Section 1 Short title
This Act may be cited as the “Working for Immigrant Safety and Empowerment Act of 2022” or as the “WISE Act of 2022”.
Working for Immigrant Safety and Empowerment Act of 2022
A BILL
To extend immigration benefits to survivors of domestic violence, sexual assault, human trafficking, and other gender-based violence, and for other purposes.
Sec. 2 Purpose; sense of Congress
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.
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
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”.
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).
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 by inserting after “criminal activity described in clause (iii)” the following: “or civil violations as defined in clause (iv)”.
Civil violations described— Section 101(a)(15)(U)) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended—
in clause (ii)(II), by striking “and” at the end;
in clause (iii), by striking “or” at the end and inserting “and”; and
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”
Adding qualifying crimes and civil violations— Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended—
in clause (ii)(II), by striking “and” at the end;
by moving clause (iii) 2 ems to the left; and
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;”.
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.”
Eliminating 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).
Employment authorization— Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended—
in paragraph (6), by striking the last sentence; and
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.”
Parole for U visa waitlist— Petitioners for a visa under section 101(a)(15)(U) and qualifying family members abroad may seek parole while the petitions are pending.
Eliminate Civil Penalties for Failure To Depart— Section 240B(d)(2) of the Immigration and Nationality Act (8 USC 1229c) 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 1229b or 1255 of this title on the basis of a petition filed by a U visa petitioner, or a petition filed under section 101(a)(15)(U), a petition filed under section 101(a)(27)(J) or adjustment of status application filed under section 245(h), a petition filed under section 101(a)(15)(T), a VAWA self-petitioner, or a petition filed under section 240A(b)(2), or under section 244(a)(3) (as in effect prior to March 31, 1997).”
Aging out determinations—
Section 214(p)(7)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(p)(7)(A)) is amended—
by striking “unmarried”; and
by striking “but while it was pending”.
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 was pending”.
Section 245(m)(3) of the Immigration and Nationality Act (8 U.S.C. 1255(m)(3)) is amended by adding the following under “hardship”.
“(A) 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 section 245(m)(3), if the alien attains 21 years of age after such parent's petition was filed.
“(B) Principal aliens—A parent described in paragraph (3) of section 235(m) shall continue to be treated as a parent if the alien child attains 21 years of age after his or her application for status under paragraph (1) of such section is filed.”
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 (8 U.S.C. 1101(a)(15)(U)).
Sec. 4 Immigration status for certain battered spouses and children
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—
in subparagraph (F), by striking “or” at the end;
in subparagraph (G), by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(H) section 106 as an abused derivative alien.”
Relief for abused derivative aliens—
Amendment— Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a) is amended to read as follows:
“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 grant admission to, or extend the period of admission for, an abused derivative alien and any child of that alien under the subparagraph of section 101(a)(15) pursuant to which the principal alien was admitted 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 renew a grant or an extension of status made under paragraph (1);
“(3) shall grant employment authorization to an abused derivative alien and any 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 admissible 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) An alien whose parent was granted status under this section, and who was under 21 years of age on the date on which such parent petitioned for such status, shall continue to be classified as a child if the alien attains 21 years of age after such parent’s petition was filed.
“(2) 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 treated 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 abuse was at least one central reason for the filing delay.
“(d) Relationship considerations
“(1) The death of the principal alien shall not affect the status of an abused derivative alien under this section.
“(2) The principal alien’s loss of status or termination of the 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 termination of the relationship or loss of status.
“(3) An alien who is the spouse of a principal alien who believed that he or she had married the principal alien and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of the principal alien.
“(e) Effect of termination of relationship—Termination of the 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 termination of the relationship.
“(f) 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).
“(g) Dervatives
“(1) Derivative status—Upon approval of adjustment of status of an alien described in this section, the Secretary of Homeland Security may adjust the status to that of an alien lawfully admitted for permanent residence or issue an immigrant visa to 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 if the Secretary considers the grant of such status or visa necessary to avoid extreme hardship to the alien who received status pursuant to this section or any derivative beneficiary of such alien.
“(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.”
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. 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) should be released from detention without conditions. The Secretary of Homeland Security may rebut the presumption if the Secretary established by 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 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, 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; 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:
in subsection (a)(1), by striking “solely” after “furnished”;
in subsection (a)(2), by inserting “files, or records,” after “information,” and strike “s” from “relates”;
in subsection (a), by adding at the end the following:
“(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 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 can be identified; or
“(C) permit anyone other than the sworn officers and employees of the Department or bureau or agency to examine individual applications.”
in subsection (b)(2), by striking “legitimate law enforcement purpose,” and inserting “a criminal investigation or prosecution,”;
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 the restrictions of such subsection.”
in subsection (c) by striking “5,000” and inserting “10,000”;
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
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 that 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 stricken 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 his or her supervision 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
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”
Judicial review in VAWA cases—
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.”
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 at the request of the nonimmigrant, VAWA self-petitioner, or applicant for relief.”
Availability of basic assistance to lawfully present noncitizens—
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.
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”.
Qualified noncitizens— Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.) is amended—
in the header, by striking “Aliens” and inserting “Noncitizens”;
by striking “alien” each place it appears and inserting “noncitizen”;
by striking “aliens” each place it appears and inserting “noncitizens”;
by striking “alien’s” each place it appears and inserting “noncitizen’s”;
by striking “an alien” each place that it appears and inserting “a noncitizen”;
by striking “alien” each place that it appears and inserting “noncitizen”;
by striking “qualified alien” each place that it appears and inserting “qualified noncitizen”;
by striking “qualified aliens” each place that it appears and inserting “qualified noncitizens”;
by striking “qualified alien’s” each place that it appears and inserting “qualified noncitizen’s”;
in section 402—
in the header, by striking “Qualified Aliens” and inserting “Qualified Noncitizens”; and
in subsection (a)(2)(L), by striking “qualified aliens” and inserting “qualified noncitizens”;
in section 403, in the header, by striking “Qualified Aliens” and inserting “Qualified Noncitizens”;
in section 411, in the header, by striking “Qualified Aliens” and inserting “Qualified Noncitizens”; and
in section 412, in the header, by striking “Qualified Aliens” and inserting “Qualified Noncitizens”.
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—
in subsection (b)—
in the header, by striking “qualified alien” and inserting “qualified noncitizen”;
by striking “qualified alien” and inserting “qualified noncitizen”;
by striking “alien” and inserting “noncitizen”;
by striking “an alien” and inserting “a noncitizen”; and
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.”;
in subsection (c)—
in the header, by striking “qualified aliens” and inserting “qualified noncitizens”;
by striking “; or” at the end of paragraph (3) and inserting “;”;
by striking the period at the end of paragraph (4) and inserting “; or”; and
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.”
by adding at the end the following new subsection:
“(d) Noncitizen—For the purposes of this title, the term noncitizen means any individual who is not a citizen of the United States.”
Child nutrition programs— Section 742 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1615) is amended—
in subsection (a)—
in the header by striking “School lunch and breakfast programs” and inserting “Child nutrition programs”;
by striking “the school lunch program” and inserting “any program”; and
by striking “the school breakfast program under section 4 of the” and inserting “any program under”; and
in subsection (b)(1)—
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
by striking “paragraph (2)” and inserting “paragraph (2) on the basis of an individual’s citizenship or immigration status”.
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—
by striking “Expenditures” and inserting:
“(1) Expenditures”
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 1 of the 50 States or the District of Columbia 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 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.”
Child health insurance program— Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended—
by striking subparagraph (O); and
by redesignating subparagraphs (P), (Q), (R), (S), (T), and (U) as subparagraphs (O), (P), (Q), (R), (S), and (T).
Conforming amendments—
Supplemental food assistance program— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—
in section 5—
by striking subsection (i); and
by redesignating subsections (j) through (n) as subsections (i) through (m), respectively;
in section 6—
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
in subsection (s)(2), by striking “(m), and (n)” and inserting “and (m)”; and
in section 11(e)(2)(B)(v)(II) by striking “aliens” each place it appears and inserting “noncitizens”.
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
striking paragraph (4).
Housing assistance— Section 214(a) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(a)) is amended by—
redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and
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);”
General rule on noncitizens’ eligibility— Section 401 of Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611) is amended—
in section 401, in the header—
by striking “Qualified Aliens” and inserting “Qualified Noncitizens”; and
by striking “Aliens” and inserting “Noncitizens”;
by striking “qualified alien” wherever it occurs and inserting “qualified noncitizen”; and
by striking “alien” wherever it occurs and inserting “noncitizen”.
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,”.
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,”
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.
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).
Relief from certain restrictions on adjustment of status—
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”.
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—
in subclause (II), by striking “or” at the end;
in subclause (III), by adding “or” at the end; and
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;”
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—
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;
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;
demonstrates that during all of such time in the United States the alien was and is a person of good moral character; and
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.
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 admitted before, on, or after such date.
Work Authorization for survivors—
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 eligiblity 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 determined by the Secretary that is not later than 180 days after the date on which the alien filed the application.”
VAWA self-petitioners— Section 204(a)(1)(K) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(K)) is amended—
in the matter preceding clause (i), by striking “, the alien”;
in clause (i), by inserting “the alien” before “is eligible”; and
by amending clause (ii) to read as follows:
“(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 applciation or the alien’s petition as a VAWA self-petitioner is approved.”
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 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 determined by the Secretary that is not later than 180 days after the date on which the alien filed a petition.”
Sec. 9 Relief for domestic violence survivor visa waiver entrants
In general— Section 217(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1187(b)(2)) is amended by inserting “as a VAWA self-petitioner or 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,”.
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.
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
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.”.
Waivers for abused aliens—
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—
by inserting “or the Attorney General” after “Secretary of Homeland Security”; and
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)).”.
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.
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.”
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”.
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.”.
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—A noncitizen 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 noncitizen’s application for status, after the exhaustion of administrative or judicial review.
“(2) Noncitizen described—A noncitizen described in this paragraph is a noncitizen 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 Modify the VAWA cancellation of removal process to remove disqualifying criminal inadmissibility grounds
Section 240A(b)(2)(A)(iv) of the Immigration and Nationality Act is amended to read as follows:
“(iv) the alien is not inadmissible under paragraph (3) of section 212(a); and”
Sec. 14 Protections for stepchildren
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 striking “An alien who is the child of a citizen of the United States, or who was a child of a United States citizen parent who within the past 2 years lost or renounced citizenship status related to an incident of domestic violence, ” and inserting “An alien who, notwithstanding the death of a United States citizen parent or alien parent within the past 2 years, is the child of a citizen of the United States, or was a child of a United States citizen parent who within the past 2 years lost or renounced citizenship status related to an incident of domestic violence, or demonstrates a connection between the legal termination of the marriage creating the relationship between the stepchild and stepparent within the past 2 years and battering or extreme cruelty by the United States citizen parent,”.
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 striking “An alien who is the child of an alien lawfully admitted for permanent residence, or who was the child of a lawful permanent resident who within the past 2 years lost lawful permanent resident status due to an incident of domestic violence,” and inserting “An alien who, notwithstanding the death of a United States citizen parent or alien parent within the past 2 years, is the child of an alien lawfully admitted for permanent residence, or was the child of a lawful permanent resident who within the past 2 years lost lawful permanent resident status due to an incident of domestic violence, or demonstrates a connection between the legal termination of the marriage creating the relationship between the stepchild and stepparent within the past 2 years and battering or extreme cruelty by the lawful permanent resident parent,”.
Sec. 15 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. 16 Technical correction
Section 240(c)(7)(C)(iv) of the Immigration and Nationality Act is amended—
by amending the heading to read as follows:
“(i) Special rule for battered spouses, children, and parents”
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
in the matter following subclause (I)(V), 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. 17 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. 18 Prohibited disclosure
Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367) is amended by inserting “, section 214(s),” before “or section 240A(b)(2) of such Act”.
Sec. 19 Elimination of visa caps for abused, abandoned, or neglected children
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)”.
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),”.
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. 20 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—
in clause (i), by inserting at the end “and”;
in clause (ii), by striking “; and” and inserting the following:
“(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”
by striking clause (iii).
Sec. 21 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 a noncitizen 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. A noncitizen 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 a noncitizen 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.”