I 

112TH CONGRESS 

2D SESSION H. R. 5331 

To provide protections against violence against immigrant women, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2012 

Ms. SCHAKOWSKY (for herself, Ms. CHU, Ms. CLARKE of New York, Mr. GRIJALVA, Ms. HAHN, Ms. LEE of California, Ms. MOORE, Mr. POLIS, Ms. 

LORETTA SANCHEZ of California, and Ms. WATERS) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committees on Financial Services and Energy and 

Commerce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide protections against violence against immigrant 

women, and for other purposes. 

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 ‘‘Violence Against Immi5 grant Women Act of 2012’’. 


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1 TITLE I—RULEMAKINGS 

2 SEC. 101. RULEMAKING AND FINDINGS WITH REGARD TO 

3 RULEMAKING. 

4 (a) RULEMAKING.—Not later than 180 days after the 

5 date of enactment of this Act, the Attorney General, the 

6 Secretary of Homeland Security, and the Secretary of 

7 State shall make rules to implement this Act and the 

8 amendments carried out by this Act. To the extent nec9 essary to ensure that such rules are made in a timely man10 ner, the rules shall take effect on an interim basis, at the 

11 same time that notice and opportunity for public comment 

12 are offered. Access to the relief provided by this Act and 

13 previous Acts listed in subsection (b) is in the public inter14 est, as necessary to protect health and safety and promul15 gation of regulations that take effect on an interim basis 

16 falls within the good cause exception in the Administrative 

17 Procedure Act. 

18 (b) FINDINGS.—Not later than 180 days after the 

19 date of enactment of this Act, the Attorney General, the 

20 Secretary of Homeland Security, and the Secretary of 

21 State shall promulgate interim regulations to implement 

22 the provisions not amended or repealed from the Victims 

23 of Trafficking and Violence Prevention Act of 2000 (Pub24 lic Law 106–386), the Violence Against Women Act and 

25 Department Justice Reauthorization Act of 2006 (Public 


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1 Law 109–162) and the William Wilberforce Trafficking 

2 Victims Protection Reauthorization Act of 2008 (Public 

3 Law 110–457). Insofar as required to carry out the pre4 vious sentence in a timely manner, such regulations shall 

5 be promulgated to take effect on an interim basis, at the 

6 same time that notice and opportunity for public comment 

7 are offered. 

8 TITLE II—PROTECTIONS FOR 

9 VICTIMS 

10 SEC. 201. EMPLOYMENT AUTHORIZATION FOR IMMIGRANT 

11 VICTIMS. 

12 (a) FINDINGS.—Congress finds as follows: 

13 (1) Congress created immigration protections 

14 for immigrant victims of domestic violence, sexual 

15 assault, stalking, dating violence, human trafficking, 

16 and other crime victims for two important pur17 poses—to facilitate prosecution of perpetrators and 

18 to enhance victim safety. 

19 (2) The safety of immigrant victims applying 

20 for protection under the Violence Against Women 

21 Act or the Trafficking Victims Protection Act is un22 dermined when government agencies delay in pro23 viding legal work authorization. Immigrant victims’ 

24 ability to seek help and to cooperate in the detection, 

25 investigation or prosecution crimes committed 


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1 against them is enhanced when victims can work 

2 lawfully and sever their economic dependence on the 

3 perpetrator. 

4 (3) When victims know that they will receive 

5 legal work authorization within 180 days of filing 

6 their for victim related immigration relief, victims 

7 and their advocates can develop safety plans that 

8 will focus on steps the victim can take to keep her9 self and her children safe during the work authoriza10 tion waiting period. This can include stays in an 

11 emergency shelter and transitional housing, obtain12 ing legal custody of her children and learning skills 

13 that will enhance her employability. 

14 (4) The economic stability that comes from the 

15 ability to work lawfully in the United States reduces 

16 victims’ vulnerability to abuse, exploitation and coer17 cion from crime perpetrators. 

18 (5) Congress in VAWA 2000 and VAWA 2005 

19 took steps to encourage DHS to grant immigrant 

20 crime victims swift access to legal work authoriza21 tion. However, as of 2011 73.9% of VAWA self-peti22 tioners and 93.9% of U-visa applicants endure 

23 delays of longer than 6 months before receiving legal 

24 work authorization. Of these many wait well over a 

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1 tion—36.7% of VAWA self-petitioners and 32% of 

2 U-visa applicants. These delays harm criminal pros3 ecutions and endanger victims and their children. 

4 (b) EMPLOYMENT AUTHORIZATION FOR IMMIGRANT

5 VICTIMS.—Section 204(a)(1) of the Immigration and Na6 tionality Act (8 U.S.C. 1154(a)) is amended by adding at 

7 the end the following: 

8 ‘‘(M) Notwithstanding any provision of 

9 this Act restricting eligibility for employment in 

10 the United States, the Secretary of Homeland 

11 Security may grant employment authorization 

12 to an alien who has filed a petition for status 

13 as a VAWA self-petitioner or a nonimmigrant 

14 described in section 101(a)(15)(U) on the date 

15 that is the earlier of— 

16 ‘‘(i) the date the alien’s petition for 

17 such status is approved; or 

18 ‘‘(ii) 180 days after the date the alien 

19 filed a petition for such status.’’. 

20 SEC. 202. PROTECTIONS FOR TRAFFICKING VICTIMS. 

21 (a) DEATH OF A FAMILY MEMBER.— 

22 (1) CITIZEN PARENTS.—Section 

23 204(a)(1)(A)(iv) of the Immigration and Nationality 

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


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1 (A) by striking ‘‘or who’’ the first place it 

2 appears and inserting ‘‘, who’’; 

3 (B) by inserting ‘‘who was a child of a 

4 United States citizen parent (i)(I) who died 

5 within the past 2 years; or (II) who died when 

6 the child was under 18 years of age and the 

7 child filed a petition under this subsection not 

8 later than 2 years after the child reached the 

9 age of 18 years, or (ii) whose marriage to the 

10 child’s alien parent was terminated, including 

11 by divorce, annulment, or by death of the alien 

12 parent or the United States citizen parent’’ be13 fore ‘‘, and who is a person of good moral char14 acter,’’; and 

15 (C) by striking ‘‘(and any child of the 

16 alien)’’ and inserting ‘‘(and any spouse or child 

17 of the alien)’’. 

18 (2) LAWFUL PERMANENT RESIDENTS.—Section 

19 204(a)(1)(B) of the Immigration and Nationality 

20 Act (8 U.S.C. 1154(a)(1)(B)) is amended— 

21 (A) in clause (iii)— 

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

23 ‘‘who’’; 

24 (ii) by inserting ‘‘or who was a child 

25 of a lawful permanent resident parent 


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1 (I)(aa) who within the past 2 years; or (II) 

2 who died when one child was under 18 

3 years of age and the child filed a petiiton 

4 unde this subsection no later than 2 years 

5 after the child reached the age of 18’’ be6 fore ‘‘, and who is a person of good moral 

7 character,’’; and 

8 (iii) by striking ‘‘(and any child of the 

9 alien)’’ and inserting ‘‘(and any spouse or 

10 child of the alien)’’; and 

11 (B) in clause (ii)(II)(aa)(CC)— 

12 (i) in subsubitem (aaa), by striking 

13 ‘‘or’’; 

14 (ii) in subsubitem (bbb), by striking 

15 the semicolon at the end and inserting ‘‘; 

16 or’’; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(ccc) whose spouse 

20 died within the past 2 

21 years.’’. 

22 (3) SELF PETITIONING BY MINORS.—Section 

23 204(a)(1)(D)(v) of the Immigration and Nationality 

24 Act (8 U.S.C. 1154(a)(1)(D)(v)) is amended by in25 serting after ‘‘who is not less than 21 years of age,’’ 


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1 the following: ‘‘(and the individual’s spouse and chil2 dren)’’. 

3 (4) SURVIVING RELATIVES.—Section 204(l) of 

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

5 1165(l)) is amended— 

6 (A) in paragraph (1), by striking ‘‘who re7 sided in the United States at the time of the 

8 death of the qualifying relative and who con9 tinues to reside in the United States’’; and 

10 (B) in paragraph (2)(E), to read as fol11 lows: 

12 ‘‘(E)(i) an alien described in section 

13 101(a)(15)(T)(ii) whose qualifying relative has 

14 been admitted in nonimmigrant status de15 scribed in section 101(a)(15)(T)(i); 

16 ‘‘(ii) an alien described in section 

17 101(a)(15)(U)(ii) whose qualifying relative has 

18 been admitted in nonimmigrant status de19 scribed in section 101(a)(15)(U)(i); or 

20 ‘‘(iii) an alien who is a VAWA self-peti21 tioner.’’. 

22 (5) EFFECTIVE DATES.— 

23 (A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the amendments made by 

25 paragraphs (1) and (2) shall take effect on the 


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1 date of enactment of this Act and shall apply 

2 to petitions filed on or after that date. 

3 (B) TRANSITION IN CASE OF CITIZEN PAR4 ENTS WHO DIED BEFORE ENACTMENT.—In ap5 plying the amendments made by paragraphs (1) 

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

7 or lawful permanent resident parent died dur8 ing the period beginning on the date that is 2 

9 years prior to the date of enactment of Violence 

10 Against Women Reauthorization Act of 2005, 

11 and ending on the date of enactment of this 

12 Act— 

13 (i) section 204(a)(1)(A)(iv) and sec14 tion 204(a)(1)(B)(iii) of the Immigration 

15 and Nationality Act shall each be applied 

16 as though the phrase ‘‘within the past two 

17 years’’ were ‘‘the period described in sec18 tion 202(d)(5)(B) of the Violence Against 

19 Immigrant Women Act of 2012’’; 

20 (ii) a petition under either such sec21 tion shall be filed not later than the later 

22 of— 

23 (I) 2 years after the date of en24 actment of this Act; or 


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1 (II) the 2 years after the date 

2 the alien attains 18 years of age; and 

3 (iii) the determination of eligibility of 

4 an alien child for benefits under either 

5 such section (including under section 

6 204(a)(1)(D) of such Act, by reason of a 

7 petition authorized under such section) 

8 shall be determined as of the date of the 

9 death of the citizen or lawful permanent 

10 resident parent. 

11 (b) UNACCOMPANIED ALIEN CHILD REDEFINED.— 

12 Section 462(g) of the Homeland Security Act of 2002 (6 

13 U.S.C. 279(g)) is amended— 

14 (1) in paragraph (2)(C)— 

15 (A) in clause (i), by striking ‘‘or’’ at the 

16 end; 

17 (B) in clause (ii), by striking the period at 

18 the end and inserting ‘‘; or’’; and 

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

20 ‘‘(iii) was apprehended without a par21 ent or legal guardian and is not reunified 

22 with a parent or legal guardian within 72 

23 hours thereafter.’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(h) Reunification with a parent or legal guardian or 

2 next friend does not affect the child’s unaccompanied sta3 tus for the duration of the child’s immigration pro4 ceedings.’’. 

5 (c) PROVIDING SAFE AND SECURE PLACEMENTS FOR

6 CHILDREN.—Section 235(c)(2) of the Trafficking Victims 

7 Protection Reauthorization Act of 2008 is amended by 

8 adding at the end the following: ‘‘The Secretary of Home9 land Security shall permit the continuation of care plans 

10 developed by the Office of Refugee Resettlement’s division 

11 of Unaccompanied Children’s Services to ensure their con12 tinued protected status after they turn 18, in an arrange13 ment that is the least restrictive possible. The provisions 

14 of this paragraph apply to an unaccompanied alien child 

15 until such child attains 21 years of age, including those 

16 provisions providing for continued authorization of place17 ment of that child.’’. 

18 (d) PROVIDING SAFE AND SECURE PLACEMENTS

19 FOR CHILDREN.—Section 235(c)(1) of the Trafficking 

20 Victims Protection Reauthorization Act of 2008 is amend21 ed to read as follows: 

22 ‘‘(1) POLICIES AND PROGRAMS.— 

23 ‘‘(A) IN GENERAL.—The Secretary of 

24 Health and Human Services, Secretary of 

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1 retary of State shall establish policies and pro2 grams to ensure that unaccompanied alien chil3 dren in the United States are protected from 

4 traffickers and other persons seeking to vic5 timize or otherwise engage such children in 

6 criminal, harmful, or exploitative activity, in7 cluding policies and programs reflecting best 

8 practices in witness security programs. 

9 ‘‘(B) CONFIDENTIALITY OF INFORMA10 TION.—In order to protect unaccompanied alien 

11 children in the United States, information ac12 quired by any person, including officers or em13 ployees of the Department of Health and 

14 Human Services, case managers, or others in 

15 connection with providing services or treatment 

16 to children in the custody of the Secretary of 

17 Health and Human Services, including any con18 tracted social service entity, shall have be af19 forded confidentiality protections under VAWA 

20 confidentiality (8 U.S.C. 1367) and the Health 

21 Insurance Portability and Accountability Act.’’. 

22 (e) ELIGIBILITY FOR SPECIAL IMMIGRANT JUVENILE

23 STATUS.— 

24 (1) AGE AND COURT JURISDICTION.—Section 

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1 authorization Act of 2008 is amended to read as fol2 lows: 

3 ‘‘(6) TRANSITION RULE.—Notwithstanding any 

4 other provision of law, an alien described in section 

5 101(a)(27)(J) of the Immigration and Nationality 

6 Act (8 U.S.C. 1101(a)(27)(J)) may not be denied 

7 special immigrant status under such section or have 

8 such status revoked after the date of the enactment 

9 of this Act based on age or whether the alien con10 tinues to be under State or juvenile court jurisdic11 tion if the alien was a child and under State or juve12 nile court jurisdiction on the date on which the alien 

13 applied for such status.’’. 

14 (2) SINGLE PARENTS.—Section 

15 101(a)(27)(J)(i) of the Immigration and Nationality 

16 Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended— 

17 (A) by striking ‘‘1 or both’’ and inserting 

18 ‘‘at least one’’; 

19 (B) by inserting after ‘‘State law’’ the fol20 lowing: ‘‘regardless of whether the immigrant 

21 lives with the non-offending parent;’’; and 

22 (C) by inserting after ‘‘custody of’’ the fol23 lowing: ‘‘a non-offending parent of the immi24 grant’’. 


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1 (f) COUNTING OF TRAFFICKING VICTIMS AND BENE2 FITS FOR U-VISA HOLDERS AND FAMILIES.—Section 

3 107(b)(1)(B) of the Trafficking Victims Protection Act of 

4 2000 (22 U.S.C. 7105(b)(1)) is amended by adding ‘‘and 

5 victims of human trafficking who qualify for other forms 

6 of immigration relief’’ after ‘‘101(a)(15)(T)(ii)’’. 

7 (g) PASSPORT RETENTION.—Section 1592 of title 

8 18, United States Code, is amended— 

9 (1) in subsection (a)(2) by deleting ‘‘or’’ at the 

10 end; 

11 (2) in subsection (a)(3) by adding ‘‘or’’ at the 

12 end; and 

13 (3) by inserting after paragraph (3) of sub14 section (a) the following: 

15 ‘‘(4) for more than 32 hours shall be subject to 

16 a rebuttable presumption that they are withholding 

17 the passport of another person against that persons 

18 will in violation of this section, but it is not a viola19 tion of this section to obtain a person’s passport for 

20 up 32 hours for the purpose of complying with Fed21 eral or State government requirements;’’. 


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1 SEC. 203. PROTECTIONS FOR VICTIMS OF CRIMINAL ACTIV2 ITY. 

3 (a) IN GENERAL.—Section 101(a)(15)(U)(iii) of the 

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

5 1101(a)(15)(U)(iii)) is amended— 

6 (1) by inserting ‘‘stalking; dating violence; 

7 abuse; endangerment; or exploitation of a person 

8 who is a child, elderly, or disabled;’’ after ‘‘perjury;’’; 

9 and 

10 (2) by adding at the end the following: 

11 ‘‘(iv) the terms ‘domestic violence’, 

12 ‘sexual assault’, ‘dating violence’, and 

13 ‘stalking’ have the meaning given such 

14 terms in the Violence Against Women Act 

15 of 1994 (42 U.S.C. 13925(a));’’. 

16 (b) PROTECTION FOR INCAPACITATED SONS AND

17 DAUGHTERS OF VICTIMS.—(1) Section 101(a)(15)(T)(ii) 

18 of the Immigration and Nationality Act (8 U.S.C. 

19 1101(a)(15)(t)) is amended— 

20 (A) in subclause (I) by inserting ‘‘, incapaci21 tated siblings,’’ after ‘‘under such clause’’; and 

22 (B) in subclause (III) by inserting ‘‘, incapaci23 tated sibling,’’ after ‘‘parent’’. 

24 (2) Section 101(a)(15)(U)(ii) of the Immigration and 

25 Nationality Act (8 U.S.C. 1101(a)(15)(U)(ii)) is amend26 ed— 


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1 (A) in subclause (I)— 

2 (i) by inserting ‘‘or incapacitated’’ after 

3 ‘‘under 21 years of age’’; 

4 (ii) by inserting ‘‘son or daughter,’’ after 

5 ‘‘children,’’; and 

6 (iii) by inserting ‘‘any children of the sib7 lings,’’ after ‘‘under such clause’’; and 

8 (B) in subclause (II)— 

9 (i) by inserting ‘‘under 21 years of age on 

10 the date on which such alien applied for status 

11 under such clause’’ after ‘‘children’’; and 

12 (ii) by inserting ‘‘, and any children of the 

13 children’’ after ‘‘such alien’’. 

14 (3) Section 204(a)(1) of the Immigration and Nation15 ality Act (8 U.S.C. 1154(a)(1)) is amended— 

16 (A) in subparagraph (A)(ii), by inserting ‘‘or 

17 incapacitated sons or daughters’’ after ‘‘alien’s chil18 dren’’; 

19 (B) in subparagraph (A)(iii), in the matter pre20 ceding item (aa), by inserting ‘‘or incapacitated son 

21 or daughter’’ after ‘‘child’’; 

22 (C) in subparagraph (A)(iii)(I)(bb), by striking 

23 ‘‘or a child’’ inserting ‘‘, an incapacitated son or 

24 daughter of the alien, or a child’’; 


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1 (D) in subparagraph (A)(iv), by inserting ‘‘, or 

2 incapacitated son or daughter,’’ after ‘‘child’’ the 

3 first and second places it appears; 

4 (E) in subparagraph (A)(vi), by striking ‘‘or 

5 child’’ and inserting ‘‘, incapacitated son or daugh6 ter, or child’’; 

7 (F) in subparagraph (B)(ii)(I)(bb), by inserting 

8 ‘‘, an incapacitated son or daughter of the alien, or’’ 

9 before ‘‘a child of the alien’’; and 

10 (G) in subparagraph (B)(iii), by inserting ‘‘in11 capacitated son or daughter’’ after ‘‘child’’ the first, 

12 second, and third places it appears. 

13 (c) PROTECTING PARENTS OF U.S. CITIZEN CHILD

14 CRIME VICTIMS.—Section 101(a)(15)(U) of the Immigra15 tion and Nationality Act (8 U.S.C. 1101(a)(15)(U)) shall 

16 be amended— 

17 (1) in clause (i)— 

18 (A) in subclause (I), by inserting after 

19 ‘‘the alien’’ the following: ‘‘or a child of the 

20 alien’’; 

21 (B) in subclause (II), by striking ‘‘an 

22 alien’’ before the word ‘‘child’’ and inserting 

23 ‘‘a’’; and 


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1 (C) in subclause (III), by striking ‘‘an 

2 alien’’ before the word ‘‘child’’ and inserting 

3 ‘‘a’’; and 

4 (2) in clause (ii), by inserting after subclause 

5 (II) the following: 

6 ‘‘(III) in the case of an alien de7 scribed in clause (i) who is 21 years 

8 of age or older and incapacitated, the 

9 parents and siblings of such alien.’’. 

10 (d) REQUIREMENTS APPLICABLE TO U VISAS.— 

11 (1) RECAPTURE OF UNUSED U VISAS.—Section 

12 214(p)(2) of the Immigration and Nationality Act (8 

13 U.S.C. 1184(p)(2)) is amended— 

14 (A) in subparagraph (A), by striking ‘‘The 

15 number’’ and inserting ‘‘Except as provided in 

16 subparagraph (C), the number’’; and 

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

18 ‘‘(C) Beginning in fiscal year 2012, if the 

19 numerical limitation set forth in subparagraph 

20 (A) is reached before the end of the fiscal year, 

21 up to 5,000 additional visas, of the aggregate 

22 number of visas that were available and not 

23 issued to nonimmigrants described in section 

24 101(a)(15)(U) in fiscal years 2006 through 


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1 2011, may be issued until the end of the fiscal 

2 year.’’. 

3 (2) SUNSET DATE.—The amendments made by 

4 paragraph (1) are repealed on the date on which the 

5 aggregate number of visas that were available and 

6 not issued in fiscal years 2006 through 2011 have 

7 been issued pursuant to section 214(p)(2)(C) of the 

8 Immigration and Nationality Act. 

9 (3) AGE DETERMINATIONS.—Section 214(p) of 

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

11 1184(p)) is amended by adding at the end the fol12 lowing: 

13 ‘‘(7) AGE DETERMINATIONS.— 

14 ‘‘(A) CHILDREN.—An unmarried alien who 

15 seeks to accompany, or follow to join, a parent 

16 granted status under section 101(a)(15)(U)(i), 

17 and who was under 21 years of age on the date 

18 on which such parent petitioned for such status, 

19 shall continue to be classified as a child for pur20 poses of section 101(a)(15)(U)(ii), if the alien 

21 attains 21 years of age after such parent’s peti22 tion was filed but while it was pending. 

23 ‘‘(B) PRINCIPAL ALIENS.—An alien de24 scribed in clause (i) of section 101(a)(15)(U) 

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1 scribed in clause (ii)(I) of such section if the 

2 alien attains 21 years of age after the alien’s 

3 application for status under such clause (i) is 

4 filed but while it is pending.’’. 

5 (4) PETITIONING PROCEDURES FOR U VISAS.— 

6 Section 214(p)(1) of the Immigration and Nation7 ality Act (8 U.S.C. 1154(p)) is amended by inserting 

8 ‘‘Certifications may be signed by the head of the 

9 agency or any agency staff member designated by 

10 such agency head to sign certifications.’’ before 

11 ‘‘The certification may also’’. 

12 (e) VOCA AS U-VISA CERTIFIERS.—Section 203(j) 

13 through section 214(p) of the Immigration and Nation14 ality Act (8 U.S.C. 1153(j) through 8 U.S.C. 1184(p)) 

15 is amended by inserting ‘‘administrator of crime victim as16 sistance under the Comprehensive Crime Control Act of 

17 1984 (42 U.S.C. 10602),’’ after ‘‘prosecutor, judge,’’ each 

18 place it appears. 

19 SEC. 204. BATTERED SPOUSE AND FAMILY MEMBER PRO20 TECTIONS AND NONIMMIGRANTS. 

21 (a) EXCEPTION FROM FOREIGN RESIDENCE RE22 QUIREMENT FOR EDUCATIONAL VISITORS.— 

23 (1) IN GENERAL.—Section 212(e) of the Immi24 gration and Nationality Act (8 U.S.C. 1182(e)) is 

25 amended, in the matter before the first proviso, by 


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1 inserting ‘‘unless the alien is a VAWA self-petitioner 

2 or an applicant for nonimmigrant status under 

3 101(a)(15)(T) or (U)’’ after ‘‘for an aggregate of at 

4 least two years following departure from the United 

5 States’’. 

6 (2) EFFECTIVE DATE.—The amendment made 

7 by this paragraph shall apply to aliens regardless of 

8 whether the foreign residence requirement under 

9 section 212(e) of the Immigration and Nationality 

10 Act arises out of an admission or acquisition of sta11 tus under section 101(a)(15)(J) of such Act, before, 

12 on, or after the date of enactment of this Act. 

13 (b) SELF-PETITIONING.—Section 204(a)(1)(A)(iii) of 

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

15 1154(a)(1)(A)(iii)) is amended— 

16 (1) in subclause (I)(bb), by inserting ‘‘or to 

17 conclude in a valid marriage’’ after ‘‘intended by the 

18 alien to be legally a marriage’’; 

19 (2) in subclause (II)(aa)— 

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

21 (BB); 

22 (B) by inserting ‘‘or’’ at the end of 

23 subitem (CC); and 

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

25 subitem: 


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1 ‘‘(DD) who entered the 

2 United States as an alien 

3 described in section 

4 101(a)(15)(K) with the in5 tent to enter into a valid 

6 marriage and the alien (or 

7 child of the alien) was bat8 tered or subject to extreme 

9 cruelty by the United States 

10 citizen who filed the petition 

11 to accord status under such 

12 section;’’; 

13 (3) in subclause (II)(cc)— 

14 (A) by striking ‘‘or who’’ and inserting ‘‘, 

15 who’’; and 

16 (B) by inserting ‘‘, or who is described in 

17 subitem (aa)(DD)’’ before the semicolon; and 

18 (4) in subclause (II)(dd) by inserting ‘‘or who 

19 is described in subitem (aa)(DD)’’ before the period. 

20 (c) EXCEPTION FROM REQUIREMENT TO DEPART.— 

21 Section 214(d)(1) of the Immigration and Nationality Act 

22 (8 U.S.C. 1184(d)(1)) is amended by inserting before the 

23 period at the end the following: ‘‘unless the alien (and the 

24 child of the alien) entered the United States as an alien 

25 described in section 101(a)(15)(K) with the intent to enter 


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1 into a valid marriage and the alien or child was battered 

2 or subjected to extreme cruelty by the United States cit3 izen who filed the petition to accord status under such 

4 section’’. 

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

6 this subsection shall apply to aliens admitted before, on, 

7 or after the date of enactment of this Act. 

8 (e) RELIEF FOR ABUSED FIANCE ́S.— 

9 (1) CONFORMING APPLICATION IN CANCELLA10 TION OF REMOVAL.—Section 240A(b)(2)(A)(i) of the 

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

12 1229b(b)(2)(A)(i)) is amended— 

13 (A) by striking ‘‘or’’ at the end of sub14 clause (II); 

15 (B) by adding ‘‘or’’ at the end of subclause 

16 (III); and 

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

18 subclause: 

19 ‘‘(IV) the alien entered the 

20 United States as an alien described in 

21 section 101(a)(15)(K) with the intent 

22 to enter into a valid marriage and the 

23 alien (or the child of the alien who is 

24 described in such section) was bat25 tered or subject to extreme cruelty by 


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1 the United States citizen who filed the 

2 petition to accord status under such 

3 section;’’. 

4 (2) EXCEPTION TO RESTRICTION ON ADJUST5 MENT OF STATUS.—The second sentence of section 

6 245(d) of the Immigration and Nationality Act (8 

7 U.S.C. 1255(d)) is amended by inserting before the 

8 period the following: ‘‘, unless the alien is described 

9 in section 204(a)(1)(A)(iii)(II)(aa)(DD)’’. 

10 (3) APPLICATION UNDER SUSPENSION OF DE11 PORTATION.—Section 244(a)(3) of such Act (8 

12 U.S.C. 1254(a)(3)) (as in effect on March 31, 1997) 

13 shall be applied (as if in effect on such date) as if 

14 the phrase ‘‘is described in section 

15 240A(b)(2)(A)(i)(IV) or’’ were inserted before ‘‘has 

16 been battered’’ the first place it appears. 

17 (4) EFFECTIVE DATE.—The amendments made 

18 by this subsection shall take effect on the date of the 

19 enactment of this Act and shall apply to aliens ad20 mitted before, on, or after such date. 

21 (f) VISA WAIVER ENTRANTS.— 

22 (1) IN GENERAL.—Section 217(b)(2) of the Im23 migration and Nationality Act (8 U.S.C. 1187(b)(2)) 

24 is amended by inserting ‘‘as a VAWA self-petitioner 

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


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1 under section 240A(b)(2), or under section 

2 244(a)(3) (as in effect on March 31, 1997),’’ after 

3 ‘‘asylum,’’. 

4 (2) EFFECTIVE DATE.—The amendment made 

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

6 enactment of this Act and shall apply to waivers 

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

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

9 if it had been included in such waivers. 

10 (g) ABUSED DERIVATIVES ACCESSING VAWA SELF11 PETITIONING.—Section 204(a)(1)(B)(ii)(I) of the Immi12 gration and Nationality Act (8 U.S.C. 

13 1154(a)(1)(B)(ii)(I)) is amended— 

14 (1) in subitem (CC) by inserting ‘‘or’’ at the 

15 end; and 

16 (2) by adding a new subitem (DD) as follows: 

17 ‘‘(DD) who is or was 

18 the bona fide spouse of an 

19 alien who is now a Lawful 

20 Permanent Resident.’’. 

21 SEC. 205. BATTERED SPOUSE AND FAMILY MEMBER PRO22 TECTIONS. 

23 (a) SELF-PETITIONING FOR ABANDONED

24 SPOUSES.— 


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1 (1) ABANDONED SPOUSES OF U.S. CITIZENS.— 

2 Section 204(a)(1)(A)(iii)(I)(bb) of the Immigration 

3 and Nationality Act (8 U.S.C. 

4 1154(a)(1)(A)(iii)(I)(bb)) is amended by inserting 

5 ‘‘abandoned,’’ before ‘‘battered’’. 

6 (2) ABANDONED SPOUSES OF LAWFUL PERMA7 NENT RESIDENTS.—Section 204(a)(1)(B)(ii)(I)(bb) 

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

9 1154(a)(1)(B)(ii)(I)(bb)) is amended by inserting 

10 ‘‘abandoned,’’ before ‘‘battered’’. 

11 (b) IMPROVED ACCESS TO VAWA SELF-PETI12 TIONING.— 

13 (1) ABUSED IMMIGRANT SPOUSES OF UNITED

14 STATES CITIZENS.—Section 204(a)(1)(A) of the Im15 migration and Nationality Act (8 U.S.C. 

16 1154(a)(1)(A)) is amended— 

17 (A) in clause (iii)(I)(bb) by striking ‘‘dur18 ing the marriage or relationship intended by the 

19 alien to be legally a marriage,’’; 

20 (B) in clause (iii)(II)(aa)(CC)(bbb) by 

21 striking ‘‘related to an incident of domestic vio22 lence’’; 

23 (C) in clause (iii)(II)(aa)— 

24 (i) by striking subitem (CC)(ccc); and 


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1 (ii) by inserting after (CC) the fol2 lowing: 

3 ‘‘(DD) who was a bona 

4 fide spouse of a United 

5 States citizen whose mar6 riage was legally terminated. 

7 Applications under this sub8 section must be filed within 

9 2 years beginning on the 

10 date that the alien spouse 

11 receives actual notice of the 

12 final court order legally ter13 minating the marriage;’’; 

14 and 

15 (D) in clause (iii)(II)(dd) by inserting ‘‘at 

16 any time’’ before ‘‘resided with’’. 

17 (2) ABUSED IMMIGRANT SPOUSES OF LAWFUL

18 PERMANENT RESIDENTS.—Section 204(a)(1)(B) of 

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

20 1154(a)(1)(B)) is amended— 

21 (A) in clause (ii)(I)(bb) by striking ‘‘dur22 ing the marriage or relationship intended by the 

23 alien to be legally a marriage,’’; 

24 (B) in clause (ii)(II)(aa), by striking 

25 subitem (CC), and inserting the following: 


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1 ‘‘(CC) who was a bona 

2 fide spouse of a lawful per3 manent resident within the 

4 past two years and whose 

5 spouse lost status within the 

6 past 2 years due to an inci7 dent of battering or extreme 

8 cruelty; or 

9 ‘‘(DD) who was a bona 

10 fide spouse of a lawful per11 manent resident whose mar12 riage was legally terminated. 

13 Applications under this sub14 section must be filed within 

15 2 years beginning on the 

16 date that the alien spouse 

17 receives actual notice of the 

18 final court order legally ter19 minating the marriage;’’; 

20 and 

21 (C) in clause (ii)(II)(dd) is amended by in22 serting ‘‘at any time’’ before ‘‘resided with’’. 

23 (c) SURVIVAL OF RIGHTS TO SELF-PETITION.—Sec24 tion 204(h) of the Immigration and Nationality Act (8 


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1 U.S.C. 1154(h)) is amended by striking ‘‘was approved’’ 

2 and inserting ‘‘has been filed’’. 

3 (d) EXPANSION OF PROTECTIONS.—Section 

4 212(d)(5) of the Immigration and Nationality Act (8 

5 U.S.C. (d)(5)) is amended by adding at the end the fol6 lowing: 

7 ‘‘(C) The Secretary of Homeland Security 

8 shall grant parole under subparagraph (A) to 

9 the following: 

10 ‘‘(i) A VAWA self-petitioner whose pe11 tition was approved based on the petitioner 

12 or a child of the petitioner having been 

13 battered or subjected to extreme cruelty by 

14 a United States citizen spouse, parent, or 

15 son or daughter. 

16 ‘‘(ii) A VAWA self-petitioner whose 

17 petition was approved based on the peti18 tioner or a child of the petitioner having 

19 been battered or subjected to extreme cru20 elty by a lawful permanent resident spouse 

21 or parent. 

22 ‘‘(iii) An alien whose petition was ap23 proved or who qualifies to be classified as 

24 a nonimmigrant described in section 

25 101(a)(15)(U)(ii). 


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1 ‘‘(iv) The child of an alien described 

2 in clauses (i), (ii), (iii), or (iv) of this sub3 section who is outside of the United States. 

4 ‘‘(v) The child of an alien described in 

5 clauses (v) of this subsection who is out6 side of the United States. 

7 ‘‘(D) The grant of parole under clause (i), 

8 (ii), or (iii) of subparagraph (C) shall extend 

9 from the date of approval of the applicable peti10 tion to the time the application for adjustment 

11 of status filed by aliens covered under such sub12 paragraphs has been finally adjudicated. Appli13 cations for adjustment of status filed by aliens 

14 covered under such clauses shall be treated as 

15 if they were applications filed under section 

16 204(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii) for 

17 purposes of section 245(a) and (c). The grant 

18 of parole under subparagraph clause (iv) or (v) 

19 of such subparagraph shall extend from the 

20 date of the determination of the Secretary of 

21 State described in such subparagraph to the 

22 time the application for status under section 

23 101(a)(15)(U)(ii) has been finally adjudicated. 

24 Failure by any alien covered by subparagraph 

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1 tition on the alien’s behalf may result in revoca2 tion of parole.’’. 

3 (e) SELF-PETITIONING BY CHILDREN OF BIGAMY.— 

4 (1) Section 201(a)(1)(A)(iv) of the Immigration 

5 and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is 

6 amended to read as follows: 

7 ‘‘(iv) An alien may file a petition with 

8 the Secretary under this subparagraph for 

9 classification of the alien (and any spouse 

10 or child of the alien) if the alien dem11 onstrates to the Secretary that the alien 

12 has been battered by or has been the sub13 ject of extreme cruelty perpetrated by the 

14 alien’s citizen parent and that the alien— 

15 ‘‘(I)(aa) is the child or incapaci16 tated son or daughter of a citizen of 

17 the United States; 

18 ‘‘(bb) was a child or incapaci19 tated son or daughter of a United 

20 States citizen parent who within the 

21 past 2 years lost or renounced citizen22 ship status; 

23 ‘‘(cc) who believed that he or she 

24 was the child of a citizen of the 

25 United States— 


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1 ‘‘(AA) because a marriage 

2 ceremony was actually performed 

3 between the U.S. citizen and 

4 alien’s other parent; and 

5 ‘‘(BB) the alien’s other par6 ent otherwise meets any applica7 ble requirements under this Act 

8 to establish the existence of and 

9 bona fides of a marriage, but the 

10 marriage is not legitimate solely 

11 because of the bigamy of such 

12 citizen of the United States; or 

13 ‘‘(dd) was a child of a United 

14 States citizen parent— 

15 ‘‘(AA) who within the past 2 

16 years (or, if later, 2 years after 

17 the date the child attains 18 

18 years of age) died; or 

19 ‘‘(BB) whose marriage to 

20 the alien’s parent was termi21 nated, including by divorce, an22 nulment, or by death of the nat23 ural parent or the abusive step24 parent; 


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1 ‘‘(II) is a person of good moral 

2 character; 

3 ‘‘(III) is eligible to be classified 

4 as an immediate relative under section 

5 1151(b)(2)(A)(i) of this title; and 

6 ‘‘(IV) resides, or has resided in 

7 the past, with the citizen parent (for 

8 purposes of this clause, residence in9 cludes any period of visitation).’’. 

10 (2) Section 204(a)(1)(B)(iii) of the Immigration 

11 and Nationality Act (8 U.S.C. 1154(a)(1)(b)(iii)) is 

12 amended to read as follows: 

13 ‘‘(iii) An alien may file a petition with 

14 the Secretary under this subparagraph for 

15 classification of the alien (and any spouse 

16 or child of then alien) under such section 

17 if the alien demonstrates to the Secretary 

18 that the alien has been battered by or has 

19 been the subject of extreme cruelty per20 petrated by the alien’s permanent resident 

21 parent and that the alien— 

22 ‘‘(I)(aa) is the child or incapaci23 tated son or daughter of an alien law24 fully admitted for permanent resi25 dence; 


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1 ‘‘(bb) was the child or incapaci2 tated son or daughter of a lawful per3 manent resident who within the past 2 

4 years lost lawful permanent resident 

5 status; 

6 ‘‘(cc) believed that he or she was 

7 a child of an alien stepparent lawfully 

8 admitted for permanent residence— 

9 ‘‘(AA) because a marriage 

10 ceremony was actually performed 

11 between the lawful permanent 

12 resident and alien’s other parent; 

13 and 

14 ‘‘(BB) the alien’s other par15 ent otherwise meets any applica16 ble requirements under this Act 

17 to establish the existence of and 

18 bona fides of marriage, but the 

19 marriage is not legitimate solely 

20 because of the bigamy of such 

21 alien lawfully admitted for per22 manent residence; or 

23 ‘‘(dd) was a child of a lawful per24 manent resident— 


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1 ‘‘(AA) who within the past 2 

2 years (or, if later, 2 years after 

3 the date the child attains 18 

4 years of age) died; or 

5 ‘‘(BB) whose marriage to 

6 the alien child’s parent was ter7 minated, including by divorce, 

8 annulment, or by death of the 

9 natural parent or the abusive 

10 stepparent; 

11 ‘‘(II) is a person of good moral 

12 character, who is eligible for classi13 fication under section 1153(a)(2)(A) 

14 of this title; and 

15 ‘‘(III) resides, or has resided in 

16 the past, with the alien’s permanent 

17 resident alien parent (for purposes of 

18 this clause, residence includes any pe19 riod of visitation).’’. 

20 (f) PROTECTION FOR CHILDREN OF VAWA SELF21 PETITIONERS.—Section 204(l)(2) of the Immigration and 

22 Nationality Act (8 U.S.C. 1154(l)(2)) is amended— 

23 (1) in subparagraph (E), by striking ‘‘or’’ at 

24 the end; 


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1 (2) by redesignating subparagraph (F) as sub2 paragraph (G); and 

3 (3) by inserting after subparagraph (E) the fol4 lowing: 

5 ‘‘(F) a child of an alien who filed a pend6 ing or approved petition for classification or ap7 plication for adjustment of status or other ben8 efit specified in section 101(a)(51) as a VAWA 

9 self-petitioner; or’’. 

10 (g) SELF-PETITIONING RIGHTS UNDER SECTION

11 203 OF NACARA.—Section 309 of the Illegal Immigra12 tion and Reform and Immigrant Responsibility Act of 

13 1996 (division C of Public Law 104–208; 8 U.S.C. 1101 

14 note), as amended by section 203(a) of the Nicaraguan 

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

16 1255 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 the Violence Against 

19 Women Act of 2000— 

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

21 (BB); 

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

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

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

25 subitem: 


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1 ‘‘(DD) at the time at 

2 which the spouse or child 

3 files an application for sus4 pension of deportation or 

5 cancellation of removal; 

6 and’’; 

7 (2) in subsection (f), in paragraph (1), by in8 serting ‘‘including subsections (VI) and (VII)’’ after 

9 ‘‘the alien is described in subsection (c)(5)(C)(i) of 

10 this section’’; and 

11 (3) in subsection (g)— 

12 (A) by inserting ‘‘(1)’’ before ‘‘Notwith13 standing’’; 

14 (B) by inserting ‘‘subject to paragraph 

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

16 and Nationality Act)),’’; and 

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

18 paragraph: 

19 ‘‘(2) There shall be no limitation on a motion 

20 to reopen removal or deportation proceedings in the 

21 case of an alien who is described in subclause (VI) 

22 or (VII) of subsection (c)(5)(C)(i). Motions to re23 open removal or deportation proceedings in the case 

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1 tion 204(a)(1)(A)(iii) of the Immigration and Na2 tionality Act.’’. 

3 SEC. 206. BATTERED SPOUSE WAIVERS AND CONDITIONAL 

4 RESIDENTS. 

5 (a) GROUNDS FOR HARDSHIP WAIVER FOR CONDI6 TIONAL PERMANENT RESIDENCE FOR INTENDED

7 SPOUSES.—Section 216(c)(4) of the Immigration and Na8 tionality Act (8 U.S.C. 1186a(c)(4)) is amended— 

9 (1) in subparagraph (B)— 

10 (A) by inserting after ‘‘(other than through 

11 the death of the spouse)’’ the following: ‘‘, or 

12 the alien has filed for termination of marriage 

13 and shall furnish proof of termination prior to 

14 the time of adjudication,’’; and 

15 (B) by striking ‘‘or’’ at the end; 

16 (2) in subparagraph (C) by striking the period 

17 and inserting ‘‘, or’’; and 

18 (3) after subparagraph (C) by inserting the 

19 fol1lowing new subparagraph: 

20 ‘‘(D) the alien meets the requirements 

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

22 following the marriage ceremony has been bat23 tered by or was subject to extreme cruelty per24 petrated by his or her intended spouse and was 


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1 not at fault in failing to meet the requirements 

2 of paragraph (1).’’. 

3 (b) TECHNICAL CORRECTIONS.—Section 216(c)(4) of 

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

5 1186a(c)(4)), as amended by subsection (a), is further 

6 amended— 

7 (1) in the matter preceding subparagraph (A), 

8 by striking ‘‘The Attorney General, in the Attorney 

9 General’s’’ and inserting ‘‘The Secretary of Home10 land Security, in the Secretary’s’’; and 

11 (2) in the undesignated paragraph at the end— 

12 (A) in the first sentence, by striking ‘‘At13 torney General’’ and inserting ‘‘Secretary of 

14 Homeland Security’’; 

15 (B) in the second sentence, by striking 

16 ‘‘Attorney General’’ and inserting ‘‘Secretary’’; 

17 (C) in the third sentence, by striking ‘‘At18 torney General.’’ and inserting ‘‘Secretary.’’; 

19 and 

20 (D) in the fourth sentence, by striking 

21 ‘‘Attorney General’’ and inserting ‘‘Secretary’’. 

22 (c) GROUNDS FOR RELIEF.—Such section is further 

23 amended by adding at the end the following: ‘‘An applica24 tion for relief under this paragraph may be based on one 

25 or more grounds specified in subparagraphs (A) through 


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1 (D) and may be amended at any time to change the 

2 ground or grounds for such relief without the application 

3 being resubmitted.’’. 

4 (d) CONFORMING AMENDMENT.—Section 

5 237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) 

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

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

8 216(c)(4)’’. 

9 (e) PROOF OF TERMINATION OF THE MARRIAGE DUE

10 AT FINAL ADJUDICATION THE HARDSHIP WAIVER.—Sec11 tion 216(c)(4)(B) is amended by inserting ‘‘or the alien 

12 has filed for termination of marriage and will furnish 

13 proof of termination by the time of adjudication’’ after 

14 ‘‘terminated (other than through the death of the 

15 spouse)’’; 

16 (f) CHILDREN OF CONDITIONAL RESIDENTS.—In the 

17 case of an alien who meets the requirements of subsection 

18 (c) the Secretary may adjust the status of any child of 

19 the alien as immediate relatives under section 

20 201(b)(2)(A)(i) (8 U.S.C. 1151). 

21 (g) EFFECTIVE DATES.— 

22 (1) The amendments made by subsection (a) 

23 shall apply as if included in the enactment of the Vi24 olence Against Women Act of 2000. 


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1 (2) The amendments made by subsections (b) 

2 and (c) shall apply to applications for relief pending 

3 or filed on or after April 10, 2003. 

4 (3) The amendments made by subsections (d) 

5 and (e) shall take effect upon enactment. 

6 SEC. 207. ASYLUM PROTECTIONS FOR VICTIMS OF VIO7 LENCE AGAINST WOMEN. 

8 (a) Section 101(a)(42) of the Immigration and Na9 tionality Act (8 U.S.C. 1101(a)(42)) is amended by adding 

10 at the end the following: 

11 ‘‘For purposes of determinations under this Act, any 

12 group whose members share a characteristic that is either 

13 immutable or fundamental to identity, conscience, or the 

14 exercise of one’s human rights such that the person should 

15 not be required to change it, shall be deemed a particular 

16 social group, without any additional requirement.’’. 

17 (b) Section 208(b)(1)(B) of the Immigration and Na18 tionality Act (8 U.S.C. 1158(b)(1)(B)) is amended by in19 serting a new clause (iii), as follows, and renumbering 

20 thereafter: 

21 ‘‘(iii) SUPPORTING EVIDENCE ACCEPT22 ED.—Direct or circumstantial evidence, in23 cluding evidence that the State is unable to 

24 protect the applicant or that the State, 

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1 tion against persons like the applicant, 

2 may establish that persecution is on ac3 count of race, religion, nationality, mem4 bership in a particular social group, or po5 litical opinion.’’. 

6 (c) Section 208(d)(6) of the Immigration and Nation7 ality Act (8 U.S.C. 1158(d)(6)) is amended— 

8 (1) by inserting ‘‘(A) IN GENERAL—’’ after 

9 ‘‘(6)’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(B) EXCEPTION.—Subparagraph (A) 

12 shall not apply to an alien who is otherwise eli13 gible for classification or status as a VAWA 

14 self-petitioner, as described in section 

15 101(a)(51) of this Act, or who is otherwise eli16 gible for status either under section 

17 101(a)(15)(T) or section 101(a)(15)(U) of this 

18 Act.’’. 

19 (d) SPOUSES AND CHILDREN OF ASYLUM APPLI20 CANTS UNDER ADJUSTMENT PROVISIONS.— 

21 (1) IN GENERAL.—Section 209(b)(3) of the Im22 migration and Nationality Act (8 U.S.C. 1159(b)(3)) 

23 is amended— 

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

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


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

2 the meaning of section 101(a)(42)(A) at the 

3 time the asylum application was granted; or 

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

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

6 the asylum application was filed,’’. 

7 (2) EFFECTIVE DATE.—The amendments made 

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

9 enactment of this Act and— 

10 (A) section 209(b)(3)(B) of the Immigra11 tion and Nationality Act (8 U.S.C. 

12 1159(b)(3)(B)), as added by paragraph (1)(B), 

13 shall apply to spouses of refugees for whom an 

14 asylum application is granted before, on, or 

15 after such date; and 

16 (B) section 209(b)(3)(C) of such Act (8 

17 U.S.C. 1159(b)(3)(C)), as so added, shall apply 

18 with respect to the child of a refugee for whom 

19 an asylum application is filed before, on, or 

20 after such date. 

21 (e) CHILDREN OF REFUGEE OR ASYLEE SPOUSES

22 AND CHILDREN.—A child of an alien who qualifies for ad23 mission as a spouse or child under section 207(c)(2)(A) 

24 or 208(b)(3) of the Immigration and Nationality Act (8 


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1 U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to 

2 the same admission status as such alien if the child— 

3 (1) is accompanying or following to join such 

4 alien; and 

5 (2) is otherwise admissible under such section 

6 207(c)(2)(A) or 208(b)(3). 

7 (f) ELIMINATION OF ARBITRARY TIME LIMITS ON

8 ASYLUM APPLICATIONS.—Section 208(a)(2) of the Immi9 gration and Nationality Act (8 U.S.C. 1158(a)(2)) is 

10 amended— 

11 (1) by striking subparagraph (B); 

12 (2) by redesignating subparagraphs (C) and 

13 (D) as subparagraphs (B) and (C), respectively; 

14 (3) in subparagraph (B), as redesignated, by 

15 striking ‘‘(D)’’ and inserting ‘‘(C)’’; 

16 (4) by striking subparagraph (C), as redesig17 nated, and inserting the following: 

18 ‘‘(C) CHANGED CIRCUMSTANCES.—Not19 withstanding subparagraph (B), an application 

20 for asylum of an alien may be considered if the 

21 alien demonstrates, to the satisfaction of the 

22 Attorney General, the existence of changed cir23 cumstances that materially affect the appli24 cant’s eligibility for asylum.’’; and 

25 (5) by striking subparagraph (E). 


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1 (g) PROTECTIONS FOR MINORS SEEKING ASYLUM.— 

2 Section 208 of the Immigration and Nationality Act (8 

3 U.S.C. 1158) is amended— 

4 (1) in subsection (a)(2), by adding at the end 

5 the following: 

6 ‘‘(D) APPLICABILITY TO MINORS.—Sub7 paragraphs (A) and (B) do not apply to an ap8 plicant who is younger than 18 years of age on 

9 the earlier of— 

10 ‘‘(i) the date on which the asylum ap11 plication is filed; or 

12 ‘‘(ii) the date on which any Notice to 

13 Appear is issued.’’; and 

14 (2) in subsection (b)(3)(C), by striking ‘‘unac15 companied alien child (as defined in section 462(g) 

16 of the Homeland Security Act of 2002 (6 U.S.C. 

17 279(g))),’’ and inserting: ‘‘applicant who is younger 

18 than 18 years of age on the earlier of— 

19 ‘‘(i) the date on which the asylum ap20 plication is filed; or 

21 ‘‘(ii) the date on which any Notice to 

22 Appear is issued,’’. 

23 SEC. 208. PROTECTIONS FROM REMOVAL FOR VICTIMS. 

24 (a) EXCEPTION FOR VAWA SELF-PETITIONERS.— 

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1 tionality Act (8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is amend2 ed— 

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

4 (2) by striking ‘‘if ‘violation of the terms of the 

5 alien’s nonimmigrant visa were substituted for un6 lawful entry into the United States’ in subclause 

7 (III) of that paragraph’’. 

8 (b) WAIVERS FOR ABUSED ALIENS.—Section 

9 212(a)(9)(C)(iii) of the Immigration and Nationality Act 

10 (8 U.S.C. 1182(a)(9)(C)(iii)) is amended— 

11 (1) by inserting ‘‘or the Attorney General’’ 

12 after ‘‘Secretary of Homeland Security’’; and 

13 (2) by striking the language following ‘‘clause 

14 (i)’’ and inserting ‘‘for humanitarian purposes, to 

15 assure family unity, when it is otherwise in the pub16 lic interest, or in the case of an alien who is apply17 ing for or has a claim of relief as a VAWA self-peti18 tioner’’. 

19 (c) EXEMPTION FROM PUBLIC CHARGE GROUND.— 

20 (1) IN GENERAL.—Section 212(a)(4) of the Im21 migration and Nationality Act (8 U.S.C. 1182(a)(4)) 

22 is amended by adding at the end the following new 

23 subparagraph: 

24 ‘‘(E) SPECIAL RULE FOR QUALIFIED

25 ALIEN VICTIMS.—Subparagraphs (A) through 


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1 (C) shall not apply to an alien who is a VAWA 

2 self-petitioner, is an applicant or has been 

3 granted status under section 101(a)(15)(U), or 

4 is a qualified alien described in section 431(c) 

5 of the Personal Responsibility and Work Oppor6 tunity Reconciliation Act of 1996.’’. 

7 (2) CONFORMING AMENDMENT.—Section 

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

9 1182(a)(4)(C)(i)) is amended to read as follows: 

10 ‘‘(i) the alien is described in subpara11 graph (E); or’’. 

12 (3) EFFECTIVE DATE.—The amendments made 

13 by this section shall take effect on the date of the 

14 enactment of this Act and shall apply regardless of 

15 whether the alien’s application was filed before, on, 

16 or after such date. 

17 (d) WAIVER FOR FALSE CLAIMS TO UNITED STATES

18 CITIZENSHIP.—Section 212(a)(6)(C)(ii) of the Immigra19 tion and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is 

20 amended— 

21 (1) by adding at the end the following new sub22 clause: 

23 ‘‘(III) EXCEPTION.—An alien 

24 who is a VAWA self-petitioner shall 

25 not be considered to be inadmissible 


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1 under any provision of this subsection 

2 based on such representation.’’. 

3 (2) Section 101(f) of the Immigration and Na4 tionality Act (8 U.S.C. 1101(f)) is amended— 

5 (A) in the last sentence of this subsection, 

6 by striking ‘‘,’’ after ‘‘or violation that he or she 

7 was a citizen’’; and 

8 (B) by inserting ‘‘; or the alien is a VAWA 

9 self-petitioner;’’ after ‘‘violation that he or she 

10 was a citizen’’. 

11 (e) WAIVER FOR CERTAIN VAWA SELF-PETI12 TIONERS.—Section 212(d)(11) of the Immigration and 

13 Nationality Act (8 U.S.C. 1182(d)(11)) is amended by 

14 adding at the end the following: ‘‘The Attorney General 

15 may waive the application of clause (i) of subsection 

16 (a)(6)(E) in the case of an alien who is a VAWA self17 petitioner.’’. 

18 (f) WAIVER AUTHORIZED.—Section 212(a)(9)(A) of 

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

20 1182(a)(9)(A)) is amended by adding at the end the fol21 lowing new clause: 

22 ‘‘(iv) WAIVER FOR VAWA SELF-PETI23 TIONER.—The Attorney General or the 

24 Secretary may waive the application of 


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1 clauses (i) or (ii) if the alien is applying 

2 for relief as a VAWA self-petitioner.’’. 

3 (g) CONFORMING RELIEF IN SUSPENSION OF DE4 PORTATION PARALLEL TO THE RELIEF AVAILABLE IN

5 THE VIOLENCE AGAINST WOMEN ACT OF 2000 CAN6 CELLATION FOR BIGAMY.— 

7 (1) IN GENERAL.—Section 244(a)(3) of the Im8 migration and Nationality Act (8 U.S.C. 

9 1254a(a)(3)) (as in effect before the title III–A ef10 fective date in section 309 of the Illegal Immigration 

11 Reform and Immigrant Responsibility Act of 1996) 

12 shall be applied as if ‘‘or by a United States citizen 

13 or lawful permanent resident whom the alien in14 tended to marry, but whose marriage is not legiti15 mate because of that United States citizen’s or per16 manent resident’s bigamy’’ were inserted after ‘‘by a 

17 spouse or parent who is a United States citizen or 

18 lawful permanent resident’’. 

19 (2) EFFECTIVE DATE.—The provisions of para20 graph (1) shall apply as if included in the enactment 

21 of the Violence Against Women Act of 2000. 

22 (h) APPLICATION OF VAWA MOTIONS TO REOPEN

23 RULES CRIME VICTIMS.—Section 240(c)(7)(C)(iv) of the 

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

25 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) 


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1 of the REAL ID Act of 2005 (division B of Public Law 

2 109–13), is amended— 

3 (1) in the first clause by deleting ‘‘and par4 ents—’’ and adding ‘‘parents, trafficking victims 

5 and crime victims—’’; 

6 (2) by amending subclause (I) to read as fol7 lows: 

8 ‘‘(I) if the basis for this motion is 

9 to apply for relief under sections 

10 101(a)(15)(T), 101(a)(15(U), 245(a), 

11 245(c), 245(l), 245(m), 240A(b)(2), 

12 and section 244(a)(3) (as in effect on 

13 March 31, 1997) or as a VAWA self14 petitioner;’’; 

15 (3) by amending subclause (II) to read as fol16 lows: 

17 ‘‘(II) if the motion is accom18 panied by a cancellation of removal or 

19 adjustment of status application to be 

20 filed with the Attorney General or by 

21 a copy of the self-petition, or the ap22 plication for relief under 

23 101(a)(15)(T) or (U), that has been 

24 or will be filed with the Department 

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1 ing of the motion to reopen; and’’; 

2 and 

3 (4) in the last paragraph of this section— 

4 (A) by inserting ‘‘or an alien who qualifies 

5 for classification under 101(a)(15(U)’’ after 

6 ‘‘Act of 1996 (8 U.S.C. 1641(c)(1)(B))’’; and 

7 (B) by inserting ‘‘ or an alien that quali8 fies for classification under 101(a)(15)(U)’’. 

9 (i) IN GENERAL.—Section 241 of the Immigration 

10 and Nationality Act (8 U.S.C. 1231) is amended by add11 ing at the end the following new subsection: 

12 ‘‘(h) Any alien with a pending application under 

13 101(a)(15)(T)(i) or T(i), 101(a)(15)(U)(i) or (U)(ii), 

14 101(a)(51), 240A(b)(2), or 244(a)(3) (as in effect on 

15 March 31, 1997), shall not be ordered removed under this 

16 section.’’. 

17 SEC. 209. NATURALIZATION. 

18 (a) IN GENERAL.—Section 319(a) of the Immigra19 tion and Nationality Act (8 U.S.C. 1430(a)) is amended 

20 to read as follows: 

21 ‘‘(a)(1) Any person who is— 

22 ‘‘(A) a spouse of citizen of the United States; 

23 or 

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1 jected to extreme cruelty by a United States citizen 

2 who is or was a spouse, parent, son or daughter; and 

3 ‘‘(2) may be naturalized— 

4 ‘‘(A) upon compliance with all the requirement 

5 of this title except the provisions of paragraph (1) 

6 of section 316(a); 

7 ‘‘(B) if such person immediately preceding the 

8 date of filing his or her application for naturaliza9 tion has resided continuously, after being lawfully 

10 admitted for permanent residence, within the United 

11 States for at least three years; 

12 ‘‘(C)(i) during the three years immediately pre13 ceding the date of filing his or her application has 

14 been living in marital union with the citizen spouse 

15 who has been a United States citizen during all of 

16 such period; and 

17 ‘‘(ii) in the case of a person who has been bat18 tered or subjected to extreme cruelty by a United 

19 States citizen spouse, parent, son or daughter, the 

20 requirement of subsection (C)(i) shall not apply re21 gardless of whether the lawful permanent resident 

22 status was obtained on the basis of such battery or 

23 cruelty; 

24 ‘‘(D) has been physically present in the United 

25 States for periods totally at least half of the time; 


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1 ‘‘(E)(i) has resided within the State or district 

2 of the Services in the United States in which the ap3 plicant filed his or her application for at least three 

4 months; or 

5 ‘‘(ii) applications for naturalization filed under 

6 paragraph (a)(1)(B) of this section shall be handled 

7 under the procedures that apply to aliens seeking re8 lief under section 101(a)(51) of the Immigration and 

9 Nationality Act; and 

10 ‘‘(F) the provisions of section 204(a)(1)(J) 

11 shall apply in acting on an application under this 

12 subsection in the same manner as they apply in act13 ing on petitions referred to in such section.’’. 

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

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

16 of this Act and shall apply to applications for naturaliza17 tion filed before, on, or after the date of the enactment 

18 of this Act. 

19 SEC. 210. GENERAL PROVISIONS. 

20 (a) EXPANSION OF FEE WAIVERS TO CONSULAR

21 FEES AND ANY FEES IN REMOVAL PROCEEDINGS.—Sec22 tion 245(l)(7) of the Immigration and Nationality Act (8 

23 U.S.C. 1255(l)(7)) is amended to insert ‘‘the Secretary of 

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1 tion Appeals’’ after ‘‘The Secretary of Homeland Secu2 rity’’. 

3 (b) REVIEW OF EXTREME CRUELTY.—Section 

4 204(a)(1) of the Immigration and Nationality Act (8 

5 U.S.C 1154(a)(1)) is amended by adding at the end the 

6 following: 

7 ‘‘(M) For the purposes of this section and 

8 in all cases described in section 101(a)(51), 

9 under section 106, under section 240A(b)(2), or 

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

11 31, 1997), the determination of the existence of 

12 extreme cruelty is a question of law applied ot 

13 facts and not a discretionary determination.’’. 

14 (c) ALLOWING JUDICIAL REVIEW IN VAWA 

15 CASES.—Section 242(e)(4) of the Immigration and Na16 tionality Act (8 U.S.C. 1252(e)(4)) is amended in sub17 paragraph (A)— 

18 (1) by striking ‘‘or’’; 

19 (2) by inserting ‘‘or’’ after ‘‘under section 

20 208,’’; and 

21 (3) by adding at the end the following new sub22 section: 

23 ‘‘(C) is a VAWA self-petitioner, an appli24 cant for relief under section 101(a)(15)(T) or 

25 (U), an applicant for relief under section 


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1 240A(b)(2), or an applicant for relief under sec2 tion 244(a)(3) (as in effect on March 31, 

3 1997),’’. 

4 (d) VAWA UNIT ADJUDICATIONS.—Section 

5 101(a)(51) of the Immigration and Nationality Act (8 

6 U.S.C. 1101(a)(51)) is amended by adding at the end the 

7 following new paragraph: 

8 ‘‘(52) Applications for relief, adjustment of sta9 tus, employment authorization, parole, deferred ac10 tion, or naturalization, and all administrative deter11 minations relating to such applications under para12 graphs (15)(T), (15)(U), (27)(J), and (51) of this 

13 section, or under section 106 shall be adjudicated at 

14 the VAWA Unit of Vermont Service Center.’’. 

15 SEC. 211. TECHNICAL CORRECTIONS. 

16 (a) TECHNICAL CORRECTION.—Effective as if in17 cluded in the enactment of section 1505(c)(2) of Violence 

18 Against Women Act of 2000, section 237(a)(1)(H)(i)(II) 

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

20 1227(a)(1)(H)(i)(II)) is amended by striking the period 

21 at the end and inserting ‘‘; or’’. 

22 (b) ADDITIONAL TECHNICAL CORRECTION.—Section 

23 237(a)(7)(A)(i)(I) of the Immigration and Nationality Act 

24 (8 U.S.C. 1227(a)(7)(A)(i)(I)) is amended by striking ‘‘is 

25 self-defense’’ and inserting ‘‘in self-defense’’. 


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1 (c) IN GENERAL.—Section 204(a)(1) of the Immigra2 tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend3 ed— 

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

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

6 inserting ‘‘battering or extreme cruelty by the 

7 United States citizen spouse’’; 

8 (2) in subparagraph (A)(iv), by striking ‘‘an in9 cident of domestic violence’’ and inserting ‘‘battering 

10 or extreme cruelty by such parent’’; 

11 (3) in subparagraph (A)(vii)(I), as added by 

12 section 816 of VAWA–2005, is amended by striking 

13 ‘‘related to an incident of domestic violence’’ and in14 serting ‘‘related to battering or extreme cruelty by 

15 the United States citizen son or daughter’’; 

16 (4) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), 

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

18 and inserting ‘‘related to battering or extreme cru19 elty by the lawful permanent resident spouse’’; and 

20 (5) in subparagraph (B)(iii), by striking ‘‘due 

21 to an incident of domestic violence’’ and inserting 

22 ‘‘related to battering or extreme cruelty by such par23 ent’’. 

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

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1 ment of the Violence Against Women Act of 2000, except 

2 that the amendment made by subsection (a)(3) shall apply 

3 as if included in the enactment of VAWA–2005. 

4 (e) CORRECTION OF CROSS-REFERENCE TO CRED5 IBLE EVIDENCE PROVISIONS.— 

6 (1) VAWA SUSPENSION OF DEPORTATION.— 

7 Section 309(c)(5)(C)(iii) of the Illegal Immigration 

8 and Reform and Immigrant Responsibility Act of 

9 1996 (division C of Public Law 104–208; 8 U.S.C. 

10 1101 note), as amended by section 1510(b)(2) of the 

11 Violence Against Women Act of 2000, is amended 

12 by striking ‘‘204(a)(1)(H)’’ and inserting 

13 ‘‘204(a)(1)(J)’’. 

14 (2) EFFECTIVE DATE.—The amendments made 

15 by this section shall take effect as if included in the 

16 enactment of the Violence Against Women Act of 

17 2000. 

18 (f) MISCELLANEOUS CORRECTIONS TO VAWA– 

19 2005.— 

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

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

22 1154(a)(1)(D)), is amended by striking ‘‘a petitioner 

23 for preference status under paragraph (1), (2), or 

24 (3) of section 203(a), whichever paragraph is appli25 cable’’ and inserting ‘‘to continue to be treated as an 


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1 immediate relative under section 201(b)(2)(A)(i), or 

2 to be a petitioner for preference status under section 

3 203(a)(3) if subsequently married or a petitioner for 

4 preference status under section 203(a)(2)(A), which5 ever is applicable’’. 

6 (2) EFFECTIVE DATE.—The amendments made 

7 by subsection (a) shall apply to applications filed be8 fore, on, or after the date of the enactment of the 

9 Violence Against Women Act of 2000. 

10 TITLE III—VAWA 

11 CONFIDENTIALITY 

12 SEC. 301. VAWA CONFIDENTIALITY IMPROVMENTS. 

13 (a) VAWA CONFIDENTIALITY MOVED FROM

14 IIRAIRA.— 

15 (1) IN GENERAL.—The Illegal Immigration Re16 form and Immigration Responsibility Act of 1996 

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

18 1367(a)) is amended by striking section 384. 

19 (2) CONFORMING AMENDMENT.—Section 

20 239(e)(1) of the Immigration and Nationality Act (8 

21 U.S.C. 1229(e)(1)) is amended by striking ‘‘section 

22 384 of the Illegal Immigration Reform and Immi23 grant Responsibility Act of 1996 (8 U.S.C. 1367)’’ 

24 and inserting ‘‘section 245B’’. 


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1 (b) INSERTION OF VAWA CONFIDENTIALITY IN THE

2 INA.—The Immigration and Nationality Act (8 U.S.C. 

3 1101 et seq.) is amended by inserting after section 245A 

4 the following: 

5 ‘‘SEC. 245B. CONFIDENTIALITY OF CERTAIN INFORMATION 

6 RELATING TO BATTERED ALIENS. 

7 ‘‘(a) IN GENERAL.—Except as provided in subsection 

8 (c) of this section, enforcement official may not— 

9 ‘‘(1) make an adverse determination, using in10 formation furnished by a VAWA perpetrator, on— 

11 ‘‘(A) admissibility of an alien, 

12 ‘‘(B) deportability of an alien, 

13 ‘‘(C) detention of an alien, 

14 ‘‘(D) any application for immigration relief 

15 of an alien, or 

16 ‘‘(E) whether or not to initiate an enforce17 ment action against an alien, 

18 unless the alien has been convicted of a crime or 

19 crimes listed in section 237; or 

20 ‘‘(2) permit use by or disclosure to anyone 

21 (other than a sworn officer or employee of the De22 partment, or bureau or agency thereof, for legiti23 mate Department, bureau, or agency purposes) of 

24 any information which relates to an alien who is the 

25 beneficiary of an application for relief under— 


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1 ‘‘(A) paragraph (15)(T), (15)(U), or (51) 

2 of section 101(a); 

3 ‘‘(B) section 106; 

4 ‘‘(C) section 240A(b)(2); 

5 ‘‘(D) section 287(h); or 

6 ‘‘(E) section 244(a)(3) (as in effect prior 

7 to March 31, 1997). 

8 ‘‘(b) DURATION OF LIMITATION ON DISCLOSURE.— 

9 Notwithstanding section 552 of title 5, United States 

10 Code, the limitation under paragraph (2) ends when the 

11 application for relief is denied and all opportunities for 

12 appeal of the denial have been exhausted. 

13 ‘‘(c) EXCEPTIONS TO NONDISCLOSURE.— 

14 ‘‘(1) IN THE SAME MANNER AS CENSUS INFOR15 MATION.—The Attorney General may provide, in the 

16 Attorney General’s discretion, for the disclosure of 

17 information in the same manner and circumstances 

18 as census information may be disclosed by the Sec19 retary of Commerce under section 8 of title 13, 

20 United States Code. 

21 ‘‘(2) FOR LAW ENFORCEMENT PURPOSES.—The 

22 Attorney General may provide in the discretion of 

23 the Attorney General for the disclosure of informa24 tion to Federal law enforcement officials to be used 

25 solely for a legitimate law enforcement purpose. 


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1 ‘‘(3) FOR PURPOSES OF JUDICIAL REVIEW.— 

2 Subsection (a) of this section shall not be construed 

3 as preventing disclosure of information in connection 

4 with judicial review of a determination in an immi5 gration case described in subsection (a) of an alien 

6 protected by this section in a manner that protects 

7 the confidentiality of such information. 

8 ‘‘(4) IN ACCORDANCE WITH EXPLICIT WAIVER

9 BY VICTIMS.—Subsection (a)(2) of this section shall 

10 not apply if all the battered individuals in the case 

11 are adults and they have all waived the restrictions 

12 of such subsection. 

13 ‘‘(5) FOR PURPOSES OF DETERMINING ELIGI14 BILITY FOR BENEFITS.—The Attorney General and 

15 the Secretary of Homeland Security are authorized 

16 to disclose information, to Federal, State, and local 

17 public and private agencies providing benefits, to be 

18 used solely in making determinations of eligibility 

19 for benefits pursuant to section section 431(c) of the 

20 Personal Responsibility and Work Opportunity Rec21 onciliation Act of 1996 (8 U.S.C. 1641(c)), in a 

22 manner that protects the confidentiality of such in23 formation. 

24 ‘‘(6) FOR PURPOSES OF CONGRESSIONAL OVER25 SIGHT.—Subsection (a) of this section may not be 


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1 construed to prevent the Attorney General and the 

2 Secretary of Homeland Security from disclosing to 

3 the chairmen and ranking members of the Com4 mittee on the Judiciary of the Senate or the Com5 mittee on the Judiciary of the House of Representa6 tives, for the exercise of congressional oversight au7 thority, information on closed cases under this sec8 tion in a manner that protects the confidentiality of 

9 such information and that omits personally identi10 fying information (including locational information 

11 about individuals). 

12 ‘‘(7) FOR PURPOSES OF ASSISTING VICTIMS IN

13 OBTAINING SERVICES.—Government entities adjudi14 cating applications for relief under subsection (a)(2) 

15 of this section, and government personnel carrying 

16 out mandated duties under section 101(i)(1), may, 

17 with the prior written consent of the alien involved, 

18 communicate with nonprofit, nongovernmental vic19 tims’ service providers for the sole purpose of assist20 ing victims in obtaining victim services from pro21 grams with expertise working with immigrant vic22 tims. Agencies receiving referrals are bound by the 

23 provisions of this section. Nothing in this paragraph 

24 shall be construed as affecting the ability of an ap25 plicant to designate a safe organization through 


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1 whom governmental agencies may communicate with 

2 the applicant. 

3 ‘‘(d) PENALTIES FOR VIOLATION.—Anyone who 

4 knowingly uses, publishes, or permits information to be 

5 disclosed in violation of this section or who knowingly 

6 makes a false certification under section 239(e) shall be 

7 subject to appropriate disciplinary action and subject to 

8 a civil money penalty of not more than $5,000 for each 

9 such violation. 

10 ‘‘(e) GUIDANCE.—The Attorney General and the Sec11 retary of Homeland Security shall provide guidance to of12 ficers and employees of the Department of Justice or the 

13 Department of Homeland Security who have access to in14 formation covered by this section regarding the provisions 

15 of this section, including the provisions to protect victims 

16 of domestic violence from harm that could result from the 

17 inappropriate disclosure of covered information. 

18 ‘‘(f) REQUIREMENT TO PROVIDE INFORMATION

19 ABOUT ELIGIBILITY FOR IMMIGRATION RELIEF.—When 

20 information is furnished by a VAWA perpetrator, the Fed21 eral, State, or local agency receiving the information shall, 

22 within 24 hours, provide to the alien to whom the informa23 tion pertains informational materials about eligibility for 

24 relief under sections 101(a)(51), 101(a)(15)(T), 

25 101(a)(15)(U), 287(h), 106, 240A(b)(2), 244(a)(3) (as in 


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1 effect on March 31, 1997) along with referrals to local 

2 victim services agencies. 

3 ‘‘(g) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘enforcement officer’ means— 

5 ‘‘(A) the Attorney General; 

6 ‘‘(B) the Secretary of Homeland Security; 

7 ‘‘(C) the Secretary of State; 

8 ‘‘(D) any other official or employee of the 

9 Department of Homeland Security, the Depart10 ment of Justice, or the Department of State 

11 (including any bureau or agency of either of 

12 any such Department); or 

13 ‘‘(E) any other State or Federal Govern14 ment officer or employee. 

15 ‘‘(2) The term ‘VAWA perpetrator’ means, with 

16 regard to an alien— 

17 ‘‘(A) a spouse, parent, son, or daughter 

18 who has battered the alien or subjected the 

19 alien to extreme cruelty; 

20 ‘‘(B) a member of the family of the spouse, 

21 parent, son, or daughter of the alien, who has 

22 battered the alien or subjected the alien to ex23 treme cruelty; 

24 ‘‘(C) a spouse, parent, son, or daughter of 

25 the alien who has battered the alien’s child or 


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1 subjected the alien’s child to extreme cruelty 

2 (without the active participation of the alien in 

3 the battery or extreme cruelty); 

4 ‘‘(D) a member of the family of the spouse, 

5 parent, son, or daughter of the alien who has 

6 battered the alien’s child or subjected the 

7 alien’s child to extreme cruelty when the 

8 spouse, parent, son, or daughter consented to 

9 or acquiesced in such battery or cruelty and the 

10 alien did not actively participate in such battery 

11 or cruelty; 

12 ‘‘(E) in the case of an alien subjected to 

13 criminal activities listed in section 

14 101(a)(15)(U)(iii), or an alien applying for sta15 tus under section 101(a)(15)(U), the perpe16 trator of the criminal activity; 

17 ‘‘(F) in the case of an alien subjected to a 

18 severe form of human trafficking or applying 

19 for status— 

20 ‘‘(i) under section 101(a)(15)(T), 

21 ‘‘(ii) under section 

22 7105(b)(1)(E)(i)(II)(bb) of title 22, United 

23 States Code, 


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1 ‘‘(iii) under section 244(a)(3) of this 

2 Act (as in effect prior to March 31, 1999), 

3 or 

4 ‘‘(iv) as a VAWA self-petitioner (as 

5 defined in section 101(a)(51)), 

6 the trafficker or perpetrator; or 

7 ‘‘(G) in the case of an alien who is— 

8 ‘‘(i) a VAWA self petitioner (as de9 fined in section 101(a)(51)), or 

10 ‘‘(ii) an alien described in section 106, 

11 240A(b)(2), 287(h), or 244(a)(3) (as in ef12 fect on March 31, 1997), 

13 a spouse, parent, son or daughter of the alien or a 

14 member of the family of such spouse, parent, son or 

15 daughter who battered the alien (or the alien’s child) 

16 or subjected the alien (or the alien’s child) to bat17 tering or extreme cruelty.’’. 

18 (c) VAWA CONFIDENTIALITY IN REMOVAL PRO19 CEEDINGS.—Section 239(e) of the Immigration and Na20 tionality Act (8 U.S.C. 1229(e)) is amended— 

21 (1) in paragraph (1), by inserting after ‘‘an 

22 alien at’’ the following: ‘‘or within 500 yards of’’; 

23 and 

24 (2) in paragraph (2)(A), by inserting after ‘‘su25 pervised visitation center’’ the following: ‘‘hospital, 


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1 Federally qualified health center, governmental and 

2 nongovernmental child, elder and adult protective 

3 services agency, school and head start program, reli4 gious or faith-based organization’’. 

5 (d) EXPANSION OF DEFINITION OF VAWA SELF-PE6 TITIONER.—Section 101(a)(51) of the Immigration and 

7 Nationality Act (8 U.S.C. 1101(a)(51)) is amended— 

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

9 the end; 

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

11 at the end and inserting the following: ‘‘;’’; and 

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

13 ‘‘(H) section 106; and 

14 ‘‘(I) special immigrant juveniles described 

15 in section 287(h).’’. 

16 (e) ADDITIONAL REQUIREMENTS FOR SECTION

17 287(g) AGREEMENTS.—Section 287(g) of the Immigra18 tion and Nationality Act (8 U.S.C. 1357(g)) is amended 

19 by adding at the end the following: 

20 ‘‘(11)(A) All agreements (new or renewed) 

21 under this subsection executed by the Attorney Gen22 eral after the date of enactment of this subpara23 graph shall require that an officer or employee of a 

24 State or political subdivision of a State performing 


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1 a function under the agreement shall, as a term of 

2 the agreement— 

3 ‘‘(i) comply with policies, procedures and 

4 practices established by that State or subdivi5 sion that are publicized in the jurisdictions the 

6 officer or employee serves; 

7 ‘‘(ii) issue certifications for non-citizen vic8 tims under section 101(a)(15)(U); and 

9 ‘‘(iii) comply with and not violate the re10 quirements of section 245B in the same manner 

11 and subject to the same sanctions as an em12 ployee of the Department of Homeland Secu13 rity. 

14 ‘‘(B) Not later than 180 days after entering 

15 into an agreement under this subsection, and annu16 ally thereafter, the State or subdivision shall report 

17 to the Department of Homeland Security the fol18 lowing— 

19 ‘‘(i) the number of requests for certifi20 cation under section 101(a)(15)(U); 

21 ‘‘(ii) the number of U-visa certifications 

22 issued; 

23 ‘‘(iii) the number of T-visa endorsements 

24 requests received; and 


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1 ‘‘(iv) the number of T-visa certifications 

2 issued. 

3 ‘‘(C) The Secretary of Homeland Security shall 

4 submit an annual report to Congress listing the 

5 name of each State or subdivision and the informa6 tion provided under subparagraph (B).’’. 

7 TITLE IV—TRAINING 

8 IMPROVEMENTS 

9 SEC. 401. TRAINING. 

10 (a) TRAINING OF IMMIGRATION JUDGES IN THE EX11 ECUTIVE OFFICE OF IMMIGRATION REVIEW.—Personnel 

12 of the Department of Homeland Security, the Department 

13 of Justice and the State Department who are in a position 

14 to come in contact with alien victims of crime shall be 

15 trained in identifying, making determinations regarding 

16 and providing for the protection of crime victims who have 

17 or may be eligible to apply for relief under Immigration 

18 and Nationality Act sections 101(a)(15)(T), 

19 101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) 

20 (as in effect on March 31, 1999) or section 

21 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protec22 tion Act of 2000 (22 U.S.C. 710). Trainings developed 

23 under this paragraph shall include information on the 

24 range of forms of immigration relief available to help im25 migrant crime victims and the requirements of VAWA 


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1 confidentiality 384 of the Illegal Immigration Reform and 

2 Immigrant Responsibility Act of 1996 (8 U.S.C. 1367). 

3 Officials to receive ongoing training include but are not 

4 limited to— 

5 (1) Department of Justice— 

6 (A) immigration judges; 

7 (B) the Board of Immigration Appeals; 

8 and 

9 (C) officials responsible for investigating, 

10 prosecuting and adjudicating VAWA confiden11 tiality violations of section 384 of the Illegal 

12 Immigration Reform and Immigrant Responsi13 bility Act of 1996 (8 U.S.C. 1367); 

14 (2) Department of Homeland Security— 

15 (A) the Administrative Appeals Unit em16 ployees; 

17 (B) VAWA Unit employees; 

18 (C) officials responsible for investigating, 

19 prosecuting and adjudicating VAWA confiden20 tiality violations of section 384 of the Illegal 

21 Immigration Reform and Immigrant Responsi22 bility Act of 1996 (8 U.S.C. 1367); 

23 (D) personnel involved in immigration en24 forcement at Immigration and Customs En25 forcement and Customs and Border Patrol; 


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1 (E) Immigration and Customs Enforce2 ment trial attorneys; and 

3 (F) all personnel involved in managing or 

4 supervising the VAWA Unit or ICE trial attor5 neys; and 

6 (3) Department of State— 

7 (A) consular officials; and 

8 (B) officials responsible for coordination of 

9 State Department efforts regarding application 

10 for relief under Immigration and Nationality 

11 Act sections 101(a)(15)(T), 101(a)(15)(U), 

12 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in 

13 effect on March 31, 1999) or section 

14 107(b)(1)(E)(i)(II)(bb) of the Trafficking Vic15 tims Protection Act of 2000 (22 U.S.C. 710). 

16 (b) Any training program conducted in satisfaction 

17 of the requirement of paragraph (a) has been or will be 

18 developed with input from and in collaboration nonprofit, 

19 nongovernmental experts with experience working with im20 migrant victims of domestic violence, sexual assault, or 

21 human trafficking. 

22 (c) Within 180 days after the effective date of this 

23 act, the Secretary of the Department of Homeland Secu24 rity, the Attorney General, and the Department of State 

25 shall in consultation with the Office of Policy and Strategy 


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1 of U.S. Citizenship and Immigration Services shall estab2 lish program for ongoing training described in paragraph 

3 (a) and shall craft and implement policies and protocols 

4 on the appropriate handling of cases involving victims de5 scribed in or who have filed cases under Immigration and 

6 Nationality Act sections 101(a)(15)(T), 101(a)(15)(U), 

7 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on 

8 March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of the 

9 Trafficking Victims 14 Protection Act of 2000 (22 U.S.C. 

10 710). All policies and procedures developed pursuant to 

11 this section shall be made publically available and posted 

12 on the DHS website. 

13 (d) ACCREDITED REPRESENTATIVE-VICTIM CLIENT

14 PRIVILEGE.— 

15 (1) EXTENDING STATE VICTIM-ADVOCATE

16 PRIVILEGE LAWS TO ACCREDITED REPRESENTA17 TIVES.—It is the Sense of Congress that all States 

18 should promulgate victim-advocate privilege laws and 

19 that State victim-advocate privilege laws should be 

20 implemented in a manner that extends victim-advo21 cate privilege to accredited representatives working 

22 for community-based organizations recognized by the 

23 Board of Immigration Appeals in the representation 

24 of victims in cases filed with the Department of 


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1 Homeland Security, the Board of Immigration Ap2 peals or immigration judges. 

3 (2) REGULATIONS AMENDED TO OFFER AC4 CREDITED REPRESENTATIVE PRIVILEGE.—Within 

5 180 days of enactment, the Board of Immigration 

6 Appeals shall amend 8 C.F.R. 292.1(a)(4) to extend 

7 privilege co-extensive with attorney client privilege to 

8 accredited representatives and qualified recognized 

9 organizations to whom the Board of Immigration 

10 Appeals has provided recognition or accreditation. 

11 SEC. 402. SERVICES FOR TRAFFICKING VICTIMS. 

12 (a) ACCESS TO VICTIM’S SERVICES.— 

13 (1) Subsection 107(c) of the Trafficking Vic14 tims Protection Act of 2000 is amended— 

15 (A) by deleting paragraph (2) and replac16 ing it with the following new paragraph: 

17 ‘‘(2) ACCESS TO INFORMATION AND SERV18 ICES.—Victims and potential victims of severe forms 

19 of trafficking shall have access to information about 

20 their legal rights and shall be provided translation 

21 services. A list of victim services agencies shall be 

22 provided within 24 hours of discovery of a potential 

23 victim. Potential victims shall not be placed in any 

24 local, State, or Federal jail or detention facility un25 less it has clearly been ascertained that an individual 


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1 is not a victim of a severe form of trafficking in per2 sons.’’. 

3 (B) in paragraph (3) by deleting ‘‘Federal 

4 law enforcement officials’’ and inserting ‘‘Any 

5 Federal and local law enforcement agents au6 thorized to investigate trafficking in persons 

7 crimes’’. 

8 (2) Section 103 of the trafficking victims pro9 tection act of 2000 is amended by adding at the end 

10 the following new subsection: 

11 ‘‘(15) the term ‘victim services’ means a non12 profit, nongovernmental organization that assists 

13 trafficking victims, including trafficking, battered 

14 women and sexual assault crisis centers, trafficking 

15 and battered women’s shelters, and other trafficking, 

16 sexual assault or domestic violence programs, includ17 ing nonprofit, nongovernmental organizations assist18 ing trafficking victims through the legal process.’’. 

19 (3) EFFECTIVE DATE.—The amendments made 

20 by this section shall take effect on the date of the 

21 enactment of this Act. 

22 (b) CONFORMING AMENDMENTS FOR PUBLIC AND

23 ASSISTED HOUSING.—Section 214 of the Housing and 

24 Community Development Act of 1980 (42 U.S.C. 1436a) 

25 is amended— 


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1 (1) by amending subsection (a) to read as such 

2 subsection would have read if the amendments to 

3 such subsection made by section 3(b) of Public Law 

4 106–504 were made to such subsection rather than 

5 to section 214(a) of the Housing Community Devel6 opment Act of 1980; 

7 (2) in subsection (a), as amended by paragraph 

8 (1) of this subsection— 

9 (A) in paragraph (6), by striking ‘‘or’’ at 

10 the end; 

11 (B) by redesignating paragraph (7) as 

12 paragraph (8); and 

13 (C) by inserting after paragraph (6) the 

14 following new paragraph: 

15 ‘‘(7) a qualified alien, as such term is defined 

16 in section 431 of the Personal Responsibility and 

17 Work Opportunity Reconciliation Act of 1996 (8 

18 U.S.C. 1641); or’’; and 

19 (3) in subsection (c)— 

20 (A) in paragraph (1)(A), by striking ‘‘(6)’’ 

21 and inserting ‘‘(8)’’; and 

22 (B) in paragraph (2)(A), in the matter 

23 preceding clause (i), by inserting ‘‘(other than 

24 a qualified alien, as such term is defined in sec25 tion 431 of the Personal Responsibility and 


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1 Work Opportunity Reconciliation Act of 1996 

2 (8 U.S.C. 1641)’’ after ‘‘any alien’’. 

3 (c) IMPROVING ACCESS TO BENEFITS FOR IMMI4 GRANT VICTIMS.— 

5 (1) IN GENERAL.—The Secretary of Health and 

6 Human Services, in consultation with the Secretary 

7 of Housing and Urban Development and Secretary 

8 of Department of Agriculture and the and Secretary 

9 of the Department of Education, shall develop an in10 formation pamphlet, as described in paragraph (2), 

11 on legal rights for immigrant victims to access pub12 lic benefits and distribute and make such pamphlet 

13 available as described in paragraph (5). In preparing 

14 such materials, the Secretary of Health and Human 

15 Services shall consult with nongovernmental organi16 zations with expertise on the legal rights to public 

17 benefits access for immigrant victims of battery, ex18 treme cruelty, sexual assault, and other crimes. 

19 (2) INFORMATION PAMPHLET.—The informa20 tion pamphlet developed under paragraph (1) shall 

21 include information on the following: 

22 (A) Definition of Qualified Immigrants eli23 gible for Federal public benefits. 

24 (B) Housing rights of qualified immigrant. 


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1 (C) Federal- and State-funded housing 

2 programs open to all immigrants including 

3 emergency shelter and transitional housing for 

4 up to two years. 

5 (D) Qualified immigrant access to post6 secondary financial aid, grants and loans. 

7 (E) Qualified immigrant access to Federal 

8 means tested public benefits including access 

9 to— 

10 (i) Medicaid; 

11 (ii) Medicaid and SCHIP for qualified 

12 immigrant children and pregnant women; 

13 (iii) food stamps; 

14 (iv) food stamps for qualified immi15 grant children; 

16 (v) SSI; 

17 (vi) TANF; 

18 (vii) child care; and 

19 (viii) foster care/adoption assistance, 

20 child support services. 

21 (F) Legal rights of immigrants to access 

22 programs, resources and services that are— 

23 (i) necessary to protect life and safety; 

24 (ii) medical assistance under title XIX 

25 of the Social Security Act; 


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1 (iii) short-term, non-cash, in-kind 

2 emergency disaster relief; 

3 (iv) public health assistance for immu4 nizations and treatment for symptoms of 

5 communicable diseases; 

6 (v) programs for housing or commu7 nity development assistance or financial as8 sistance administered by the secretary of 

9 HUD; 

10 (vi) HHS HRSA funded health care 

11 programs; and 

12 (vii) State-funded benefits. 

13 (G) Resources through which victims can 

14 obtain referrals to programs in their community 

15 and/or State that provide advocacy, social serv16 ices, legal services and other supportive services 

17 to immigrant victims of domestic violence, sex18 ual assault, human trafficking, elder abuse or 

19 crime victims. 

20 (3) TRANSLATION.—In order to best serve the 

21 language groups having the greatest concentration of 

22 immigrants seeking public benefits, the information 

23 pamphlet developed under paragraph (1) shall, sub24 ject to subparagraph (B), be translated by the Sec25 retary of Health and Human Services into foreign 


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1 languages that at a minimum include the top 15 lan2 guages of legal permanent residents and shall be re3 sponsible for reviewing these languages every 5 years 

4 and adding additional languages accordingly such 

5 other languages as the Secretary of State, in the 

6 Secretary’s discretion, may specify. 

7 (4) AVAILABILITY AND DISTRIBUTION.—The in8 formation pamphlet developed under paragraph (1) 

9 shall be made available and distributed as follows: 

10 (A) The Federal agencies described in sub11 paragraph (C) shall distribute the pamphlet de12 veloped under subparagraph (1) to all— 

13 (i) agency grantees; 

14 (ii) State agencies responsible for 

15 granting Federal public benefits; and 

16 (iii) public housing authorities. 

17 (B) POSTING ON FEDERAL WEBSITES.— 

18 The pamphlet developed under paragraph (1) 

19 shall be accessibly posted on the Websites of 

20 each of the Federal Government agencies listed 

21 in subparagraph (C). 

22 (C) RESPONSIBLE FEDERAL AGENCIES.— 

23 (i) Department of Health and Human 

24 Services; 

25 (ii) Department of Agriculture; 


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1 (iii) Department of Housing and 

2 Urban Development; 

3 (iv) Department of Education; and 

4 (v) Department of Homeland Secu5 rity. 

6 (5) DEADLINE FOR PAMPHLET DEVELOPMENT

7 AND DISTRIBUTION.—The pamphlet developed under 

8 paragraph (1) shall be distributed and made avail9 able (including in the languages specified under 

10 paragraph (4)) not later than 180 days after the 

11 date of the enactment of this Act. 

12 (d) EFFECTIVE DATE.—The amendments made by 

13 this section apply to applications for public benefits and 

14 public benefits provided on or after the date of the enact15 ment of this Act without regard to whether regulations 

16 to carry out such amendments are implemented. 

17 SEC. 403. ENCOURAGING CUSTODY DETERMINATIONS AND 

18 VAWA CONFIDENTIALITY PROTECTIONS IN 

19 STATE COURTS. 

20 Subtitle J of title IV of the Violence Against Women 

21 Act of 1994 (42 U.S.C. 14043 et seq.) is amended— 

22 (1) in paragraph (2) of section 41002, by in23 serting ‘‘(including under 8 U.S.C. 1367), U-visa 

24 certification under the Immigration and Nationality 

25 Act Section 214(p),’’ after ‘‘confidentiality’’; and 


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1 (2) in section 41003— 

2 (A) in paragraph (2)(B), by striking ‘‘and’’ 

3 after the semicolon; 

4 (B) in paragraph (C), by striking the pe5 riod and inserting ‘‘; and’’; and 

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

7 ‘‘(3) Priority should given to applicans in which 

8 the grantee’s trainings and organizational policies, 

9 practices, procedures, and rules encourage judges 

10 issuing protection orders to include child custody 

11 provisions in the protection order when the parties 

12 before the court have a child in common.’’. 

13 SEC. 404. IMPROVING LANGUAGE ACCESS TO SERVICES 

14 PROVIDED UNDER THE VIOLENCE AGAINST 

15 WOMEN’S ACT OF 1994 FOR PERSONS WITH 

16 LIMITED ENGLISH PROFICIENCY. 

17 (a) GOALS.— 

18 (1) To improve access to programs, activities, 

19 and services for victims of violence and other indi20 viduals who, as a result of national origin, are lim21 ited in their English proficiency. 

22 (2) To ensure that the programs, activities, and 

23 services for victims of violence that are normally 

24 provided in English are accessible to victims and 

25 other individuals with Limited English Proficiency 


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1 and thus do not discriminate on the basis of national 

2 origin in violation of title VI of the Civil Rights Act 

3 of 1964, as amended, and its implementing regula4 tions. 

5 (3) To confirm that violation of language access 

6 rights for Limited English Proficient individuals is 

7 a violation of the protections against discrimination 

8 based on national origin protected by the Civil 

9 Rights Act of 1964. 

10 (4) To restore the right of Limited English 

11 Proficient individuals to a private right of action to 

12 enforce all Title VI protection including disparate 

13 impact protections. 

14 (5) To provide a statutory definition of ‘‘limited 

15 English proficient’’ that is consistent with the defini16 tion set forth by the DOJ LEP Guidance, 67 Fed. 

17 Reg. 41455, 41459 (June 18, 2002). 

18 (b) DEFINITION.—Limited English Proficient— 

19 (1) ‘‘Limited English Proficient’’ means individ20 uals who— 

21 (A) who do not speak English as their pri22 mary language; and 

23 (B) who have a limited ability to 

24 (i) read; 

25 (ii) write; 


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1 (iii) speak; or 

2 (iv) understand English. 

3 (2) If an individual described in subsection (A) 

4 meets any one of the requirements of subsections 

5 (B)(i), B(ii), B(iii), or B(iv) the individual is limited 

6 English proficient without regard to the fact that 

7 the individual may speak some English. 

8 (c) ENFORCEMENT WITH REGARD TO GOVERNMENT

9 ENTITIES.— 

10 (1) CIVIL ACTIONS FOR INJUNCTIVE RELIEF.— 

11 (A) VICTIMS AGGRIEVED; INTERVENTION

12 BY ATTORNEY GENERAL; LEGAL REPRESENTA13 TION; COMMENCEMENT OF ACTION WITHOUT

14 PAYMENT OF FEES, COSTS, OR SECURITY.— 

15 Whenever there are reasonable grounds to be16 lieve that a Federal, State or local government 

17 entity has denied a person access to programs, 

18 activities, or services on the basis of their lim19 ited English Proficiency and in violation of title 

20 VI of the Civil Rights Act of 1964, a civil ac21 tion for preventive relief, including an applica22 tion for a permanent or temporary injunction, 

23 restraining order, or other order, may be insti24 tuted by the person aggrieved and, upon timely 

25 application, the Attorney General may intervene 


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1 in such civil action. Upon application by the 

2 complainant and in such circumstances as the 

3 court may deem just, the court may appoint an 

4 attorney for such complainant and may author5 ize the commencement of the civil action with6 out the payment of fees, costs, or security. 

7 (B) ATTORNEY’S FEES; LIABILITY OF

8 UNITED STATES FOR COSTS.—In any action 

9 commenced pursuant to this subchapter, the 

10 court, in its discretion, may allow the prevailing 

11 party, other than the United States, a reason12 able attorney’s fee as part of the costs, and the 

13 United States shall be liable for costs the same 

14 as a private person. 

15 (C) STATE OR LOCAL ENFORCEMENT PRO16 CEEDINGS; NOTIFICATION OF STATE OR LOCAL

17 AUTHORITY; STAY OF FEDERAL PRO18 CEEDINGS.—In the case of an alleged act or 

19 practice prohibited by this subchapter which oc20 curs in a State, or political subdivision of a 

21 State, no civil action may be brought under 

22 subsection (a) of this section before the expira23 tion of thirty days after written notice of such 

24 alleged act or practice has been given to the ap25 propriate State or local authority by registered 


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1 mail or in person, provided that the court may 

2 stay proceedings in such civil action pending 

3 the termination of State or local enforcement 

4 proceedings. 

5 (D)(i) CIVIL RIGHTS ACT OF 1964.—Sec6 tion 601 of the Civil Rights Act of 1964 (42 

7 U.S.C. 2000d) is amended— 

8 (I) by striking ‘‘No’’ and insert9 ing ‘‘(a) No’’; and 

10 (II) by adding at the end the fol11 lowing: 

12 ‘‘(b)(1)(A) Discrimination (including exclusion from 

13 participation and denial of benefits) based on disparate 

14 impact is established under this title only if— 

15 ‘‘(i) a person aggrieved by discrimination 

16 on the basis of race, color, or national origin 

17 (referred to in this title as an ‘aggrieved per18 son’) demonstrates that an entity subject to 

19 this title (referred to in this title as a ‘covered 

20 entity’) has a policy or practice that causes a 

21 disparate impact on the basis of race, color, or 

22 national origin and the covered entity fails to 

23 demonstrate that the challenged policy or prac24 tice is related to and necessary to achieve the 

25 nondiscriminatory goals of the program or acVerDate Mar 15 2010 02:13 Jul 11, 2012 Jkt 019200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H5331.IH H5331

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1 tivity alleged to have been operated in a dis2 criminatory manner; or 

3 ‘‘(ii) the aggrieved person demonstrates 

4 (consistent with the demonstration required 

5 under title VII with respect to an ‘alternative 

6 employment practice’) that a less discriminatory 

7 alternative policy or practice exists, and the 

8 covered entity refuses to adopt such alternative 

9 policy or practice.’’. 

10 (2) CIVIL ACTIONS BY THE ATTORNEY GEN11 ERAL.— 

12 (A) COMPLAINT.—Whenever the Attorney 

13 General has reasonable cause to believe that a 

14 Federal, State or local government entity or 

15 any employee or group of employees is engaged 

16 in a pattern or practice of denying access to 

17 programs, activities, or services provided to vic18 tims under the Violence Against Women’s Act 

19 of 1994 or under any other State or Federal 

20 law, on the basis of their limited English Pro21 ficiency and in violation of title VI of the Civil 

22 Rights Act of 1964, and that the pattern or 

23 practice is of such a nature and is intended to 

24 deny access to programs, activities, or services 

25 provided to victims on the basis of their limited 


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1 English Proficiency and in violation of title VI 

2 of the Civil Rights Act of 1964, the Attorney 

3 General may bring a civil action in the appro4 priate district court of the United States by fil5 ing with it a complaint— 

6 (i) signed by the Attorney General (or 

7 in the Attorney General’s absence the Act8 ing Attorney General); 

9 (ii) setting forth facts pertaining to 

10 such pattern or practice; and 

11 (iii) requesting such relief, including 

12 an application for a permanent or tem13 porary injunction, restraining order or 

14 other order against the person or persons 

15 responsible for such pattern or practice, as 

16 he deems necessary to insure the full avail17 ability of programs, activities, and services 

18 provided under the to limited English pro19 ficient victims. 

20 (B) In order to ensure full enforcement 

21 under this section, the provisions of this section 

22 do not limit the ability of the Attorney General 

23 to use existing authority to bring litigation and 

24 to enforce Title VI by any another other means 

25 available to him or her under the law. 


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1 (3) JURISDICTION; THREE-JUDGE DISTRICT

2 COURT FOR CASES OF GENERAL PUBLIC IMPOR3 TANCE: HEARING, DETERMINATION, EXPEDITION OF

4 ACTION, REVIEW BY SUPREME COURT; SINGLE

5 JUDGE DISTRICT COURT: HEARING, DETERMINATION, 

6 EXPEDITION OF ACTION.— 

7 (A) The district courts of the United 

8 States shall have and shall exercise jurisdiction 

9 in proceedings instituted pursuant to this sec10 tion, and in any such proceeding the Attorney 

11 General may file with the clerk of such court a 

12 request that a court of three judges be con13 vened to hear and determine the case. Such re14 quest by the Attorney General shall be accom15 panied by a certificate that, in his opinion, the 

16 case is of general public importance. A copy of 

17 the certificate and request for a three-judge 

18 court shall be immediately furnished by such 

19 clerk to the chief judge of the circuit (or in his 

20 absence, the presiding circuit judge of the cir21 cuit) in which the case is pending. Upon receipt 

22 of such request it shall be the duty of the chief 

23 judge of the circuit or the presiding circuit 

24 judge, as the case may be, to designate imme25 diately three judges in such circuit, of whom at 


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1 least one shall be a circuit judge and another 

2 of whom shall be a district judge of the court 

3 in which the proceeding was instituted, to hear 

4 and determine such case, and it shall be the 

5 duty of the judges so designated to assign the 

6 case for hearing at the earliest practicable date, 

7 to participate in the hearing and determination 

8 thereof, and to cause the case to be in every 

9 way expedited. An appeal from the final judg10 ment of such court will lie to the Supreme 

11 Court. 

12 (B) If no three-judge panel has been re13 quested, the handling of the case shall be expe14 dited. It shall be the duty of the chief judge of 

15 the district (or in his absence, the acting chief 

16 judge) in which the case is pending to imme17 diately designate a judge in such district to 

18 hear and determine the case. In the event that 

19 no judge in the district is available to hear and 

20 determine the case, the chief judge of the dis21 trict, or the acting chief judge, as the case may 

22 be, shall certify this fact to the chief judge of 

23 the circuit (or in his absence, the acting chief 

24 judge) who shall then designate a district or 

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1 mine the case. It shall be the duty of the judge 

2 designated pursuant to this section to assign 

3 the case for hearing at the earliest practicable 

4 date and to cause the case to be in every way 

5 expedited. 

6 (d) ENFORCEMENT WITH REGARD TO GOVERN7 MENTAL AND NON-GOVERNMENTAL ENTITIES.— 

8 (1) Language access plans required— 

9 (A) all recipients of Federal grant funding 

10 shall provide a copy of the agency’s language 

11 access plan to the Federal agency that provided 

12 their grant no later than one year after receipt 

13 of funding; and 

14 (B) a copy of the agencies language access 

15 plan shall be submitted as an attachment along 

16 with the first grant report due to the Federal 

17 grant maker falling after the date of the six18 month anniversary of the grant award. 

19 (2) Language access plan must address at a 

20 minimum the following: 

21 (A) The types of language services avail22 able. 

23 (B) How staff can obtain those services. 

24 (C) How to respond to LEP callers. 


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1 (D) How to respond to written communica2 tions from LEP individuals. 

3 (E) How to respond to LEP individuals 

4 who have in-person contact with recipient staff. 

5 (F) How to ensure competency of inter6 preter and translation services. 

7 (G) How staff will receive training on the 

8 requirements of the policy. 

9 (H) How the agency provides outreach and 

10 notice of the language services available. 

11 (I) How to respond to complaints by LEP 

12 individuals. 

13 (J) How the plan will be monitored and 

14 updated. 

15 (3) REVOCATION OF FUNDING.— 

16 (A) Whenever the Department of Justice 

17 (DOJ) or the Department of Health and 

18 Human Services (HHS) has reasonable cause 

19 to believe that any grant recipient is engaged in 

20 a pattern or practice of denying access to pro21 grams, activities, or services provided to victims 

22 on the basis of their limited English Proficiency 

23 and in violation of title VI of the Civil Rights 

24 Act of 1964, the DOJ or HHS shall require the 

25 grant recipient to prepare a plan demonstrating 


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1 how it to improve access to its government2 funded programs, activities, and services for 

3 victims with limited English Proficiency. Each 

4 plan shall include the steps the grant recipient 

5 will take to ensure that eligible limited English 

6 Proficiency persons can meaningfully access the 

7 grantee’s programs, activities, and services. If 

8 such a grantee fails to develop an acceptable 

9 plan with 120 days of the request, the DOJ or 

10 HHS may revoke that grantee’s funding. 

11 (B) The requirement provided by sub12 section (1) are in addition to the requirements 

13 set forth in 42 U.S.C. 2000d–1. 

14 (4) All recipients and subrecipients of Federal 

15 grants shall comply with Title VI of the Civil Rights 

16 Act of 1964 (prohibiting race, color, and national or17 igin discrimination including language access for 

18 limited English proficient persons and for persons 

19 without regard to their alienage status. 

20 (e) NONDISCRIMINATION.—All relief and assistance 

21 activities, including justice system assistance and immi22 gration relief, offered to victims of domestic violence, sex23 ual assault, dating violence, stalking, elder abuse and 

24 human trafficking shall be accomplished in an equitable 

25 and impartial manner, without discrimination on the 


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1 grounds of race, ethnicity, or, religion, nationality, sex, 

2 age, disability, English proficiency, alienage status, or eco3 nomic status. 

4 (f) INTERPRETERS FOR COURT PROCEEDINGS

5 UNDER THIS SECTION.— 

6 (1) CIVIL ACTIONS.—In any civil action brought 

7 pursuant to this section, the court shall be required 

8 to provide a foreign language interpreter. 

9 (2) CONFORMING AMENDMENTS.—The Court 

10 Interpreters Act of 1978, 28 U.S.C. 1827 is amend11 ed by adding at the end the following: ‘‘Interpreters 

12 shall be provided in court proceedings brought to en13 force section 404 of the Violence Against Women 

14 Act of 2011 for civil actions brought by an indi15 vidual or the United States.’’. 

16 TITLE V—ACCESS TO SERVICES 

17 SEC. 501. ENSURING ISSUANCE OF U- AND T-VISA CERTIFI18 CATIONS AND ACCESS TO SERVICES. 

19 (a) GRANT CONDITIONS.—Section 40002 of the Vio20 lence Against Women Act of 1994 (42 U.S.C. 13925) is 

21 amended in subsection (b) by adding at the end the fol22 lowing: 

23 ‘‘(12) CIVIL RIGHTS.— 

24 ‘‘(A) NONDISCRIMINATION.—No person in 

25 the United States shall on the basis of actual 


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1 or perceived race, color, religion, national ori2 gin, alienage status, sex, gender identity (as de3 fined in paragraph 249(c)(4) of title 18, United 

4 States Code), sexual orientation, age, or dis5 ability be excluded from participation in, be de6 nied the benefits of, or be subjected to discrimi7 nation under any program or activity funded in 

8 whole or in part with funds made available 

9 under the Violence Against Women Act of 1994 

10 (title IV of Public Law 103–322; 108 Stat. 

11 1902), the Violence Against Women Act of 

12 2000 (division B of Public Law 106–386; 114 

13 Stat. 1491), the Violence Against Women and 

14 Department of Justice Reauthorization Act of 

15 2005 (title IX of Public Law 109–162; 119 

16 Stat. 3080), the Violence Against Women Reau17 thorization Act of 2011, and any other program 

18 or activity funded in whole or in part with 

19 funds appropriated for grants, cooperative 

20 agreements, and other assistance administered 

21 by the Office on Violence Against Women. 

22 ‘‘(B) EXCEPTION.—If gender segregation 

23 or gender-specific programming is necessary to 

24 the essential operation of a program, nothing in 

25 this paragraph shall prevent any such program 


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1 or activity from consideration of an individual’s 

2 gender. In such circumstances, alternative rea3 sonable accommodations are sufficient to meet 

4 the requirements of this paragraph. 

5 ‘‘(C) DISCRIMINATION.—The provisions of 

6 paragraphs (2) through (4) of section 809(c) of 

7 the Omnibus Crime Control and Safe Streets 

8 Act of 1968 (42 U.S.C. 3789d(c)) apply to vio9 lations of subparagraph (A). 

10 ‘‘(D) CONSTRUCTION.—Nothing contained 

11 in this paragraph shall be construed, inter12 preted, or applied to supplant, displace, pre13 empt, or otherwise diminish the responsibilities 

14 and liabilities under other State or Federal civil 

15 rights law, whether statutory or common. 

16 ‘‘(13) COMPLIANCE WITH TITLE VI OF THE

17 CIVIL RIGHTS ACT OF 1964.—An entity applying for 

18 funding under this title shall certify to the Office on 

19 Violence Against Women that the entity will comply 

20 with their obligations under Title VI of the Civil 

21 Rights Act of 1964, including taking reasonable 

22 steps to ensure meaningful access to its programs 

23 and activities by persons who are limited in their 

24 English proficiency, in order to avoid discrimination 

25 on the basis of national origin. 


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1 ‘‘(14) CONTENT OF APPLICATIONS.—All grant 

2 applications submitted for funding shall contain doc3 umentation in the text of the grant application and 

4 a line item in the budget that provides for language 

5 access to the services being provided or documenta6 tion about local demographics justifying why the 

7 budget does not address language access.’’. 

8 (b) STOP GRANTS.— 

9 (1) DEVELOPMENT OF TRAINING.—Section 

10 2001(b) of the Omnibus Crime Control and Safe 

11 Streets Act of 1968 (42 U.S.C. 3796gg(b)) is 

12 amended— 

13 (A) in paragraph (13), by striking ‘‘and’’ 

14 at the end of subparagraph (D); 

15 (B) in paragraph (14), by striking the pe16 riod at the end of subparagraph (C) and insert17 ing ‘‘; and’’; and 

18 (C) by adding after paragraph (14) the fol19 lowing new paragraph: 

20 ‘‘(15) the development and implementation of 

21 procedures, policies, or protocols and training within 

22 courts, prosecutors’ offices, and law enforcement 

23 agencies to ensure that agency personnel have re24 ceived training on and are not encouraging, pro25 moting or facilitating the violation of Section 384 of 


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1 the Illegal Immigration Reform and Immigrant Re2 sponsibility Act of 1996 (8 U.S.C. 1367) and that 

3 agencies receiving funding are issuing certifications 

4 in U-visa and T-visa cases for victims applying for 

5 relief under Section 101(a)(15)(T) and (U) of Immi6 gration and Nationality Act.’’. 

7 (2) FUNDING PRIORITY.—Section 2001(d) of 

8 the Omnibus Crime Control and Safe Streets Act of 

9 1968 (42 U.S.C. 3796gg(d)) is amended by insert10 ing at the end the following: 

11 ‘‘(5) Priority in funding shall be given to pro12 grams whose applications demonstrate that the ap13 plicant has or is willing to implement within 6 

14 month after receipt of funding protocols, policies, or 

15 practices that— 

16 ‘‘(A) ensure compliance with Title VI of 

17 the Civil Rights Act of 1964 and Executive 

18 Order 13166; 

19 ‘‘(B) ensure that the agency does not vio20 late, facilitate or encourage the violation of 

21 VAWA confidentiality as defined in section 387 

22 of the Immigration and Nationality Act (8 

23 U.S.C. 1367); and 

24 ‘‘(C) result in the agency issuing certifi25 cations for noncitizen victims applying for relief 


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1 under sections 101(a)(15)(U) or 101(a)(15)(T) 

2 of the Immigration and Nationality Act if the 

3 applicant agency is eligible to sign certifications 

4 in T- or U-visa cases.’’. 

5 (c) GRANTS TO ENCOURAGE ARREST POLICIES.— 

6 (1) GRANT AUTHORITY.—Section 2101(b) of 

7 the Omnibus Crime Control and Safe Streets Act of 

8 1968 (42 U.S.C. 3796hh(b)) is amended by adding 

9 at the end the following: 

10 ‘‘(14) To develop or strengthen policies, proto11 cols and training for law enforcement, prosecutors, 

12 and the judiciary in recognizing, detecting, inves13 tigating, and prosecuting instances of domestic vio14 lence, dating violence, sexual assault, and stalking 

15 against immigrant victims, including the appropriate 

16 use of T and U visas (8 U.S.C. 1101(a)(15) (T) and 

17 (U)) and providing training on and are not encour18 aging, promoting or facilitating the violation of Sec19 tion 384 of the Illegal Immigration Reform and Im20 migrant Responsibility Act of 1996 (8 U.S.C. 1367). 

21 ‘‘(15) To develop or strengthen policies, proto22 cols, and training for law enforcement, prosecutors 

23 and the judiciary on language access under Execu24 tive Order No. 13166 65 Fed. Reg. 50, 121 (Aug. 

25 16, 2000).’’. 


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1 (2) ELIGIBILITY.—Section 2101(c) of the Om2 nibus Crime Control and Safe Streets Act of 1968 

3 (42 U.S.C. 3796hh(c)) is amended— 

4 (A) in paragraph (4), by striking ‘‘and’’ at 

5 the end; 

6 (B) in paragraph (5), by striking the pe7 riod and inserting ‘‘; and’’; and 

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

9 ‘‘(6) Priority in funding shall be given to pro10 grams whose applications demonstrate that the ap11 plicant has or is willing to implement within 6 

12 months after receipt of funding protocols, policies, or 

13 practices that— 

14 ‘‘(A) ensure compliance with Title VI of 

15 the Civil Rights Act of 1964 and Executive 

16 Order 13166; 

17 ‘‘(B) ensure that the agency does not vio18 late, facilitate or encourage the violation of 

19 VAWA confidentiality as defined in section 387 

20 of the Immigration and Nationality Act (8 

21 U.S.C. 1367); and 

22 ‘‘(C) result in the agency issuing certifi23 cations for noncitizen victims applying for relief 

24 under sections 101(a)(15)(U) or 101(a)(15)(T) 

25 of the Immigration and Nationality Act if the 


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1 applicant agency is eligible to sign certifications 

2 in T- or U-visa cases.’’. 

3 (d) TRANSITIONAL HOUSING ASSISTANCE

4 GRANTS.—Section 40299 of the Violence Against Women 

5 Act of 1994 (42 U.S.C. 13975) is amended in subsection 

6 (d)(2)(B) by— 

7 (1) inserting ‘‘— (i)’’ after ‘‘provide assurances 

8 that’’; and 

9 (2) adding at the end the following: 

10 ‘‘(ii) applicants are able to prove eligi11 bility for the housing program funded 

12 under this grant using any credible evi13 dence (as defined in section 204(a)(1)(J) 

14 of the Immigration and Nationality Act (8 

15 U.S.C. 1154(a)(1)(J))); and 

16 ‘‘(iii) the program serves underserved 

17 victims and is compliant with title VI of 

18 the Civil Rights Act of 1964, and Execu19 tive Order 13166 (65 Fed. Reg. 50, 

20 121).’’. 

21 (e) CAMPUS GRANTS AVAILABLE FOR VICTIMS WITH

22 LIMITED ENGLISH PROFICIENCY.—Section 304 of the Vi23 olence Against Women and Department of Justice Reau24 thorization Act of 2005 (42 U.S.C. 14045b) is amended— 


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1 (1) in subsection (b)(4), by inserting ‘‘and lan2 guage access to such services’’ after ‘‘physiological 

3 counseling,’’; 

4 (2) in subsection (c)(2)(C), by inserting ‘‘pro5 portion, demographics, and language needs of inter6 national students,’’ after ‘‘demographics of the popu7 lation,’’; and 

8 (3) in subsection (d)(1), by inserting ‘‘trans9 lation,’’ after ‘‘technical,’’. 

10 SEC. 502. VAWA UNIT ADJUDICATIONS. 

11 (a) TRANSFER OF ALL VAWA CONFIDENTIALITY

12 AND VAWA-RELATED CASES TO THE VAWA UNIT.—Sec13 tion 101(a) of the Immigration and Nationality Act (8 

14 U.S.C. 1101(a)) is amended by adding at the end the fol15 lowing new subsection: 

16 ‘‘(52) Applications under sections 101(a)(51), 

17 101(a)(15)(T), 101(a)(15)(U), 106, section 

18 216(c)(4), and parole for children of VAWA can19 cellation recipients and the full range of adjudica20 tions related to such cases including adjustments, 

21 work authorizations, parole, fax-back benefits au22 thorizations, employment verification, and natu23 ralization, for applicants and derivative beneficiaries 

24 shall be adjudicated at the VAWA Unit of Vermont 

25 Service Center.’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.— 

2 (1) There are authorized to be appropriated to 

3 the Secretary of Homeland Security such sums as 

4 may be necessary to provide for the Violence Against 

5 Women Act Unit at the Vermont Service Center of 

6 the United States Citizenship and Immigration Serv7 ices which shall be responsible for processing con8 sistent with VAWA confidentiality requirements the 

9 full range of adjudications, adjustments, work au10 thorizations, parole, fax-back benefits and employ11 ment verification, and naturalization, for applicants 

12 and derivative beneficiaries related to VAWA self-pe13 titions (INA section 101(a)(51); T visas (INA sec14 tion 101(a)(15)(T), U visas (INA section 

15 101(a)(15)(U); battered spouse waivers (INA section 

16 216(c)(4)); abused immigrant work authorizations 

17 (INA section 106) and parole for children of VAWA 

18 cancellation recipients (Public Law 103–222, reau19 thorized Public Laws 106–326, 108–193; 109–162; 

20 109–164) and any other VAWA confidentiality pro21 tected matters. Nothing in this section shall preclude 

22 DHS placement at the VAWA Unit of other victim 

23 related adjudications. Subject the authority of immi24 gration judges adjudicate adjustment of status appli25 cations from aliens in proceedings who have been 


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1 granted VAWA self-petition, T visas or U visas, no 

2 official in the Department of Homeland Security or 

3 the Department of Justice is authorized to adju4 dicate any matter related that is directed by this 

5 section to be determined by the VAWA Unit. 

6 (2) The Department of Homeland Security 

7 shall include in its budget each year a specific line 

8 item describing funding included to support the 

9 VAWA Unit. 

10 SEC. 503. VICTIMS OF CRIME ACT IMPROVEMENTS. 

11 (a) CRIME VICTIM COMPENSATION.—Section 

12 1403(b)(4) of the Victims of Crime Act of 1984 (42 

13 U.S.C. 10602(b)(4)) is amended by inserting ‘‘or non-citi14 zens of the United States’’ after ‘‘nonresidents of the 

15 State’’. 

16 (b) CRIME VICTIM ASSISTANCE.—Section 1404 of 

17 the Victims of Crime Act of 1984 (42 U.S.C. 10603) is 

18 amended— 

19 (1) in subsection (a)(2)— 

20 (A) in subparagraph (A), by striking 

21 ‘‘spousal abuse,’’ and inserting ‘‘ domestic vio22 lence, dating violence, stalking, elder abuse,’’; 

23 (B) in subparagraph (B), by inserting ‘‘(i) 

24 are based on the definition of ‘underserved pop25 ulations’ as defined in section 40002(a) of the 


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1 Violence Against Women Act of 1994 (42 

2 U.S.C. 13925(a)), and (ii)’’ after ‘‘implement 

3 this section that’’; 

4 (C) by redesignating subparagraphs (C) 

5 and (D) as subparagraphs (D) and (E), respec6 tively; and 

7 (D) by inserting after subparagraph (B) 

8 the following new subparagraph: 

9 ‘‘(C) ensure that programs receiving funds 

10 are open to crime victims on a non-discrimina11 tory basis without regard to language pro12 ficiency or alienage status.’’; 

13 (2) in subsection (b)(1)— 

14 (A) in subparagraph (E), by striking 

15 ‘‘and’’ after the semicolon; 

16 (B) by moving subparagraph (F) two ems 

17 to the left, and by striking the period at the end 

18 of such subparagraph and inserting ‘‘; and’’; 

19 and 

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

21 subparagraph: 

22 ‘‘(G) does not discriminate against, and of23 fers services and assistance to, victims who do 

24 not unreasonably refuse to provide assistance in 

25 a criminal investigation or prosecution. For 


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1 purposes of this paragraph the definition of ‘do 

2 not unreasonably refuse to provide assistance’ 

3 shall be the same as the used under section 

4 245(m) of the Immigration and Nationality Act 

5 (8 U.S.C. 1255(m)).’’; 

6 (3) in subsection (c)(1)— 

7 (A) in subparagraph (B), by striking 

8 ‘‘and’’ after the semicolon; 

9 (B) in subparagraph (C), by striking ‘‘vic10 tim service organizations’’ and all that follows 

11 and inserting ‘‘victim service organizations, 

12 legal services programs, and coalitions to im13 prove outreach and services to victims of crime, 

14 including immigrant, limited English proficient, 

15 and underserved victims; and’’; and 

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

17 subparagraph: 

18 ‘‘(D) for improving language access to vic19 tim services and the civil, criminal, immigra20 tion, and family justice systems.’’; and 

21 (4) in subsection (d)— 

22 (A) in paragraph (2), by amending sub23 paragraph (C) to read as follows: 

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1 tem proceedings relating to prevention of, ob2 taining relief from, escaping, ameliorating the 

3 effects of, or offering future protection against, 

4 victimization; and’’; and 

5 (B) in paragraph (4), by inserting ‘‘, and 

6 assistance to crime victims in obtaining protec7 tion orders and in obtaining immigration relief’’ 

8 after ‘‘of crime’’. 

9 SEC. 504. RESEARCH ON VIOLENCE AGAINST WOMEN. 

10 (a) IN GENERAL.—Each of the research grant pro11 grams listed in subsection (b) shall include as a purpose 

12 and permitted use of Federal funding research— 

13 (1) on victimization by domestic violence, sexual 

14 assault, stalking, dating violence and elder abuse in15 cluding dynamics; 

16 (2) intervention, impact, prevention, and effec17 tiveness of— 

18 (A) victim services; 

19 (B) the civil and criminal justice system; 

20 (C) health care; 

21 (D) mental health care; 

22 (E) immigration relief, 

23 (F) legal assistance; and 

24 (G) other interventions, 

25 (3) outcomes for victims; and 


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1 (4) victim’s access to services and protections, 

2 including the needs of underserved, immigrant and 

3 limited English proficient victims. 

4 (b) APPLICATION.—Subsection (a) shall apply to re5 search under the following: 

6 (1) NATIONAL INSTITUTE OF JUSTICE.—Sec7 tion 202(c)(2) of the Omnibus Crime Control and 

8 Safe Streets Act of 1968 (42 U.S.C. 3722). 

9 (2) CENTERS FOR DISEASE CONTROL AND PRE10 VENTION; STUDY BY NATIONAL CENTER FOR INJURY

11 PREVENTION AND CONTROL.—Section 402(a) of the 

12 Violence Against Women and Department of Justice 

13 Reauthorization Act of 2005 (42 U.S.C. 280b–4(a)). 

14 (3) INTERPERSONAL VIOLENCE WITHIN FAMI15 LIES AND AMONG ACQUAINTANCES.—Section 393 of 

16 the Public Health Service Act (42 U.S.C. 280b–1a). 

17 (4) AGENCY FOR HEALTHCARE RESEARCH AND

18 QUALITY—RESEARCH, EVALUATIONS, AND DEM19 ONSTRATION PROJECTS ON HEALTH CARE FOR PRI20 ORITY POPULATIONS.—Subparagraph (B) of section 

21 901(c)(1) of the Public Health Service Act (42 

22 U.S.C. 299(c)(1)). 

23 (5) RESEARCH ON HEALTH DISPARITIES.—Sec24 tion 903 of the Public Health Service Act (42 

25 U.S.C. 299a–1). 


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1 (6) SUBSTANCE ABUSE AND MENTAL HEALTH

2 SERVICES ADMINISTRATION—OFFICE FOR SUB3 STANCE ABUSE PREVENTION.—Subsection (b) of 

4 section 515 of the Public Health Service Act (42 

5 U.S.C. 290bb–21(b)). 

6 (7) CENTER FOR MENTAL HEALTH SERVICES.— 

7 Section 520 of the Public Health Service Act (42 

8 U.S.C. 290bb–31(b)). 

9 (8) NATIONAL INSTITUTE OF DRUG ABUSE.— 

10 Subsection (b) of section 464L of the Public Health 

11 Service Act (42 U.S.C. 285o). 

12 (9) NATIONAL DRUG ABUSE RESEARCH CEN13 TERS.—Subparagraph (F) of section 464N of the 

14 Public Health Service Act (42 U.S.C. 285o–2(c)(2)). 

15 (10) NATIONAL INSTITUTE OF MENTAL

16 HEALTH.—Paragraph (2) of section 464R(e) of the 

17 Public Health Service Act (42 U.S.C. 285p(e)). 

18 (11) OFFICE OF RESEARCH ON WOMENS

19 HEALTH.—Subsection (b) of section 486 of the Pub20 lic Health Service Act (42 U.S.C. 287d). 

21 (12) OFFICE OF RESEARCH ON WOMENS

22 HEALTH ADVISORY COMMITTEE.—Paragraph (4) of 

23 section 486(d) of the Public Health Service Act (42 

24 U.S.C. 287d). 


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1 TITLE VI—MARRIAGE VISA 

2 PROTECTIONS 

3 SEC. 601. PROTECTIONS FOR A FIANCE ́ E OR FIANCE ́ OF A 

4 CITIZEN. 

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

6 and Nationality Act (8 U.S.C. 1184) is amended— 

7 (1) in subsection (d)— 

8 (A) in paragraph (1), by striking ‘‘crime.’’ 

9 and inserting ‘‘crime described in paragraph 

10 (3)(B) and information on any permanent pro11 tection or restraining order issued against the 

12 petitioner related to any specified crime de13 scribed in paragraph (3)(B)(i).’’; 

14 (B) in paragraph (2)(A), in the matter 

15 preceding clause (i)— 

16 (i) by striking ‘‘a consular officer’’ 

17 and inserting ‘‘the Secretary of Homeland 

18 Security’’; and 

19 (ii) by striking ‘‘the officer’’ and in20 serting ‘‘the Secretary’’; and 

21 (C) in paragraph (3)(B)(i), by striking 

22 ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, 

23 stalking, or an attempt to commit any such 

24 crime.’’; and 

25 (2) in subsection (r)— 


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1 (A) in paragraph (1), by striking ‘‘crime.’’ 

2 and inserting ‘‘crime described in paragraph 

3 (5)(B) and information on any permanent pro4 tection or restraining order issued against the 

5 petitioner related to any specified crime de6 scribed in subsection (5)(B)(i).’’; and 

7 (B) by amending paragraph (4)(B)(ii) to 

8 read as follows: 

9 ‘‘(ii) To notify the beneficiary as required by clause 

10 (i), the Secretary of Homeland Security shall provide such 

11 notice to the Secretary of State for inclusion in the mailing 

12 to the beneficiary described in section 833(a)(5)(A)(i) of 

13 the International Marriage Broker Regulation Act of 2005 

14 (8 U.S.C. 1375a(a)(5)(A)(i)).’’; and 

15 (3) in paragraph (5)(B)(i), by striking ‘‘abuse, 

16 and stalking.’’ and inserting ‘‘abuse, stalking, or an 

17 attempt to commit any such crime.’’. 

18 (b) PROVISION OF INFORMATION TO K NON19 IMMIGRANTS.—Section 833 of the International Marriage 

20 Broker Regulation Act of 2005 (8 U.S.C. 1375a) is 

21 amended— 

22 (1) in subsection (a)(5)(A)— 

23 (A) in clause (iii)— 


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1 (i) by striking ‘‘State any’’ and insert2 ing ‘‘State, for inclusion in the mailing de3 scribed in clause (i), any’’; and 

4 (ii) by striking the last sentence; and 

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

6 ‘‘(iv) The Secretary of Homeland Se7 curity shall conduct a background check of 

8 the National Crime Information Center’s 

9 Protection Order Database on each peti10 tioner for a visa under subsection (d) or 

11 (r) of section 214 of the Immigration and 

12 Nationality Act (8 U.S.C. 1184). Any ap13 propriate information obtained from such 

14 background check— 

15 ‘‘(I) shall accompany the criminal 

16 background information provided by 

17 the Secretary of Homeland Security 

18 to the Secretary of State and shared 

19 by the Secretary of State with a bene20 ficiary of a petition referred to in 

21 clause (iii); and 

22 ‘‘(II) shall not be used or dis23 closed for any other purpose unless 

24 expressly authorized by law. 


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1 ‘‘(v) The Secretary of Homeland Se2 curity shall create a cover sheet or other 

3 mechanism to accompany the information 

4 required to be provided to an applicant for 

5 a visa under subsection (d) or (r) of sec6 tion 214 of the Immigration and Nation7 ality Act (8 U.S.C. 1184) by clauses (i) 

8 through (iv) of this paragraph or by 

9 clauses (i) and (ii) of subsection (r)(4)(B) 

10 of such section 214, that calls to the appli11 cant’s attention— 

12 ‘‘(I) whether the petitioner dis13 closed a protection order, a restrain14 ing order, or criminal history informa15 tion on the visa petition; 

16 ‘‘(II) the criminal background in17 formation and information about any 

18 protection order obtained by the Sec19 retary of Homeland Security regard20 ing the petitioner in the course of ad21 judicating the petition; and 

22 ‘‘(III) whether the information 

23 the petitioner disclosed on the visa pe24 tition regarding any previous petitions 

25 filed under subsection (d) or (r) of 


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1 such section 214 is consistent with the 

2 information in the multiple visa track3 ing database of the Department of 

4 Homeland Security, as described in 

5 subsection (r)(4)(A) of such section 

6 214.’’; and 

7 (2) in subsection (b)(1)(A), by striking ‘‘or’’ 

8 after ‘‘orders’’ and inserting ‘‘and’’. 

9 SEC. 602. REGULATION OF INTERNATIONAL MARRIAGE 

10 BROKERS. 

11 (a) IMPLEMENTATION OF THE INTERNATIONAL MAR12 RIAGE BROKER ACT OF 2005.— 

13 (1) FINDINGS.—Congress finds the following: 

14 (A) The International Marriage Broker 

15 Act of 2005 (subtitle D of Public Law 109– 

16 162; 119 Stat. 3066) has not been fully imple17 mented with regard to investigating and pros18 ecuting violations of the law, and for other pur19 poses. 

20 (B) Six years after Congress enacted the 

21 International Marriage Broker Act of 2005 to 

22 regulate the activities of the hundreds of for23 profit international marriage brokers operating 

24 in the United States, the Attorney General has 

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1 ment of Justice will investigate and prosecute 

2 violations of such Act. 

3 (2) REPORT.—Not later than 90 days after the 

4 date of the enactment of this Act, the Attorney Gen5 eral shall submit to Congress a report that includes 

6 the following: 

7 (A) The name of the component of the De8 partment of Justice responsible for inves9 tigating and prosecuting violations of the Inter10 national Marriage Broker Act of 2005 (subtitle 

11 D of Public Law 109–162; 119 Stat. 3066) and 

12 the amendments made by this Act. 

13 (B) A description of the policies and proce14 dures of the Attorney General for consultation 

15 with the Secretary of Homeland Security and 

16 the Secretary of State in investigating and 

17 prosecuting such violations. 

18 (b) TECHNICAL CORRECTION.—Section 833(a)(2)(H) 

19 of the International Marriage Broker Regulation Act of 

20 2005 (8 U.S.C. 1375a(a)(2)(H)) is amended by striking 

21 ‘‘Federal and State sex offender public registries’’ and in22 serting ‘‘the National Sex Offender Public Website’’. 

23 (c) REGULATION OF INTERNATIONAL MARRIAGE

24 BROKERS.—Section 833(d) of the International Marriage 


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1 Broker Regulation Act of 2005 (8 U.S.C. 1375a(d)) is 

2 amended— 

3 (1) by amending paragraph (1) to read as fol4 lows: 

5 ‘‘(1) PROHIBITION ON MARKETING OF OR TO

6 CHILDREN.— 

7 ‘‘(A) IN GENERAL.—An international mar8 riage broker shall not provide any individual or 

9 entity with the personal contact information, 

10 photograph, or general information about the 

11 background or interests of any individual under 

12 the age of 18. 

13 ‘‘(B) COMPLIANCE.—To comply with the 

14 requirements of subparagraph (A), an inter15 national marriage broker shall— 

16 ‘‘(i) obtain a valid copy of each for17 eign national client’s birth certificate or 

18 other proof of age document issued by an 

19 appropriate government entity; 

20 ‘‘(ii) indicate on such certificate or 

21 document the date it was received by the 

22 international marriage broker; 

23 ‘‘(iii) retain the original of such cer24 tificate or document for 7 years after such 

25 date of receipt; and 


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1 ‘‘(iv) produce such certificate or docu2 ment upon request to an appropriate au3 thority charged with the enforcement of 

4 this paragraph.’’; 

5 (2) in paragraph (2)— 

6 (A) in subparagraph (A)(i)— 

7 (i) in the heading, by striking ‘‘REG8 ISTRIES.—’’ and inserting ‘‘WEBSITE.—’’; 

9 and 

10 (ii) by striking ‘‘Registry or State sex 

11 offender public registry,’’ and inserting 

12 ‘‘Website,’’; and 

13 (B) in subparagraph (B)(i), by striking 

14 ‘‘permanent civil’’ and inserting ‘‘final’’; 

15 (C) in subparagraph (B)(ii)— 

16 (i) by inserting ‘‘or endangerment, 

17 elder abuse or neglect or exploitation’’ 

18 after ‘‘child abuse or neglect’’; and 

19 (ii) by striking ‘‘or stalking.’’ and in20 serting ‘‘stalking, or an attempt to commit 

21 any such crime.’’; 

22 (3) in paragraph (3)— 

23 (A) in subparagraph (A)— 

24 (i) in clause (i), by striking ‘‘Registry, 

25 or of the relevant State sex offender public 


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1 registry for any State not yet participating 

2 in the National Sex Offender Public Reg3 istry, in which the United States client has 

4 resided during the previous 20 years,’’ and 

5 inserting ‘‘Website’’; and 

6 (ii) in clause (iii)(II), by striking 

7 ‘‘background information collected by the 

8 international marriage broker under para9 graph (2)(B);’’ and inserting ‘‘signed cer10 tification and accompanying documentation 

11 or attestation regarding the background in12 formation collected under paragraph 

13 (2)(B);’’; and 

14 (B) by striking subparagraph (C); 

15 (4) in paragraph (5)— 

16 (A) in subparagraph (A)(ii), by striking ‘‘A 

17 penalty may be imposed under clause (i) by the 

18 Attorney General only’’ and inserting ‘‘At the 

19 discretion of the Attorney General, a penalty 

20 may be imposed under clause (i) either by a 

21 Federal judge, or by the Attorney General’’; 

22 (B) by amending subparagraph (B) to read 

23 as follows: 

24 ‘‘(B) FEDERAL CRIMINAL PENALTIES.— 


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1 ‘‘(i) FAILURE OF INTERNATIONAL

2 MARRIAGE BROKERS TO COMPLY WITH OB3 LIGATIONS.—Except as provided in clause 

4 (ii), an international marriage broker that, 

5 in circumstances in or affecting interstate 

6 or foreign commerce, or within the special 

7 maritime and territorial jurisdiction of the 

8 United States— 

9 ‘‘(I) except as provided in sub10 clause (II), violates (or attempts to 

11 violate) paragraph (1), (2), (3), or (4) 

12 shall be fined in accordance with title 

13 18, United States Code, or imprisoned 

14 for not more than 1 year, or both; or 

15 ‘‘(II) knowingly violates or at16 tempts to violate paragraphs (1), (2), 

17 (3), or (4) shall be fined in accord18 ance with title 18, United States 

19 Code, or imprisoned for not more 

20 than 5 years, or both. 

21 ‘‘(ii) MISUSE OF INFORMATION.—A 

22 person who knowingly discloses, uses, or 

23 causes to be used any information obtained 

24 by an international marriage broker as a 

25 result of a requirement under paragraph 


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1 (2) or (3) for any purpose other than the 

2 disclosures required under paragraph (3) 

3 shall be fined in accordance with title 18, 

4 United States Code, or imprisoned for not 

5 more than 1 year, or both. 

6 ‘‘(iii) FRAUDULENT FAILURES OF

7 UNITED STATES CLIENTS TO MAKE RE8 QUIRED SELF-DISCLOSURES.—A person 

9 who knowingly and with intent to defraud 

10 another person outside the United States 

11 in order to recruit, solicit, entice, or induce 

12 that other person into entering a dating or 

13 matrimonial relationship, makes false or 

14 fraudulent representations regarding the 

15 disclosures described in clause (i), (ii), (iii), 

16 or (iv) of subsection (d)(2)(B), including 

17 by failing to make any such disclosures, 

18 shall be fined in accordance with title 18, 

19 United States Code, imprisoned for not 

20 more than 1 year, or both. 

21 ‘‘(iv) RELATIONSHIP TO OTHER PEN22 ALTIES.—The penalties provided in clauses 

23 (i), (ii), and (iii) are in addition to any 

24 other civil or criminal liability under Fed25 eral or State law to which a person may be 


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1 subject for the misuse of information, in2 cluding misuse to threaten, intimidate, or 

3 harass any individual. 

4 ‘‘(v) CONSTRUCTION.—Nothing in 

5 this paragraph or paragraph (3) or (4) 

6 may be construed to prevent the disclosure 

7 of information to law enforcement or pur8 suant to a court order.’’; and 

9 (C) in subparagraph (C), by striking the 

10 period at the end and inserting ‘‘including equi11 table remedies.’’; 

12 (5) by redesignating paragraphs (6) and (7) as 

13 paragraphs (7) and (8), respectively; and 

14 (6) by inserting after paragraph (5) the fol15 lowing: 

16 ‘‘(6) ENFORCEMENT.— 

17 ‘‘(A) AUTHORITY.—The Attorney General 

18 shall be responsible for the enforcement of the 

19 provisions of this section, including the prosecu20 tion of civil and criminal penalties provided for 

21 by this section. 

22 ‘‘(B) CONSULTATION.—The Attorney Gen23 eral shall consult with the Director of the Office 

24 on Violence Against Women of the Department 

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1 cation designed to promote enforcement of this 

2 section.’’. 

3 (d) GAO STUDY AND REPORT.—Section 833(f) of 

4 the International Marriage Broker Regulation Act of 2005 

5 (8 U.S.C. 1375a(f)) is amended— 

6 (1) in the subsection heading, by striking 

7 ‘‘STUDY AND REPORT.—’’ and inserting ‘‘STUDIES

8 AND REPORTS.—’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(4) CONTINUING IMPACT STUDY AND RE11 PORT.— 

12 ‘‘(A) STUDY.—The Comptroller General 

13 shall conduct a study on the continuing impact 

14 of the implementation of this section and of sec15 tion of 214 of the Immigration and Nationality 

16 Act (8 U.S.C. 1184) on the process for grant17 ing K nonimmigrant visas, including specifically 

18 a study of the items described in subparagraphs 

19 (A) through (E) of paragraph (1). 

20 ‘‘(B) REPORT.—Not later than 2 years 

21 after the date of the enactment of the Violence 

22 Against Women Reauthorization Act of 2012, 

23 the Comptroller General shall submit to the 

24 Committee on the Judiciary of the Senate and 

25 the Committee on the Judiciary of the House of 


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1 Representatives a report setting forth the re2 sults of the study conducted under subpara3 graph (A). 

4 ‘‘(C) DATA COLLECTION.—The Attorney 

5 General, the Secretary of Homeland Security, 

6 and the Secretary of State shall collect and 

7 maintain the data necessary for the Comptroller 

8 General to conduct the study required by para9 graph (1)(A).’’. 

10 TITLE VII—SEXUAL ABUSE IN 

11 PRISONS 

12 SEC. 701. SEXUAL ABUSE IN CUSTODIAL SETTINGS. 

13 (a) SUITS BY PRISONERS.—Section 7(e) of the Civil 

14 Rights of Institutionalized Persons Act (42 U.S.C. 

15 1997e(e)) is amended by inserting before the period at the 

16 end the following: ‘‘or the commission of a sexual act (as 

17 defined in section 2246 of title 18, United States Code)’’. 

18 (b) UNITED STATES AS DEFENDANT.—Section 

19 1346(b)(2) of title 28, United States Code, is amended 

20 by inserting before the period at the end the following: 

21 ‘‘or the commission of a sexual act (as defined in section 

22 2246 of title 18)’’. 

23 (c) ADOPTION AND EFFECT OF NATIONAL STAND24 ARDS.—Section 8 of the Prison Rape Elimination Act of 

25 2003 (42 U.S.C. 15607) is amended— 


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1 (1) by redesignating subsection (c) as sub2 section (e); and 

3 (2) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) APPLICABILITY TO DETENTION FACILITIES OP6 ERATED BY THE DEPARTMENT OF HOMELAND SECU7 RITY.— 

8 ‘‘(1) IN GENERAL.—Not later than 180 days 

9 after the date of enactment of the Violence Against 

10 Women Reauthorization Act of 2011, the Secretary 

11 of Homeland Security shall publish a final rule 

12 adopting national standards for the detection, pre13 vention, reduction, and punishment of rape and sex14 ual assault in facilities that maintain custody of 

15 aliens detained for a violation of the immigrations 

16 laws of the United States. 

17 ‘‘(2) APPLICABILITY.—The standards adopted 

18 under paragraph (1) shall apply to detention facili19 ties operated by the Department of Homeland Secu20 rity and to detention facilities operated under con21 tract with the Department. 

22 ‘‘(3) COMPLIANCE.—The Secretary of Home23 land Security shall— 


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1 ‘‘(A) assess compliance with the standards 

2 adopted under paragraph (1) on a regular 

3 basis; and 

4 ‘‘(B) include the results of the assessments 

5 in performance evaluations of facilities com6 pleted by the Department of Homeland Secu7 rity. 

8 ‘‘(4) CONSIDERATIONS.—In adopting standards 

9 under paragraph (1), the Secretary of Homeland Se10 curity shall give due consideration to the rec11 ommended national standards provided by the Com12 mission under section 7(e). 

13 ‘‘(5) DEFINITION.—As used in this section, the 

14 term ‘detention facilities operated under contract 

15 with the Department’ includes, but is not limited to, 

16 contract detention facilities and detention facilities 

17 operated through an intergovernmental service 

18 agreement with the Department of Homeland Secu19 rity. 

20 ‘‘(d) APPLICABILITY TO CUSTODIAL FACILITIES OP21 ERATED BY THE DEPARTMENT OF HEALTH AND HUMAN

22 SERVICES.— 

23 ‘‘(1) IN GENERAL.—Not later than 180 days 

24 after the date of enactment of the Violence Against 

25 Women Reauthorization Act of 2011, the Secretary 


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1 of Health and Human Services shall publish a final 

2 rule adopting national standards for the detection, 

3 prevention, reduction, and punishment of rape and 

4 sexual assault in facilities that maintain custody of 

5 unaccompanied alien children (as defined in section 

6 462(g) of the Homeland Security Act of 2002 (6 

7 U.S.C. 279(g))). 

8 ‘‘(2) APPLICABILITY.—The standards adopted 

9 under paragraph (1) shall apply to facilities operated 

10 by the Department of Health and Human Services 

11 and to facilities operated under contract with the 

12 Department. 

13 ‘‘(3) COMPLIANCE.—The Secretary of Health 

14 and Human Services shall— 

15 ‘‘(A) assess compliance with the standards 

16 adopted under paragraph (1) on a regular 

17 basis; and 

18 ‘‘(B) include the results of the assessments 

19 in performance evaluations of facilities com20 pleted by the Department of Health and 

21 Human Services. 

22 ‘‘(4) CONSIDERATIONS.—In adopting standards 

23 under paragraph (1), the Secretary of Health and 

24 Human Services shall give due consideration to the 


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1 recommended national standards provided by the 

2 Commission under section 7(e).’’. 

3 TITLE VIII—DATA COLLECTION 

4 SEC. 801. ANNUAL REPORT ON IMMIGRATION APPLICA5 TIONS MADE BY VICTIMS OF ABUSE. 

6 (a) IN GENERAL.—Not later than December 1, 2013, 

7 and annually thereafter, the Secretary of Homeland Secu8 rity shall submit to the Committee on the Judiciary of the 

9 Senate and the Committee on the Judiciary of the House 

10 of Representatives a report that includes the following: 

11 (1) The number of aliens who— 

12 (A) submitted an application for non13 immigrant status under paragraph (15)(T)(i), 

14 (15)(U)(i), or (51) of section 101(a) of the Im15 migration and Nationality Act (8 U.S.C. 

16 1101(a)) during the preceding fiscal year; 

17 (B) were granted such nonimmigrant sta18 tus during such fiscal year; or 

19 (C) were denied such nonimmigrant status 

20 during such fiscal year. 

21 (2) The mean amount of time and median 

22 amount of time to adjudicate an application for such 

23 nonimmigrant status during such fiscal year. 

24 (3) The mean amount of time and median 

25 amount of time between the receipt of an application 


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1 for such nonimmigrant status and the issuance of 

2 work authorization to an eligible applicant during 

3 the preceding fiscal year. 

4 (4) The number of aliens granted continued 

5 presence in the United States under section 

6 107(c)(3) of the Trafficking Victims Protection Act 

7 of 2000 (22 U.S.C. 7105(c)(3)) during the pre8 ceding fiscal year. 

9 (5) A description of any actions being taken to 

10 reduce the adjudication and processing time, while 

11 ensuring the safe and competent processing, of an 

12 application described in paragraph (1) or a request 

13 for continued presence referred to in paragraph (4). 

14 (6) The numbers of adjudicators and managers 

15 working in the VAWA Unit, the length each has 

16 served on the unit, and the years of experience each 

17 has on domestic violence, sexual assault, human 

18 trafficking and crime victimization issues. 

19 (7) A description of the training VAWA Unit 

20 adjudicators and managers received that fiscal year 

21 on domestic violence, sexual assault, human traf22 ficking and crime victimization and VAWA confiden23 tiality issues. 

24 (8) A description of the training Immigration 

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1 er Patrol enforcement agents and Immigration and 

2 Custom’s Enforcement trial attorneys and chief 

3 counsel mandatorily receive and optionally receive 

4 on— 

5 (A) VAWA confidentiality; 

6 (B) screening to identify immigrants eligi7 ble for— 

8 (i) humanitarian release; 

9 (ii) favorable exercise of prosecutorial 

10 discretion; or 

11 (iii) U visas, T visas, and VAWA self12 petitions or other forms of VAWA con13 fidentiality protected relief; 

14 (C) the Department of Homeland Security 

15 broadcast message on VAWA confidentiality 

16 and the Central Index System’s new 384 class 

17 of admission code; 

18 (D) U-visa certification and T-visa en19 dorsement by Department of Homeland Secu20 rity officials and State law enforcement; and 

21 (E) collaboration with local law enforce22 ment and victim services programs on VAWA 

23 self-petitioning, VAWA cancellation of removal, 

24 U-visa and T-visa cases. 


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1 (9) The number of VAWA confidentiality viola2 tion complaints filed including— 

3 (A) the data on the types of complaints 

4 filed; 

5 (B) each division in which the employee 

6 works against whom the complaint was filed; 

7 (C) the outcome, including any action 

8 taken on the complaint; 

9 (D) the mean and median time between re10 ceipt of the complaint and culmination of action 

11 on the complaint; and 

12 (E) the report shall not include any per13 sonally identifying information about the com14 plainant, the person against whom the com15 plaint was filed, or any witnesses. 

16 (10) The degree of compliance with the Prison 

17 Rape Elimination Act of 2003, as amended by this 

18 Act, achieved by each detention facility operated by 

19 the Department of Homeland Security and each de20 tention facility operated under contract with the De21 partment during the preceding fiscal year. 

22 (11) The number of reports alleging sexual 

23 abuse filed at each detention facility operated by the 

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1 partment during the preceding fiscal year, including 

2 an indication of the number of reports sustained at 

3 each facility. 

4 (b) REPORTING REQUIREMENT.—Not later than De5 cember 1, 2012, and annually thereafter, the Legal Serv6 ices Corporation shall submit a report to the Senate Com7 mittee on the Judiciary and the House Committee on the 

8 Judiciary identifying the following: 

9 (1) Steps taken to consult with and include pro10 grams serving victims of domestic violence, dating 

11 violence, sexual assault, and stalking, population 

12 specific programs, culturally specific programs, and 

13 representatives from underserved populations in 

14 community consultations used to determine what 

15 services each Legal Services Corporation funded pro16 gram provides. 

17 (2) Steps taken by the Corporation to imple18 ment and provide training to programs funded by 

19 the Corporation on the provisions of section 104 of 

20 the Violence Against Women and Department of 

21 Justice Reauthorization Act of 2005. 

22 (3) The number and proportion of programs re23 ceiving funding from the Corporation that have im24 plemented policies and procedures (including those 

25 for intake and screening) designed to ensure that 


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1 victims described in section 104 of the Violence 

2 Against Women and Department of Justice Reau3 thorization Act of 2005 are able to access legal as4 sistance from the program. 

5 (c) STUDY.—The Comptroller General of the United 

6 States shall conduct a study— 

7 (1) on the impact of section 384 of the Illegal 

8 Immigration Reform and Immigration Responsibility 

9 Act (IIRAIRA) (8 U.S.C. 1367) and section 

10 239(e)(1) of the Immigration and Nationality Act (8 

11 U.S.C. 1229(e)(1)) and the VAWA confidentiality 

12 protections generally, including in particular— 

13 (A) the annual number of aliens receiving 

14 certification subject to 239(e)(1) of the Immi15 gration and Nationality Act (8 U.S.C. 

16 1229(e)(1)); and 

17 (B) the annual number of aliens described 

18 insection 384 of IIRAIRA and cases contained 

19 in the computerized section 384 confidentiality 

20 system who— 

21 (i) have been issued notices to appear 

22 by the Department of Homeland Security; 

23 (ii) have pending cases in immigration 

24 proceedings; 


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1 (iii) have orders of removal issued 

2 against them; 

3 (iv) have been issued immigration de4 tainers; or 

5 (v) have been placed in detention by 

6 the Department of Homeland Security; 

7 (2) that examines the extent to which the At8 torney General, the Secretary of Homeland Security, 

9 the Secretary of State, and local law enforcement 

10 agencies participating in the program under section 

11 287(g) of the Immigration and Nationality Act, have 

12 implemented policies, practices, or protocols that— 

13 (A) screen for victimization, eligibility for 

14 humanitarian release, and eligibility for relief 

15 under sections 101(a)(15)(T), 101(a)(15)(U), 

16 101(a)(27)(J), 101(a)(51), 106, 240A(b)(2), 

17 244(a)(3) (as in effect on March 31, 1997) of 

18 the Immigration and Nationality Act or section 

19 107(b)(1)(E)(i)(II)(bb) of the Trafficking Vic20 tims Protection Act of 2000 (22 U.S.C. 710); 

21 (B) provide potential victims with informa22 tion about the forms of immigration relief listed 

23 in subparagraph (A); 

24 (C) result in T- and U-visa certification; 

25 and 


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1 (D) are designed to ensure that immigrant 

2 victims are not subjected to immigration en3 forcement related to the perpetrator’s actions or 

4 communications; 

5 (3) that reports on the number of section 

6 298(g) jurisdictions that have memoranda of under7 standing with the Secretary of Homeland Security 

8 requiring practices that result in T- and U-visa cer9 tifications and compliance with VAWA confiden10 tiality protections by officers and departments par11 ticipating in the section 287(g) program; and 

12 (4) that reports on the proportion of Federal, 

13 State and local law enforcement agencies that— 

14 (A) have designated an individual to sign 

15 U-visa certifications; 

16 (B) have U-visa certification policies or 

17 protocols; and 

18 (C) have received training in— 

19 (i) U-visa certification; and 

20 (ii) T-visa endorsement. 

21 (d) REPORT.—Not later than 2 years after the date 

22 of enactment of this Act, the Comptroller General shall 

23 submit to the Committee on the Judiciary of the Senate 

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1 resentatives a report setting forth the results of the study 

2 conducted under subsection (b). 

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

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

5 of this Act. 

6 SEC. 802. DATA COLLECTION AND REPORTING. 

7 (a) ANNUAL REPORT TO CONGRESS.—Not later than 

8 December 1, 2012, and annually thereafter, the Secretary 

9 shall submit a report to the Senate Committee on the Ju10 diciary and the House Committee on the Judiciary a re11 port stating— 

12 (1) the number of persons (primary applicants 

13 and derivative beneficiaries, total and by State) who 

14 have applied for, been granted, or been denied a visa 

15 or a petition, adjustment of status, work authoriza16 tion, parole, naturalization or otherwise provided 

17 status under paragraphs (15)(T)(i), (15)(U)(i), 

18 (27)(J), and (51) of section 101(a) of the Immigra19 tion and Nationality Act (8 U.S.C. 1101(a)) and 

20 section 106 of such Act, during the preceding fiscal 

21 year; 

22 (2) the number of requests for further evidence 

23 issued for each case type described in subparagraph 

24 (1) during the preceding fiscal year; 


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1 (3) the mean and median time in which it takes 

2 to adjudicate applications for relief, and adjustments 

3 of status submitted under subparagraph (T)(i) or 

4 (U)(i), of section 101(a)(15), section 101(a)(27)(J), 

5 section 101(a)(51), and section 106 of the Immigra6 tion and Nationality Act (8 U.S.C. 1101) during the 

7 preceding fiscal year; 

8 (4) the mean and median time between the re9 ceipt of applications for visas submitted under sub10 paragraph (T) or (U) of section 101(a)(15), section 

11 101(a)(27)(J), or section 101(a)(51) of the Immi12 gration and Nationality Act (8 U.S.C. 1101) and the 

13 issuance of work authorization to eligible applicants 

14 during the preceding fiscal year; 

15 (5) the number of victims granted continued 

16 presence in the United States under section 

17 107(c)(3) of the Trafficking Victims Protection Act 

18 of 2000 during the preceding fiscal year; and 

19 (6) any efforts being taken to reduce the adju20 dication and processing time, while ensuring the safe 

21 and competent processing of the applications de22 scribed in subsections (a), (b), (c), and (d) of this 

23 section. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS