I 

109TH CONGRESS 

1ST SESSION H. R. 3188 

To amend the Immigration and Nationality Act to provide protection for 

immigrant victims of violence. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005 

Ms. SCHAKOWSKY (for herself, Mr. CONYERS, Ms. JACKSON-LEE of Texas, 

Ms. ZOE LOFGREN of California, Mrs. NAPOLITANO, Mr. GUTIERREZ, 

Ms. SOLIS, Mrs. CAPPS, Mr. FILNER, Mr. HONDA, Mr. HINOJOSA, Mr. 

LANTOS, Mr. KIND, Mr. MOORE of Kansas, Ms. ROYBAL-ALLARD, Ms. 

SLAUGHTER, Mrs. MALONEY, Ms. MOORE of Wisconsin, Mr. WAXMAN, 

Mr. BERMAN, Ms. DELAURO, Ms. EDDIE BERNICE JOHNSON of Texas, 

Ms. MCCOLLUM of Minnesota, Ms. LEE, Ms. WATSON, Ms. LINDA T. 

SA ́NCHEZ of California, Ms. BORDALLO, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. BACA, Ms. BALDWIN, Ms. BERKLEY, Mr. BLUMENAUER, Mr. 

BROWN of Ohio, Mr. DAVIS of Illinois, Ms. CARSON, Mrs. CHRISTENSEN, 

Mr. CROWLEY, Ms. DEGETTE, Mr. DOGGETT, Ms. ESHOO, Mr. FARR, 

Mr. FRANK of Massachusetts, Mr. GONZALEZ, Mr. AL GREEN of Texas, 

Mr. GENE GREEN of Texas, Mr. GRIJALVA, Mr. HINCHEY, Mr. JACKSON

of Illinois, Mr. JEFFERSON, Ms. KAPTUR, Mr. KENNEDY of Rhode Island, Mr. KILDEE, Mr. KUCINICH, Mr. MCDERMOTT, Mr. MCGOVERN, 

Ms. MATSUI, Mr. MEEK of Florida, Mr. MEEKS of New York, Mr. 

MORAN of Virginia, Mr. NADLER, Mr. NEAL of Massachusetts, Ms. NORTON, Mr. OBERSTAR, Mr. OWENS, Mr. PALLONE, Mr. PAYNE, Mr. RUSH, 

Ms. LORETTA SANCHEZ of California, Mr. SERRANO, Mr. STARK, Mr. 

STUPAK, Mr. TOWNS, Ms. WASSERMAN SCHULTZ, Mr. WEINER, Mr. 

WEXLER, Ms. WOOLSEY, and Mr. WU) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committees on Ways and Means, Agriculture, 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 concerned 
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A BILL 

To amend the Immigration and Nationality Act to provide 

protection for immigrant victims of violence. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 (a) SHORT TITLE.—This Act may be cited as ‘‘Immi5 grant Victims of Violence Protection Act of 2005’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title. 

TITLE I—IMMIGRATION PROTECTIONS 

Subtitle A—Victims of Crime 

Sec. 101. Conditions applicable to U and T visas. 

Sec. 102. Clarification of basis for relief under hardship waivers for conditional 

permanent residence. 

Sec. 103. Adjustment of status for victims of trafficking. 

Subtitle B—VAWA Petitioners 

Sec. 111. Definition of VAWA petitioner. 

Sec. 112. Self-petitioning for children. 

Sec. 113. Self-petitioning parents. 

Sec. 114. Promoting consistency in VAWA adjudications. 

Sec. 115. Relief for certain victims pending actions on petitions and applications for relief. 

Sec. 116. Access to VAWA protection regardless of manner of entry. 

Sec. 117. Eliminating abusers’ control over applications for adjustments of status. 

Sec. 118. Parole for VAWA petitioners and derivatives. 

Sec. 119. Exemption of victims of domestic violence, sexual assault and trafficking from sanctions for failure to depart voluntarily. 

Sec. 120. Clarification of access to naturalization for victims of domestic violence. 

Sec. 121. Consolidating adjudication of VAWA cases in VAWA unit. 

Sec. 122. Prohibition of adverse determinations of admissibility or deportability 

based on protected information. 

Subtitle C—Miscellaneous Provisions 
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Sec. 131. Removing 2 year custody and residency requirement for battered 

adopted children. 

Sec. 132. Waiver of certain grounds of inadmissibility for VAWA petitioners. 

Sec. 133. Treatment of good moral character. 

Sec. 134. Employment authorization for battered spouses of H–1B visa holders. 

Sec. 135. Grounds for hardship waiver for conditional permanent residence for 

intended spouses. 

Sec. 136. Cancellation of removal. 

Sec. 137. Motions to reopen. 

Sec. 138. Removal proceedings. 

Sec. 139. Conforming relief in suspension of deportation parallel to the relief 

available in VAWA–2000 cancellation for bigamy. 

Sec. 140. Correction of cross-reference to credible evidence provisions. 

Sec. 141. Technical corrections. 

TITLE II—ADDITIONAL PROTECTIONS 

Subtitle A—Ensuring Crime Victim Access to Legal Services 

Sec. 201. Ensuring crime victim access to legal services. 

Subtitle B—Eligibility for Certain Public Benefits of Aliens Suffering from 

Domestic Abuse 

Sec. 211. Eligibility for certain public benefits of aliens suffering from domestic 

abuse. 

Subtitle C—Law Enforcement Training Grants 

Sec. 221. Grants for law enforcement training programs to identify and protect 

victims of trafficking. 

1 (c) REFERENCES TO VAWA–2000.—In this Act, the 

2 term ‘‘VAWA–2000’’ means the Violence Against Women 

3 Act of 2000 (division B of Public Law 106–386). 

4 (d) REGULATIONS.— Not later than 180 days after 

5 the date of the enactment of this Act, the Attorney Gen6 eral, the Secretary of Homeland Security, and Secretary 

7 of State shall promulgate regulations to implement the 

8 provisions contained in the Battered Immigrant Women 

9 Protection Act of 2000 (title V of VAWA–2000) and the 

10 amendments made by (and the provisions of) this Act. 
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1 TITLE I—IMMIGRATION 

2 PROTECTIONS 

3 Subtitle A—Victims of Crime 

4 SEC. 101. CONDITIONS APPLICABLE TO U AND T VISAS. 

5 (a) TREATMENT OF U DERIVATIVES.—Clause (ii) of 

6 section 101(a)(15)(U)(ii) of the Immigration and Nation7 ality Act (8 U.S.C. 1101(a)(15)(U)(ii)), as added by sec8 tion 1513(b) of VAWA–2000, is amended to read as fol9 lows: 

10 ‘‘(ii) the spouse or child of an alien de11 scribed in clause (i), or the parent of such an 

12 alien if the alien is a child, or the unmarried 

13 sibling of such a child if such sibling is under 

14 18 years of age on the date on which such alien 

15 applied for status under such clause, if— 

16 ‘‘(I) the Secretary of Homeland Secu17 rity considers it necessary to avoid extreme 

18 hardship to such alien or such spouse, 

19 child, parent, or sibling; or 

20 ‘‘(II) a government official described 

21 in clause (i)(III) certifies that an investiga22 tion or prosecution described in such 

23 clause would be harmed without the assist24 ance of such spouse, child, parent, or sib25 ling; and’’. 
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1 (b) TREATMENT OF SPOUSE AND CHILDREN OF VIC2 TIMS OF TRAFFICKING.—Clause (ii) of section 

3 101(a)(15)(T) of the Immigration and Nationality Act (8 

4 U.S.C. 1101(a)(15)(T)) is amended to read as follows: 

5 ‘‘(ii) if accompanying, or following to join, 

6 the alien described in clause (i)— 

7 ‘‘(I) in the case of an alien so de8 scribed who is under 21 years of age, the 

9 spouse, children, unmarried siblings under 

10 18 years of age on the date on which such 

11 alien applied for status under such clause, 

12 and parents of such alien; or 

13 ‘‘(II) in the case of an alien described 

14 in clause (i) who is 21 years of age or 

15 older, the spouse and children of such 

16 alien;’’. 

17 (c) DURATION OF U AND T VISAS.— 

18 (1) U VISAS.—Section 214(p) of such Act (8 

19 U.S.C. 1184(p)) is amended by adding at the end 

20 the following new paragraph: 

21 ‘‘(6) DURATION OF STATUS.—The authorized 

22 period of status of an alien as a nonimmigrant 

23 under section 101(a)(15)(U) shall be 4 years, but 

24 shall be extended— 
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1 ‘‘(A) on a year-by-year basis upon certifi2 cation from a Federal, State or local law en3 forcement official, prosecutor, judge, or other 

4 Federal, State or local authority investigating 

5 or prosecuting criminal activity described in 

6 section 101(a)(15)(U)(iii) that the alien’s con7 tinued presence in the United States is required 

8 to assist in the investigation or prosecution of 

9 such criminal activity; and 

10 ‘‘(B) if the alien files an application for ad11 justment of status under section 245(m), until 

12 final adjudication of such application.’’. 

13 (2) T VISAS.—Section 214(o) of such Act (8 

14 U.S.C. 1184(o)), as redesignated by section 8(a)(3) 

15 of the Trafficking Victims Protection Reauthoriza16 tion Act of 2003 (Public Law 108–193), is amended 

17 by adding at the end the following: 

18 ‘‘(7) The authorized period of status of an alien as 

19 a nonimmigrant status under section 101(a)(15)(T) shall 

20 be 4 years, but shall be extended— 

21 ‘‘(A) on a year-by-year basis upon certification 

22 from a Federal, State or local law enforcement offi23 cial, prosecutor, judge, or other Federal, State or 

24 local authority investigating or prosecuting criminal 

25 activity relating to human trafficking that the alien’s 
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1 continued presence in the United States is required 

2 to assist in the investigation or prosecution of such 

3 criminal activity; and 

4 ‘‘(B) if the alien files an application for adjust5 ment of status under section 245(l), until final adju6 dication of such application.’’. 

7 (d) PERMITTING CHANGE OF NONIMMIGRANT STA8 TUS TO U AND T NONIMMIGRANT STATUS.— 

9 (1) IN GENERAL.—Section 248 of such Act (8 

10 U.S.C. 1258) is amended— 

11 (A) by striking ‘‘The Attorney General’’ 

12 and inserting ‘‘(a) The Secretary of Homeland 

13 Security’’; 

14 (B) by inserting ‘‘(subject to subsection 

15 (b))’’ after ‘‘except’’; and 

16 (C) by adding at the end the following new 

17 subsection: 

18 ‘‘(b) The limitation based on inadmissibility under 

19 section 212(a)(9)(B) and the exceptions specified in num20 bered paragraphs of subsection (a) shall not apply to a 

21 change of nonimmigrant classification to that of a non22 immigrant under subparagraph (T) or (U) of section 

23 101(a)(15), other than from such classification under sub24 paragraph (C) or (D) of such section.’’. 
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1 (2) CONFORMING AMENDMENT.—Section 

2 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is 

3 amended by striking ‘‘248(2)’’ and inserting 

4 ‘‘248(a)(2)’’. 

5 (e) U VISA CRIMES.— 

6 (1) IN GENERAL.—Section 101(a)(15)(U) of 

7 such Act (8 U.S.C. 1101(a)(15)(U)) is amended— 

8 (A) in clause (i)(I)— 

9 (i) by inserting ‘‘or injury’’ after 

10 ‘‘physical or mental abuse’’; and 

11 (ii) by inserting ‘‘or witness’’ after 

12 ‘‘victim’’; and 

13 (B) in clause (iii), by inserting ‘‘child 

14 abuse; stalking (including physical or electronic 

15 stalking);’’ after ‘‘unlawful criminal restraint; 

16 false imprisonment;’’. 

17 (2) IMPLEMENTATION.—It is the intent of Con18 gress that certifications should be made under clause 

19 (i)(III) of section 101(a)(15)(U) of the Immigration 

20 and Nationality Act (8 U.S.C. 1101(a)(15)(U)) 

21 where an alien provides information to a law en22 forcement official on criminal activity described in 

23 clause (iii) of such section and is willing to help in 

24 the investigation of such activity, regardless of 

25 whether a prosecution is made in such case or if 
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1 prosecution is made for criminal activity not de2 scribed in such clause. 

3 (f) CERTIFICATION PROCESS FOR VICTIMS OF TRAF4 FICKING.— 

5 (1) VICTIM ASSISTANCE IN INVESTIGATION OR

6 PROSECUTION.—Section 107(b)(1)(E) of the Traf7 ficking Victims Protection Act of 2000 (Division A 

8 of Public Law 106–386; 22 U.S.C. 7105(b)(1)(E)) 

9 is amended— 

10 (A) in clause (i)(I), by striking ‘‘investiga11 tion and prosecution’’ and inserting ‘‘investiga12 tion or prosecution, by the United States or a 

13 State or local government’’; and 

14 (B) in clause (iii)— 

15 (i) by striking ‘‘INVESTIGATION AND

16 PROSECUTION’’ and ‘‘investigation and 

17 prosecution’’ and inserting ‘‘INVESTIGA18 TION OR PROSECUTION’’ and ‘‘investigation 

19 or prosecution’’, respectively; 

20 (ii) in subclause (II), by striking 

21 ‘‘and’’ at the end; 

22 (iii) in subclause (III), by striking the 

23 period and inserting ‘‘; or’’; and 

24 (iv) by adding at the end the following 

25 new subclause: 
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1 ‘‘(IV) responding to and cooper2 ating with requests for evidence and 

3 information.’’. 

4 (2) CLARIFYING ROLES OF ATTORNEY GENERAL

5 AND SECRETARY OF HOMELAND SECURITY.— 

6 (A) Section 107 of the Trafficking Victims 

7 Protection Act of 2000 (Division A of Public 

8 Law 106–386; 22 U.S.C. 7105) is amended— 

9 (i) in subsections (b)(1)(E)(i)(II)(bb), 

10 (b)(1)(E)(ii), (e)(5), and (g), by striking 

11 ‘‘Attorney General’’ and inserting ‘‘Sec12 retary of Homeland Security’’; and 

13 (ii) in subsection (c), by inserting ‘‘, 

14 Secretary of Homeland Security,’’ after 

15 ‘‘Attorney General’’. 

16 (B) Section 101(a)(15)(T) of the Immigra17 tion and Nationality Act (8 U.S.C. 

18 1101(a)(15)(T)) is amended by striking ‘‘Attor19 ney General’’ and inserting ‘‘Secretary of 

20 Homeland Security’’ each place it appears. 

21 (C) Section 212(d)(13) of the Immigration 

22 and Nationality Act (8 U.S.C. 1182(d)(13)) is 

23 amended— 
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1 (i) in subparagraph (A), by striking 

2 ‘‘Attorney General’’ and inserting ‘‘Sec3 retary of Homeland Security’’; 

4 (ii) in subparagraph (B), by striking 

5 ‘‘Attorney General’’ the first place it ap6 pears and inserting ‘‘Secretary of Home7 land Security’’; and 

8 (iii) in subparagraph (B), by striking 

9 ‘‘Attorney General, in the Attorney Gen10 eral’s discretion’’ and inserting ‘‘Secretary, 

11 in the Secretary’s discretion’’. 

12 (D) Section 101(i) of the Immigration and 

13 Nationality Act (8 U.S.C. 1101(i)) is amend14 ed— 

15 (i) in paragraph (1), by striking ‘‘At16 torney General’’ and inserting ‘‘Secretary 

17 of Homeland Security, the Attorney Gen18 eral,’’; and 

19 (ii) in paragraph (2), by striking ‘‘At20 torney General’’ and inserting ‘‘Secretary 

21 of Homeland Security’’. 

22 (E) Section 245(l) of the Immigration and 

23 Nationality Act (8 U.S.C. 1255(l)) is amend24 ed— 
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1 (i) by striking ‘‘Attorney General’’ 

2 and inserting ‘‘Secretary of Homeland Se3 curity’’ the first place it appears in para4 graphs (1) and (2) and in paragraph (4); 

5 (ii) by striking ‘‘Attorney General’’ 

6 and inserting ‘‘Secretary ’’ the second 

7 place it appears in paragraphs (1) and (2); 

8 and 

9 (iii) in paragraph (2), by striking ‘‘At10 torney General’s’’ and inserting ‘‘Sec11 retary’s’’. 

12 (3) PETITIONING BY STATE AND LOCAL LAW

13 ENFORCEMENT OFFICIALS.—Section 107(c)(3) of 

14 the Trafficking Victims Protection Act of 2000 (Di15 vision A of Public Law 106–386; 22 U.S.C. 

16 7105(c)(3)) is amended by adding at the end the fol17 lowing: ‘‘State or local law enforcement officials may 

18 petition Federal law enforcement officials for the 

19 continued presence for trafficking victims. If such a 

20 petition contains a certification that a trafficking 

21 victim is a victim of a severe form of trafficking, the 

22 presence of the trafficking victim shall be permitted 

23 in accordance with this paragraph.’’. 

24 (g) EFFECTIVE DATES.— 
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1 (1) IN GENERAL.—The amendments made by 

2 subsections (a), (b), (c)(1), (d), and (e) shall take ef3 fect on the date of the enactment of this Act. 

4 (2) TRANSITION FOR DURATION OF T VISAS.— 

5 In the case of an alien who is classified as a non6 immigrant under section 101(a)(15)(T) of the Immi7 gration and Nationality Act (8 U.S.C. 

8 1101(a)(15)(T)) before the the date of implementa9 tion of the amendment made by subsection (c)(2) 

10 and whose period of authorized stay was less than 

11 4 years, the authorized period of status of the alien 

12 as such a nonimmigrant shall be extended to be 4 

13 years and shall be further extended on a year-by14 year basis as provided in section 214(o)(7) of such 

15 Act, as added by such amendment. 

16 (3) CERTIFICATION PROCESS.—(A) The amend17 ments made by subsection (f)(1) shall be effective as 

18 if included in the enactment of VAWA–2000. 

19 (B) The amendments made by subsection (f)(2) 

20 shall be effective as of the applicable date of transfer 

21 of authority from the Attorney General to the Sec22 retary of Homeland Security under the Homeland 

23 Security Act of 2002 (Public Law 107–296). 

24 (C) The amendment made by subsection (f)(3) 

25 shall be effective as if included in the enactment of 
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1 the Trafficking Victims Protection Reauthorization 

2 Act of 2003 (Public Law 108–193). 

3 SEC. 102. CLARIFICATION OF BASIS FOR RELIEF UNDER 

4 HARDSHIP WAIVERS FOR CONDITIONAL PER5 MANENT RESIDENCE. 

6 (a) IN GENERAL.—Section 216(c)(4) of the Immigra7 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend8 ed by adding at the end the following: ‘‘An application 

9 for relief under this paragraph may be based on one or 

10 more grounds specified in subparagraphs (A) through (D) 

11 and may be amended at any time to change the ground 

12 or grounds for such relief without the application being 

13 resubmitted.’’. 

14 (b) CONFORMING AMENDMENT.—Section 

15 237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) 

16 is amended by inserting before the period at the end the 

17 following: ‘‘or qualifies for a waiver under section 

18 216(c)(4)’’. 

19 (c) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall apply to applications for relief pending 

21 or filed on or after April 10, 2003 . 
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1 SEC. 103. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF2 FICKING. 

3 Section 245(l)(1)(A) of the Immigration and Nation4 ality Act (8 U.S.C. 1255(l)(1)(A)) is amended by striking 

5 ‘‘for a continuous period of at least 3 years’’. 

6 Subtitle B—VAWA Petitioners 

7 SEC. 111. DEFINITION OF VAWA PETITIONER. 

8 (a) IN GENERAL.—Section 101(a) of the Immigra9 tion and Nationality Act (8 U.S.C. 1101(a)) is amended 

10 by adding at the end the following new paragraph: 

11 ‘‘(51) The term ‘VAWA petitioner’ means an alien 

12 whose application or petition for classification or relief 

13 under any of the following provisions (whether as a prin14 cipal or as a derivative) has been filed and has not been 

15 denied after exhaustion of administrative appeals: 

16 ‘‘(A) Clause (iii), (iv), or (vii) of section 

17 204(a)(1)(A). 

18 ‘‘(B) Clause (ii) or (iii) of section 204(a)(1)(B). 

19 ‘‘(C) The first section of Public Law 89–732 

20 (commonly known as the Cuban Adjustment Act) as 

21 a child or spouse who has been battered or subjected 

22 to extreme cruelty. 

23 ‘‘(D) Section 902(d)(1)(B) of the Haitian Ref24 ugee Immigration Fairness Act of 1998 (division A 

25 of section 101(h) of Public Law 105–277). 
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1 ‘‘(E) Section 202(d)(1) of the Nicaraguan Ad2 justment and Central American Relief Act (8 U.S.C. 

3 1255 note; Public Law 105–100). 

4 ‘‘(F) Section 309(c)(5) of the Illegal Immigra5 tion Reform and Immigrant Responsibility Act of 

6 1996 (division C of Public Law 104–208; 8 U.S.C. 

7 1101 note).’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) Section 212(a)(6)(A)(ii)(I) of such Act (8 

10 U.S.C. 1182(a)(6)(A)(ii)(I)) is amended by striking 

11 ‘‘qualifies for immigrant status under subparagraph 

12 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 

13 204(a)(1)’’ and inserting ‘‘is a VAWA petitioner’’. 

14 (2) Section 212(a)(9)(C)(ii) of such Act (8 

15 U.S.C. 1182(a)(9)(C)(ii)) is amended by striking ‘‘to 

16 whom the Attorney General has granted classifica17 tion under clause (iii), (iv), or (v) of section 

18 204(a)(1)(A), or classification under clause (ii), (iii), 

19 or (iv) of section 204(a)(1)(B)’’ and inserting ‘‘is a 

20 VAWA petitioner’’. 

21 (3) Subsections (h)(1)(C) and (g)(1)(C) of sec22 tion 212 (8 U.S.C. 1182) is amended by striking 

23 ‘‘qualifies for classification under clause (iii) or (iv) 

24 of section 204(a)(1)(A) or classification under clause 
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1 (ii) or (iii) of section 204(a)(1)(B)’’ and inserting 

2 ‘‘is a VAWA petitioner’’. 

3 (4) Section 212(i)(1) of such Act (8 U.S.C. 

4 1182(i)(1)) is amended by striking ‘‘an alien granted 

5 classification under clause (iii) or (iv) of section 

6 201(a)(1)(A) or clause (ii) or (iii) of section 

7 204(a)(1)(B)’’ and inserting ‘‘a VAWA petitioner’’. 

8 (5) Section 237(a)(1)(H)(ii) of such Act (8 

9 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking ‘‘is 

10 an alien who qualifies for classification under clause 

11 (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or 

12 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘is a 

13 VAWA petitioner’’. 

14 (6) Section 240A(b)(4)(B) of such Act (8 

15 U.S.C. 1229b(b)(4)(B)) is amended by striking 

16 ‘‘they were applications filed under section 204(a)(1) 

17 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of such Act’’ and 

18 inserting ‘‘the applicants were VAWA petitioners’’. 

19 (7) Section 245(a) of such Act (8 U.S.C. 

20 1255(a)) is amended by striking ‘‘under subpara21 graph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 

22 204(a)(1) or’’ and inserting ‘‘as a VAWA peti23 tioner’’. 

24 (8) Section 245(c) of such Act (8 U.S.C. 

25 1255(c)) is amended by striking ‘‘under subpara-
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1 graph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), 

2 (B)(iii), or (B)(iv) of section 204(a)(1)’’ and insert3 ing ‘‘as a VAWA petitioner’’. 

4 (9) For additional conforming amendments to 

5 sections 212(a)(4)(C)(i) and 240(c)(6)(C)(iv)(I) of 

6 the Immigration and Nationality Act, see sections 

7 832(c) and 817(a) of this Act. 

8 SEC. 112. SELF-PETITIONING FOR CHILDREN. 

9 (a) SELF-PETITIONING BY CHILDREN OF PARENT10 ABUSERS UPON DEATH OR OTHER TERMINATION OF

11 PARENT-CHILD RELATIONSHIP.— 

12 (1) CITIZEN PARENTS.—Section 

13 204(a)(1)(A)(iv) of the Immigration and Nationality 

14 Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended— 

15 (A) by striking ‘‘or who’’ and inserting 

16 ‘‘who’’; and 

17 (B) by inserting after ‘‘domestic violence,’’ 

18 the following: ‘‘or who was a child of a United 

19 States citizen parent who within the past 2 

20 years (or, if later, two years after the date the 

21 child attains 18 years of age) died or otherwise 

22 terminated the parent-child relationship,’’. 

23 (2) LAWFUL PERMANENT RESIDENT PAR24 ENTS.— 
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1 (A) IN GENERAL.—Section 

2 204(a)(1)(B)(iii) of such Act (8 U.S.C. 

3 1154(a)(1)(B)(iii)) is amended— 

4 (i) by striking ‘‘or who’’ and inserting 

5 ‘‘who’’; and 

6 (ii) by inserting after ‘‘domestic vio7 lence,’’ the following: ‘‘or who was a child 

8 of a lawful permanent resident resident 

9 who within the past 2 years (or, if later, 

10 two years after the date the child attains 

11 18 years of age) died or otherwise termi12 nated the parent-child relationship,’’. 

13 (B) CONFORMING TREATMENT OF DE14 CEASED SPOUSES.—Section 

15 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 

16 U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is 

17 amended— 

18 (i) by redesignating subitems (aaa) 

19 and (bbb) as subitems (bbb) and (ccc), re20 spectively; and 

21 (ii) by inserting before subitem (bbb), 

22 as so redesignated, the following: 

23 ‘‘(aaa) whose spouse died within the past 

24 2 years;’’. 

25 (3) EFFECTIVE DATES.— 
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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the amendment made by paragraphs 

3 (1) and (2) shall take effect on the date of the 

4 enactment of this Act. 

5 (B) TRANSITION IN CASE OF CITIZEN PAR6 ENTS WHO DIED BEFORE ENACTMENT.—In ap7 plying the amendments made by paragraphs (1) 

8 and (2)(A) in the case of an alien whose citizen 

9 parent or lawful permanent resident parent died 

10 or whose parent-child relationship with such 

11 parent terminated during the period beginning 

12 on October 28, 1998, and ending on the date 

13 of the enactment of this Act, the following rules 

14 apply: 

15 (i) The reference to ‘‘within the past 

16 2 years’’ in section 204(a)(1)(A)(iv) or 

17 204(a)(1)(B)(iii), respectively, of the Im18 migration and Nationality Act in the mat19 ter inserted by such paragraph is deemed 

20 to be a reference to such period. 

21 (ii) The petition must be filed under 

22 such section within 2 years after the date 

23 of the enactment of this Act (or, if later, 

24 2 years after the alien’s 18th birthday). 
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1 (iii) The determination of eligibility 

2 for benefits as a child under such section 

3 (including under section 204(a)(1)(D) of 

4 the Immigration and Nationality Act by 

5 reason of a petition authorized under such 

6 section) shall be determined as of the date 

7 of the death of the citizen parent or lawful 

8 permanent resident parent or the termi9 nation of the parent-child relationship. 

10 (b) PROTECTING VICTIMS OF CHILD ABUSE FROM

11 AGING OUT.— 

12 (1) CLARIFICATION REGARDING CONTINUATION

13 OF IMMEDIATE RELATIVE STATUS FOR CHILDREN OF

14 CITIZENS.—Section 204(a)(1)(D)(i)(I) of the Immi15 gration and Nationality Act (8 U.S.C. 

16 1154(a)(1)(D)(i)(I)) is amended— 

17 (A) by striking ‘‘clause (iv) of section 

18 204(a)(1)(A)’’ and inserting ‘‘subparagraph 

19 (A)(iv)’’; and 

20 (B) by striking ‘‘a petitioner for preference 

21 status under paragraph (1), (2), or (3) of sec22 tion 203(a), whichever paragraph is applicable’’ 

23 and inserting ‘‘to continue to be treated as an 

24 immediate relative under section 

25 201(b)(2)(A)(i), or a petitioner for preference 
22 

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1 status under section 203(a)(3) if subsequently 

2 married,’’. 

3 (2) CLARIFICATION REGARDING APPLICATION

4 TO CHILDREN OF LAWFUL PERMANENT RESI5 DENTS.—Section 204(a)(1)(D) of such Act (8 

6 U.S.C. 1154(a)(1)(D)) is amended—— 

7 (A) in clause (i)(I)— 

8 (i) by inserting after the first sentence 

9 the following new sentence: ‘‘Any child who 

10 attains 21 years of age who has filed a pe11 tition under subparagraph (B)(iii) that was 

12 filed or approved before the date on which 

13 the child attained 21 year of age shall be 

14 considered (if the child has not been ad15 mitted or approved for lawful permanent 

16 residence by the date the child attained 21 

17 years of age) a petitioner for preference 

18 status under section 203(a)(2)(A), with the 

19 same priority date assigned to the self-peti20 tion filed under such subparagraph.’’; and 

21 (ii) in the last sentence, by inserting 

22 ‘‘in either such case’’ after ‘‘shall be re23 quired to be filed’’; 
23 

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1 (B) in clause (i)(III), by striking ‘‘para2 graph (1), (2), or (3) of section 203(a)’’ and in3 serting ‘‘section 203(a)(2)(A)’’; and 

4 (C) in clause (ii), by striking ‘‘(A)(iii), 

5 (A)(iv),’’. 

6 (3) EFFECTIVE DATE.—The amendments made 

7 by this subsection shall apply to applications filed 

8 before, on, or after the date of the enactment of 

9 VAWA–2000. 

10 (c) CLARIFICATION OF NO SEPARATE ADJUSTMENT

11 APPLICATION FOR DERIVATIVE CHILDREN.— 

12 (1) IN GENERAL.—Section 245(a) of the Immi13 gration and Nationality Act (8 U.S.C. 1255(a)) is 

14 amended by adding at the end the following: ‘‘In the 

15 case of a petition under clause (ii), (iii), or (iv) of 

16 section 204(a)(1)(A) that includes an individual as 

17 a derivative child of a principal alien, no adjustment 

18 application other than the adjustment application of 

19 the principal alien shall be required for adjustment 

20 of status of the individual under this subsection or 

21 subsection (c).’’. 

22 (2) EFFECTIVE DATE.—The amendment made 

23 by paragraph (1) shall take effect on the date of the 

24 enactment of this Act and shall apply to applications 

25 filed before, on, or after such date. 
24 

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1 (d) LATE PETITION PERMITTED FOR ADULTS

2 ABUSED AS CHILDREN.— 

3 (1) IN GENERAL.—Section 204(a)(1)(D) of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1154(a)(1)(D)), as amended by subsection (b)(1), is 

6 amended by adding at the end the following new 

7 clause: 

8 ‘‘(v) In the case of an alien who qualified to petition 

9 under subparagraph (A)(iv) or (B)(iii) as of the date the 

10 individual attained 21 years of age, the alien may file a 

11 petition under such respective subparagraph notwith12 standing that the alien has attained such age or been mar13 ried so long as the petition is filed before the date the 

14 individual attains 30 years of age. In the case of such a 

15 petition, the alien shall remain eligible for adjustment of 

16 status as a child notwithstanding that the alien has at17 tained 21 years of age or has married, or both.’’. 

18 (2) EFFECTIVE DATE.—The amendment made 

19 by paragraph (1) shall take effect on the date of the 

20 enactment of this Act and shall apply to individuals 

21 who attain 21 years of age on or after the date of 

22 the enactment of VAWA–2000. 
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1 SEC. 113. SELF-PETITIONING PARENTS. 

2 (a) IN GENERAL.—Section 204(a)(1)(A) of the Im3 migration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) 

4 is amended by adding at the end the following new clause: 

5 ‘‘(vii) An alien who— 

6 ‘‘(I) is the parent of a citizen of the United 

7 States or was a parent of a citizen of the United 

8 States who within the past 2 years lost or renounced 

9 citizenship status related to battering or extreme 

10 cruelty by the United States citizen son or daughter 

11 or who within the past two years died; 

12 ‘‘(II) is a person of good moral character; 

13 ‘‘(III) is eligible to be classified as an imme14 diate relative under section 201(b)(2)(A)(i); and 

15 ‘‘(IV) resides, or has resided in the past, with 

16 the citizen daughter or son; 

17 may file a petition with the Secretary of Homeland Secu18 rity under this subparagraph for classification of the alien 

19 under such section if the alien demonstrates that the alien 

20 has been battered by or has been the subject of extreme 

21 cruelty perpetrated by the alien’s citizen son or daugh22 ter.’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 subsection (a) shall take effect on the date of the enact25 ment of this Act. 
26 

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1 SEC. 114. PROMOTING CONSISTENCY IN VAWA ADJUDICA2 TIONS. 

3 (a) IN GENERAL.—Section 204(a)(1) of the Immi4 gration and Nationality Act (8 U.S.C. 1154(a)(1)) is 

5 amended— 

6 (1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), 

7 by striking ‘‘an incident of domestic violence’’ and 

8 inserting ‘‘battering or extreme cruelty by the 

9 United States citizen spouse’’; 

10 (2) in subparagraph (A)(iv), by striking ‘‘an in11 cident of domestic violence’’ and inserting ‘‘battering 

12 or extreme cruelty by such parent’’; 

13 (3) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), 

14 by striking ‘‘due to an incident of domestic violence’’ 

15 and inserting ‘‘related to battering or extreme cru16 elty by the lawful permanent resident spouse’’; and 

17 (4) in subparagraph (B)(iii), by striking ‘‘due 

18 to an incident of domestic violence’’ and inserting 

19 ‘‘related to battering or extreme cruelty by such par20 ent’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall take effect as if included in the enact23 ment of VAWA–2000. 
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1 SEC. 115. RELIEF FOR CERTAIN VICTIMS PENDING AC2 TIONS ON PETITIONS AND APPLICATIONS 

3 FOR RELIEF. 

4 (a) VAWA PETITIONERS AND APPLICANTS FOR U 

5 AND T NONIMMIGRANT CLASSIFICATION.— 

6 (1) IN GENERAL.— Section 204(a)(1) of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1154(a)(1)) is amended by adding at the end the 

9 following new subparagraph: 

10 ‘‘(K)(i) In the case of an alien in the United States 

11 for whom a petition as a VAWA petitioner has been 

12 filed— 

13 ‘‘(I) if the petition sets forth a prima facie case 

14 for approval, the alien shall not be removed, de15 tained, or deported, and such a petition shall be 

16 processed without regard to whether a proceeding to 

17 remove or deport such alien is brought or pending; 

18 and 

19 ‘‘(II) if the petition is approved, the alien is eli20 gible for work authorization and shall be provided an 

21 ‘employment authorized’ endorsement or other ap22 propriate work permit incidental to such approval. 

23 ‘‘(ii) In the case of an alien in the United States for 

24 whom an application for nonimmigrant status (whether as 

25 a principal or derivative child) under subparagraph (T) 

26 of section 101(a)(15) has been filed— 
28 

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1 ‘‘(I) if there is a bona fide determination that 

2 the application is approvable or the application is 

3 approved, the alien shall not be removed, detained, 

4 or deported; and 

5 ‘‘(II) if the application is approved, the alien is 

6 eligible for work authorization and shall be provided 

7 an ‘employment authorized’ endorsement or other 

8 appropriate work permit incidental to such approval. 

9 ‘‘(iii) In the case of an alien in the United States 

10 for whom an application for nonimmigrant status (wheth11 er as a principal or derivative child) under subparagraph 

12 (U) of section 101(a)(15) has been filed, if interim relief 

13 is granted on the application or the application is ap14 proved— 

15 ‘‘(I) the alien shall not be removed, detained, or 

16 deported; and 

17 ‘‘(II) the alien is eligible for work authorization 

18 and shall be provided an ‘employment authorized’ 

19 endorsement or other appropriate work permit inci20 dental to such relief or approval.’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by paragraph (1) shall take effect on the date of the 

23 enactment of this Act and shall apply to petitions 

24 and applications filed before, on, or after such date. 
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1 (b) APPLICANTS FOR CANCELLATION OF REMOVAL

2 OR SUSPENSION OF DEPORTATION.— 

3 (1) IN GENERAL.—Section 240A(b)(2) of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1229b(b)(2)) is amended by adding at the end the 

6 following new subparagraph: : 

7 ‘‘(E) RELIEF WHILE APPLICATION PEND8 ING.—In the case of an alien who has applied 

9 for relief under this paragraph and whose appli10 cation sets forth a prima facie case for such re11 lief or who has filed an application for relief 

12 under section 244(a)(3) (as in effect on March 

13 31, 1997) that sets forth a prima facie case for 

14 such relief— 

15 ‘‘(i) the alien shall not be removed, 

16 detained, or deported unless the applica17 tion is denied and all opportunities for ap18 peal of the denial have been exhausted; 

19 and 

20 ‘‘(ii) such an application shall be proc21 essed without regard to whether a pro22 ceeding to remove or deport such alien is 

23 brought or pending.’’. 

24 (2) EFFECTIVE DATE.—The amendment made 

25 by paragraph (1) shall take effect on the date of the 
30 

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1 enactment of this Act and shall apply to applications 

2 filed before, on, or after such date. 

3 SEC. 116. ACCESS TO VAWA PROTECTION REGARDLESS OF 

4 MANNER OF ENTRY. 

5 (a) FIANCEES.— 

6 (1) IN GENERAL.—Section 214(d) of the Immi7 gration and Nationality Act (8 U.S.C. 1184(d)) is 

8 amended by inserting before the period at the end 

9 the following: ‘‘, unless the alien is not eligible under 

10 section 204(c) to have a petition approved and is eli11 gible for status as a VAWA petitioner, for status as 

12 a nonimmigrant under subparagraph (T) or (U) of 

13 section 101(a)(15)(T), or for relief under section 

14 240A(b)(2) or under section 244(a)(3) (as in effect 

15 on March 31, 1997)’’. 

16 (2) EFFECTIVE DATE.—The amendment made 

17 by paragraph (1) shall take effect on the date of the 

18 enactment of this Act and shall apply to aliens ad19 mitted before, on, or after such date. 

20 (b) SPOUSES WHO ARE CONDITIONAL PERMANENT

21 RESIDENTS.— 

22 (1) IN GENERAL.—Section 245(d) of the Immi23 gration and Nationality Act (8 U.S.C. 1255(d)) is 

24 amended— 

25 (A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 
31 

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1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) Paragraph (1) shall not apply to an alien who 

4 seeks adjustment of status on the basis of an approved 

5 petition for classification as a VAWA petitioner.’’. 

6 (2) CONFORMING CLARIFICATION IN CANCELLA7 TION OF REMOVAL.—Section 240A(b)(2)(A) of such 

8 Act (8 U.S.C. 1229b(b)(2)(A)) is amended, in the 

9 matter before clause (i), by inserting ‘‘, regardless of 

10 whether the alien has been admitted for permanent 

11 residence on a conditional basis under section 216,’’ 

12 before ‘‘if the alien demonstrates’’. 

13 (3) SUSPENSION OF DEPORTATION.—An alien 

14 may qualify for relief under section 244(a)(3) of the 

15 Immigration and Nationality Act (as in effect on 

16 March 31, 1997), regardless of whether the alien 

17 has been admitted for permanent residence on a con18 ditional basis under section 216 of such Act. 

19 (4) EFFECTIVE DATE.—The amendments made 

20 by this subsection, and the provisions of paragraph 

21 (3), shall take effect on the date of the enactment 

22 of this Act and shall apply to applications for adjust23 ment of status, for cancellation of removal, or for 

24 suspension of deportation filed before, on, or after 

25 such date. 
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1 (c) SPOUSES AND CHILDREN OF ASYLUM APPLI2 CANTS UNDER ADJUSTMENT PROVISIONS.— 

3 (1) IN GENERAL.—Section 209(b)(3) of the Im4 migration and Nationality Act (8 U.S.C. 1159(b)(3)) 

5 is amended— 

6 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(B) was the spouse of a refugee within the 

9 meaning of section 101(a)(42)(A) at the time the 

10 asylum application was granted and who was bat11 tered or was the subject of extreme cruelty per12 petrated by such refugee or whose child was battered 

13 or subjected to extreme cruelty by such refugee 

14 (without the active participation of such spouse in 

15 the battery or cruelty), or 

16 ‘‘(C) was the child of a refugee within the 

17 meaning of section 101(a)(42)(A) at the time of the 

18 filing of the asylum application and who was bat19 tered or was the subject of extreme cruelty per20 petrated by such refugee,’’. 

21 (2) EFFECTIVE DATE.—The amendments made 

22 by paragraph (1) shall take effect on the date of the 

23 enactment of this Act and— 

24 (A) section 209(b)(3)(B) of the Immigra25 tion and Nationality Act, as added by para-
33 

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1 graph (1)(B), shall apply to asylum applications 

2 granted before, on, or after such date; and 

3 (B) section 209(b)(3)(C) of such Act, as so 

4 added, shall apply with respect to asylum appli5 cations filed before, on, or after such date. 

6 (d) VISA WAIVER ENTRANTS.— 

7 (1) IN GENERAL.—Section 217(b)(2) of such 

8 Act (8 U.S.C. 1187(b)(2)) is amended by inserting 

9 after ‘‘asylum,’’ the following: ‘‘as a VAWA peti10 tioner, or for relief under subparagraph (T) or (U) 

11 of section 101(a)(15), under section 240A(b)(2), or 

12 under section 244(a)(3) (as in effect on March 31, 

13 1997),’’. 

14 (2) EFFECTIVE DATE.—The amendment made 

15 by paragraph (1) shall take effect on the date of the 

16 enactment of this Act and shall apply to waivers 

17 provided under section 217(b)(2) of the Immigration 

18 and Nationality Act before, on, or after such date as 

19 if it had been included in such waivers. 

20 (e) EXCEPTION FROM FOREIGN RESIDENCE RE21 QUIREMENT FOR EDUCATIONAL VISITORS.— 

22 (1) IN GENERAL.—Section 212(e) of such Act 

23 (8 U.S.C. 1182(e)) is amended, in the matter before 

24 the first proviso, by inserting ‘‘unless the alien is a 

25 VAWA petitioner or a nonimmigrant under subpara-
34 

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1 graph (T) or (U) of section 101(a)(15)’’ after ‘‘fol2 lowing departure from the United States’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall take effect on the date of the 

5 enactment of this Act and shall apply to . 

6 SEC. 117. ELIMINATING ABUSERS’ CONTROL OVER APPLI7 CATIONS FOR ADJUSTMENTS OF STATUS. 

8 (a) APPLICATION OF MOTIONS TO REOPEN FOR ALL

9 VAWA PETITIONERS.—Section 240(c)(7)(C)(iv) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) 

12 of the REAL ID Act of 2005 (Division B of Public Law 

13 109–13), is amended — 

14 (1) in subclause (I), by striking ‘‘under clause 

15 (iii) or (iv) of section 204(a)(1)(A), clause (ii) or 

16 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘as a 

17 VAWA petitioner’’; and 

18 (2) in subclause (II), by inserting ‘‘or adjust19 ment of status’’ after ‘‘cancellation of removal’’. 

20 (b) APPLICATION OF VAWA DEPORTATION PROTEC21 TIONS FOR TRANSITIONAL RELIEF TO ALL VAWA PETI22 TIONERS.—Section 1506(c)(2) of the Violence Against 

23 Women Act of 2000 (8 U.S.C. 1229a note) is amended— 

24 (1) in subparagraph (A)— 
35 

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1 (A) by amending clause (i) to read as fol2 lows: 

3 ‘‘(i) if the basis of the motion is to 

4 apply for relief as a VAWA petitioner (as 

5 defined in section 101(a)(51) of the Immi6 gration and Nationality Act (8 U.S.C. 

7 1101(a)(51)) or under section 244(a)(3) of 

8 such Act (8 U.S.C. 1254(a)(3)); and’’; and 

9 (B) in clause (ii), by inserting ‘‘or adjust10 ment of status’’ after ‘‘suspension of deporta11 tion’’; and 

12 (2) in subparagraph (B)(ii), by striking ‘‘for re13 lief’’ and all that follows through ‘‘1101 note))’’ and 

14 inserting ‘‘for relief described in subparagraph 

15 (A)(i)’’. 

16 (c) APPLICATION OF VAWA-RELATED RELIEF

17 UNDER SECTION 202 OF NACARA.— 

18 (1) IN GENERAL.—Section 202(d)(1) of the 

19 Nicaraguan Adjustment and Central American Re20 lief Act (8 U.S.C. 1255 note; Public Law 105–100) 

21 is amended— 

22 (A) in subparagraph (B)(ii), by inserting 

23 ‘‘, or was eligible for adjustment,’’ after ‘‘whose 

24 status is adjusted’’; and 
36 

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1 (B) in subparagraph (E), by inserting 

2 after ‘‘April 1, 2000’’ the following: ‘‘, or, in 

3 the case of an alien who qualifies under sub4 paragraph (B)(ii), applies for such adjustment 

5 during the 18-month period beginning on the 

6 date of enactment of the Violence Against 

7 Women Act of 2005’’ . 

8 (2) TECHNICAL AMENDMENT.—Section 

9 202(d)(3) of such Act (8 U.S.C. 1255 note; Public 

10 Law 105–100) is amended by striking 

11 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

12 (3) EFFECTIVE DATE.—The amendment made 

13 by paragraph (2) shall take effect as if included in 

14 the enactment of VAWA–2000. 

15 (d) PETITIONING RIGHTS OF CERTAIN FORMER

16 SPOUSES UNDER CUBAN ADJUSTMENT.— 

17 (1) IN GENERAL.—The first section of Public 

18 Law 89–732 (8 U.S.C. 1255 note) is amended— 

19 (A) in the last sentence, by striking 

20 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; 

21 and 

22 (B) by adding at the end the following: 

23 ‘‘An alien who was the spouse of any Cuban 

24 alien described in this section and has resided 

25 with such spouse shall continue to be treated as 
37 

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1 such a spouse for 2 years after the date on 

2 which the Cuban alien dies (or, if later, 2 years 

3 after the date of enactment of Violence Against 

4 Women Act of 2005), or for 2 years after the 

5 date of termination of the marriage (or, if later, 

6 2 years after the date of enactment of Violence 

7 Against Women Act of 2005) if the alien dem8 onstrates a connection between the termination 

9 of the marriage and the battering or extreme 

10 cruelty by the Cuban alien.’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

12 by paragraph (1)(A) shall take effect as if included 

13 in the enactment of VAWA–2000. 

14 (e) SELF-PETITIONING RIGHTS OF HRIFA APPLI15 CANTS.— 

16 (1) IN GENERAL.—Section 902(d)(1)(B) of the 

17 Haitian Refugee Immigration Fairness Act of 1998 

18 (division A of section 101(h) of Public Law 105– 

19 277; 112 Stat. 2681–538; 8 U.S.C. 1255 note), as 

20 amended by section 1511(a) of VAWA–2000, is 

21 amended— 

22 (A) in clause (i), by striking ‘‘whose status 

23 is adjusted to that of an alien lawfully admitted 

24 for permanent residence’’ and inserting ‘‘who is 

25 or was eligible for classification’’; 
38 

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1 (B) in clause (ii), by striking ‘‘whose sta2 tus is adjusted to that of an alien lawfully ad3 mitted for permanent residence’’ and inserting 

4 ‘‘who is or was eligible for classification’’; and 

5 (C) in clause (iii), by striking 

6 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

7 (2) EFFECTIVE DATE.—The amendments made 

8 by paragraph (1)(C) shall take effect as if included 

9 in the enactment of VAWA–2000. 

10 (f) SELF-PETITIONING RIGHTS UNDER SECTION 203 

11 OF NACARA.—Section 309 of the Illegal Immigration 

12 and Reform and Immigrant Responsibility Act of 1996 

13 (division C of Public Law 104–208; 8 U.S.C. 1101 note), 

14 as amended by section 203(a) of the Nicaraguan Adjust15 ment and Central American Relief Act (8 U.S.C. 1255 

16 note; Public Law 105–100), is amended— 

17 (1) in subsection (c)(5)(C)(i)(VII)(aa), as 

18 amended by section 1510(b) of VAWA–2000— 

19 (A) by striking ‘‘or’’ at the end of subitem 

20 (BB); 

21 (B) by striking ‘‘and’’ at the end of 

22 subitem (CC) and inserting ‘‘or’’; and 

23 (C) by adding at the end the following new 

24 subitem: 
39 

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1 ‘‘(DD) at the time at which 

2 the spouse or child files an appli3 cation for suspension of deporta4 tion or cancellation of removal; 

5 and’’; and 

6 (2) in subsection (g)— 

7 (A) by inserting ‘‘(1)’’ before ‘‘Notwith8 standing’’; 

9 (B) by inserting ‘‘subject to paragraph 

10 (2),’’ after ‘‘section 101(a) of the Immigration 

11 and Nationality Act)),’’; and 

12 (C) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) There shall be no limitation on a motion to re15 open removal or deportation proceedings in the case of an 

16 alien who is described in subclause (VI) or (VII) of sub17 section (c)(5)(C)(i). Motions to reopen removal or deporta18 tion proceedings in the case of such an alien shall be han19 dled under the procedures that apply to aliens seeking re20 lief under section 204(a)(1)(A)(iii) of the Immigration and 

21 Nationality Act.’’. 

22 (g) EFFECTIVE DATE.—Except as otherwise provided 

23 in this section, the amendments made by this section shall 

24 take effect on the date of the enactment of this Act. 
40 

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1 SEC. 118. PAROLE FOR VAWA PETITIONERS AND DERIVA2 TIVES. 

3 (a) IN GENERAL.—Section 240A(b)(4) of the Immi4 gration and Nationality Act (8 U.S.C. 1229b(b)(4)) is 

5 amended— 

6 (1) in the heading, by inserting ‘‘BATTERED

7 ALIENS AND’’ before ‘‘CHILDREN OF BATTERED

8 ALIENS’’; 

9 (2) in subparagraph (A)— 

10 (A) by striking ‘‘or’’ at the end of clause 

11 (i); 

12 (B) by striking the period at the end of 

13 clause (ii) and inserting ‘‘; or’’; and 

14 (C) by adding at the end the following new 

15 clause: 

16 ‘‘(iii) a VAWA petitioner.’’; and 

17 (3) in subparagraph (B)— 

18 (A) in the first sentence, by inserting ‘‘on 

19 a year-by-year basis’’ after ‘‘shall extend’’; and 

20 (B) in the first sentence, by inserting ‘‘or, 

21 in the case of subparagraph (A)(iii), from the 

22 date of approval of the applicable petition’’ 

23 after ‘‘1996)’’. 

24 (b) CONFORMING AMENDMENT.—Section 212(d)(5) 

25 of such Act (8 U.S.C. 1182(d)(5)) is amended by adding 

26 at the end the following new subparagraph: 
41 

•HR 3188 IH 

1 ‘‘(C) For provision providing for parole for certain 

2 battered aliens, children or battered aliens, and parents 

3 of battered alien children, see section 240A(b)(4).’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect on the date of the enactment 

6 of this Act. 

7 SEC. 119. EXEMPTION OF VICTIMS OF DOMESTIC VIO8 LENCE, SEXUAL ASSAULT AND TRAFFICKING 

9 FROM SANCTIONS FOR FAILURE TO DEPART 

10 VOLUNTARILY. 

11 (a) IN GENERAL.—Section 240B(d) of the Immigra12 tion and Nationality Act (8 U.S.C. 1229c(d)) is amend13 ed— 

14 (1) by striking ‘‘If’’ and inserting ‘‘(1) Subject 

15 to paragraph (2), if’’; and 

16 (2) by adding at the end the following new 

17 paragraph: 

18 ‘‘(2) The ineligibility for relief under paragraph (1) 

19 shall not apply to an alien who is a VAWA petitioner, who 

20 is seeking status as a nonimmigrant under subparagraph 

21 (T) or (U) of section 101(a)(15), or who is an applicant 

22 for relief under section 240A(b)(2) or under section 

23 244(a)(3) (as in effect on March 31, 1997).’’. 

24 (b) EFFECTIVE DATE.—The amendments made by 

25 subsection (a) shall apply as if included in the enactment 
42 

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1 of the Immigration Reform and Immigrant Responsibility 

2 Act of 1996 (division C of Public Law 104–208) and shall 

3 apply to failures to depart voluntarily occurring before, on, 

4 or after the date of the enactment of this Act. 

5 SEC. 120. CLARIFICATION OF ACCESS TO NATURALIZATION 

6 FOR VICTIMS OF DOMESTIC VIOLENCE. 

7 (a) IN GENERAL.—Section 319(a) of the Immigra8 tion and Nationality Act (8 U.S.C. 1430(a)) is amended 

9 by inserting after ‘‘extreme cruelty by a United States cit10 izen spouse or parent’’ the following: ‘‘, regardless of 

11 whether the lawful permanent resident status was ob12 tained on the basis of such battery or cruelty’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect on the date of the enact15 ment of this Act and shall apply to applications for natu16 ralization filed before, on, or after the date of the enact17 ment of this Act. 

18 SEC. 121. CONSOLIDATING ADJUDICATION OF VAWA CASES 

19 IN VAWA UNIT. 

20 (a) IN GENERAL.—Subtitle F of title IV of the 

21 Homeland Security Act of 2002 (Public Law 107–296) 

22 is amended by adding at the end the following new section: 
43 

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1 ‘‘SEC. 479. CONSOLIDATED ADJUDICATION OF VAWA CASES 

2 IN VAWA UNIT. 

3 ‘‘(a) SOLE JURISDICTION.—The Secretary of Home4 land Security shall designate the VAWA unit as the ad5 ministrative unit within the Department of Homeland Se6 curity with sole jurisdiction over the adjudication of the 

7 following: 

8 ‘‘(1) Applications and petitions of VAWA peti9 tioners described in section 101(a)(51) of the Immi10 gration and Nationality Act (8 U.S.C. 1101(a)(51)). 

11 ‘‘(2) Applications for nonimmigrant status 

12 under subparagraph (T) or (U) of section 

13 101(a)(15) of the Immigration and Nationality Act 

14 (8 U.S.C. 1101(a)(15)). 

15 ‘‘(3) Applications seeking relief under para16 graph (2) or (4) of section 240A(b) of the Immigra17 tion and Nationality Act (8 U.S.C. 122b(b)). 

18 ‘‘(4) Applications for adjustment of status by 

19 VAWA petitioners who are described in subpara20 graph (A) or (B) of section 101(a)(51) of such Act. 

21 ‘‘(5) Applications for employment authorization 

22 under section 214(c)(11). 

23 ‘‘(b) ADDITIONAL JURISDICTION.—The VAWA unit 

24 may have jurisdiction over such other matters as the Sec25 retary may specify. 
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1 ‘‘(c) VAWA UNIT DEFINED.—For purposes of this 

2 section, the term ‘VAWA unit’ means the administrative 

3 unit within the Department of Homeland Security that 

4 has responsibility as of May 1, 2005, for petitions under 

5 subparagraphs (A)(iii), (A)(iv), (B)(ii), and (B)(iii) of sec6 tion 204(a)(1) of the Immigration and Nationality Act 

7 and for applications for nonimmigrant status under sub8 paragraphs (T) and (U) of section 101(a)(15) of such 

9 Act.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 in section 1(b) of such Act is amended by inserting after 

12 the item relating to section 478 the following new item: 

‘‘Sec. 479. Consolidated adjudication of VAWA cases in VAWA unit.’’. 

13 (c) EFFECTIVE DATE.—The amendment made by 

14 paragraph (1) shall apply to applications and petitions 

15 filed on or after the date that is 180 days after the date 

16 of the enactment of this Act and, to the extent feasible, 

17 to applications and petitions filed before such date. 

18 SEC. 122. PROHIBITION OF ADVERSE DETERMINATIONS OF 

19 ADMISSIBILITY OR DEPORTABILITY BASED 

20 ON PROTECTED INFORMATION. 

21 (a) APPLICATION TO ADDITIONAL DEPARTMENTS

22 AND OTHER BATTERED ALIENS.—Section 384 of the Ille23 gal Immigration Reform and Immigrant Responsibility 

24 Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 

25 1367) is amended— 
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1 (1) in subsection (a), as amended by section 

2 1513(d) of VAWA–2000— 

3 (A) in the matter before paragraph (1), by 

4 striking ‘‘(including any bureau or agency of 

5 such Department)’’ and inserting ‘‘, or the Sec6 retary of Homeland Security, the Secretary of 

7 State, the Secretary of Health and Human 

8 Services, or the Secretary of Labor or any other 

9 official or employee of the Department of 

10 Homeland Security, the Department of State, 

11 the Department of Health and Human Services, 

12 or the Department of Labor (including any bu13 reau or agency of any such Department)’’; 

14 (B) in paragraph (1)— 

15 (i) in the matter before subparagraph 

16 (A), by striking ‘‘furnished solely by’’ and 

17 inserting ‘‘furnished by or derived from in18 formation provided solely by’’; 

19 (ii) by striking ‘‘or’’ at the end of sub20 paragraph (D); 

21 (iii) by adding ‘‘or’’ at the end of sub22 paragraph (E); 

23 (iv) by inserting after subparagraph 

24 (E) the following new subparagraph: 
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1 ‘‘(F) in the case of an alien applying for 

2 continued presence as a victim of trafficking 

3 under section 107(b)(1)(E)(i)(II)(bb) of the 

4 Trafficking Protection Act of 2000 or status 

5 under section 101(a)(15)(T) of the Immigration 

6 and Nationality Act, the trafficker or perpe7 trator,’’; and 

8 (v) by striking ‘‘or’’ at the end; 

9 (C) in paragraph (2)— 

10 (i) by striking ‘‘of the Department,’’ 

11 and inserting ‘‘of any such Department,’’; 

12 (ii) by striking ‘‘under clause (iii) or 

13 (iv) of section 204(a)(1)(A), clause (ii) or 

14 (iii) of section 204(a)(1)(B)’’ and inserting 

15 ‘‘as a VAWA petitioner (as defined in sec16 tion 101(a)(51) of the Immigration and 

17 Nationality Act), or under’’; 

18 (iii) by striking ‘‘or section 

19 240A(a)(3) of such Act as an alien (or the 

20 part of a child) who has been battered or 

21 subjected to extreme cruelty.’’ and insert22 ing the following: ‘‘, section 101(a)(15)(T), 

23 or section 240A(b)(2) of such Act, or sec24 tion 244(a)(3) of such Act (as in effect on 

25 March 31, 1997), or for continued pres-
47 

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1 ence as a victim of trafficking under sec2 tion 107(b)(1)(E)(i)(II)(bb) of the Traf3 ficking Protection Act of 2000, or any de4 rivative of the alien;’’; and 

5 (iv) by striking the period at the end 

6 and inserting a semicolon; and 

7 (D) by inserting after paragraph (2) the 

8 following: 

9 ‘‘(3) undertake any part of an enforcement ac10 tion— 

11 ‘‘(A) at a domestic violence shelter, a vic12 tims services organization or program (as de13 scribed in section 2003(8) of the Omnibus 

14 Crime Control and Safe Streets Act of 1968), 

15 a rape crisis center, a family justice center, or 

16 a supervised visitation center; or 

17 ‘‘(B) against an alien at a courthouse (or 

18 in connection with the appearance of the alien 

19 at a courthouse) if the alien is appearing in 

20 connection with a protection order case, child 

21 custody case, or other civil or criminal case re22 lating to domestic violence, sexual assault, traf23 ficking, or stalking in which the alien has been 

24 battered or subject to extreme cruelty or if the 

25 alien is described in subparagraph (T) or (U) of 
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1 section 101(a)(15) of the Immigration and Na2 tionality Act; or 

3 ‘‘(4) in the case of an alien described in section 

4 101(a)(27)(J) of the Immigration and Nationality 

5 Act who has been abused, neglected, or abandoned, 

6 contact the alleged abuser (or family member of the 

7 alleged abuser) at any stage of applying for special 

8 immigrant juvenile status, including after a request 

9 for the consent of the Secretary of Homeland Secu10 rity under clause (iii)(I) of such section.’’; and 

11 (2) in subsection (b)— 

12 (A) in paragraphs (1), by striking ‘‘may 

13 provide, in the Attorney General’s discretion’’ 

14 and inserting ‘‘, Secretary of Homeland Secu15 rity, Secretary of State, Secretary of Health 

16 and Human Services, and Secretary of Labor 

17 may provide’’; 

18 (B) in paragraph (2), by striking ‘‘may 

19 provide in the discretion of the Attorney Gen20 eral’’ and inserting ‘‘, Secretary of Homeland 

21 Security, Secretary of State, Secretary of 

22 Health and Human Services, and the Secretary 

23 of Labor may provide’’; and 

24 (C) in paragraph (5), by striking ‘‘is au25 thorized to disclose’’ and inserting ‘‘, Secretary 
49 

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1 of Homeland Security, Secretary of State, Sec2 retary of Health and Human Services, and Sec3 retary of Labor, or Attorney General may dis4 close’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 subsection (a) shall take effect on the date of the enact7 ment of this Act and shall apply to violations or disclo8 sures made on or after such date. 

9 Subtitle C—Miscellaneous 

10 Provisions 

11 SEC. 131. REMOVING 2 YEAR CUSTODY AND RESIDENCY RE12 QUIREMENT FOR BATTERED ADOPTED CHIL13 DREN. 

14 (a) IN GENERAL.—Section 101(b)(1)(E)(i) of the 

15 Immigration and Nationality Act (8 U.S.C. 

16 1101(b)(1)(E)(i)) is amended by inserting after ‘‘at least 

17 two years’’ the following: ‘‘or if the child has been battered 

18 or subject to extreme cruelty by the adopting parent or 

19 by a family member of the adopting parent residing in 

20 the same household’’. 

21 (b) CONFORMING NATURALIZATION AMENDMENT.— 

22 Section 320(a)(3) of such Act (8 U.S.C. 1431(a)(3)) is 

23 amended by inserting before the period at the end the fol24 lowing: ‘‘or the child is residing in the United States pur25 suant to a lawful admission for permanent residence and 
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1 has been battered or subject to extreme cruelty by the cit2 izen parent or by a family member of the citizen parent 

3 residing in the same household ’’ 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect on the date of the enactment 

6 of this Act and shall apply to applications pending or filed 

7 on or after such date. 

8 SEC. 132. WAIVER OF CERTAIN GROUNDS OF INADMIS9 SIBILITY FOR VAWA PETITIONERS. 

10 (a) WAIVER OF UNLAWFUL PRESENCE.—Paragraph 

11 (9)(B)(iii)(IV) of section 212(a) of the Immigration and 

12 Nationality Act (8 U.S.C. 1182(a)) is amended by striking 

13 ‘‘who would be described in paragraph (6)(A)(ii)’’ and all 

14 that follows and by inserting ‘‘who demonstrates that the 

15 alien is described in subclauses (I) and (II) of paragraph 

16 (6)(A)(ii).’’. 

17 (b) WAIVER OF FALSE CLAIM OF U.S. CITIZEN18 SHIP.— 

19 (1) IN GENERAL.—Section 212(i)(1) of such 

20 Act (8 U.S.C. 1182(i)(1)) is amended by inserting 

21 ‘‘(and, in the case of a VAWA petitioner who dem22 onstrates a connection between the false claim of 

23 United States citizenship and the petitioner being 

24 subjected to extreme cruelty or physical or mental 

25 abuse, clause (ii))’’ after ‘‘clause (i)’’. 
51 

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1 (2) CONFORMING REFERENCE.—Section 

2 212(a)(6)(C)(iii) of such Act (8 U.S.C. 

3 1182(a)(6)(C)(iii)) is amended by striking ‘‘clause 

4 (i)’’and inserting ‘‘clauses (i) and (ii)’’. 

5 (c) EXEMPTION FROM PUBLIC CHARGE GROUND.— 

6 (1) IN GENERAL.—Section 212(a)(4) of such 

7 Act (8 U.S.C. 1182(a)(4)) is amended by adding at 

8 the end the following new subparagraph: 

9 ‘‘(E) SPECIAL RULE FOR BATTERED

10 ALIENS.—Subparagraphs (A) through (C) shall 

11 not apply to an alien who is a VAWA petitioner 

12 or is a qualified alien described in section 

13 431(c) of the Personal Responsibility and Work 

14 Opportunity Reconciliation Act of 1996.’’. 

15 (2) CONFORMING AMENDMENT.—Section 

16 212(a)(4)(C)(i) of such Act (8 U.S.C. 

17 1182(a)(4)(C)(i)) is amended to read as follows: 

18 ‘‘(i) the alien is described in subpara19 graph (E); or’’. 

20 (d) EFFECTIVE DATE.—Except as provided in this 

21 section, the amendments made by this section shall take 

22 effect on the date of the enactment of this Act and shall 

23 apply regardless of whether the conviction was entered, 

24 crime, or disqualifying event occurred before, on, or after 

25 such date. 
52 

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1 SEC. 133. TREATMENT OF GOOD MORAL CHARACTER. 

2 (a) IN GENERAL.—Section 101(a)(43) of the Immi3 gration and Nationality Act (8 U.S.C. 1101(a)(43)) is 

4 amended—— 

5 (1) in subparagraphs (F) and (G), by striking 

6 ‘‘at least one year’’ and inserting ‘‘is more than one 

7 year’’; 

8 (2) in subparagraph (J), by striking ‘‘one year 

9 imprisonment or more’’ by inserting ‘‘imprisonment 

10 of more than one year’’; 

11 (3) in subparagraph (P), by striking ‘‘at least 

12 12 months’’ and inserting ‘‘more than one year’’; 

13 and 

14 (4) in subparagraphs (R) and (S), by striking 

15 ‘‘at least one year’’ and inserting ‘‘more than one 

16 year’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 subsection (a) shall take effect on the date of the enact19 ment of this Act and shall apply to all convictions entered 

20 (and criminal acts occurring) before, on, or after the date 

21 of the enactment of this Act. 

22 SEC. 134. EMPLOYMENT AUTHORIZATION FOR BATTERED 

23 SPOUSES OF H–1B VISA HOLDERS. 

24 (a) IN GENERAL.—Section 214(c) of the Immigration 

25 and Nationality Act (8 U.S.C. 1184(c)), as amended by 

26 sections 403(a) and 404(a) of the REAL ID Act of 2005 
53 

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1 (Division B of Public Law 109–13), is amended by adding 

2 at the end the following new paragraph: 

3 ‘‘(15) In the case of an alien spouse admitted under 

4 section 101(a)(15)(H) who is accompanying or following 

5 to join a principal alien admitted under section 

6 101(a)(15)(H)(i)(B), the Secretary of Homeland Security 

7 shall authorize the alien spouse to engage in employment 

8 in the United States and provide the spouse with an ‘em9 ployment authorized’ endorsement or other appropriate 

10 work permit if the alien spouse demonstrates that during 

11 the marriage the alien spouse or a child of the alien spouse 

12 has been battered or has been the subject to extreme cru13 elty perpetrated by the spouse of the alien spouse.’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall take effect on the date of the enact16 ment of this Act and shall apply to aliens who obtained 

17 the status of an alien spouse admitted under section 

18 101(a)(15)(H) of the Immigration and Nationality Act be19 fore, on, or after such date. 

20 SEC. 135. GROUNDS FOR HARDSHIP WAIVER FOR CONDI21 TIONAL PERMANENT RESIDENCE FOR IN22 TENDED SPOUSES. 

23 (a) IN GENERAL.—Section 216(c)(4) of the Immigra24 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend25 ed— 
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1 (1) by striking ‘‘or’’ at the end of subparagraph 

2 (B); 

3 (2) by striking the period at the end of sub4 paragraph (C) and inserting ‘‘, or’’; and 

5 (3) by inserting after subparagraph (C) the fol6 lowing new subparagraph: 

7 ‘‘(D) the alien meets the requirements 

8 under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 

9 following the marriage ceremony has been bat10 tered by or was subject to extreme cruelty per11 petrated by his or her intended spouse and was 

12 not at fault in failing to meet the requirements 

13 of paragraph (1).’’. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 subsection (a) shall apply as if included in the enactment 

16 of VAWA–2000. 

17 SEC. 136. CANCELLATION OF REMOVAL. 

18 (a) CLARIFYING APPLICATION OF DOMESTIC VIO19 LENCE WAIVER AUTHORITY IN CANCELLATION OF RE20 MOVAL.— 

21 (1) IN GENERAL.—Section 240A(b) of the Im22 migration and Nationality Act (8 U.S.C. 1229b(b)) 

23 is amended— 

24 (A) in paragraph (1)(C), by striking ‘‘(ex25 cept in a case described in section 237(a)(7) 
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1 where the Attorney General exercises discretion 

2 to grant a waiver)’’ and inserting ‘‘, subject to 

3 paragraph (5)’’; 

4 (B) in paragraph (2)(A), by amending 

5 clause (iv) to read as follows: 

6 ‘‘(iv) subject to paragraph (5), the 

7 alien is not inadmissible under section 

8 212(a)(2) or removable under section 

9 237(a)(2) or 237(a)(3); and ’’; and 

10 (C) by adding at the end the following new 

11 paragraph: 

12 ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE

13 WAIVER AUTHORITY.—Paragraphs (1)(C) and 

14 (2)(A)(iv) shall not apply with respect to an offense 

15 described in clause (i) or (ii) of section 237(a)(2)(E) 

16 in the case described in section 237(a)(7)(A).’’. 

17 (2) EFFECTIVE DATE.—The amendments made 

18 by paragraph (1) shall apply as if included in the 

19 enactment of section 1504(a) of VAWA–2000. 

20 (b) CLARIFYING NONAPPLICATION OF CANCELLA21 TION CAP.— 

22 (1) IN GENERAL.—Section 240A(e)(3) of the 

23 Immigration and Nationality Act (8 U.S.C. 

24 1229b(e)(3)) is amended by adding at the end the 

25 following new subparagraph: 
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1 ‘‘(C) Aliens with respect to their cancella2 tion of removal under subsection (b)(2).’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall apply to cancellations of re5 moval occurring on or after October 1, 2004. 

6 SEC. 137. MOTIONS TO REOPEN. 

7 (a) REMOVAL PROCEEDINGS.— 

8 (1) IN GENERAL.—Section 240(c)(7) of the Im9 migration and Nationality Act (8 U.S.C. 

10 1230(c)(7)), as redesignated by section 101(d)(1) of 

11 the REAL ID Act of 2005 (Division B of Public 

12 Law 109–13), is amended— 

13 (A) in subparagraph (A), by inserting ‘‘, 

14 except that this limitation shall not apply so as 

15 to prevent the filing of one motion to reopen de16 scribed in clause (iv)’’ before the period at the 

17 end; 

18 (B) in subparagraph (C)(iv), in the matter 

19 before subclause (I), by striking ‘‘The deadline 

20 specified in subsection (b)(5)(C) for filing a mo21 tion to reopen does not apply’’ and inserting 

22 ‘‘Any limitation under this section on the dead23 lines for filing such motions shall not apply’’; 

24 and 
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1 (C) in subparagraph (C)(iv), by adding 

2 after and below subclause (III) the following 

3 new sentence: 

4 ‘‘The filing of a motion to reopen under 

5 this clause shall stay the removal of the 

6 alien pending final disposition of the mo7 tion including exhaustion of all appeals.’’. 

8 (2) EFFECTIVE DATE.—The amendments made 

9 by paragraph (1) shall take effect on the date of the 

10 enactment of this Act. 

11 (b) DEPORTATION PROCEEDINGS.— 

12 (1) IN GENERAL.—Section 1506(c)(2)(A) of 

13 VAWA–2000 is amended— 

14 (A) in the matter before clause (i), by 

15 striking ‘‘Notwithstanding any limitation im16 posed by law on motions’’ inserting ‘‘Notwith17 standing any limitation on the number of mo18 tions, or the deadlines for filing motions (in19 cluding the deadline specified in section 

20 242B(c)(3) of the Immigration and Nationality 

21 Act before the title III–A effective date),’’; 

22 (B) in the matter before clause (i), by 

23 striking ‘‘there is no time limit on the filing of 

24 a motion’’ and all that follows through ‘‘does 

25 not apply’’ and inserting ‘‘such limitations shall 
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1 not apply to the filing of a single motion under 

2 this subparagraph to reopen such proceedings’’; 

3 and 

4 (C) by adding at the end the following: 

5 ‘‘The filing of a motion under this subpara6 graph shall stay the removal of the alien pend7 ing a final disposition of the motion including 

8 the exhaustion of all appeals.’’. 

9 (2) EFFECTIVE DATE.—The amendments made 

10 by paragraph (1) shall take effect on the date of the 

11 enactment of this Act . 

12 SEC. 138. REMOVAL PROCEEDINGS. 

13 (a) EXCEPTION TO REINSTATEMENT OF REMOVAL.— 

14 (1) IN GENERAL.—Section 241(a)(5) of the Im15 migration and Nationality Act (8 U.S.C. 1251(a)(5)) 

16 is amended by adding at the end the following: ‘‘The 

17 provisions of this paragraph shall not apply to an 

18 alien who, before reinstatement of the removal order, 

19 sought relief as a VAWA petitioner, applied for sta20 tus as a nonimmigrant under subparagraph (T) or 

21 (U) of section 101(a)(15), or applied for relief under 

22 section 240A(b)(2)or section 244(a)(3) (as in effect 

23 on March 31, 1997).’’. 
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1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1) shall take effect on the date of the 

3 enactment of this Act. 

4 (b) TREATMENT OF BATTERY OR EXTREME CRU5 ELTY AS EXCEPTIONAL CIRCUMSTANCES.— 

6 (1) IN GENERAL.—Section 240(e)(1) of such 

7 Act (8 U.S.C. 1230(e)(1)) is amended by inserting 

8 ‘‘battery or extreme cruelty of the alien or any child 

9 or parent of the alien or’’ after ‘‘exceptional cir10 cumstances (such as’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

12 by paragraph (1) shall take effect on the date of the 

13 enactment of this Act and shall apply to a failure to 

14 appear that occurs before, on, or after such date. 

15 SEC. 139. CONFORMING RELIEF IN SUSPENSION OF DEPOR16 TATION PARALLEL TO THE RELIEF AVAIL17 ABLE IN VAWA–2000 CANCELLATION FOR 

18 BIGAMY. 

19 Section 244(a)(3) of the Immigration and Nationality 

20 Act (as in effect before the title III–A effective date in 

21 section 309 of the Illegal Immigration Reform and Immi22 grant Responsibility Act of 1996) shall be applied as if 

23 ‘‘or by a United States citizen or lawful permanent resi24 dent whom the alien intended to marry, but whose mar25 riage is not legitimate because of that United States citi-
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1 zen’s or permanent resident’s bigamy’’ were inserted after 

2 ‘‘by a spouse or parent who is a United States citizen or 

3 lawful permanent resident’’. 

4 SEC. 140. CORRECTION OF CROSS-REFERENCE TO CRED5 IBLE EVIDENCE PROVISIONS. 

6 (a) CUBAN ADJUSTMENT PROVISION.—The last sen7 tence of the first section of Public Law 89–732 (November 

8 2, 1966; 8 U.S.C. 1255 note), as amended by section 

9 1509(a) of VAWA–2000, is amended by striking 

10 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

11 (b) NACARA.—Section 202(d)(3) of the Nicaraguan 

12 Adjustment and Central American Relief Act (8 U.S.C. 

13 1255 note; Public Law 105–100), as amended by section 

14 1510(a)(2) of VAWA–2000, is amended by striking 

15 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

16 (c) IIARAIRA.—Section 309(c)(5)(C)(iii) of the Ille17 gal Immigration and Reform and Immigrant Responsi18 bility Act of 1996 (division C of Public Law 104–208; 8 

19 U.S.C. 1101 note), as amended by section 1510(b)(2) of 

20 VAWA–2000, is amended by striking ‘‘204(a)(1)(H)’’ and 

21 inserting ‘‘204(a)(1)(J)’’. 

22 (d) HRIFA.—Section 902(d)(1)(B)(iii) of the Hai23 tian Refugee Immigration Fairness Act of 1998 (division 

24 A of section 101(h) of Public Law 105–277; 112 Stat. 

25 2681–538), as amended by section 1511(a) of VAWA– 
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1 2000, is amended by striking ‘‘204(a)(1)(H)’’ and insert2 ing ‘‘204(a)(1)(J)’’. 

3 (e) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect as if included in the enact5 ment of VAWA–2000. 

6 SEC. 141. TECHNICAL CORRECTIONS. 

7 (a) TECHNICAL CORRECTIONS TO REFERENCES IN

8 APPLICATION OF SPECIAL PHYSICAL PRESENCE AND

9 GOOD MORAL CHARACTER RULES.— 

10 (1) PHYSICAL PRESENCE RULES.—Section 

11 240A(b)(2)(B) of the Immigration and Nationality 

12 Act (8 U.S.C. 1229b(b)(2)(B)) is amended— 

13 (A) in the first sentence, by striking 

14 ‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; and 

15 (B) in the fourth sentence, by striking 

16 ‘‘section 240A(b)(2)(B)’’ and inserting ‘‘this 

17 subparagraph, subparagraph (A)(ii),’’. 

18 (2) MORAL CHARACTER RULES.—Section 

19 240A(b)(2)(C) of such Act (8 U.S.C. 

20 1229b(b)(2)(C)) is amended by striking 

21 ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’. 

22 (3) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall be effective as if included in 

24 the enactment of section 1504(a) of VAWA (114 

25 Stat. 1522). 
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1 (b) CORRECTION OF CROSS-REFERENCE ERROR IN

2 APPLYING GOOD MORAL CHARACTER.— 

3 (1) IN GENERAL.—Section 101(f)(3) of the Im4 migration and Nationality Act (8 U.S.C. 1101(f)(3)) 

5 is amended by striking ‘‘(9)(A)’’ and inserting 

6 ‘‘(10)(A)’’. 

7 (2) EFFECTIVE DATE.—The amendment made 

8 by paragraph (1) shall be effective as if included in 

9 the enactment of the Illegal Immigration Reform 

10 and Immigrant Responsibility Act of 1996 (Public 

11 Law 104–208). 

12 (c) PUNCTUATION CORRECTION.—Effective as if in13 cluded in the enactment of section 5(c)(2) of VAWA– 

14 2000, section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 

15 1227(a)(1)(H)(ii)) is amended by striking the period at 

16 the end and inserting ‘‘; or’’. 

17 (d) CORRECTION OF DESIGNATION AND INDENTA18 TION.—The last sentence of section 212(a)(9)(C)(ii) of the 

19 Immigration and Nationality Act (8 U.S.C. 

20 1182(a)(9)(C)(ii)), as added by section 1505(a) of 

21 VAWA–2000, is amended— 

22 (1) by striking ‘‘section 212(a)(9)(C)(i)’’ and 

23 inserting ‘‘clause (i)’’; 

24 (2) by redesignating paragraphs (1) and (2), 

25 and subparagraphs (A) through (D) of paragraph 
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1 (2), as subclauses (I) and (II), and items (aa) 

2 through (dd) of subclause (II), respectively; and 

3 (3) by moving the margins of each of such 

4 paragraphs and subparagraphs 6 ems to the right. 

5 (e) ADDITIONAL TECHNICAL CORRECTION.—Section 

6 245(l)(2)(B) of such Act (8 U.S.C. 1255(l)(2)(B)) is 

7 amended by striking ‘‘(10(E))’’ and inserting ‘‘(10)(E))’’. 

8 TITLE II—ADDITIONAL 

9 PROTECTIONS 

10 Subtitle A—Ensuring Crime Victim 

11 Access to Legal Services 

12 SEC. 201. ENSURING CRIME VICTIM ACCESS TO LEGAL 

13 SERVICES. 

14 (a) IN GENERAL.—Section 502 of the Departments 

15 of Commerce, Justice, and State, the Judiciary, and Re16 lated Agencies Appropriations Act, 1998 (Public Law 

17 105–119; 111 Stat. 2510) is amended— 

18 (1) by amending subparagraph (C) of sub19 section (a) to read as follows: 

20 ‘‘(C) subsection (a)(11) of such section 

21 504 shall not be construed to prohibit a recipi22 ent from using Corporation funds and funds de23 rived from a source other than the Corporation 

24 to provide legal assistance to— 
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1 ‘‘(i) an alien who has been battered or 

2 subjected to extreme cruelty or who has 

3 been a victim of sexual assault or a victim 

4 of trafficking in the United States; 

5 ‘‘(ii) an alien whose child has been 

6 battered or subjected to extreme cruelty or 

7 has been a victim of sexual assault or a 

8 victim of trafficking in the United States, 

9 if the alien has not actively participated in 

10 the battery, extreme cruelty, sexual as11 sault, or trafficking; or 

12 ‘‘(iii) an alien who qualifies (or whose 

13 child qualifies) for status under section 

14 101(a)(15)(U) of the Immigration and Na15 tionality Act (8 U.S.C. 1101(a)(15)(U)) .’’; 

16 and 

17 (2) by striking paragraph (2) of subsection (b) 

18 and inserting the following: 

19 ‘‘(2) The term ‘victim of trafficking’ has the 

20 meaning given such term in section 103(14) of the 

21 Trafficking Victims Protection Act of 2000 (Public 

22 Law 106–286; 22 U.S.C. 7102(14)).’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) shall apply to expenditures made on or after 

25 the date of the enactment of this Act with respect to ap-
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1 propriations made for fiscal years beginning before, on, 

2 or after such date. 

3 (c) CONSTRUCTION.—Nothing in the amendments 

4 made by subsection (a) shall be construed to restrict the 

5 legal assistance provided to victims of severe forms of traf6 ficking and certain family members allowed under section 

7 107(b)(1) of the Trafficking Victims Protection Act of 

8 2000 (Public Law 106–286; 22 U.S.C. 7105(b)(1)). 

9 Subtitle B—Eligibility for Certain 

10 Public Benefits of Aliens Suf11 fering From Domestic Abuse 

12 SEC. 211. ELIGIBILITY FOR CERTAIN PUBLIC BENEFITS OF 

13 ALIENS SUFFERING FROM DOMESTIC ABUSE. 

14 (a) EXEMPTION FROM SSI AND FOOD STAMPS

15 BAN.—Section 402(a)(2) of the Personal Responsibility 

16 and Work Opportunity Reconciliation Act of 1996 (8 

17 U.S.C. 1612(a)(2)) is amended by adding at the end the 

18 following new subparagraph: 

19 ‘‘(M) BATTERED AND CRIME VICTIM

20 ALIENS.—With respect to eligibility for benefits 

21 for a specified Federal program (as defined in 

22 paragraph (3)), paragraph (1) shall not apply 

23 to an alien who— 

24 ‘‘(i) is described in section 431(c); 
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1 ‘‘(ii) is described in section 431(b) 

2 and also is described in section 431(c), 

3 other than paragraphs (1)(B), (2)(B), and 

4 (3)(B) of such section; or 

5 ‘‘(iii) is described in a clause (i) or (ii) 

6 and was lawfully admitted as a permanent 

7 resident.’’. 

8 (b) EXEMPTION FROM TANF, SOCIAL SERVICES

9 BLOCK GRANT, AND MEDICAID BAN.—Section 402(b)(2) 

10 of such Act (8 U.S.C. 1612(b)(2)) is amended by inserting 

11 after subparagraph (F) the following new subparagraph: 

12 ‘‘(G) BATTERED AND CRIME VICTIM

13 ALIENS.—An alien who— 

14 ‘‘(i) is described in section 431(c); 

15 ‘‘(ii) is described in section 431(b) 

16 and also is described in section 431(c), 

17 other than paragraphs (1)(B), (2)(B), and 

18 (3)(B) of such section; or 

19 ‘‘(iii) is described in clause (i) or (ii) 

20 and was lawfully admitted as a permanent 

21 resident.’’. 

22 (c) EXEMPTION FROM 5-YEAR BAN FOR FEDERAL

23 MEANS-TESTED PUBLIC BENEFITS.—Section 403(b) of 

24 such Act (8 U.S.C. 1613(b)) is amended by adding at the 

25 end the following new paragraph: 
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1 ‘‘(3) BATTERED AND CRIME VICTIM ALIENS.— 

2 An alien who— 

3 ‘‘(A) is described in section 431(c); 

4 ‘‘(B) is described in section 431(b) and 

5 also is described in section 431(c), other than 

6 paragraphs (1)(B), (2)(B), and (3)(B) of such 

7 section; or 

8 ‘‘(C) is described in subparagraph (A) or 

9 (B) and was lawfully admitted as a permanent 

10 resident.’’. 

11 (d) STATUS AS QUALIFIED ALIEN FOR VAWA PETI12 TIONERS AND NONIMMIGRANT ‘‘U’’ AND ‘‘T’’ VISA APPLI13 CANTS AND VISA HOLDERS.—Section 431(c) of such Act 

14 (8 U.S.C. 1641(b)) is amended— 

15 (1) in paragraph (1)(B)— 

16 (A) in clause (i), by striking ‘‘or a child’’ 

17 and inserting ‘‘, child, or parent’’ and by strik18 ing ‘‘or (iv)’’ and inserting ‘‘(iv), or (vii)’’; 

19 (B) in clause (ii), by striking ‘‘(as in effect 

20 prior to April 1, 1997)’’; 

21 (C) in clause (iii), by striking the period at 

22 the end and inserting a comma; 

23 (D) in clause (iv), by striking the semi24 colon at the end and inserting a comma; 
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1 (E) in clause (v), by striking the semicolon 

2 at the end and inserting ‘‘, or’’; and 

3 (F) by adding at the end the following new 

4 clause: 

5 ‘‘(vi) status as a VAWA petitioner (as 

6 defined in section 101(a)(51) of such Act), 

7 other than such a petitioner described in 

8 clause (i) or (ii);’’; 

9 (2) by striking ‘‘or’’ at the end of paragraph 

10 (2)(B); 

11 (3) by striking the period at the end of para12 graph (3)(B) and inserting ‘‘; or’’; and 

13 (4) by inserting after paragraph (3)(B) the fol14 lowing new paragraph: 

15 ‘‘(4) an alien who has applied for and not been 

16 denied status as a nonimmigrant under clause (i) or 

17 (ii) of subparagraph (T), or clause (i) or (ii) of sub18 paragraph (U), of section 101(a)(15) of the Immi19 gration and Nationality Act’’. 

20 (e) CONFORMING DEFINITION OF ‘‘FAMILY’’ USED

21 IN LAWS GRANTING FEDERAL PUBLIC BENEFIT ACCESS

22 FOR BATTERED ALIENS TO STATE FAMILY LAW.— 

23 (1) IN GENERAL.—Section 431(c) of such Act 

24 (8 U.S.C. 1641(c)) is amended— 
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1 (A) in paragraph (1)(A), by striking ‘‘by a 

2 spouse or a parent, or by a member of the 

3 spouse or parent’s family residing in the same 

4 household as the alien and the spouse or parent 

5 consented to, or acquiesced in, such battery or 

6 cruelty’’ and inserting ‘‘by a spouse, parent, 

7 son, or daughter, or by any individual having a 

8 relationship with the alien covered by the civil 

9 or criminal domestic violence statutes of the 

10 State or Indian country where the alien resides, 

11 or the State or Indian country in which the 

12 alien, the alien’s child, or the alien child’s par13 ents received a protection order, or by any indi14 vidual against whom the alien could obtain a 

15 protection order,’’; 

16 (B) in paragraph (2)(A), by striking ‘‘by a 

17 spouse or parent of the alien (without the active 

18 participation of the alien in the battery or cru19 elty), by a member of the spouse or parent’s 

20 family residing in the same household as the 

21 alien and the spouse or parent consented or ac22 quiesced to such battery or cruelty,’’ and insert23 ing ‘‘by a spouse, parent, son, or daughter of 

24 the alien (without the active participation of the 

25 alien in such battery) or by any individual hav-
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1 ing a relationship with the alien covered by the 

2 civil or criminal domestic violence statutes of 

3 the State or Indian country where the alien re4 sides, or the State or Indian country in which 

5 the alien, the alien’s child, or the alien child’s 

6 parents received a protection order, or by any 

7 individual against whom the alien could obtain 

8 a protection order,’’; and 

9 (C) in paragraph (3)(A), by striking ‘‘by a 

10 spouse or parent, or by a member of the spouse 

11 or parent’s family residing in the same house12 hold as the alien and the spouse or parent con13 sented or acquiesced to such battery or cru14 elty,’’ and inserting ‘‘by a spouse, parent, son, 

15 or daughter, or by any individual having a rela16 tionship with the alien covered by the civil or 

17 criminal domestic violence statutes of the State 

18 or Indian country where the alien resides, or 

19 the State or Indian country in which the alien, 

20 the alien’s child, or the alien child’s parents re21 ceived a protection order, or by any individual 

22 against whom the alien could obtain a protec23 tion order,’’. 
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1 (2) FEDERAL ATTRIBUTION OF SPONSOR’S IN2 COME AND RESOURCES.—Section 421(f)(1)(A) of 

3 such Act (8 U.S.C. 1631(f)(1)(A)) is amended— 

4 (A) in clause (i), by striking ‘‘by a spouse 

5 or parent, or by a member of the spouse or par6 ent’s family residing in the same household as 

7 the alien and the spouse or parent consented or 

8 acquiesced to such battery or cruelty,’’ and in9 serting ‘‘by a spouse, parent, son, or daughter, 

10 or by any individual having a relationship with 

11 the alien covered by the civil or criminal domes12 tic violence statutes of the State or Indian 

13 country where the alien resides, or the State or 

14 Indian country in which the alien, the alien’s 

15 child, or the alien child’s parents received a pro16 tection order, or by any individual against 

17 whom the alien could obtain a protection 

18 order,’’; 

19 (B) in clause (ii), by striking ‘‘by a spouse 

20 or parent of the alien (without the active par21 ticipation of the alien in the battery or cruelty), 

22 or by a member of the spouse or parent’s family 

23 residing in the same household as the alien and 

24 the spouse or parent consented or acquiesced to 

25 such battery or cruelty,’’ and inserting ‘‘by a 
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1 spouse, parent, son, or daughter of the alien 

2 (without the active participation of the alien in 

3 the battery or cruelty) or by any individual hav4 ing a relationship with the alien covered by the 

5 civil or criminal domestic violence statutes of 

6 the State or Indian country where the alien re7 sides, or the State or Indian country in which 

8 the alien, the alien’s child, or the alien child’s 

9 parents received a protection order, or by any 

10 individual against whom the alien could obtain 

11 a protection order,’’; 

12 (C) by striking ‘‘or’’ before ‘‘(iii) the 

13 alien’’; and 

14 (D) by inserting ‘‘, or (iv) the alien is de15 scribed in section 431(c)(4)’’ before ‘‘and the 

16 battery or cruelty’’. 

17 (f) ELIMINATION OF SPONSOR LIABILITY AND RE18 SPONSIBILITY OR REIMBURSEMENT WITH RESPECT TO

19 BENEFITS PROVIDED TO BATTERED ALIENS.—Section 

20 423(d) of the Personal Responsibility and Work Oppor21 tunity Reconciliation Act of 1996 is amended by adding 

22 after paragraph (11) the following new paragraph: 

23 ‘‘(12) Benefits provided to an alien who— 

24 ‘‘(A) is described in section 431(c); or 
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1 ‘‘(B) is described in section 431(b) and 

2 also is described in section 431(c), other than 

3 paragraphs (1)(B), (2)(B), and (3)(B) of such 

4 section.’’. 

5 (h) CONFORMING AMENDMENT CONFIRMING

6 IIRAIRA’S GRANT OF PUBLIC AND ASSISTED HOUSING

7 TO ALL QUALIFIED ALIENS, INCLUDING BATTERED IM8 MIGRANTS.—Section 214 of the Housing and Community 

9 Development Act of 1980 (42 U.S.C. 1436a) is amend10 ed— 

11 (1) in subsection (a)— 

12 (A) in paragraph (6), by striking ‘‘or’’ at 

13 the end; 

14 (B) by redesignating paragraph (7) as 

15 paragraph (8); and 

16 (C) by inserting after paragraph (6) the 

17 following: 

18 ‘‘(7) a qualified alien described in section 431 

19 of the Personal Responsibility and Work Oppor20 tunity Reconciliation Act of 1996 (8 U.S.C. 1641), 

21 or’’; and 

22 (2) in subsection (c)— 

23 (A) in paragraph (1)(A), by striking ‘‘(6)’’ 

24 and inserting ‘‘(7)’’; and 
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1 (B) in paragraph (2)(A), in the matter 

2 preceding clause (i), by inserting ‘‘(other than 

3 a qualified alien described in 431 of the Per4 sonal Responsibility and Work Opportunity 

5 Reconciliation Act of 1996 (8 U.S.C. 1641)’’ 

6 after ‘‘any alien’’. 

7 (i) IMPLEMENTATION.—Not later than 180 days 

8 after the date of the enactment of this Act, the Secretary 

9 of Homeland Security, Secretary of Agriculture, the Sec10 retary of Health and Human Services, and the Secretary 

11 of Housing and Urban Development shall promulgate reg12 ulations for its officials to implement this section. 

13 (j) EFFECTIVE DATE.—The amendments made by 

14 this section apply to applications for public benefits and 

15 public benefits provided on or after the date of the enact16 ment of this Act. 

17 Subtitle C—Law Enforcement 

18 Training Grants 

19 SEC. 221. GRANTS FOR LAW ENFORCEMENT TRAINING PRO20 GRAMS TO IDENTIFY AND PROTECT VICTIMS 

21 OF TRAFFICKING. 

22 (a) DEFINITIONS.—In this section: 

23 (1) ACT OF TRAFFICKING.—The term ‘‘act of 

24 trafficking’’ means an act or practice described in 

25 paragraph (8) or (9) of section 103 of the Traf-
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1 ficking Victims Protection Act of 2000 (22 U.S.C. 

2 7102). 

3 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti4 ty’’ means a State or a local government. 

5 (3) STATE.—The term ‘‘State’’ means any 

6 State of the United States, the District of Columbia, 

7 the Commonwealth of Puerto Rico, Guam, the 

8 United States Virgin Islands, the Commonwealth of 

9 the Northern Mariana Islands, American Samoa, 

10 and any other territory or possession of the United 

11 States. 

12 (4) VICTIM OF TRAFFICKING.—The term ‘‘vic13 tim of trafficking’’ means an individual subjected to 

14 an act of trafficking. 

15 (b) GRANTS AUTHORIZED.—The Attorney General 

16 may award grants to eligible entities to provide training 

17 to State and local law enforcement personnel to identify 

18 and protect victims of trafficking. 

19 (c) USE OF FUNDS.—A grant awarded under this 

20 section shall be used for any one or more of the following: 

21 (1) To train law enforcement personnel to iden22 tify and protect victims of trafficking, including 

23 training such personnel to utilize Federal, State, or 

24 local resources to assist victims of trafficking. 
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1 (2) To train law enforcement or State or local 

2 prosecutors to identify, investigate, or prosecute acts 

3 of trafficking. 

4 (3) To train law enforcement or State or local 

5 prosecutors to utilize laws that prohibit acts of traf6 ficking. 

7 (4) To assist in the development of State and 

8 local laws to prohibit acts of trafficking. 

9 (d) RESTRICTIONS.— 

10 (1) SUPPLEMENT NOT SUPPLANT.—A grant 

11 awarded under this section shall be used to supple12 ment and not supplant other Federal, State, and 

13 local public funds available to carry out the training 

14 described in subsection (c). 

15 (2) ADMINISTRATIVE EXPENSES.—An eligible 

16 entity that receives a grant under this section may 

17 use not more than 5 percent of the total amount of 

18 such grant for administrative expenses. 

19 (3) NONEXCLUSIVITY.—Nothing in this section 

20 may be construed to restrict the ability of an eligible 

21 entity to apply for or obtain funding from any other 

22 source to carry out the training described in sub23 section (c). 

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated $10,000,000 for each 
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1 of fiscal years 2006 through 2010 to carry out this sec2 tion. 

Æ