriate, so that the individual may wait
for an available visa.''.
SEC. 20. NATURALIZATION.
(a) In General.--Section 319(a) of the Immigration and Nationality
Act (8 U.S.C. 1430(a)) is amended to read as follows:
``(a)(1) A person described in this paragraph is--
``(A) a spouse of citizen of the United States; or
``(B) any lawful permanent resident and who was battered or
subjected to extreme cruelty by a United States citizen who is
or was a spouse, parent, son or daughter.
``(2) A person described in paragraph (1) may be naturalized--
``(A) upon compliance with all the requirements of this
title except the provisions of paragraph (1) of section 316(a);
``(B) if such person, immediately preceding the date of
filing that person's application for naturalization has resided
continuously, after being lawfully admitted for permanent
residence, within the United States for at least three years;
``(C)(i) during the three years immediately preceding the
date of filing such application has been living in marital
union with their citizen spouse who has been a United States
citizen during all of such period; or
``(ii) in the case of a person who has been battered or
subjected to extreme cruelty by a United States citizen spouse,
parent, son or daughter, the requirement of subparagraph (C)(i)
shall not apply regardless of whether the person's lawful
permanent resident status was obtained on the basis of such
battery or cruelty;
``(D) has been physically present in the United States for
periods totaling at least half of the time referred to in
subparagraph (C);
``(E) has resided within the State or district of the
Service in the United States in which the applicant filed such
application for at least 3 months; and
``(F) the provisions of section 204(a)(1)(J) and section
384 of the Illegal Immigration Reform and Immigration
Responsibility Act of 1996 shall apply in acting on an
application under this subsection in the same manner as they
apply in acting on petitions referred to in section
101(a)(51).''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
applications for naturalization filed before, on, or after the date of
the enactment of this Act.
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