U.S. Congress - Text of H.R.629 as Introduced in House Violence Against Immigrant Women Act of 2013
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Donate NowH.R.629 - Violence Against Immigrant Women Act of 2013
To provide protections against violence against immigrant women, and for other purposes.
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HR 629 IHCommentsClose CommentsPermalink
113th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 629CommentsClose CommentsPermalink
To provide protections against violence against immigrant women, and for other purposes.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
February 13, 2013CommentsClose CommentsPermalink
February 13, 2013CommentsClose CommentsPermalink
Ms. SCHAKOWSKY (for herself, Ms. CHU, Ms. CLARKE, Ms. ESHOO, Mr. GRIJALVA, Mr. GUTIERREZ, Ms. HAHN, Mr. HONDA, Ms. LEE of California, Mrs. CAROLYN B. MALONEY of New York, Ms. MOORE, Mrs. NAPOLITANO, Mr. POLIS, Mr. RANGEL, Mr. VARGAS, and Ms. WATERS) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services and Energy and Commerce, 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 concernedCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To provide protections against violence against immigrant women, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Violence Against Immigrant Women Act of 2013’.CommentsClose CommentsPermalink
TITLE I--RULEMAKINGSCommentsClose CommentsPermalink
TITLE I--RULEMAKINGSCommentsClose CommentsPermalink
SEC. 101. RULEMAKING AND FINDINGS WITH REGARD TO RULEMAKING.
(a) Rulemaking- Not later than 180 days after the date of enactment of this Act, the Attorney General, the Secretary of Homeland Security, and the Secretary of State shall make rules to implement this Act and the amendments carried out by this Act. To the extent necessary to ensure that such rules are made in a timely manner, the rules shall take effect on an interim basis, at the same time that notice and opportunity for public comment are offered. Access to the relief provided by this Act and previous Acts listed in subsection (b) is in the public interest, as necessary to protect health and safety and promulgation of regulations that take effect on an interim basis falls within the good cause exception in the Administrative Procedure Act.CommentsClose CommentsPermalink
(b) Findings- Not later than 180 days after the date of enactment of this Act, the Attorney General, the Secretary of Homeland Security, and the Secretary of State shall promulgate interim regulations to implement the provisions not amended or repealed from the Victims of Trafficking and Violence Prevention Act of 2000 (
TITLE II--PROTECTIONS FOR VICTIMSCommentsClose CommentsPermalink
TITLE II--PROTECTIONS FOR VICTIMSCommentsClose CommentsPermalink
SEC. 201. EMPLOYMENT AUTHORIZATION FOR IMMIGRANT VICTIMS.
(a) Findings- Congress finds as follows:CommentsClose CommentsPermalink
(1) Congress created immigration protections for immigrant victims of domestic violence, sexual assault, stalking, dating violence, human trafficking, and other crime victims for two important purposes--to facilitate prosecution of perpetrators and to enhance victim safety.CommentsClose CommentsPermalink
(2) The safety of immigrant victims applying for protection under the Violence Against Women Act or the Trafficking Victims Protection Act is undermined when government agencies delay in providing legal work authorization. Immigrant victims’ ability to seek help and to cooperate in the detection, investigation or prosecution crimes committed against them is enhanced when victims can work lawfully and sever their economic dependence on the perpetrator.CommentsClose CommentsPermalink
(3) When victims know that they will receive legal work authorization within 180 days of filing their for victim related immigration relief, victims and their advocates can develop safety plans that will focus on steps the victim can take to keep herself and her children safe during the work authorization waiting period. This can include stays in an emergency shelter and transitional housing, obtaining legal custody of her children and learning skills that will enhance her employability.CommentsClose CommentsPermalink
(4) The economic stability that comes from the ability to work lawfully in the United States reduces victims’ vulnerability to abuse, exploitation and coercion from crime perpetrators.CommentsClose CommentsPermalink
(5) Congress in VAWA 2000 and VAWA 2005 took steps to encourage DHS to grant immigrant crime victims swift access to legal work authorization. However, as of 2011 73.9% of VAWA self-petitioners and 93.9% of U-visa applicants endure delays of longer than 6 months before receiving legal work authorization. Of these many wait well over a year after filing before receiving work authorization--36.7% of VAWA self-petitioners and 32% of U-visa applicants. These delays harm criminal prosecutions and endanger victims and their children.CommentsClose CommentsPermalink
(b) Employment Authorization for Immigrant Victims- Section 204(a)(1) of the Immigration and Nationality Act (
‘(M) Notwithstanding any provision of this Act restricting eligibility for employment in the United States, the Secretary of Homeland Security may grant employment authorization to an alien who has filed a petition for status as a VAWA self-petitioner or a nonimmigrant described in section 101(a)(15)(U) on the date that is the earlier of--CommentsClose CommentsPermalink
‘(i) the date the alien’s petition for such status is approved; orCommentsClose CommentsPermalink
‘(ii) 180 days after the date the alien filed a petition for such status.’.CommentsClose CommentsPermalink
SEC. 202. PROTECTIONS FOR TRAFFICKING VICTIMS.
(a) Death of a Family Member-CommentsClose CommentsPermalink
(1) CITIZEN PARENTS- Section 204(a)(1)(A)(iv) of the Immigration and Nationality Act (
(A) by striking ‘or who’ the first place it appears and inserting ‘, who’;CommentsClose CommentsPermalink
(B) by inserting ‘who was a child of a United States citizen parent (i)(I) who died within the past 2 years; or (II) who died when the child was under 18 years of age and the child filed a petition under this subsection not later than 2 years after the child reached the age of 18 years, or (ii) whose marriage to the child’s alien parent was terminated, including by divorce, annulment, or by death of the alien parent or the United States citizen parent’ before ‘, and who is a person of good moral character,’; andCommentsClose CommentsPermalink
(C) by striking ‘(and any child of the alien)’ and inserting ‘(and any spouse or child of the alien)’.CommentsClose CommentsPermalink
(2) LAWFUL PERMANENT RESIDENTS- Section 204(a)(1)(B) of the Immigration and Nationality Act (
(A) in clause (iii)--CommentsClose CommentsPermalink
(i) by striking ‘or who’ and inserting ‘who’;CommentsClose CommentsPermalink
(ii) by inserting ‘or who was a child of a lawful permanent resident parent (I)(aa) who within the past 2 years; or (II) who died when one child was under 18 years of age and the child filed a petition under this subsection no later than 2 years after the child reached the age of 18’ before ‘, and who is a person of good moral character,’; andCommentsClose CommentsPermalink
(iii) by striking ‘(and any child of the alien)’ and inserting ‘(and any spouse or child of the alien)’; andCommentsClose CommentsPermalink
(B) in clause (ii)(II)(aa)(CC)--CommentsClose CommentsPermalink
(i) in subsubitem (aaa), by striking ‘or’;CommentsClose CommentsPermalink
(ii) in subsubitem (bbb), by striking the semicolon at the end and inserting ‘; or’; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
‘(ccc) whose spouse died within the past 2 years.’.CommentsClose CommentsPermalink
(3) SELF PETITIONING BY MINORS- Section 204(a)(1)(D)(v) of the Immigration and Nationality Act (
(4) SURVIVING RELATIVES- Section 204(l) of the Immigration and Nationality Act (
(A) in paragraph (1), by striking ‘who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States’; andCommentsClose CommentsPermalink
(B) in paragraph (2)(E), to read as follows:CommentsClose CommentsPermalink
‘(E)(i) an alien described in section 101(a)(15)(T)(ii) whose qualifying relative has been admitted in nonimmigrant status described in section 101(a)(15)(T)(i);CommentsClose CommentsPermalink
‘(ii) an alien described in section 101(a)(15)(U)(ii) whose qualifying relative has been admitted in nonimmigrant status described in section 101(a)(15)(U)(i); orCommentsClose CommentsPermalink
‘(iii) an alien who is a VAWA self-petitioner.’.CommentsClose CommentsPermalink
(5) EFFECTIVE DATES-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (B), the amendments made by paragraphs (1) and (2) shall take effect on the date of enactment of this Act and shall apply to petitions filed on or after that date.CommentsClose CommentsPermalink
(B) TRANSITION IN CASE OF CITIZEN PARENTS WHO DIED BEFORE ENACTMENT- In applying the amendments made by paragraphs (1) and (2)(A) in the case of an alien whose citizen or lawful permanent resident parent died during the period beginning on the date that is 2 years prior to the date of enactment of Violence Against Women Reauthorization Act of 2005, and ending on the date of enactment of this Act--CommentsClose CommentsPermalink
(i) section 204(a)(1)(A)(iv) and section 204(a)(1)(B)(iii) of the Immigration and Nationality Act shall each be applied as though the phrase ‘within the past two years’ were ‘the period described in section 202(d)(5)(B) of the Violence Against Immigrant Women Act of 2012’;CommentsClose CommentsPermalink
(ii) a petition under either such section shall be filed not later than the later of--CommentsClose CommentsPermalink
(I) 2 years after the date of enactment of this Act; orCommentsClose CommentsPermalink
(II) the 2 years after the date the alien attains 18 years of age; andCommentsClose CommentsPermalink
(iii) the determination of eligibility of an alien child for benefits under either such section (including under section 204(a)(1)(D) of such Act, by reason of a petition authorized under such section) shall be determined as of the date of the death of the citizen or lawful permanent resident parent.CommentsClose CommentsPermalink
(b) Unaccompanied Alien Child Redefined- Section 462(g) of the Homeland Security Act of 2002 (
(1) in paragraph (2)(C)--CommentsClose CommentsPermalink
(A) in clause (i), by striking ‘or’ at the end;CommentsClose CommentsPermalink
(B) in clause (ii), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(iii) was apprehended without a parent or legal guardian and is not reunified with a parent or legal guardian within 72 hours thereafter.’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(h) Reunification with a parent or legal guardian or next friend does not affect the child’s unaccompanied status for the duration of the child’s immigration proceedings.’.CommentsClose CommentsPermalink
(c) Providing Safe and Secure Placements for Children- Section 235(c)(2) of the Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ‘The Secretary of Homeland Security shall permit the continuation of care plans developed by the Office of Refugee Resettlement’s division of Unaccompanied Children’s Services to ensure their continued protected status after they turn 18, in an arrangement that is the least restrictive possible. The provisions of this paragraph apply to an unaccompanied alien child until such child attains 21 years of age, including those provisions providing for continued authorization of placement of that child.’.CommentsClose CommentsPermalink
(d) Providing Safe and Secure Placements for Children- Section 235(c)(1) of the Trafficking Victims Protection Reauthorization Act of 2008 is amended to read as follows:CommentsClose CommentsPermalink
‘(1) POLICIES AND PROGRAMS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary of Health and Human Services, Secretary of Homeland Security, Attorney General, and Secretary of State shall establish policies and programs to ensure that unaccompanied alien children in the United States are protected from traffickers and other persons seeking to victimize or otherwise engage such children in criminal, harmful, or exploitative activity, including policies and programs reflecting best practices in witness security programs.CommentsClose CommentsPermalink
‘(B) CONFIDENTIALITY OF INFORMATION- In order to protect unaccompanied alien children in the United States, information acquired by any person, including officers or employees of the Department of Health and Human Services, case managers, or others in connection with providing services or treatment to children in the custody of the Secretary of Health and Human Services, including any contracted social service entity, shall have be afforded confidentiality protections under VAWA confidentiality (
8 U.S.C. 1367 ) and the Health Insurance Portability and Accountability Act.’.CommentsClose CommentsPermalink
(e) Eligibility for Special Immigrant Juvenile Status-CommentsClose CommentsPermalink
(1) AGE AND COURT JURISDICTION- Section 235(d)(6) of the Trafficking Victims Protection Reauthorization Act of 2008 is amended to read as follows:CommentsClose CommentsPermalink
‘(6) TRANSITION RULE- Notwithstanding any other provision of law, an alien described in section 101(a)(27)(J) of the Immigration and Nationality Act (
8 U.S.C. 1101(a)(27)(J) ) may not be denied special immigrant status under such section or have such status revoked after the date of the enactment of this Act based on age or whether the alien continues to be under State or juvenile court jurisdiction if the alien was a child and under State or juvenile court jurisdiction on the date on which the alien applied for such status.’.CommentsClose CommentsPermalink
(2) SINGLE PARENTS- Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (
(A) by striking ‘1 or both’ and inserting ‘at least one’;CommentsClose CommentsPermalink
(B) by inserting after ‘State law’ the following: ‘regardless of whether the immigrant lives with the non-offending parent;’; andCommentsClose CommentsPermalink
(C) by inserting after ‘custody of’ the following: ‘a non-offending parent of the immigrant’.CommentsClose CommentsPermalink
(f) Counting of Trafficking Victims and Benefits for U-Visa Holders and Families- Section 107(b)(1)(B) of the Trafficking Victims Protection Act of 2000 (
(g) Passport Retention-
(1) in subsection (a)(2) by deleting ‘or’ at the end;CommentsClose CommentsPermalink
(2) in subsection (a)(3) by adding ‘or’ at the end; andCommentsClose CommentsPermalink
(3) by inserting after paragraph (3) of subsection (a) the following:CommentsClose CommentsPermalink
‘(4) for more than 32 hours shall be subject to a rebuttable presumption that they are withholding the passport of another person against that persons will in violation of this section, but it is not a violation of this section to obtain a person’s passport for up 32 hours for the purpose of complying with Federal or State government requirements;’.CommentsClose CommentsPermalink
SEC. 203. PROTECTIONS FOR VICTIMS OF CRIMINAL ACTIVITY.
(a) In General- Section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (
(1) by inserting ‘stalking; dating violence; abuse; endangerment; or exploitation of a person who is a child, elderly, or disabled;’ after ‘perjury;’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(iv) the terms ‘domestic violence’, ‘sexual assault’, ‘dating violence’, and ‘stalking’ have the meaning given such terms in the Violence Against Women Act of 1994 (
42 U.S.C. 13925(a) );’.CommentsClose CommentsPermalink
(b) Protection for Incapacitated Sons and Daughters of Victims- (1) Section 101(a)(15)(T)(ii) of the Immigration and Nationality Act (
(A) in subclause (I) by inserting ‘, incapacitated siblings,’ after ‘under such clause’; andCommentsClose CommentsPermalink
(B) in subclause (III) by inserting ‘, incapacitated sibling,’ after ‘parent’.CommentsClose CommentsPermalink
(2) Section 101(a)(15)(U)(ii) of the Immigration and Nationality Act (
(A) in subclause (I)--CommentsClose CommentsPermalink
(i) by inserting ‘or incapacitated’ after ‘under 21 years of age’;CommentsClose CommentsPermalink
(ii) by inserting ‘son or daughter,’ after ‘children,’; andCommentsClose CommentsPermalink
(iii) by inserting ‘any children of the siblings,’ after ‘under such clause’; andCommentsClose CommentsPermalink
(B) in subclause (II)--CommentsClose CommentsPermalink
(i) by inserting ‘under 21 years of age on the date on which such alien applied for status under such clause’ after ‘children’; andCommentsClose CommentsPermalink
(ii) by inserting ‘, and any children of the children’ after ‘such alien’.CommentsClose CommentsPermalink
(3) Section 204(a)(1) of the Immigration and Nationality Act (
(A) in subparagraph (A)(ii), by inserting ‘or incapacitated sons or daughters’ after ‘alien’s children’;CommentsClose CommentsPermalink
(B) in subparagraph (A)(iii), in the matter preceding item (aa), by inserting ‘or incapacitated son or daughter’ after ‘child’;CommentsClose CommentsPermalink
(C) in subparagraph (A)(iii)(I)(bb), by striking ‘or a child’ inserting ‘, an incapacitated son or daughter of the alien, or a child’;CommentsClose CommentsPermalink
(D) in subparagraph (A)(iv), by inserting ‘, or incapacitated son or daughter,’ after ‘child’ the first and second places it appears;CommentsClose CommentsPermalink
(E) in subparagraph (A)(vi), by striking ‘or child’ and inserting ‘, incapacitated son or daughter, or child’;CommentsClose CommentsPermalink
(F) in subparagraph (B)(ii)(I)(bb), by inserting ‘, an incapacitated son or daughter of the alien, or’ before ‘a child of the alien’; andCommentsClose CommentsPermalink
(G) in subparagraph (B)(iii), by inserting ‘incapacitated son or daughter’ after ‘child’ the first, second, and third places it appears.CommentsClose CommentsPermalink
(c) Protecting Parents of U.S. Citizen Child Crime Victims- Section 101(a)(15)(U) of the Immigration and Nationality Act (
(1) in clause (i)--CommentsClose CommentsPermalink
(A) in subclause (I), by inserting after ‘the alien’ the following: ‘or a child of the alien’;CommentsClose CommentsPermalink
(B) in subclause (II), by striking ‘an alien’ before the word ‘child’ and inserting ‘a’; andCommentsClose CommentsPermalink
(C) in subclause (III), by striking ‘an alien’ before the word ‘child’ and inserting ‘a’; andCommentsClose CommentsPermalink
(2) in clause (ii), by inserting after subclause (II) the following:CommentsClose CommentsPermalink
‘(III) in the case of an alien described in clause (i) who is 21 years of age or older and incapacitated, the parents and siblings of such alien.’.CommentsClose CommentsPermalink
(d) Requirements Applicable to U Visas-CommentsClose CommentsPermalink
(1) RECAPTURE OF UNUSED U VISAS- Section 214(p)(2) of the Immigration and Nationality Act (
(A) in subparagraph (A), by striking ‘The number’ and inserting ‘Except as provided in subparagraph (C), the number’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(C) Beginning in fiscal year 2012, if the numerical limitation set forth in subparagraph (A) is reached before the end of the fiscal year, up to 5,000 additional visas, of the aggregate number of visas that were available and not issued to nonimmigrants described in section 101(a)(15)(U) in fiscal years 2006 through 2011, may be issued until the end of the fiscal year.’.CommentsClose CommentsPermalink
(2) SUNSET DATE- The amendments made by paragraph (1) are repealed on the date on which the aggregate number of visas that were available and not issued in fiscal years 2006 through 2011 have been issued pursuant to section 214(p)(2)(C) of the Immigration and Nationality Act.CommentsClose CommentsPermalink
(3) AGE DETERMINATIONS- Section 214(p) of the Immigration and Nationality Act (
‘(7) AGE DETERMINATIONS-CommentsClose CommentsPermalink
‘(A) CHILDREN- An unmarried alien who seeks to accompany, or follow to join, a parent granted status under section 101(a)(15)(U)(i), 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 for purposes of section 101(a)(15)(U)(ii), if the alien attains 21 years of age after such parent’s petition was filed but while it was pending.CommentsClose CommentsPermalink
‘(B) PRINCIPAL ALIENS- An alien described in clause (i) of section 101(a)(15)(U) shall continue to be treated as an alien described in clause (ii)(I) of such section if the alien attains 21 years of age after the alien’s application for status under such clause (i) is filed but while it is pending.’.CommentsClose CommentsPermalink
(4) PETITIONING PROCEDURES FOR U VISAS- Section 214(p)(1) of the Immigration and Nationality Act (
(e) VOCA as U-Visa Certifiers- Section 203(j) through section 214(p) of the Immigration and Nationality Act (
SEC. 204. BATTERED SPOUSE AND FAMILY MEMBER PROTECTIONS AND NONIMMIGRANTS.
(a) Exception From Foreign Residence Requirement for Educational Visitors-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 212(e) of the Immigration and Nationality Act (
(2) EFFECTIVE DATE- The amendment made by this paragraph shall apply to aliens regardless of whether the foreign residence requirement under section 212(e) of the Immigration and Nationality Act arises out of an admission or acquisition of status under section 101(a)(15)(J) of such Act, before, on, or after the date of enactment of this Act.CommentsClose CommentsPermalink
(b) Self-Petitioning- Section 204(a)(1)(A)(iii) of the Immigration and Nationality Act (
(1) in subclause (I)(bb), by inserting ‘or to conclude in a valid marriage’ after ‘intended by the alien to be legally a marriage’;CommentsClose CommentsPermalink
(2) in subclause (II)(aa)--CommentsClose CommentsPermalink
(A) by striking ‘or’ at the end of subitem (BB);CommentsClose CommentsPermalink
(B) by inserting ‘or’ at the end of subitem (CC); andCommentsClose CommentsPermalink
(C) by adding at the end the following new subitem:CommentsClose CommentsPermalink
‘(DD) who 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 child of the alien) was battered or subject to extreme cruelty by the United States citizen who filed the petition to accord status under such section;’;CommentsClose CommentsPermalink
(3) in subclause (II)(cc)--CommentsClose CommentsPermalink
(A) by striking ‘or who’ and inserting ‘, who’; andCommentsClose CommentsPermalink
(B) by inserting ‘, or who is described in subitem (aa)(DD)’ before the semicolon; andCommentsClose CommentsPermalink
(4) in subclause (II)(dd) by inserting ‘or who is described in subitem (aa)(DD)’ before the period.CommentsClose CommentsPermalink
(c) Exception From Requirement To Depart- Section 214(d)(1) of the Immigration and Nationality Act (
(d) Effective Date- The amendments made by this subsection shall apply to aliens admitted before, on, or after the date of enactment of this Act.CommentsClose CommentsPermalink
(e) Relief for Abused Fiances-CommentsClose CommentsPermalink
(1) CONFORMING APPLICATION IN CANCELLATION OF REMOVAL- Section 240A(b)(2)(A)(i) of the Immigration and Nationality Act (
(A) by striking ‘or’ at the end of subclause (II);CommentsClose CommentsPermalink
(B) by adding ‘or’ at the end of subclause (III); andCommentsClose CommentsPermalink
(C) by adding at the end the following new subclause:CommentsClose CommentsPermalink
‘(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;’.CommentsClose CommentsPermalink
(2) EXCEPTION TO RESTRICTION ON ADJUSTMENT OF STATUS- The second sentence of section 245(d) of the Immigration and Nationality Act (
(3) APPLICATION UNDER SUSPENSION OF DEPORTATION- Section 244(a)(3) of such Act (
(4) EFFECTIVE DATE- 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.CommentsClose CommentsPermalink
(f) Visa Waiver Entrants-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 217(b)(2) of the Immigration and Nationality Act (
(2) EFFECTIVE DATE- The amendment made by paragraph (1) 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.CommentsClose CommentsPermalink
(g) Abused Derivatives Accessing VAWA Self-Petitioning- Section 204(a)(1)(B)(ii)(I) of the Immigration and Nationality Act (
(1) in subitem (CC) by inserting ‘or’ at the end; andCommentsClose CommentsPermalink
(2) by adding a new subitem (DD) as follows:CommentsClose CommentsPermalink
‘(DD) who is or was the bona fide spouse of an alien who is now a Lawful Permanent Resident.’.CommentsClose CommentsPermalink
SEC. 205. BATTERED SPOUSE AND FAMILY MEMBER PROTECTIONS.
(a) Self-Petitioning for Abandoned Spouses-CommentsClose CommentsPermalink
(1) ABANDONED SPOUSES OF U.S. CITIZENS- Section 204(a)(1)(A)(iii)(I)(bb) of the Immigration and Nationality Act (
(2) ABANDONED SPOUSES OF LAWFUL PERMANENT RESIDENTS- Section 204(a)(1)(B)(ii)(I)(bb) of the Immigration and Nationality Act (
(b) Improved Access to VAWA Self-Petitioning-CommentsClose CommentsPermalink
(1) ABUSED IMMIGRANT SPOUSES OF UNITED STATES CITIZENS- Section 204(a)(1)(A) of the Immigration and Nationality Act (
(A) in clause (iii)(I)(bb) by striking ‘during the marriage or relationship intended by the alien to be legally a marriage,’;CommentsClose CommentsPermalink
(B) in clause (iii)(II)(aa)(CC)(bbb) by striking ‘related to an incident of domestic violence’;CommentsClose CommentsPermalink
(C) in clause (iii)(II)(aa)--CommentsClose CommentsPermalink
(i) by striking subitem (CC)(ccc); andCommentsClose CommentsPermalink
(ii) by inserting after (CC) the following:CommentsClose CommentsPermalink
‘(DD) who was a bona fide spouse of a United States citizen whose marriage was legally terminated. Applications under this subsection must be filed within 2 years beginning on the date that the alien spouse receives actual notice of the final court order legally terminating the marriage;’; andCommentsClose CommentsPermalink
(D) in clause (iii)(II)(dd) by inserting ‘at any time’ before ‘resided with’.CommentsClose CommentsPermalink
(2) ABUSED IMMIGRANT SPOUSES OF LAWFUL PERMANENT RESIDENTS- Section 204(a)(1)(B) of the Immigration and Nationality Act (
(A) in clause (ii)(I)(bb) by striking ‘during the marriage or relationship intended by the alien to be legally a marriage,’;CommentsClose CommentsPermalink
(B) in clause (ii)(II)(aa), by striking subitem (CC), and inserting the following:CommentsClose CommentsPermalink
‘(CC) who was a bona fide spouse of a lawful permanent resident within the past two years and whose spouse lost status within the past 2 years due to an incident of battering or extreme cruelty; orCommentsClose CommentsPermalink
‘(DD) who was a bona fide spouse of a lawful permanent resident whose marriage was legally terminated. Applications under this subsection must be filed within 2 years beginning on the date that the alien spouse receives actual notice of the final court order legally terminating the marriage;’; andCommentsClose CommentsPermalink
(C) in clause (ii)(II)(dd) is amended by inserting ‘at any time’ before ‘resided with’.CommentsClose CommentsPermalink
(c) Survival of Rights to Self-Petition- Section 204(h) of the Immigration and Nationality Act (
(d) Expansion of Protections- Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. (d)(5)) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(C) The Secretary of Homeland Security shall grant parole under subparagraph (A) to the following:CommentsClose CommentsPermalink
‘(i) A VAWA self-petitioner whose petition was approved based on the petitioner or a child of the petitioner having been battered or subjected to extreme cruelty by a United States citizen spouse, parent, or son or daughter.CommentsClose CommentsPermalink
‘(ii) A VAWA self-petitioner whose petition was approved based on the petitioner or a child of the petitioner having been battered or subjected to extreme cruelty by a lawful permanent resident spouse or parent.CommentsClose CommentsPermalink
‘(iii) An alien whose petition was approved or who qualifies to be classified as a nonimmigrant described in section 101(a)(15)(U)(ii).CommentsClose CommentsPermalink
‘(iv) The child of an alien described in clauses (i), (ii), (iii), or (iv) of this subsection who is outside of the United States.CommentsClose CommentsPermalink
‘(v) The child of an alien described in clauses (v) of this subsection who is outside of the United States.CommentsClose CommentsPermalink
‘(D) The grant of parole under clause (i), (ii), or (iii) of subparagraph (C) shall extend from the date of approval of the applicable petition to the time the application for adjustment of status filed by aliens covered under such subparagraphs has been finally adjudicated. Applications for adjustment of status filed by aliens covered under such clauses shall be treated as if they were applications filed under section 204(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes of section 245(a) and (c). The grant of parole under subparagraph clause (iv) or (v) of such subparagraph shall extend from the date of the determination of the Secretary of State described in such subparagraph to the time the application for status under section 101(a)(15)(U)(ii) has been finally adjudicated. Failure by any alien covered by subparagraph (C) to exercise due diligence in filing a visa petition on the alien’s behalf may result in revocation of parole.’.CommentsClose CommentsPermalink
(e) Self-Petitioning by Children of Bigamy-CommentsClose CommentsPermalink
(1) Section 201(a)(1)(A)(iv) of the Immigration and Nationality Act (
‘(iv) An alien may file a petition with the Secretary under this subparagraph for classification of the alien (and any spouse or child of the alien) if the alien demonstrates to the Secretary that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s citizen parent and that the alien--CommentsClose CommentsPermalink
‘(I)(aa) is the child or incapacitated son or daughter of a citizen of the United States;CommentsClose CommentsPermalink
‘(bb) was a child or incapacitated son or daughter of a United States citizen parent who within the past 2 years lost or renounced citizenship status;CommentsClose CommentsPermalink
‘(cc) who believed that he or she was the child of a citizen of the United States--CommentsClose CommentsPermalink
‘(AA) because a marriage ceremony was actually performed between the U.S. citizen and alien’s other parent; andCommentsClose CommentsPermalink
‘(BB) the alien’s other parent otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of a marriage, but the marriage is not legitimate solely because of the bigamy of such citizen of the United States; orCommentsClose CommentsPermalink
‘(dd) was a child of a United States citizen parent--CommentsClose CommentsPermalink
‘(AA) who within the past 2 years (or, if later, 2 years after the date the child attains 18 years of age) died; orCommentsClose CommentsPermalink
‘(BB) whose marriage to the alien’s parent was terminated, including by divorce, annulment, or by death of the natural parent or the abusive stepparent;CommentsClose CommentsPermalink
‘(II) is a person of good moral character;CommentsClose CommentsPermalink
‘(III) is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title; andCommentsClose CommentsPermalink
‘(IV) resides, or has resided in the past, with the citizen parent (for purposes of this clause, residence includes any period of visitation).’.CommentsClose CommentsPermalink
(2) Section 204(a)(1)(B)(iii) of the Immigration and Nationality Act (
8 U.S.C. 1154(a)(1)(b)(iii) ) is amended to read as follows:CommentsClose CommentsPermalink
‘(iii) An alien may file a petition with the Secretary under this subparagraph for classification of the alien (and any spouse or child of then alien) under such section if the alien demonstrates to the Secretary that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s permanent resident parent and that the alien--CommentsClose CommentsPermalink
‘(I)(aa) is the child or incapacitated son or daughter of an alien lawfully admitted for permanent residence;CommentsClose CommentsPermalink
‘(bb) was the child or incapacitated son or daughter of a lawful permanent resident who within the past 2 years lost lawful permanent resident status;CommentsClose CommentsPermalink
‘(cc) believed that he or she was a child of an alien stepparent lawfully admitted for permanent residence--CommentsClose CommentsPermalink
‘(AA) because a marriage ceremony was actually performed between the lawful permanent resident and alien’s other parent; andCommentsClose CommentsPermalink
‘(BB) the alien’s other parent otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of marriage, but the marriage is not legitimate solely because of the bigamy of such alien lawfully admitted for permanent residence; orCommentsClose CommentsPermalink
‘(dd) was a child of a lawful permanent resident--CommentsClose CommentsPermalink
‘(AA) who within the past 2 years (or, if later, 2 years after the date the child attains 18 years of age) died; orCommentsClose CommentsPermalink
‘(BB) whose marriage to the alien child’s parent was terminated, including by divorce, annulment, or by death of the natural parent or the abusive stepparent;CommentsClose CommentsPermalink
‘(II) is a person of good moral character, who is eligible for classification under section 1153(a)(2)(A) of this title; andCommentsClose CommentsPermalink
‘(III) resides, or has resided in the past, with the alien’s permanent resident alien parent (for purposes of this clause, residence includes any period of visitation).’.CommentsClose CommentsPermalink
(f) Protection for Children of VAWA Self-Petitioners- Section 204(l)(2) of the Immigration and Nationality Act (
8 U.S.C. 1154(l)(2) ) is amended--CommentsClose CommentsPermalink
(1) in subparagraph (E), by striking ‘or’ at the end;CommentsClose CommentsPermalink
(2) by redesignating subparagraph (F) as subparagraph (G); andCommentsClose CommentsPermalink
(3) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink
‘(F) a child of an alien who filed a pending or approved petition for classification or application for adjustment of status or other benefit specified in section 101(a)(51) as a VAWA self-petitioner; or’.CommentsClose CommentsPermalink
(g) Self-Petitioning Rights Under Section 203 of NACARA- Section 309 of the Illegal Immigration and Reform and Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208 ;8 U.S.C. 1101 note), as amended by section 203(a) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note;Public Law 105-100 ), is amended--CommentsClose CommentsPermalink
(1) in subsection (c)(5)(C)(i)(VII)(aa), as amended by section 1510(b) of the Violence Against Women Act of 2000--CommentsClose CommentsPermalink
(A) by striking ‘or’ at the end of subitem (BB);CommentsClose CommentsPermalink
(B) by striking ‘and’ at the end of subitem (CC) and inserting ‘or’; andCommentsClose CommentsPermalink
(C) by adding at the end the following new subitem:CommentsClose CommentsPermalink
‘(DD) at the time at which the spouse or child files an application for suspension of deportation or cancellation of removal; and’;CommentsClose CommentsPermalink
(2) in subsection (f), in paragraph (1), by inserting ‘including subsections (VI) and (VII)’ after ‘the alien is described in subsection (c)(5)(C)(i) of this section’; andCommentsClose CommentsPermalink
(3) in subsection (g)--CommentsClose CommentsPermalink
(A) by inserting ‘(1)’ before ‘Notwithstanding’;CommentsClose CommentsPermalink
(B) by inserting ‘subject to paragraph (2),’ after ‘section 101(a) of the Immigration and Nationality Act)),’; andCommentsClose CommentsPermalink
(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) There shall be no limitation on a motion to reopen removal or deportation proceedings in the case of an alien who is described in subclause (VI) or (VII) of subsection (c)(5)(C)(i). Motions to reopen removal or deportation proceedings in the case of such an alien shall be handled under the procedures that apply to aliens seeking relief under section 204(a)(1)(A)(iii) of the Immigration and Nationality Act.’.CommentsClose CommentsPermalink
SEC. 206. BATTERED SPOUSE WAIVERS AND CONDITIONAL RESIDENTS.
(a) Grounds for Hardship Waiver for Conditional Permanent Residence for Intended Spouses- Section 216(c)(4) of the Immigration and Nationality Act (
(1) in subparagraph (B)--CommentsClose CommentsPermalink
(A) by inserting after ‘(other than through the death of the spouse)’ the following: ‘, or the alien has filed for termination of marriage and shall furnish proof of termination prior to the time of adjudication,’; andCommentsClose CommentsPermalink
(B) by striking ‘or’ at the end;CommentsClose CommentsPermalink
(2) in subparagraph (C) by striking the period and inserting ‘, or’; andCommentsClose CommentsPermalink
(3) after subparagraph (C) by inserting the fol1lowing new subparagraph:CommentsClose CommentsPermalink
‘(D) the alien meets the requirements under section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage ceremony has been battered by or was subject to extreme cruelty perpetrated by his or her intended spouse and was not at fault in failing to meet the requirements of paragraph (1).’.CommentsClose CommentsPermalink
(b) Technical Corrections- Section 216(c)(4) of the Immigration and Nationality Act (
(1) in the matter preceding subparagraph (A), by striking ‘The Attorney General, in the Attorney General’s’ and inserting ‘The Secretary of Homeland Security, in the Secretary’s’; andCommentsClose CommentsPermalink
(2) in the undesignated paragraph at the end--CommentsClose CommentsPermalink
(A) in the first sentence, by striking ‘Attorney General’ and inserting ‘Secretary of Homeland Security’;CommentsClose CommentsPermalink
(B) in the second sentence, by striking ‘Attorney General’ and inserting ‘Secretary’;CommentsClose CommentsPermalink
(C) in the third sentence, by striking ‘Attorney General.’ and inserting ‘Secretary.’; andCommentsClose CommentsPermalink
(D) in the fourth sentence, by striking ‘Attorney General’ and inserting ‘Secretary’.CommentsClose CommentsPermalink
(c) Grounds for Relief- Such section is further amended by adding at the end the following: ‘An application for relief under this paragraph may be based on one or more grounds specified in subparagraphs (A) through (D) and may be amended at any time to change the ground or grounds for such relief without the application being resubmitted.’.CommentsClose CommentsPermalink
(d) Conforming Amendment- Section 237(a)(1)(H)(ii) of such Act (
(e) Proof of Termination of the Marriage Due at Final Adjudication the Hardship Waiver- Section 216(c)(4)(B) is amended by inserting ‘or the alien has filed for termination of marriage and will furnish proof of termination by the time of adjudication’ after ‘terminated (other than through the death of the spouse)’;CommentsClose CommentsPermalink
(f) Children of Conditional Residents- In the case of an alien who meets the requirements of subsection (c) the Secretary may adjust the status of any child of the alien as immediate relatives under section 201(b)(2)(A)(i) (
(g) Effective Dates-CommentsClose CommentsPermalink
(1) The amendments made by subsection (a) shall apply as if included in the enactment of the Violence Against Women Act of 2000.CommentsClose CommentsPermalink
(2) The amendments made by subsections (b) and (c) shall apply to applications for relief pending or filed on or after April 10, 2003.CommentsClose CommentsPermalink
(3) The amendments made by subsections (d) and (e) shall take effect upon enactment.CommentsClose CommentsPermalink
SEC. 207. ASYLUM PROTECTIONS FOR VICTIMS OF VIOLENCE AGAINST WOMEN.
(a) Section 101(a)(42) of the Immigration and Nationality Act (
‘For purposes of determinations under this Act, any group whose members share a characteristic that is either immutable or fundamental to identity, conscience, or the exercise of one’s human rights such that the person should not be required to change it, shall be deemed a particular social group, without any additional requirement.’.CommentsClose CommentsPermalink
(b) Section 208(b)(1)(B) of the Immigration and Nationality Act (
‘(iii) SUPPORTING EVIDENCE ACCEPTED- Direct or circumstantial evidence, including evidence that the State is unable to protect the applicant or that the State, legal or social norms tolerate such persecution against persons like the applicant, may establish that persecution is on account of race, religion, nationality, membership in a particular social group, or political opinion.’.CommentsClose CommentsPermalink
(c) Section 208(d)(6) of the Immigration and Nationality Act (
(1) by inserting ‘(A) IN GENERAL--’ after ‘(6)’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) EXCEPTION- Subparagraph (A) shall not apply to an alien who is otherwise eligible for classification or status as a VAWA self-petitioner, as described in section 101(a)(51) of this Act, or who is otherwise eligible for status either under section 101(a)(15)(T) or section 101(a)(15)(U) of this Act.’.CommentsClose CommentsPermalink
(d) Spouses and Children of Asylum Applicants Under Adjustment Provisions-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 209(b)(3) of the Immigration and Nationality Act (
(A) by inserting ‘(A)’ after ‘(3)’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) was the spouse of a refugee within the meaning of section 101(a)(42)(A) at the time the asylum application was granted; orCommentsClose CommentsPermalink
‘(C) was the child of a refugee within the meaning of section 101(a)(42)(A) at the time the asylum application was filed,’.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and--CommentsClose CommentsPermalink
(A) section 209(b)(3)(B) of the Immigration and Nationality Act (
(B) section 209(b)(3)(C) of such Act (
(e) Children of Refugee or Asylee Spouses and Children- A child of an alien who qualifies for admission as a spouse or child under section 207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act (
(1) is accompanying or following to join such alien; andCommentsClose CommentsPermalink
(2) is otherwise admissible under such section 207(c)(2)(A) or 208(b)(3).CommentsClose CommentsPermalink
(f) Elimination of Arbitrary Time Limits on Asylum Applications- Section 208(a)(2) of the Immigration and Nationality Act (
(1) by striking subparagraph (B);CommentsClose CommentsPermalink
(2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively;CommentsClose CommentsPermalink
(3) in subparagraph (B), as redesignated, by striking ‘(D)’ and inserting ‘(C)’;CommentsClose CommentsPermalink
(4) by striking subparagraph (C), as redesignated, and inserting the following:CommentsClose CommentsPermalink
‘(C) CHANGED CIRCUMSTANCES- Notwithstanding subparagraph (B), an application for asylum of an alien may be considered if the alien demonstrates, to the satisfaction of the Attorney General, the existence of changed circumstances that materially affect the applicant’s eligibility for asylum.’; andCommentsClose CommentsPermalink
(5) by striking subparagraph (E).CommentsClose CommentsPermalink
(g) Protections for Minors Seeking Asylum- Section 208 of the Immigration and Nationality Act (
(1) in subsection (a)(2), by adding at the end the following:CommentsClose CommentsPermalink
‘(D) APPLICABILITY TO MINORS- Subparagraphs (A) and (B) do not apply to an applicant who is younger than 18 years of age on the earlier of--CommentsClose CommentsPermalink
‘(i) the date on which the asylum application is filed; orCommentsClose CommentsPermalink
‘(ii) the date on which any Notice to Appear is issued.’; andCommentsClose CommentsPermalink
(2) in subsection (b)(3)(C), by striking ‘unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 (
‘(i) the date on which the asylum application is filed; orCommentsClose CommentsPermalink
‘(ii) the date on which any Notice to Appear is issued,’.CommentsClose CommentsPermalink
SEC. 208. PROTECTIONS FROM REMOVAL FOR VICTIMS.
(a) Exception for VAWA Self-Petitioners- Section 212(a)(9)(B)(iii)(IV) of the Immigration and Nationality Act (
(1) by inserting ‘(I)’ after ‘(6)(A)(ii)’; andCommentsClose CommentsPermalink
(2) by striking ‘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’.CommentsClose CommentsPermalink
(b) Waivers for Abused Aliens- Section 212(a)(9)(C)(iii) of the Immigration and Nationality Act (
(1) by inserting ‘or the Attorney General’ after ‘Secretary of Homeland Security’; andCommentsClose CommentsPermalink
(2) by striking the language following ‘clause (i)’ 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’.CommentsClose CommentsPermalink
(c) Exemption From Public Charge Ground-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 212(a)(4) of the Immigration and Nationality Act (
‘(E) SPECIAL RULE FOR QUALIFIED ALIEN VICTIMS- Subparagraphs (A) through (C) shall not apply to an alien who is a VAWA self-petitioner, is an applicant or has been granted status under section 101(a)(15)(U), or is a qualified alien described in section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 212(a)(4)(C)(i) of such Act (
‘(i) the alien is described in subparagraph (E); or’.CommentsClose CommentsPermalink
(3) 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.CommentsClose CommentsPermalink
(d) Waiver for False Claims to United States Citizenship- Section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (
(1) by adding at the end the following new subclause:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(2) Section 101(f) of the Immigration and Nationality Act (
(A) in the last sentence of this subsection, by striking ‘,’ after ‘or violation that he or she was a citizen’; andCommentsClose CommentsPermalink
(B) by inserting ‘; or the alien is a VAWA self-petitioner;’ after ‘violation that he or she was a citizen’.CommentsClose CommentsPermalink
(e) Waiver for Certain VAWA Self-Petitioners- Section 212(d)(11) of the Immigration and Nationality Act (
(f) Waiver Authorized- Section 212(a)(9)(A) of the Immigration and Nationality Act (
‘(iv) WAIVER FOR VAWA SELF-PETITIONER- The Attorney General or the Secretary may waive the application of clauses (i) or (ii) if the alien is applying for relief as a VAWA self-petitioner.’.CommentsClose CommentsPermalink
(g) Conforming Relief in Suspension of Deportation Parallel to the Relief Available in the Violence Against Women Act of 2000 Cancellation for Bigamy-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 244(a)(3) of the Immigration and Nationality Act (
(2) EFFECTIVE DATE- The provisions of paragraph (1) shall apply as if included in the enactment of the Violence Against Women Act of 2000.CommentsClose CommentsPermalink
(h) Application of VAWA Motions To Reopen Rules Crime Victims- Section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (
(1) in the first clause by deleting ‘and parents--’ and adding ‘parents, trafficking victims and crime victims--’;CommentsClose CommentsPermalink
(2) by amending subclause (I) to read as follows:CommentsClose CommentsPermalink
‘(I) if the basis for this motion is to apply for relief under sections 101(a)(15)(T), 101(a)(15(U), 245(a), 245(c), 245(l), 245(m), 240A(b)(2), and section 244(a)(3) (as in effect on March 31, 1997) or as a VAWA self-petitioner;’;CommentsClose CommentsPermalink
(3) by amending subclause (II) to read as follows:CommentsClose CommentsPermalink
‘(II) if the motion is accompanied by a cancellation of removal or adjustment of status application to be filed with the Attorney General or by a copy of the self-petition, or the application for relief under 101(a)(15)(T) or (U), that has been or will be filed with the Department of Homeland Security upon the granting of the motion to reopen; and’; andCommentsClose CommentsPermalink
(4) in the last paragraph of this section--CommentsClose CommentsPermalink
(A) by inserting ‘or an alien who qualifies for classification under 101(a)(15(U)’ after ‘Act of 1996 (
(B) by inserting ‘ or an alien that qualifies for classification under 101(a)(15)(U)’.CommentsClose CommentsPermalink
(i) In General- Section 241 of the Immigration and Nationality Act (
‘(h) Any alien with a pending application under 101(a)(15)(T)(i) or T(i), 101(a)(15)(U)(i) or (U)(ii), 101(a)(51), 240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997), shall not be ordered removed under this section.’.CommentsClose CommentsPermalink
SEC. 209. NATURALIZATION.
(a) In General- Section 319(a) of the Immigration and Nationality Act (
‘(a)(1) Any person who is--CommentsClose CommentsPermalink
‘(A) a spouse of citizen of the United States; orCommentsClose CommentsPermalink
‘(B) any person who obtained status as a 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; andCommentsClose CommentsPermalink
‘(2) may be naturalized--CommentsClose CommentsPermalink
‘(A) upon compliance with all the requirement of this title except the provisions of paragraph (1) of section 316(a);CommentsClose CommentsPermalink
‘(B) if such person immediately preceding the date of filing his or her application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years;CommentsClose CommentsPermalink
‘(C)(i) during the three years immediately preceding the date of filing his or her application has been living in marital union with the citizen spouse who has been a United States citizen during all of such period; andCommentsClose CommentsPermalink
‘(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 subsection (C)(i) shall not apply regardless of whether the lawful permanent resident status was obtained on the basis of such battery or cruelty;CommentsClose CommentsPermalink
‘(D) has been physically present in the United States for periods totally at least half of the time;CommentsClose CommentsPermalink
‘(E)(i) has resided within the State or district of the Services in the United States in which the applicant filed his or her application for at least three months; orCommentsClose CommentsPermalink
‘(ii) applications for naturalization filed under paragraph (a)(1)(B) of this section shall be handled under the procedures that apply to aliens seeking relief under section 101(a)(51) of the Immigration and Nationality Act; andCommentsClose CommentsPermalink
‘(F) the provisions of section 204(a)(1)(J) shall apply in acting on an application under this subsection in the same manner as they apply in acting on petitions referred to in such section.’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 210. GENERAL PROVISIONS.
(a) Expansion of Fee Waivers to Consular Fees and Any Fees in Removal Proceedings- Section 245(l)(7) of the Immigration and Nationality Act (
(b) Review of Extreme Cruelty- Section 204(a)(1) of the Immigration and Nationality Act (
‘(M) For the purposes of this section and in all cases described in section 101(a)(51), under section 106, under section 240A(b)(2), or under section 244(a)(3) (as in effect on March 31, 1997), the determination of the existence of extreme cruelty is a question of law applied to facts and not a discretionary determination.’.CommentsClose CommentsPermalink
(c) Allowing Judicial Review in VAWA Cases- Section 242(e)(4) of the Immigration and Nationality Act (
(1) by striking ‘or’;CommentsClose CommentsPermalink
(2) by inserting ‘or’ after ‘under section 208,’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(C) is a VAWA self-petitioner, an applicant for relief under section 101(a)(15)(T) or (U), an applicant for relief under section 240A(b)(2), or an applicant for relief under section 244(a)(3) (as in effect on March 31, 1997),’.CommentsClose CommentsPermalink
(d) VAWA Unit Adjudications- Section 101(a)(51) of the Immigration and Nationality Act (
‘(52) Applications for relief, adjustment of status, employment authorization, parole, deferred action, or naturalization, and all administrative determinations relating to such applications under paragraphs (15)(T), (15)(U), (27)(J), and (51) of this section, or under section 106 shall be adjudicated at the VAWA Unit of Vermont Service Center.’.CommentsClose CommentsPermalink
SEC. 211. TECHNICAL CORRECTIONS.
(a) Technical Correction- Effective as if included in the enactment of section 1505(c)(2) of Violence Against Women Act of 2000, section 237(a)(1)(H)(i)(II) of the Immigration and Nationality Act (
(b) Additional Technical Correction- Section 237(a)(7)(A)(i)(I) of the Immigration and Nationality Act (
(c) In General- Section 204(a)(1) of the Immigration and Nationality Act (
(1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), by striking ‘an incident of domestic violence’ and inserting ‘battering or extreme cruelty by the United States citizen spouse’;CommentsClose CommentsPermalink
(2) in subparagraph (A)(iv), by striking ‘an incident of domestic violence’ and inserting ‘battering or extreme cruelty by such parent’;CommentsClose CommentsPermalink
(3) in subparagraph (A)(vii)(I), as added by section 816 of VAWA-2005, is amended by striking ‘related to an incident of domestic violence’ and inserting ‘related to battering or extreme cruelty by the United States citizen son or daughter’;CommentsClose CommentsPermalink
(4) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), by striking ‘due to an incident of domestic violence’ and inserting ‘related to battering or extreme cruelty by the lawful permanent resident spouse’; andCommentsClose CommentsPermalink
(5) in subparagraph (B)(iii), by striking ‘due to an incident of domestic violence’ and inserting ‘related to battering or extreme cruelty by such parent’.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by subsection (a) shall take effect as if included in the enactment of the Violence Against Women Act of 2000, except that the amendment made by subsection (a)(3) shall apply as if included in the enactment of VAWA-2005.CommentsClose CommentsPermalink
(e) Correction of Cross-Reference to Credible Evidence Provisions-CommentsClose CommentsPermalink
(1) VAWA SUSPENSION OF DEPORTATION- Section 309(c)(5)(C)(iii) of the Illegal Immigration and Reform and Immigrant Responsibility Act of 1996 (division C of
(2) EFFECTIVE DATE- The amendments made by this section shall take effect as if included in the enactment of the Violence Against Women Act of 2000.CommentsClose CommentsPermalink
(f) Miscellaneous Corrections to VAWA-2005-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 204(a)(1)(D) of the Immigration and Nationality Act (
(2) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to applications filed before, on, or after the date of the enactment of the Violence Against Women Act of 2000.CommentsClose CommentsPermalink
TITLE III--VAWA CONFIDENTIALITYCommentsClose CommentsPermalink
TITLE III--VAWA CONFIDENTIALITYCommentsClose CommentsPermalink
SEC. 301. VAWA CONFIDENTIALITY IMPROVEMENTS.
(a) VAWA Confidentiality Moved From IIRAIRA-CommentsClose CommentsPermalink
(1) IN GENERAL- The Illegal Immigration Reform and Immigration Responsibility Act of 1996 (division C of
(2) CONFORMING AMENDMENT- Section 239(e)(1) of the Immigration and Nationality Act (
(b) Insertion of VAWA Confidentiality in the INA- The Immigration and Nationality Act (
‘SEC. 245B. CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO BATTERED ALIENS.
‘(a) In General- Except as provided in subsection (c) of this section, enforcement official may not--CommentsClose CommentsPermalink
‘(1) make an adverse determination, using information furnished by a VAWA perpetrator, on--CommentsClose CommentsPermalink
‘(A) admissibility of an alien,CommentsClose CommentsPermalink
‘(B) deportability of an alien,CommentsClose CommentsPermalink
‘(C) detention of an alien,CommentsClose CommentsPermalink
‘(D) any application for immigration relief of an alien, orCommentsClose CommentsPermalink
‘(E) whether or not to initiate an enforcement action against an alien,CommentsClose CommentsPermalink
unless the alien has been convicted of a crime or crimes listed in section 237; orCommentsClose CommentsPermalink
‘(2) permit use by or disclosure to anyone (other than a sworn officer or employee of the Department, or bureau or agency thereof, for legitimate Department, bureau, or agency purposes) of any information which relates to an alien who is the beneficiary of an application for relief under--CommentsClose CommentsPermalink
‘(A) paragraph (15)(T), (15)(U), or (51) of section 101(a);CommentsClose CommentsPermalink
‘(B) section 106;CommentsClose CommentsPermalink
‘(C) section 240A(b)(2);CommentsClose CommentsPermalink
‘(D) section 287(h); orCommentsClose CommentsPermalink
‘(E) section 244(a)(3) (as in effect prior to March 31, 1997).CommentsClose CommentsPermalink
‘(b) Duration of Limitation on Disclosure- Notwithstanding
section 552 of title 5, United States Code , the limitation under paragraph (2) ends when the application for relief is denied and all opportunities for appeal of the denial have been exhausted.CommentsClose CommentsPermalink‘(c) Exceptions to Nondisclosure-CommentsClose CommentsPermalink
‘(1) IN THE SAME MANNER AS CENSUS INFORMATION- The Attorney General may provide, in the Attorney General’s discretion, for the disclosure of information in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under
section 8 of title 13, United States Code .CommentsClose CommentsPermalink‘(2) FOR LAW ENFORCEMENT PURPOSES- The Attorney General may provide in the discretion of the Attorney General for the disclosure of information to Federal law enforcement officials to be used solely for a legitimate law enforcement purpose.CommentsClose CommentsPermalink
‘(3) FOR PURPOSES OF JUDICIAL REVIEW- Subsection (a) of this section shall not be construed as preventing disclosure of information in connection with judicial review of a determination in an immigration case described in subsection (a) of an alien protected by this section in a manner that protects the confidentiality of such information.CommentsClose CommentsPermalink
‘(4) IN ACCORDANCE WITH EXPLICIT WAIVER BY VICTIMS- Subsection (a)(2) of this section shall not apply if all the battered individuals in the case are adults and they have all waived the restrictions of such subsection.CommentsClose CommentsPermalink
‘(5) FOR PURPOSES OF DETERMINING ELIGIBILITY FOR BENEFITS- The Attorney General and the Secretary of Homeland Security are authorized to disclose information, to Federal, State, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits pursuant to section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (
8 U.S.C. 1641(c) ), in a manner that protects the confidentiality of such information.CommentsClose CommentsPermalink‘(6) FOR PURPOSES OF CONGRESSIONAL OVERSIGHT- Subsection (a) of this section may not be construed to prevent the Attorney General and the Secretary of Homeland Security from disclosing to the chairmen and ranking members of the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives, for the exercise of congressional oversight authority, information on closed cases under this section in a manner that protects the confidentiality of such information and that omits personally identifying information (including locational information about individuals).CommentsClose CommentsPermalink
‘(7) FOR PURPOSES OF ASSISTING VICTIMS IN OBTAINING SERVICES- Government entities adjudicating applications for relief under subsection (a)(2) of this section, and government personnel carrying out mandated duties under section 101(i)(1), may, with the prior written consent of the alien involved, communicate with nonprofit, nongovernmental victims’ service providers for the sole purpose of assisting victims in obtaining victim services from programs with expertise working with immigrant victims. Agencies receiving referrals are bound by the provisions of this section. Nothing in this paragraph shall be construed as affecting the ability of an applicant to designate a safe organization through whom governmental agencies may communicate with the applicant.CommentsClose CommentsPermalink
‘(d) Penalties for Violation- Anyone who knowingly uses, publishes, or permits information to be disclosed in violation of this section or who knowingly makes a false certification under section 239(e) shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than $5,000 for each such violation.CommentsClose CommentsPermalink
‘(e) Guidance- The Attorney General and the Secretary of Homeland Security shall provide guidance to officers and employees of the Department of Justice or the Department of Homeland Security who have access to information covered by this section regarding the provisions of this section, including the provisions to protect victims of domestic violence from harm that could result from the inappropriate disclosure of covered information.CommentsClose CommentsPermalink
‘(f) Requirement To Provide Information About Eligibility for Immigration Relief- When information is furnished by a VAWA perpetrator, the Federal, State, or local agency receiving the information shall, within 24 hours, provide to the alien to whom the information pertains informational materials about eligibility for relief under sections 101(a)(51), 101(a)(15)(T), 101(a)(15)(U), 287(h), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1997) along with referrals to local victim services agencies.CommentsClose CommentsPermalink
‘(g) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) The term ‘enforcement officer’ means--CommentsClose CommentsPermalink
‘(A) the Attorney General;CommentsClose CommentsPermalink
‘(B) the Secretary of Homeland Security;CommentsClose CommentsPermalink
‘(C) the Secretary of State;CommentsClose CommentsPermalink
‘(D) any other official or employee of the Department of Homeland Security, the Department of Justice, or the Department of State (including any bureau or agency of either of any such Department); orCommentsClose CommentsPermalink
‘(E) any other State or Federal Government officer or employee.CommentsClose CommentsPermalink
‘(2) The term ‘VAWA perpetrator’ means, with regard to an alien--CommentsClose CommentsPermalink
‘(A) a spouse, parent, son, or daughter who has battered the alien or subjected the alien to extreme cruelty;CommentsClose CommentsPermalink
‘(B) a member of the family of the spouse, parent, son, or daughter of the alien, who has battered the alien or subjected the alien to extreme cruelty;CommentsClose CommentsPermalink
‘(C) a spouse, parent, son, or daughter of the alien who has battered the alien’s child or subjected the alien’s child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty);CommentsClose CommentsPermalink
‘(D) a member of the family of the spouse, parent, son, or daughter of the alien who has battered the alien’s child or subjected the alien’s child to extreme cruelty when the spouse, parent, son, or daughter consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty;CommentsClose CommentsPermalink
‘(E) in the case of an alien subjected to criminal activities listed in section 101(a)(15)(U)(iii), or an alien applying for status under section 101(a)(15)(U), the perpetrator of the criminal activity;CommentsClose CommentsPermalink
‘(F) in the case of an alien subjected to a severe form of human trafficking or applying for status--CommentsClose CommentsPermalink
‘(i) under section 101(a)(15)(T),CommentsClose CommentsPermalink
‘(ii) under
section 7105(b)(1)(E)(i)(II)(bb) of title 22, United States Code ,CommentsClose CommentsPermalink‘(iii) under section 244(a)(3) of this Act (as in effect prior to March 31, 1999), orCommentsClose CommentsPermalink
‘(iv) as a VAWA self-petitioner (as defined in section 101(a)(51)),CommentsClose CommentsPermalink
the trafficker or perpetrator; orCommentsClose CommentsPermalink
‘(G) in the case of an alien who is--CommentsClose CommentsPermalink
‘(i) a VAWA self petitioner (as defined in section 101(a)(51)), orCommentsClose CommentsPermalink
‘(ii) an alien described in section 106, 240A(b)(2), 287(h), or 244(a)(3) (as in effect on March 31, 1997),CommentsClose CommentsPermalink
a spouse, parent, son or daughter of the alien or a member of the family of such spouse, parent, son or daughter who battered the alien (or the alien’s child) or subjected the alien (or the alien’s child) to battering or extreme cruelty.’.CommentsClose CommentsPermalink
(c) VAWA Confidentiality in Removal Proceedings- Section 239(e) of the Immigration and Nationality Act (
8 U.S.C. 1229(e) ) is amended--CommentsClose CommentsPermalink
(1) in paragraph (1), by inserting after ‘an alien at’ the following: ‘or within 500 yards of’; andCommentsClose CommentsPermalink
(2) in paragraph (2)(A), by inserting after ‘supervised visitation center’ the following: ‘hospital, Federally qualified health center, governmental and nongovernmental child, elder and adult protective services agency, school and head start program, religious or faith-based organization’.CommentsClose CommentsPermalink
(d) Expansion of Definition of VAWA Self-Petitioner- Section 101(a)(51) of the Immigration and Nationality Act (
8 U.S.C. 1101(a)(51) ) is amended--CommentsClose CommentsPermalink
(1) in subparagraph (F), by striking ‘or’ at the end;CommentsClose CommentsPermalink
(2) in subparagraph (G), by striking the period at the end and inserting the following: ‘;’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(H) section 106; andCommentsClose CommentsPermalink
‘(I) special immigrant juveniles described in section 287(h).’.CommentsClose CommentsPermalink
(e) Additional Requirements for Section 287(g) Agreements- Section 287(g) of the Immigration and Nationality Act (
8 U.S.C. 1357(g) ) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(11)(A) All agreements (new or renewed) under this subsection executed by the Attorney General after the date of enactment of this subparagraph shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall, as a term of the agreement--CommentsClose CommentsPermalink
‘(i) comply with policies, procedures and practices established by that State or subdivision that are publicized in the jurisdictions the officer or employee serves;CommentsClose CommentsPermalink
‘(ii) issue certifications for non-citizen victims under section 101(a)(15)(U); andCommentsClose CommentsPermalink
‘(iii) comply with and not violate the requirements of section 245B in the same manner and subject to the same sanctions as an employee of the Department of Homeland Security.CommentsClose CommentsPermalink
‘(B) Not later than 180 days after entering into an agreement under this subsection, and annually thereafter, the State or subdivision shall report to the Department of Homeland Security the following--CommentsClose CommentsPermalink
‘(i) the number of requests for certification under section 101(a)(15)(U);CommentsClose CommentsPermalink
‘(ii) the number of U-visa certifications issued;CommentsClose CommentsPermalink
‘(iii) the number of T-visa endorsements requests received; andCommentsClose CommentsPermalink
‘(iv) the number of T-visa certifications issued.CommentsClose CommentsPermalink
‘(C) The Secretary of Homeland Security shall submit an annual report to Congress listing the name of each State or subdivision and the information provided under subparagraph (B).’.CommentsClose CommentsPermalink
TITLE IV--TRAINING IMPROVEMENTSCommentsClose CommentsPermalink
TITLE IV--TRAINING IMPROVEMENTSCommentsClose CommentsPermalink
SEC. 401. TRAINING.
(a) Training of Immigration Judges in the Executive Office of Immigration Review- Personnel of the Department of Homeland Security, the Department of Justice and the State Department who are in a position to come in contact with alien victims of crime shall be trained in identifying, making determinations regarding and providing for the protection of crime victims who have or may be eligible to apply for relief under Immigration and Nationality Act sections 101(a)(15)(T), 101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection Act of 2000 (
(1) Department of Justice--CommentsClose CommentsPermalink
(A) immigration judges;CommentsClose CommentsPermalink
(B) the Board of Immigration Appeals; andCommentsClose CommentsPermalink
(C) officials responsible for investigating, prosecuting and adjudicating VAWA confidentiality violations of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
(2) Department of Homeland Security--CommentsClose CommentsPermalink
(A) the Administrative Appeals Unit employees;CommentsClose CommentsPermalink
(B) VAWA Unit employees;CommentsClose CommentsPermalink
(C) officials responsible for investigating, prosecuting and adjudicating VAWA confidentiality violations of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
(D) personnel involved in immigration enforcement at Immigration and Customs Enforcement and Customs and Border Patrol;CommentsClose CommentsPermalink
(E) Immigration and Customs Enforcement trial attorneys; andCommentsClose CommentsPermalink
(F) all personnel involved in managing or supervising the VAWA Unit or ICE trial attorneys; andCommentsClose CommentsPermalink
(3) Department of State--CommentsClose CommentsPermalink
(A) consular officials; andCommentsClose CommentsPermalink
(B) officials responsible for coordination of State Department efforts regarding application for relief under Immigration and Nationality Act sections 101(a)(15)(T), 101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection Act of 2000 (
(b) Any training program conducted in satisfaction of the requirement of paragraph (a) has been or will be developed with input from and in collaboration nonprofit, nongovernmental experts with experience working with immigrant victims of domestic violence, sexual assault, or human trafficking.CommentsClose CommentsPermalink
(c) Within 180 days after the effective date of this act, the Secretary of the Department of Homeland Security, the Attorney General, and the Department of State shall in consultation with the Office of Policy and Strategy of U.S. Citizenship and Immigration Services shall establish program for ongoing training described in paragraph (a) and shall craft and implement policies and protocols on the appropriate handling of cases involving victims described in or who have filed cases under Immigration and Nationality Act sections 101(a)(15)(T), 101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims 14 Protection Act of 2000 (
(d) Accredited Representative-Victim Client Privilege-CommentsClose CommentsPermalink
(1) EXTENDING STATE VICTIM-ADVOCATE PRIVILEGE LAWS TO ACCREDITED REPRESENTATIVES- It is the Sense of Congress that all States should promulgate victim-advocate privilege laws and that State victim-advocate privilege laws should be implemented in a manner that extends victim-advocate privilege to accredited representatives working for community-based organizations recognized by the Board of Immigration Appeals in the representation of victims in cases filed with the Department of Homeland Security, the Board of Immigration Appeals or immigration judges.CommentsClose CommentsPermalink
(2) REGULATIONS AMENDED TO OFFER ACCREDITED REPRESENTATIVE PRIVILEGE- Within 180 days of enactment, the Board of Immigration Appeals shall amend 8 C.F.R. 292.1(a)(4) to extend privilege co-extensive with attorney client privilege to accredited representatives and qualified recognized organizations to whom the Board of Immigration Appeals has provided recognition or accreditation.CommentsClose CommentsPermalink
SEC. 402. SERVICES FOR TRAFFICKING VICTIMS.
(a) Access to Victim’s Services-CommentsClose CommentsPermalink
(1) Subsection 107(c) of the Trafficking Victims Protection Act of 2000 is amended--CommentsClose CommentsPermalink
(A) by deleting paragraph (2) and replacing it with the following new paragraph:CommentsClose CommentsPermalink
‘(2) ACCESS TO INFORMATION AND SERVICES- Victims and potential victims of severe forms of trafficking shall have access to information about their legal rights and shall be provided translation services. A list of victim services agencies shall be provided within 24 hours of discovery of a potential victim. Potential victims shall not be placed in any local, State, or Federal jail or detention facility unless it has clearly been ascertained that an individual is not a victim of a severe form of trafficking in persons.’; andCommentsClose CommentsPermalink
(B) in paragraph (3) by deleting ‘Federal law enforcement officials’ and inserting ‘Any Federal and local law enforcement agents authorized to investigate trafficking in persons crimes’.CommentsClose CommentsPermalink
(2) Section 103 of the trafficking victims protection act of 2000 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(15) the term ‘victim services’ means a nonprofit, nongovernmental organization that assists trafficking victims, including trafficking, battered women and sexual assault crisis centers, trafficking and battered women’s shelters, and other trafficking, sexual assault or domestic violence programs, including nonprofit, nongovernmental organizations assisting trafficking victims through the legal process.’.CommentsClose CommentsPermalink
(3) EFFECTIVE DATE- The amendments made by this section shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
(b) Conforming Amendments for Public and Assisted Housing- Section 214 of the Housing and Community Development Act of 1980 (
(1) by amending subsection (a) to read as such subsection would have read if the amendments to such subsection made by section 3(b) of
(2) in subsection (a), as amended by paragraph (1) of this subsection--CommentsClose CommentsPermalink
(A) in paragraph (6), by striking ‘or’ at the end;CommentsClose CommentsPermalink
(B) by redesignating paragraph (7) as paragraph (8); andCommentsClose CommentsPermalink
(C) by inserting after paragraph (6) the following new paragraph:CommentsClose CommentsPermalink
‘(7) a qualified alien, as such term is defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (
8 U.S.C. 1641 ); or’; andCommentsClose CommentsPermalink
(3) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (1)(A), by striking ‘(6)’ and inserting ‘(8)’; andCommentsClose CommentsPermalink
(B) in paragraph (2)(A), in the matter preceding clause (i), by inserting ‘(other than a qualified alien, as such term is defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (
(c) Improving Access to Benefits for Immigrant Victims-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Health and Human Services, in consultation with the Secretary of Housing and Urban Development and Secretary of Department of Agriculture and the and Secretary of the Department of Education, shall develop an information pamphlet, as described in paragraph (2), on legal rights for immigrant victims to access public benefits and distribute and make such pamphlet available as described in paragraph (5). In preparing such materials, the Secretary of Health and Human Services shall consult with nongovernmental organizations with expertise on the legal rights to public benefits access for immigrant victims of battery, extreme cruelty, sexual assault, and other crimes.CommentsClose CommentsPermalink
(2) INFORMATION PAMPHLET- The information pamphlet developed under paragraph (1) shall include information on the following:CommentsClose CommentsPermalink
(A) Definition of Qualified Immigrants eligible for Federal public benefits.CommentsClose CommentsPermalink
(B) Housing rights of qualified immigrant.CommentsClose CommentsPermalink
(C) Federal- and State-funded housing programs open to all immigrants including emergency shelter and transitional housing for up to two years.CommentsClose CommentsPermalink
(D) Qualified immigrant access to post-secondary financial aid, grants and loans.CommentsClose CommentsPermalink
(E) Qualified immigrant access to Federal means tested public benefits including access to--CommentsClose CommentsPermalink
(i) Medicaid;CommentsClose CommentsPermalink
(ii) Medicaid and SCHIP for qualified immigrant children and pregnant women;CommentsClose CommentsPermalink
(iii) food stamps;CommentsClose CommentsPermalink
(iv) food stamps for qualified immigrant children;CommentsClose CommentsPermalink
(v) SSI;CommentsClose CommentsPermalink
(vi) TANF;CommentsClose CommentsPermalink
(vii) child care; andCommentsClose CommentsPermalink
(viii) foster care/adoption assistance, child support services.CommentsClose CommentsPermalink
(F) Legal rights of immigrants to access programs, resources and services that are--CommentsClose CommentsPermalink
(i) necessary to protect life and safety;CommentsClose CommentsPermalink
(ii) medical assistance under title XIX of the Social Security Act;CommentsClose CommentsPermalink
(iii) short-term, non-cash, in-kind emergency disaster relief;CommentsClose CommentsPermalink
(iv) public health assistance for immunizations and treatment for symptoms of communicable diseases;CommentsClose CommentsPermalink
(v) programs for housing or community development assistance or financial assistance administered by the secretary of HUD;CommentsClose CommentsPermalink
(vi) HHS HRSA funded health care programs; andCommentsClose CommentsPermalink
(vii) State-funded benefits.CommentsClose CommentsPermalink
(G) Resources through which victims can obtain referrals to programs in their community and/or State that provide advocacy, social services, legal services and other supportive services to immigrant victims of domestic violence, sexual assault, human trafficking, elder abuse or crime victims.CommentsClose CommentsPermalink
(3) TRANSLATION- In order to best serve the language groups having the greatest concentration of immigrants seeking public benefits, the information pamphlet developed under paragraph (1) shall, subject to subparagraph (B), be translated by the Secretary of Health and Human Services into foreign languages that at a minimum include the top 15 languages of legal permanent residents and shall be responsible for reviewing these languages every 5 years and adding additional languages accordingly such other languages as the Secretary of State, in the Secretary’s discretion, may specify.CommentsClose CommentsPermalink
(4) AVAILABILITY AND DISTRIBUTION- The information pamphlet developed under paragraph (1) shall be made available and distributed as follows:CommentsClose CommentsPermalink
(A) The Federal agencies described in subparagraph (C) shall distribute the pamphlet developed under subparagraph (1) to all--CommentsClose CommentsPermalink
(i) agency grantees;CommentsClose CommentsPermalink
(ii) State agencies responsible for granting Federal public benefits; andCommentsClose CommentsPermalink
(iii) public housing authorities.CommentsClose CommentsPermalink
(B) POSTING ON FEDERAL WEBSITES- The pamphlet developed under paragraph (1) shall be accessibly posted on the Websites of each of the Federal Government agencies listed in subparagraph (C).CommentsClose CommentsPermalink
(C) RESPONSIBLE FEDERAL AGENCIES-CommentsClose CommentsPermalink
(i) Department of Health and Human Services;CommentsClose CommentsPermalink
(ii) Department of Agriculture;CommentsClose CommentsPermalink
(iii) Department of Housing and Urban Development;CommentsClose CommentsPermalink
(iv) Department of Education; andCommentsClose CommentsPermalink
(v) Department of Homeland Security.CommentsClose CommentsPermalink
(5) DEADLINE FOR PAMPHLET DEVELOPMENT AND DISTRIBUTION- The pamphlet developed under paragraph (1) shall be distributed and made available (including in the languages specified under paragraph (4)) not later than 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act without regard to whether regulations to carry out such amendments are implemented.CommentsClose CommentsPermalink
SEC. 403. ENCOURAGING CUSTODY DETERMINATIONS AND VAWA CONFIDENTIALITY PROTECTIONS IN STATE COURTS.
Subtitle J of title IV of the Violence Against Women Act of 1994 (
(1) in paragraph (2) of section 41002, by inserting ‘(including under
(2) in section 41003--CommentsClose CommentsPermalink
(A) in paragraph (2)(B), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink
(B) in paragraph (C), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) Priority should given to applicants in which the grantee’s trainings and organizational policies, practices, procedures, and rules encourage judges issuing protection orders to include child custody provisions in the protection order when the parties before the court have a child in common.’.CommentsClose CommentsPermalink
SEC. 404. IMPROVING LANGUAGE ACCESS TO SERVICES PROVIDED UNDER THE VIOLENCE AGAINST WOMEN’S ACT OF 1994 FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY.
(a) Goals-CommentsClose CommentsPermalink
(1) To improve access to programs, activities, and services for victims of violence and other individuals who, as a result of national origin, are limited in their English proficiency.CommentsClose CommentsPermalink
(2) To ensure that the programs, activities, and services for victims of violence that are normally provided in English are accessible to victims and other individuals with Limited English Proficiency and thus do not discriminate on the basis of national origin in violation of title VI of the Civil Rights Act of 1964, as amended, and its implementing regulations.CommentsClose CommentsPermalink
(3) To confirm that violation of language access rights for Limited English Proficient individuals is a violation of the protections against discrimination based on national origin protected by the Civil Rights Act of 1964.CommentsClose CommentsPermalink
(4) To restore the right of Limited English Proficient individuals to a private right of action to enforce all Title VI protection including disparate impact protections.CommentsClose CommentsPermalink
(5) To provide a statutory definition of ‘limited English proficient’ that is consistent with the definition set forth by the DOJ LEP Guidance, 67 Fed. Reg. 41455, 41459 (June 18, 2002).CommentsClose CommentsPermalink
(b) Definition- Limited English Proficient--CommentsClose CommentsPermalink
(1) ‘Limited English Proficient’ means individuals who--CommentsClose CommentsPermalink
(A) who do not speak English as their primary language; andCommentsClose CommentsPermalink
(B) who have a limited ability toCommentsClose CommentsPermalink
(i) read;CommentsClose CommentsPermalink
(ii) write;CommentsClose CommentsPermalink
(iii) speak; orCommentsClose CommentsPermalink
(iv) understand English.CommentsClose CommentsPermalink
(2) If an individual described in subsection (A) meets any one of the requirements of subsections (B)(i), B(ii), B(iii), or B(iv) the individual is limited English proficient without regard to the fact that the individual may speak some English.CommentsClose CommentsPermalink
(c) Enforcement With Regard to Government Entities-CommentsClose CommentsPermalink
(1) CIVIL ACTIONS FOR INJUNCTIVE RELIEF-CommentsClose CommentsPermalink
(A) VICTIMS AGGRIEVED; INTERVENTION BY ATTORNEY GENERAL; LEGAL REPRESENTATION; COMMENCEMENT OF ACTION WITHOUT PAYMENT OF FEES, COSTS, OR SECURITY- Whenever there are reasonable grounds to believe that a Federal, State or local government entity has denied a person access to programs, activities, or services on the basis of their limited English Proficiency and in violation of title VI of the Civil Rights Act of 1964, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the Attorney General may intervene in such civil action. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the civil action without the payment of fees, costs, or security.CommentsClose CommentsPermalink
(B) Attorney’s FEES; LIABILITY OF UNITED STATES FOR COSTS- In any action commenced pursuant to this subchapter, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, and the United States shall be liable for costs the same as a private person.CommentsClose CommentsPermalink
(C) STATE OR LOCAL ENFORCEMENT PROCEEDINGS; NOTIFICATION OF STATE OR LOCAL AUTHORITY; STAY OF FEDERAL PROCEEDINGS- In the case of an alleged act or practice prohibited by this subchapter which occurs in a State, or political subdivision of a State, no civil action may be brought under subsection (a) of this section before the expiration of thirty days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings.CommentsClose CommentsPermalink
(D)(i) CIVIL RIGHTS ACT OF 1964- Section 601 of the Civil Rights Act of 1964 (
(I) by striking ‘No’ and inserting ‘(a) No’; andCommentsClose CommentsPermalink
(II) by adding at the end the following:CommentsClose CommentsPermalink
‘(b)(1)(A) Discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title only if--CommentsClose CommentsPermalink
‘(i) a person aggrieved by discrimination on the basis of race, color, or national origin (referred to in this title as an ‘aggrieved person’) demonstrates that an entity subject to this title (referred to in this title as a ‘covered entity’) has a policy or practice that causes a disparate impact on the basis of race, color, or national origin and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner; orCommentsClose CommentsPermalink
‘(ii) the aggrieved person demonstrates (consistent with the demonstration required under title VII with respect to an ‘alternative employment practice’) that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice.’.CommentsClose CommentsPermalink
(2) CIVIL ACTIONS BY THE ATTORNEY GENERAL-CommentsClose CommentsPermalink
(A) COMPLAINT- Whenever the Attorney General has reasonable cause to believe that a Federal, State or local government entity or any employee or group of employees is engaged in a pattern or practice of denying access to programs, activities, or services provided to victims under the Violence Against Women’s Act of 1994 or under any other State or Federal law, on the basis of their limited English Proficiency and in violation of title VI of the Civil Rights Act of 1964, and that the pattern or practice is of such a nature and is intended to deny access to programs, activities, or services provided to victims on the basis of their limited English Proficiency and in violation of title VI of the Civil Rights Act of 1964, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint--CommentsClose CommentsPermalink
(i) signed by the Attorney General (or in the Attorney General’s absence the Acting Attorney General);CommentsClose CommentsPermalink
(ii) setting forth facts pertaining to such pattern or practice; andCommentsClose CommentsPermalink
(iii) requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full availability of programs, activities, and services provided under the to limited English proficient victims.CommentsClose CommentsPermalink
(B) In order to ensure full enforcement under this section, the provisions of this section do not limit the ability of the Attorney General to use existing authority to bring litigation and to enforce Title VI by any another other means available to him or her under the law.CommentsClose CommentsPermalink
(3) JURISDICTION; THREE-JUDGE DISTRICT COURT FOR CASES OF GENERAL PUBLIC IMPORTANCE: HEARING, DETERMINATION, EXPEDITION OF ACTION, REVIEW BY SUPREME COURT; SINGLE JUDGE DISTRICT COURT: HEARING, DETERMINATION, EXPEDITION OF ACTION-CommentsClose CommentsPermalink
(A) The district courts of the United States shall have and shall exercise jurisdiction in proceedings instituted pursuant to this section, and in any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court.CommentsClose CommentsPermalink
(B) If no three-judge panel has been requested, the handling of the case shall be expedited. It shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending to immediately designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case. It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.CommentsClose CommentsPermalink
(d) Enforcement With Regard to Governmental and Non-Governmental Entities-CommentsClose CommentsPermalink
(1) Language access plans required--CommentsClose CommentsPermalink
(A) all recipients of Federal grant funding shall provide a copy of the agency’s language access plan to the Federal agency that provided their grant no later than one year after receipt of funding; andCommentsClose CommentsPermalink
(B) a copy of the agency’s language access plan shall be submitted as an attachment along with the first grant report due to the Federal grant maker falling after the date of the six-month anniversary of the grant award.CommentsClose CommentsPermalink
(2) Language access plan must address at a minimum the following:CommentsClose CommentsPermalink
(A) The types of language services available.CommentsClose CommentsPermalink
(B) How staff can obtain those services.CommentsClose CommentsPermalink
(C) How to respond to LEP callers.CommentsClose CommentsPermalink
(D) How to respond to written communications from LEP individuals.CommentsClose CommentsPermalink
(E) How to respond to LEP individuals who have in-person contact with recipient staff.CommentsClose CommentsPermalink
(F) How to ensure competency of interpreter and translation services.CommentsClose CommentsPermalink
(G) How staff will receive training on the requirements of the policy.CommentsClose CommentsPermalink
(H) How the agency provides outreach and notice of the language services available.CommentsClose CommentsPermalink
(I) How to respond to complaints by LEP individuals.CommentsClose CommentsPermalink
(J) How the plan will be monitored and updated.CommentsClose CommentsPermalink
(3) REVOCATION OF FUNDING-CommentsClose CommentsPermalink
(A) Whenever the Department of Justice (DOJ) or the Department of Health and Human Services (HHS) has reasonable cause to believe that any grant recipient is engaged in a pattern or practice of denying access to programs, activities, or services provided to victims on the basis of their limited English Proficiency and in violation of title VI of the Civil Rights Act of 1964, the DOJ or HHS shall require the grant recipient to prepare a plan demonstrating how it to improve access to its government-funded programs, activities, and services for victims with limited English Proficiency. Each plan shall include the steps the grant recipient will take to ensure that eligible limited English Proficiency persons can meaningfully access the grantee’s programs, activities, and services. If such a grantee fails to develop an acceptable plan with 120 days of the request, the DOJ or HHS may revoke that grantee’s funding.CommentsClose CommentsPermalink
(B) The requirement provided by subsection (1) are in addition to the requirements set forth in
(4) All recipients and subrecipients of Federal grants shall comply with Title VI of the Civil Rights Act of 1964 (prohibiting race, color, and national origin discrimination including language access for limited English proficient persons and for persons without regard to their alienage status.CommentsClose CommentsPermalink
(e) Nondiscrimination- All relief and assistance activities, including justice system assistance and immigration relief, offered to victims of domestic violence, sexual assault, dating violence, stalking, elder abuse and human trafficking shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, ethnicity, or, religion, nationality, sex, age, disability, English proficiency, alienage status, or economic status.CommentsClose CommentsPermalink
(f) Interpreters for Court Proceedings Under This Section-CommentsClose CommentsPermalink
(1) CIVIL ACTIONS- In any civil action brought pursuant to this section, the court shall be required to provide a foreign language interpreter.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS- The Court Interpreters Act of 1978,
TITLE V--ACCESS TO SERVICESCommentsClose CommentsPermalink
TITLE V--ACCESS TO SERVICESCommentsClose CommentsPermalink
SEC. 501. ENSURING ISSUANCE OF U- AND T-VISA CERTIFICATIONS AND ACCESS TO SERVICES.
(a) Grant Conditions- Section 40002 of the Violence Against Women Act of 1994 (
‘(12) CIVIL RIGHTS-CommentsClose CommentsPermalink
‘(A) NONDISCRIMINATION- No person in the United States shall on the basis of actual or perceived race, color, religion, national origin, alienage status, sex, gender identity (as defined in paragraph 249(c)(4) of title 18, United States Code), sexual orientation, age, or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the Violence Against Women Act of 1994 (title IV of
Public Law 103-322 ; 108 Stat. 1902), the Violence Against Women Act of 2000 (division B ofPublic Law 106-386 ; 114 Stat. 1491), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX ofPublic Law 109-162 ; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2011, and any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance administered by the Office on Violence Against Women.CommentsClose CommentsPermalink‘(B) EXCEPTION- If gender segregation or gender-specific programming is necessary to the essential operation of a program, nothing in this paragraph shall prevent any such program or activity from consideration of an individual’s gender. In such circumstances, alternative reasonable accommodations are sufficient to meet the requirements of this paragraph.CommentsClose CommentsPermalink
‘(C) DISCRIMINATION- The provisions of paragraphs (2) through (4) of section 809(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (
42 U.S.C. 3789d(c) ) apply to violations of subparagraph (A).CommentsClose CommentsPermalink‘(D) CONSTRUCTION- Nothing contained in this paragraph shall be construed, interpreted, or applied to supplant, displace, preempt, or otherwise diminish the responsibilities and liabilities under other State or Federal civil rights law, whether statutory or common.CommentsClose CommentsPermalink
‘(13) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964- An entity applying for funding under this title shall certify to the Office on Violence Against Women that the entity will comply with their obligations under Title VI of the Civil Rights Act of 1964, including taking reasonable steps to ensure meaningful access to its programs and activities by persons who are limited in their English proficiency, in order to avoid discrimination on the basis of national origin.CommentsClose CommentsPermalink
‘(14) CONTENT OF APPLICATIONS- All grant applications submitted for funding shall contain documentation in the text of the grant application and a line item in the budget that provides for language access to the services being provided or documentation about local demographics justifying why the budget does not address language access.’.CommentsClose CommentsPermalink
(b) STOP Grants-CommentsClose CommentsPermalink
(1) DEVELOPMENT OF TRAINING- Section 2001(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(A) in paragraph (13), by striking ‘and’ at the end of subparagraph (D);CommentsClose CommentsPermalink
(B) in paragraph (14), by striking the period at the end of subparagraph (C) and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) by adding after paragraph (14) the following new paragraph:CommentsClose CommentsPermalink
‘(15) the development and implementation of procedures, policies, or protocols and training within courts, prosecutors’ offices, and law enforcement agencies to ensure that agency personnel have received training on and are not encouraging, promoting or facilitating the violation of Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
8 U.S.C. 1367 ) and that agencies receiving funding are issuing certifications in U-visa and T-visa cases for victims applying for relief under Section 101(a)(15)(T) and (U) of Immigration and Nationality Act.’.CommentsClose CommentsPermalink
(2) FUNDING PRIORITY- Section 2001(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (
‘(5) Priority in funding shall be given to programs whose applications demonstrate that the applicant has or is willing to implement within 6 month after receipt of funding protocols, policies, or practices that--CommentsClose CommentsPermalink
‘(A) ensure compliance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166;CommentsClose CommentsPermalink
‘(B) ensure that the agency does not violate, facilitate or encourage the violation of VAWA confidentiality as defined in section 387 of the Immigration and Nationality Act (
8 U.S.C. 1367 ); andCommentsClose CommentsPermalink‘(C) result in the agency issuing certifications for noncitizen victims applying for relief under sections 101(a)(15)(U) or 101(a)(15)(T) of the Immigration and Nationality Act if the applicant agency is eligible to sign certifications in T- or U-visa cases.’.CommentsClose CommentsPermalink
(c) Grants To Encourage Arrest Policies-CommentsClose CommentsPermalink
(1) GRANT AUTHORITY- Section 2101(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (
‘(14) To develop or strengthen policies, protocols and training for law enforcement, prosecutors, and the judiciary in recognizing, detecting, investigating, and prosecuting instances of domestic violence, dating violence, sexual assault, and stalking against immigrant victims, including the appropriate use of T and U visas (
8 U.S.C. 1101(a)(15) (T) and (U)) and providing training on and are not encouraging, promoting or facilitating the violation of Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367 ).CommentsClose CommentsPermalink‘(15) To develop or strengthen policies, protocols, and training for law enforcement, prosecutors and the judiciary on language access under Executive Order No. 13166 65 Fed. Reg. 50, 121 (Aug. 16, 2000).’.CommentsClose CommentsPermalink
(2) ELIGIBILITY- Section 2101(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(A) in paragraph (4), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) in paragraph (5), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(6) Priority in funding shall be given to programs whose applications demonstrate that the applicant has or is willing to implement within 6 months after receipt of funding protocols, policies, or practices that--CommentsClose CommentsPermalink
‘(A) ensure compliance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166;CommentsClose CommentsPermalink
‘(B) ensure that the agency does not violate, facilitate or encourage the violation of VAWA confidentiality as defined in section 387 of the Immigration and Nationality Act (
8 U.S.C. 1367 ); andCommentsClose CommentsPermalink‘(C) result in the agency issuing certifications for noncitizen victims applying for relief under sections 101(a)(15)(U) or 101(a)(15)(T) of the Immigration and Nationality Act if the applicant agency is eligible to sign certifications in T- or U-visa cases.’.CommentsClose CommentsPermalink
(d) Transitional Housing Assistance Grants- Section 40299 of the Violence Against Women Act of 1994 (
(1) inserting ‘-- (i)’ after ‘provide assurances that’; andCommentsClose CommentsPermalink
(2) adding at the end the following:CommentsClose CommentsPermalink
‘(ii) applicants are able to prove eligibility for the housing program funded under this grant using any credible evidence (as defined in section 204(a)(1)(J) of the Immigration and Nationality Act (
8 U.S.C. 1154(a)(1)(J) )); andCommentsClose CommentsPermalink‘(iii) the program serves underserved victims and is compliant with title VI of the Civil Rights Act of 1964, and Executive Order 13166 (65 Fed. Reg. 50, 121).’.CommentsClose CommentsPermalink
(e) Campus Grants Available for Victims With Limited English Proficiency- Section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (
(1) in subsection (b)(4), by inserting ‘and language access to such services’ after ‘physiological counseling,’;CommentsClose CommentsPermalink
(2) in subsection (c)(2)(C), by inserting ‘proportion, demographics, and language needs of international students,’ after ‘demographics of the population,’; andCommentsClose CommentsPermalink
(3) in subsection (d)(1), by inserting ‘translation,’ after ‘technical,’.CommentsClose CommentsPermalink
SEC. 502. VAWA UNIT ADJUDICATIONS.
(a) Transfer of All VAWA Confidentiality and VAWA-Related Cases to the VAWA Unit- Section 101(a) of the Immigration and Nationality Act (
‘(52) Applications under sections 101(a)(51), 101(a)(15)(T), 101(a)(15)(U), 106, section 216(c)(4), and parole for children of VAWA cancellation recipients and the full range of adjudications related to such cases including adjustments, work authorizations, parole, fax-back benefits authorizations, employment verification, and naturalization, for applicants and derivative beneficiaries shall be adjudicated at the VAWA Unit of Vermont Service Center.’.CommentsClose CommentsPermalink
(b) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to provide for the Violence Against Women Act Unit at the Vermont Service Center of the United States Citizenship and Immigration Services which shall be responsible for processing consistent with VAWA confidentiality requirements the full range of adjudications, adjustments, work authorizations, parole, fax-back benefits and employment verification, and naturalization, for applicants and derivative beneficiaries related to VAWA self-petitions (INA section 101(a)(51); T visas (INA section 101(a)(15)(T), U visas (INA section 101(a)(15)(U); battered spouse waivers (INA section 216(c)(4)); abused immigrant work authorizations (INA section 106) and parole for children of VAWA cancellation recipients (
(2) The Department of Homeland Security shall include in its budget each year a specific line item describing funding included to support the VAWA Unit.CommentsClose CommentsPermalink
SEC. 503. VICTIMS OF CRIME ACT IMPROVEMENTS.
(a) Crime Victim Compensation- Section 1403(b)(4) of the Victims of Crime Act of 1984 (
(b) Crime Victim Assistance- Section 1404 of the Victims of Crime Act of 1984 (
(1) in subsection (a)(2)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking ‘spousal abuse,’ and inserting ‘ domestic violence, dating violence, stalking, elder abuse,’;CommentsClose CommentsPermalink
(B) in subparagraph (B), by inserting ‘(i) are based on the definition of ‘underserved populations’ as defined in section 40002(a) of the Violence Against Women Act of 1994 (
(C) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; andCommentsClose CommentsPermalink
(D) by inserting after subparagraph (B) the following new subparagraph:CommentsClose CommentsPermalink
‘(C) ensure that programs receiving funds are open to crime victims on a non-discriminatory basis without regard to language proficiency or alienage status.’;CommentsClose CommentsPermalink
(2) in subsection (b)(1)--CommentsClose CommentsPermalink
(A) in subparagraph (E), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink
(B) by moving subparagraph (F) two ems to the left, and by striking the period at the end of such subparagraph and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(G) does not discriminate against, and offers services and assistance to, victims who do not unreasonably refuse to provide assistance in a criminal investigation or prosecution. For purposes of this paragraph the definition of ‘do not unreasonably refuse to provide assistance’ shall be the same as the used under section 245(m) of the Immigration and Nationality Act (
8 U.S.C. 1255(m) ).’;CommentsClose CommentsPermalink
(3) in subsection (c)(1)--CommentsClose CommentsPermalink
(A) in subparagraph (B), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink
(B) in subparagraph (C), by striking ‘victim service organizations’ and all that follows and inserting ‘victim service organizations, legal services programs, and coalitions to improve outreach and services to victims of crime, including immigrant, limited English proficient, and underserved victims; and’; andCommentsClose CommentsPermalink
(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(D) for improving language access to victim services and the civil, criminal, immigration, and family justice systems.’; andCommentsClose CommentsPermalink
(4) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (2), by amending subparagraph (C) to read as follows:CommentsClose CommentsPermalink
‘(C) assistance in participating in criminal, civil, family, and immigration justice system proceedings relating to prevention of, obtaining relief from, escaping, ameliorating the effects of, or offering future protection against, victimization; and’; andCommentsClose CommentsPermalink
(B) in paragraph (4), by inserting ‘, and assistance to crime victims in obtaining protection orders and in obtaining immigration relief’ after ‘of crime’.CommentsClose CommentsPermalink
SEC. 504. RESEARCH ON VIOLENCE AGAINST WOMEN.
(a) In General- Each of the research grant programs listed in subsection (b) shall include as a purpose and permitted use of Federal funding research--CommentsClose CommentsPermalink
(1) on victimization by domestic violence, sexual assault, stalking, dating violence and elder abuse including dynamics;CommentsClose CommentsPermalink
(2) intervention, impact, prevention, and effectiveness of--CommentsClose CommentsPermalink
(A) victim services;CommentsClose CommentsPermalink
(B) the civil and criminal justice system;CommentsClose CommentsPermalink
(C) health care;CommentsClose CommentsPermalink
(D) mental health care;CommentsClose CommentsPermalink
(E) immigration relief;CommentsClose CommentsPermalink
(F) legal assistance; andCommentsClose CommentsPermalink
(G) other interventions;CommentsClose CommentsPermalink
(3) outcomes for victims; andCommentsClose CommentsPermalink
(4) victim’s access to services and protections, including the needs of underserved, immigrant and limited English proficient victims.CommentsClose CommentsPermalink
(b) Application- Subsection (a) shall apply to research under the following:CommentsClose CommentsPermalink
(1) NATIONAL INSTITUTE OF JUSTICE- Section 202(c)(2) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(2) CENTERS FOR DISEASE CONTROL AND PREVENTION; STUDY BY NATIONAL CENTER FOR INJURY PREVENTION AND CONTROL- Section 402(a) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (
(3) INTERPERSONAL VIOLENCE WITHIN FAMILIES AND AMONG ACQUAINTANCES- Section 393 of the Public Health Service Act (
(4) AGENCY FOR HEALTHCARE RESEARCH AND QUALITY--RESEARCH, EVALUATIONS, AND DEMONSTRATION PROJECTS ON HEALTH CARE FOR PRIORITY POPULATIONS- Subparagraph (B) of section 901(c)(1) of the Public Health Service Act (
(5) RESEARCH ON HEALTH DISPARITIES- Section 903 of the Public Health Service Act (
(6) SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION--OFFICE FOR SUBSTANCE ABUSE PREVENTION- Subsection (b) of section 515 of the Public Health Service Act (
(7) CENTER FOR MENTAL HEALTH SERVICES- Section 520 of the Public Health Service Act (
(8) NATIONAL INSTITUTE OF DRUG ABUSE- Subsection (b) of section 464L of the Public Health Service Act (
(9) NATIONAL DRUG ABUSE RESEARCH CENTERS- Subparagraph (F) of section 464N of the Public Health Service Act (
(10) NATIONAL INSTITUTE OF MENTAL HEALTH- Paragraph (2) of section 464R(e) of the Public Health Service Act (
(11) OFFICE OF RESEARCH ON WOMENS HEALTH- Subsection (b) of section 486 of the Public Health Service Act (
(12) OFFICE OF RESEARCH ON WOMENS HEALTH ADVISORY COMMITTEE- Paragraph (4) of section 486(d) of the Public Health Service Act (
TITLE VI--MARRIAGE VISA PROTECTIONSCommentsClose CommentsPermalink
TITLE VI--MARRIAGE VISA PROTECTIONSCommentsClose CommentsPermalink
SEC. 601. PROTECTIONS FOR A FIANCEE OR FIANCE OF A CITIZEN.
(a) In General- Section 214 of the Immigration and Nationality Act (
(1) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘crime.’ and inserting ‘crime described in paragraph (3)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in paragraph (3)(B)(i).’;CommentsClose CommentsPermalink
(B) in paragraph (2)(A), in the matter preceding clause (i)--CommentsClose CommentsPermalink
(i) by striking ‘a consular officer’ and inserting ‘the Secretary of Homeland Security’; andCommentsClose CommentsPermalink
(ii) by striking ‘the officer’ and inserting ‘the Secretary’; andCommentsClose CommentsPermalink
(C) in paragraph (3)(B)(i), by striking ‘abuse, and stalking.’ and inserting ‘abuse, stalking, or an attempt to commit any such crime.’; andCommentsClose CommentsPermalink
(2) in subsection (r)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘crime.’ and inserting ‘crime described in paragraph (5)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in subsection (5)(B)(i).’; andCommentsClose CommentsPermalink
(B) by amending paragraph (4)(B)(ii) to read as follows:CommentsClose CommentsPermalink
‘(ii) To notify the beneficiary as required by clause (i), the Secretary of Homeland Security shall provide such notice to the Secretary of State for inclusion in the mailing to the beneficiary described in section 833(a)(5)(A)(i) of the International Marriage Broker Regulation Act of 2005 (
8 U.S.C. 1375a(a)(5)(A)(i) ).’; andCommentsClose CommentsPermalink
(3) in paragraph (5)(B)(i), by striking ‘abuse, and stalking.’ and inserting ‘abuse, stalking, or an attempt to commit any such crime.’.CommentsClose CommentsPermalink
(b) Provision of Information to K Nonimmigrants- Section 833 of the International Marriage Broker Regulation Act of 2005 (
(1) in subsection (a)(5)(A)--CommentsClose CommentsPermalink
(A) in clause (iii)--CommentsClose CommentsPermalink
(i) by striking ‘State any’ and inserting ‘State, for inclusion in the mailing described in clause (i), any’; andCommentsClose CommentsPermalink
(ii) by striking the last sentence; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(iv) The Secretary of Homeland Security shall conduct a background check of the National Crime Information Center’s Protection Order Database on each petitioner for a visa under subsection (d) or (r) of section 214 of the Immigration and Nationality Act (
8 U.S.C. 1184 ). Any appropriate information obtained from such background check--CommentsClose CommentsPermalink
‘(I) shall accompany the criminal background information provided by the Secretary of Homeland Security to the Secretary of State and shared by the Secretary of State with a beneficiary of a petition referred to in clause (iii); andCommentsClose CommentsPermalink
‘(II) shall not be used or disclosed for any other purpose unless expressly authorized by law.CommentsClose CommentsPermalink
‘(v) The Secretary of Homeland Security shall create a cover sheet or other mechanism to accompany the information required to be provided to an applicant for a visa under subsection (d) or (r) of section 214 of the Immigration and Nationality Act (
8 U.S.C. 1184 ) by clauses (i) through (iv) of this paragraph or by clauses (i) and (ii) of subsection (r)(4)(B) of such section 214, that calls to the applicant’s attention--CommentsClose CommentsPermalink
‘(I) whether the petitioner disclosed a protection order, a restraining order, or criminal history information on the visa petition;CommentsClose CommentsPermalink
‘(II) the criminal background information and information about any protection order obtained by the Secretary of Homeland Security regarding the petitioner in the course of adjudicating the petition; andCommentsClose CommentsPermalink
‘(III) whether the information the petitioner disclosed on the visa petition regarding any previous petitions filed under subsection (d) or (r) of such section 214 is consistent with the information in the multiple visa tracking database of the Department of Homeland Security, as described in subsection (r)(4)(A) of such section 214.’; andCommentsClose CommentsPermalink
(2) in subsection (b)(1)(A), by striking ‘or’ after ‘orders’ and inserting ‘and’.CommentsClose CommentsPermalink
SEC. 602. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) Implementation of the International Marriage Broker Act of 2005-CommentsClose CommentsPermalink
(1) FINDINGS- Congress finds the following:CommentsClose CommentsPermalink
(A) The International Marriage Broker Act of 2005 (subtitle D of
(B) Six years after Congress enacted the International Marriage Broker Act of 2005 to regulate the activities of the hundreds of for-profit international marriage brokers operating in the United States, the Attorney General has not determined which component of the Department of Justice will investigate and prosecute violations of such Act.CommentsClose CommentsPermalink
(2) REPORT- Not later than 90 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report that includes the following:CommentsClose CommentsPermalink
(A) The name of the component of the Department of Justice responsible for investigating and prosecuting violations of the International Marriage Broker Act of 2005 (subtitle D of
(B) A description of the policies and procedures of the Attorney General for consultation with the Secretary of Homeland Security and the Secretary of State in investigating and prosecuting such violations.CommentsClose CommentsPermalink
(b) Technical Correction- Section 833(a)(2)(H) of the International Marriage Broker Regulation Act of 2005 (
(c) Regulation of International Marriage Brokers- Section 833(d) of the International Marriage Broker Regulation Act of 2005 (
(1) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink
‘(1) PROHIBITION ON MARKETING OF OR TO CHILDREN-CommentsClose CommentsPermalink
‘(A) IN GENERAL- An international marriage broker shall not provide any individual or entity with the personal contact information, photograph, or general information about the background or interests of any individual under the age of 18.CommentsClose CommentsPermalink
‘(B) COMPLIANCE- To comply with the requirements of subparagraph (A), an international marriage broker shall--CommentsClose CommentsPermalink
‘(i) obtain a valid copy of each foreign national client’s birth certificate or other proof of age document issued by an appropriate government entity;CommentsClose CommentsPermalink
‘(ii) indicate on such certificate or document the date it was received by the international marriage broker;CommentsClose CommentsPermalink
‘(iii) retain the original of such certificate or document for 7 years after such date of receipt; andCommentsClose CommentsPermalink
‘(iv) produce such certificate or document upon request to an appropriate authority charged with the enforcement of this paragraph.’;CommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) in subparagraph (A)(i)--CommentsClose CommentsPermalink
(i) in the heading, by striking ‘REGISTRIES- ’ and inserting ‘WEBSITE- ’; andCommentsClose CommentsPermalink
(ii) by striking ‘Registry or State sex offender public registry,’ and inserting ‘Website,’;CommentsClose CommentsPermalink
(B) in subparagraph (B)(i), by striking ‘permanent civil’ and inserting ‘final’; andCommentsClose CommentsPermalink
(C) in subparagraph (B)(ii)--CommentsClose CommentsPermalink
(i) by inserting ‘or endangerment, elder abuse or neglect or exploitation’ after ‘child abuse or neglect’; andCommentsClose CommentsPermalink
(ii) by striking ‘or stalking.’ and inserting ‘stalking, or an attempt to commit any such crime.’;CommentsClose CommentsPermalink
(3) in paragraph (3)--CommentsClose CommentsPermalink
(A) in subparagraph (A)--CommentsClose CommentsPermalink
(i) in clause (i), by striking ‘Registry, or of the relevant State sex offender public registry for any State not yet participating in the National Sex Offender Public Registry, in which the United States client has resided during the previous 20 years,’ and inserting ‘Website’; andCommentsClose CommentsPermalink
(ii) in clause (iii)(II), by striking ‘background information collected by the international marriage broker under paragraph (2)(B);’ and inserting ‘signed certification and accompanying documentation or attestation regarding the background information collected under paragraph (2)(B);’; andCommentsClose CommentsPermalink
(B) by striking subparagraph (C);CommentsClose CommentsPermalink
(4) in paragraph (5)--CommentsClose CommentsPermalink
(A) in subparagraph (A)(ii), by striking ‘A penalty may be imposed under clause (i) by the Attorney General only’ and inserting ‘At the discretion of the Attorney General, a penalty may be imposed under clause (i) either by a Federal judge, or by the Attorney General’;CommentsClose CommentsPermalink
(B) by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink
‘(B) FEDERAL CRIMINAL PENALTIES-CommentsClose CommentsPermalink
‘(i) FAILURE OF INTERNATIONAL MARRIAGE BROKERS TO COMPLY WITH OBLIGATIONS- Except as provided in clause (ii), an international marriage broker that, in circumstances in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States--CommentsClose CommentsPermalink
‘(I) except as provided in subclause (II), violates (or attempts to violate) paragraph (1), (2), (3), or (4) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 1 year, or both; orCommentsClose CommentsPermalink
‘(II) knowingly violates or attempts to violate paragraphs (1), (2), (3), or (4) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both.CommentsClose CommentsPermalink
‘(ii) MISUSE OF INFORMATION- A person who knowingly discloses, uses, or causes to be used any information obtained by an international marriage broker as a result of a requirement under paragraph (2) or (3) for any purpose other than the disclosures required under paragraph (3) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 1 year, or both.CommentsClose CommentsPermalink
‘(iii) FRAUDULENT FAILURES OF UNITED STATES CLIENTS TO MAKE REQUIRED SELF-DISCLOSURES- A person who knowingly and with intent to defraud another person outside the United States in order to recruit, solicit, entice, or induce that other person into entering a dating or matrimonial relationship, makes false or fraudulent representations regarding the disclosures described in clause (i), (ii), (iii), or (iv) of subsection (d)(2)(B), including by failing to make any such disclosures, shall be fined in accordance with title 18, United States Code, imprisoned for not more than 1 year, or both.CommentsClose CommentsPermalink
‘(iv) RELATIONSHIP TO OTHER PENALTIES- The penalties provided in clauses (i), (ii), and (iii) are in addition to any other civil or criminal liability under Federal or State law to which a person may be subject for the misuse of information, including misuse to threaten, intimidate, or harass any individual.CommentsClose CommentsPermalink
‘(v) CONSTRUCTION- Nothing in this paragraph or paragraph (3) or (4) may be construed to prevent the disclosure of information to law enforcement or pursuant to a court order.’; andCommentsClose CommentsPermalink
(C) in subparagraph (C), by striking the period at the end and inserting ‘including equitable remedies.’;CommentsClose CommentsPermalink
(5) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; andCommentsClose CommentsPermalink
(6) by inserting after paragraph (5) the following:CommentsClose CommentsPermalink
‘(6) ENFORCEMENT-CommentsClose CommentsPermalink
‘(A) AUTHORITY- The Attorney General shall be responsible for the enforcement of the provisions of this section, including the prosecution of civil and criminal penalties provided for by this section.CommentsClose CommentsPermalink
‘(B) CONSULTATION- The Attorney General shall consult with the Director of the Office on Violence Against Women of the Department of Justice to develop policies and public education designed to promote enforcement of this section.’.CommentsClose CommentsPermalink
(d) GAO Study and Report- Section 833(f) of the International Marriage Broker Regulation Act of 2005 (
(1) in the subsection heading, by striking ‘Study and Report- ’ and inserting ‘Studies and Reports- ’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(4) CONTINUING IMPACT STUDY AND REPORT-CommentsClose CommentsPermalink
‘(A) STUDY- The Comptroller General shall conduct a study on the continuing impact of the implementation of this section and of section of 214 of the Immigration and Nationality Act (
8 U.S.C. 1184 ) on the process for granting K nonimmigrant visas, including specifically a study of the items described in subparagraphs (A) through (E) of paragraph (1).CommentsClose CommentsPermalink‘(B) REPORT- Not later than 2 years after the date of the enactment of the Violence Against Women Reauthorization Act of 2013, the Comptroller General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report setting forth the results of the study conducted under subparagraph (A).CommentsClose CommentsPermalink
‘(C) DATA COLLECTION- The Attorney General, the Secretary of Homeland Security, and the Secretary of State shall collect and maintain the data necessary for the Comptroller General to conduct the study required by paragraph (1)(A).’.CommentsClose CommentsPermalink
TITLE VII--SEXUAL ABUSE IN PRISONSCommentsClose CommentsPermalink
TITLE VII--SEXUAL ABUSE IN PRISONSCommentsClose CommentsPermalink
SEC. 701. SEXUAL ABUSE IN CUSTODIAL SETTINGS.
(a) Suits by Prisoners- Section 7(e) of the Civil Rights of Institutionalized Persons Act (
(b) United States as Defendant-
‘or the commission of a sexual act (as defined in section 2246 of title 18)’.CommentsClose CommentsPermalink
(c) Adoption and Effect of National Standards- Section 8 of the Prison Rape Elimination Act of 2003 (
(1) by redesignating subsection (c) as subsection (e); andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following:CommentsClose CommentsPermalink
‘(c) Applicability to Detention Facilities Operated by the Department of Homeland Security-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 180 days after the date of enactment of the Violence Against Women Reauthorization Act of 2011, the Secretary of Homeland Security shall publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rape and sexual assault in facilities that maintain custody of aliens detained for a violation of the immigrations laws of the United States.CommentsClose CommentsPermalink
‘(2) APPLICABILITY- The standards adopted under paragraph (1) shall apply to detention facilities operated by the Department of Homeland Security and to detention facilities operated under contract with the Department.CommentsClose CommentsPermalink
‘(3) COMPLIANCE- The Secretary of Homeland Security shall--CommentsClose CommentsPermalink
‘(A) assess compliance with the standards adopted under paragraph (1) on a regular basis; andCommentsClose CommentsPermalink
‘(B) include the results of the assessments in performance evaluations of facilities completed by the Department of Homeland Security.CommentsClose CommentsPermalink
‘(4) CONSIDERATIONS- In adopting standards under paragraph (1), the Secretary of Homeland Security shall give due consideration to the recommended national standards provided by the Commission under section 7(e).CommentsClose CommentsPermalink
‘(5) DEFINITION- As used in this section, the term ‘detention facilities operated under contract with the Department’ includes, but is not limited to, contract detention facilities and detention facilities operated through an intergovernmental service agreement with the Department of Homeland Security.CommentsClose CommentsPermalink
‘(d) Applicability to Custodial Facilities Operated by the Department of Health and Human Services-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 180 days after the date of enactment of the Violence Against Women Reauthorization Act of 2011, the Secretary of Health and Human Services shall publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rape and sexual assault in facilities that maintain custody of unaccompanied alien children (as defined in section 462(g) of the Homeland Security Act of 2002 (
6 U.S.C. 279(g) )).CommentsClose CommentsPermalink‘(2) APPLICABILITY- The standards adopted under paragraph (1) shall apply to facilities operated by the Department of Health and Human Services and to facilities operated under contract with the Department.CommentsClose CommentsPermalink
‘(3) COMPLIANCE- The Secretary of Health and Human Services shall--CommentsClose CommentsPermalink
‘(A) assess compliance with the standards adopted under paragraph (1) on a regular basis; andCommentsClose CommentsPermalink
‘(B) include the results of the assessments in performance evaluations of facilities completed by the Department of Health and Human Services.CommentsClose CommentsPermalink
‘(4) CONSIDERATIONS- In adopting standards under paragraph (1), the Secretary of Health and Human Services shall give due consideration to the recommended national standards provided by the Commission under section 7(e).’.CommentsClose CommentsPermalink
TITLE VIII--DATA COLLECTIONCommentsClose CommentsPermalink
TITLE VIII--DATA COLLECTIONCommentsClose CommentsPermalink
SEC. 801. ANNUAL REPORT ON IMMIGRATION APPLICATIONS MADE BY VICTIMS OF ABUSE.
(a) In General- Not later than December 1, 2013, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes the following:CommentsClose CommentsPermalink
(1) The number of aliens who--CommentsClose CommentsPermalink
(A) submitted an application for nonimmigrant status under paragraph (15)(T)(i), (15)(U)(i), or (51) of section 101(a) of the Immigration and Nationality Act (
(B) were granted such nonimmigrant status during such fiscal year; orCommentsClose CommentsPermalink
(C) were denied such nonimmigrant status during such fiscal year.CommentsClose CommentsPermalink
(2) The mean amount of time and median amount of time to adjudicate an application for such nonimmigrant status during such fiscal year.CommentsClose CommentsPermalink
(3) The mean amount of time and median amount of time between the receipt of an application for such nonimmigrant status and the issuance of work authorization to an eligible applicant during the preceding fiscal year.CommentsClose CommentsPermalink
(4) The number of aliens granted continued presence in the United States under section 107(c)(3) of the Trafficking Victims Protection Act of 2000 (
(5) A description of any actions being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing, of an application described in paragraph (1) or a request for continued presence referred to in paragraph (4).CommentsClose CommentsPermalink
(6) The numbers of adjudicators and managers working in the VAWA Unit, the length each has served on the unit, and the years of experience each has on domestic violence, sexual assault, human trafficking and crime victimization issues.CommentsClose CommentsPermalink
(7) A description of the training VAWA Unit adjudicators and managers received that fiscal year on domestic violence, sexual assault, human trafficking and crime victimization and VAWA confidentiality issues.CommentsClose CommentsPermalink
(8) A description of the training Immigration and Customs Enforcement and Customs and Boarder Patrol enforcement agents and Immigration and Custom’s Enforcement trial attorneys and chief counsel mandatorily receive and optionally receive on--CommentsClose CommentsPermalink
(A) VAWA confidentiality;CommentsClose CommentsPermalink
(B) screening to identify immigrants eligible for--CommentsClose CommentsPermalink
(i) humanitarian release;CommentsClose CommentsPermalink
(ii) favorable exercise of prosecutorial discretion; orCommentsClose CommentsPermalink
(iii) U visas, T visas, and VAWA self-petitions or other forms of VAWA confidentiality protected relief;CommentsClose CommentsPermalink
(C) the Department of Homeland Security broadcast message on VAWA confidentiality and the Central Index System’s new 384 class of admission code;CommentsClose CommentsPermalink
(D) U-visa certification and T-visa endorsement by Department of Homeland Security officials and State law enforcement; andCommentsClose CommentsPermalink
(E) collaboration with local law enforcement and victim services programs on VAWA self-petitioning, VAWA cancellation of removal, U-visa and T-visa cases.CommentsClose CommentsPermalink
(9) The number of VAWA confidentiality violation complaints filed including--CommentsClose CommentsPermalink
(A) the data on the types of complaints filed;CommentsClose CommentsPermalink
(B) each division in which the employee works against whom the complaint was filed;CommentsClose CommentsPermalink
(C) the outcome, including any action taken on the complaint;CommentsClose CommentsPermalink
(D) the mean and median time between receipt of the complaint and culmination of action on the complaint; andCommentsClose CommentsPermalink
(E) the report shall not include any personally identifying information about the complainant, the person against whom the complaint was filed, or any witnesses.CommentsClose CommentsPermalink
(10) The degree of compliance with the Prison Rape Elimination Act of 2003, as amended by this Act, achieved by each detention facility operated by the Department of Homeland Security and each detention facility operated under contract with the Department during the preceding fiscal year.CommentsClose CommentsPermalink
(11) The number of reports alleging sexual abuse filed at each detention facility operated by the Department of Homeland Security and each detention facility operated under contract with the Department during the preceding fiscal year, including an indication of the number of reports sustained at each facility.CommentsClose CommentsPermalink
(b) Reporting Requirement- Not later than December 1, 2012, and annually thereafter, the Legal Services Corporation shall submit a report to the Senate Committee on the Judiciary and the House Committee on the Judiciary identifying the following:CommentsClose CommentsPermalink
(1) Steps taken to consult with and include programs serving victims of domestic violence, dating violence, sexual assault, and stalking, population specific programs, culturally specific programs, and representatives from underserved populations in community consultations used to determine what services each Legal Services Corporation funded program provides.CommentsClose CommentsPermalink
(2) Steps taken by the Corporation to implement and provide training to programs funded by the Corporation on the provisions of section 104 of the Violence Against Women and Department of Justice Reauthorization Act of 2005.CommentsClose CommentsPermalink
(3) The number and proportion of programs receiving funding from the Corporation that have implemented policies and procedures (including those for intake and screening) designed to ensure that victims described in section 104 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 are able to access legal assistance from the program.CommentsClose CommentsPermalink
(c) Study- The Comptroller General of the United States shall conduct a study--CommentsClose CommentsPermalink
(1) on the impact of section 384 of the Illegal Immigration Reform and Immigration Responsibility Act (IIRAIRA) (
(A) the annual number of aliens receiving certification subject to 239(e)(1) of the Immigration and Nationality Act (
(B) the annual number of aliens described in section 384 of IIRAIRA and cases contained in the computerized section 384 confidentiality system who--CommentsClose CommentsPermalink
(i) have been issued notices to appear by the Department of Homeland Security;CommentsClose CommentsPermalink
(ii) have pending cases in immigration proceedings;CommentsClose CommentsPermalink
(iii) have orders of removal issued against them;CommentsClose CommentsPermalink
(iv) have been issued immigration detainers; orCommentsClose CommentsPermalink
(v) have been placed in detention by the Department of Homeland Security;CommentsClose CommentsPermalink
(2) that examines the extent to which the Attorney General, the Secretary of Homeland Security, the Secretary of State, and local law enforcement agencies participating in the program under section 287(g) of the Immigration and Nationality Act, have implemented policies, practices, or protocols that--CommentsClose CommentsPermalink
(A) screen for victimization, eligibility for humanitarian release, and eligibility for relief under sections 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1997) of the Immigration and Nationality Act or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection Act of 2000 (
(B) provide potential victims with information about the forms of immigration relief listed in subparagraph (A);CommentsClose CommentsPermalink
(C) result in T- and U-visa certification; andCommentsClose CommentsPermalink
(D) are designed to ensure that immigrant victims are not subjected to immigration enforcement related to the perpetrator’s actions or communications;CommentsClose CommentsPermalink
(3) that reports on the number of section 298(g) jurisdictions that have memoranda of understanding with the Secretary of Homeland Security requiring practices that result in T- and U-visa certifications and compliance with VAWA confidentiality protections by officers and departments participating in the section 287(g) program; andCommentsClose CommentsPermalink
(4) that reports on the proportion of Federal, State and local law enforcement agencies that--CommentsClose CommentsPermalink
(A) have designated an individual to sign U-visa certifications;CommentsClose CommentsPermalink
(B) have U-visa certification policies or protocols; andCommentsClose CommentsPermalink
(C) have received training in--CommentsClose CommentsPermalink
(i) U-visa certification; andCommentsClose CommentsPermalink
(ii) T-visa endorsement.CommentsClose CommentsPermalink
(d) Report- Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report setting forth the results of the study conducted under subsection (b).CommentsClose CommentsPermalink
(e) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 802. DATA COLLECTION AND REPORTING.
(a) Annual Report to Congress- Not later than December 1, 2012, and annually thereafter, the Secretary shall submit a report to the Senate Committee on the Judiciary and the House Committee on the Judiciary a report stating--CommentsClose CommentsPermalink
(1) the number of persons (primary applicants and derivative beneficiaries, total and by State) who have applied for, been granted, or been denied a visa or a petition, adjustment of status, work authorization, parole, naturalization or otherwise provided status under paragraphs (15)(T)(i), (15)(U)(i), (27)(J), and (51) of section 101(a) of the Immigration and Nationality Act (
(2) the number of requests for further evidence issued for each case type described in subparagraph (1) during the preceding fiscal year;CommentsClose CommentsPermalink
(3) the mean and median time in which it takes to adjudicate applications for relief, and adjustments of status submitted under subparagraph (T)(i) or (U)(i), of section 101(a)(15), section 101(a)(27)(J), section 101(a)(51), and section 106 of the Immigration and Nationality Act (
(4) the mean and median time between the receipt of applications for visas submitted under subparagraph (T) or (U) of section 101(a)(15), section 101(a)(27)(J), or section 101(a)(51) of the Immigration and Nationality Act (
(5) the number of victims granted continued presence in the United States under section 107(c)(3) of the Trafficking Victims Protection Act of 2000 during the preceding fiscal year; andCommentsClose CommentsPermalink
(6) any efforts being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing of the applications described in subsections (a), (b), (c), and (d) of this section.CommentsClose CommentsPermalink
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