II 

116TH CONGRESS 

1ST SESSION S. 415 

To provide immigration status for certain battered spouses and children. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2019 

Ms. KLOBUCHAR (for herself, Mr. COONS, and Ms. HARRIS) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To provide immigration status for certain battered spouses 

and children. 

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 This Act may be cited as the ‘‘Protecting Immigrant 

5 Victims of Domestic Violence Act’’. 

6 SEC. 2. IMMIGRATION STATUS FOR CERTAIN BATTERED 

7 SPOUSES AND CHILDREN. 

8 (a) NONIMMIGRANT STATUS FOR CERTAIN BAT9 TERED SPOUSES AND CHILDREN.—Section 101(a)(51) of 


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1 the Immigration and Nationality Act (8 U.S.C. 

2 1101(a)(51)) is amended— 

3 (1) in subparagraph (F), by striking ‘‘or’’ at 

4 the end; 

5 (2) in subparagraph (G), by striking the period 

6 at the end and inserting ‘‘; or’’; and 

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

8 ‘‘(H) section 106 as an abused derivative 

9 alien.’’. 

10 (b) RELIEF FOR ABUSED DERIVATIVE ALIENS.— 

11 (1) AMENDMENT.—Section 106 of the Immi12 gration and Nationality Act (8 U.S.C. 1105a) is 

13 amended to read as follows: 

14 ‘‘SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS. 

15 ‘‘(a) ABUSED DERIVATIVE ALIEN DEFINED.—In this 

16 section, the term ‘abused derivative alien’ means an alien 

17 who— 

18 ‘‘(1) is a spouse or child admitted under section 

19 101(a)(15); 

20 ‘‘(2) is accompanying or following to join a 

21 principal alien admitted under such section; and 

22 ‘‘(3) has been subject to battery or extreme cru23 elty by such principal alien. 

24 ‘‘(b) RELIEF FOR ABUSED DERIVATIVE ALIENS.— 

25 The Secretary of Homeland Security— 


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1 ‘‘(1) shall grant admission to, or extend the pe2 riod of admission for, an abused derivative alien 

3 under the subparagraph of section 101(a)(15) pur4 suant to which the principal alien was admitted for 

5 the period that is the longer of— 

6 ‘‘(A) the same period for which the prin7 cipal alien was initially admitted; or 

8 ‘‘(B) 3 years; 

9 ‘‘(2) may renew a grant or an extension of sta10 tus made under paragraph (1); 

11 ‘‘(3) shall grant employment authorization to 

12 an abused derivative alien; and 

13 ‘‘(4) may adjust the status of an abused deriva14 tive alien to that of an alien lawfully admitted for 

15 permanent residence if— 

16 ‘‘(A)(i) the abused derivative alien is ad17 missible under section 212(a); or 

18 ‘‘(ii) the Secretary of Homeland Security 

19 determines that the continued presence in the 

20 United States of the abused derivative alien is 

21 justified— 

22 ‘‘(I) on humanitarian grounds; 

23 ‘‘(II) to ensure family unity; or 

24 ‘‘(III) is otherwise in the public inter25 est; and 


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1 ‘‘(B) the status under which the principal 

2 alien was admitted to the United States would 

3 have potentially allowed for eventual adjustment 

4 of status. 

5 ‘‘(c) EFFECT OF TERMINATION OF RELATIONSHIP.— 

6 Termination of the relationship with principal alien shall 

7 not affect the status of an abused derivative alien under 

8 this section if battery or extreme cruelty by the principal 

9 alien was one central reason for termination of the rela10 tionship. 

11 ‘‘(d) PROCEDURES.—A request for relief under this 

12 section shall be handled under the procedures that apply 

13 to an alien seeking relief under section 204(a)(1)(B).’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents preceding section 101 of the Immigration and 

16 Nationality Act (8 U.S.C. 1101) is amended by 

17 striking the item relating to section 106 and insert18 ing the following: 

‘‘Sec. 106. Relief for abused derivative aliens.’’. 

Æ 


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