I 

109TH CONGRESS 

1ST SESSION H. R. 2092 

To amend the Immigration and Nationality Act to comprehensively reform 

immigration law and to better protect immigrant victims of violence, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2005 

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 

to the Committee on the Judiciary, and in addition to the Committees 

on Ways and Means, Energy and Commerce, Agriculture, Homeland Security, and Financial Services, 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 amend the Immigration and Nationality Act to comprehensively reform immigration law and to better protect immigrant victims of violence, 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; REFERENCES TO ACT. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Save America Comprehensive Immigration Act of 2005’’. 
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1 (b) REFERENCES TO THE IMMIGRATION AND NA2 TIONALITY ACT.—Except as otherwise expressly provided, 

3 whenever in this Act an amendment or repeal is expressed 

4 in terms of an amendment to, or repeal of, a section or 

5 other provision, the reference shall be considered to be 

6 made to a section or other provision of the Immigration 

7 and Nationality Act. 

8 TITLE I—FAMILY-BASED 

9 IMMIGRATION 

10 SEC. 101. INCREASING THE ALLOCATION OF FAMILY-BASED 

11 IMMIGRANT VISAS. 

12 Section 201(c)(8 U.S.C. 115(c)) is amended to read 

13 as follows: 

14 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

15 IMMIGRANTS.—The worldwide level of family-sponsored 

16 immigrants under this subsection for a fiscal year shall 

17 be no more than 960,000.’’. 

18 SEC. 102. PROTECTION AGAINST PROCESSING DELAYS. 

19 (a) AGE-OUT PROTECTION FOR CHILDREN.— 

20 (1) IN GENERAL.—Chapter 1 of title IV (8 

21 U.S.C. 1101 note) is amended by adding at the end 

22 the following: 

23 ‘‘AGE-OUT PROTECTION FOR CHILDREN

24 ‘‘SEC. 408. (a) IN GENERAL.—In the case of an ap25 plication initially to grant a benefit under this Act (other 

26 than an application for naturalization) that otherwise 
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1 would be granted only after a determination that the bene2 ficiary of the application is a child (such as classification 

3 as an immediate relative under section 201(b)(2)(A)(i)), 

4 if the application is neither approved nor denied (on proce5 dural or substantive grounds) during the 90-day period 

6 beginning on the date of the filing of the application, the 

7 beneficiary shall be considered to be a child for all pur8 poses related to the receipt of the benefit if the beneficiary 

9 was a child on the last day of such 90-day period, and 

10 the beneficiary shall not otherwise be prejudiced with re11 spect to such determination by such delay, and shall be 

12 considered to be a child under this Act for all purposes 

13 related to such application. 

14 ‘‘(b) TERMINATION OF BENEFIT.—Subsection (a) 

15 shall remain in effect until the termination of the 1-year 

16 period beginning on the date on which the application de17 scribed in such paragraph is approved.’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents is amended by inserting after the item relating 

20 to section 407 the following: 

‘‘Sec. 408. Age-out protection for children.’’. 

21 (b) TIMELINESS OF ADOPTION FOR IMMIGRATION

22 PURPOSES.— 

23 (1) IN GENERAL.—Section 101(b)(1)(E)(i) (8 

24 U.S.C. 1101(b)(1)(E)(i)) is amended by striking ‘‘a 

25 child adopted while under the age of sixteen years’’ 
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1 and inserting ‘‘a child, under the age of 16 when 

2 adoption proceedings were initiated,’’. 

3 (2) SPECIAL RULE FOR SIBLINGS.—Section 

4 101(b)(1)(E)(ii)(III) (8 U.S.C. 

5 1101(b)(1)(E)(ii)(III)) is amended by striking 

6 ‘‘adopted while under the age of 18 years’’ and in7 serting ‘‘under the age of 18 when adoption pro8 ceedings were initiated’’. 

9 SEC. 103. TEMPORARY STATUS PENDING RECEIPT OF PER10 MANENT RESIDENT STATUS. 

11 (a) CLASSES OF NONIMMIGRANT ALIENS.—Section 

12 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)) is amended— 

13 (1) by striking ‘‘or’’ at the end of clause (ii); 

14 (2) by adding ‘‘or’’ at the end of clause (iii); 

15 and 

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

17 ‘‘(iv)(I) has concluded a valid mar18 riage with an alien lawfully admitted for 

19 permanent residence, is the parent of a cit20 izen of the United States, or is the child, 

21 son, or daughter of an alien lawfully ad22 mitted for permanent residence or a citizen 

23 of the United States; (II) is the beneficiary 

24 of an approved petition to accord immi25 grant status on the basis of such family re-
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1 lationship that was filed under section 204 

2 by such family member; (III) has available 

3 to the alien an immigrant visa number; 

4 (IV) has waited more than 6 months for 

5 the issuance of an immigrant visa based 

6 upon an application made by the alien; and 

7 (V) seeks to enter the United States to 

8 await such issuance;’’. 

9 (b) ADMISSION OF NONIMMIGRANTS.—Section 

10 214(d) (8 U.S.C. 1184(d)) is amended— 

11 (1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 

12 and 

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

14 ‘‘(2) A visa shall not be issued under the provisions 

15 of section 101(a)(15)(K)(iv) until the consular officer has 

16 received a petition filed in the United States by the lawful 

17 permanent resident or citizen relative of the applying alien 

18 and approved by the Secretary of Homeland Security. The 

19 petition shall be in such form and contain such informa20 tion as the Secretary shall, by regulation, prescribe.’’. 

21 SEC. 104. ELIMINATION OF AFFIDAVIT OF SUPPORT RE22 QUIREMENT. 

23 (a) GROUNDS FOR INELIGIBILITY FOR ADMISSION.— 

24 Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended— 
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1 (1) by amending subparagraph (B)(ii) to read 

2 as follows: 

3 ‘‘(ii) If an alien submits an affidavit of 

4 support described in section 213A, in addition 

5 to the factors under clause (i), the consular of6 ficer or the Attorney General shall also consider 

7 such affidavit in determining whether the alien 

8 is inadmissible under this paragraph.’’; and 

9 (2) by striking subparagraphs (C) and (D). 

10 (b) REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

11 SUPPORT.—Subsections (a)(1)(A), (f)(1)(E), and 

12 (f)(4)(B)(i) of section 213A (8 U.S.C. 1183a(a)(1)(A), 

13 (f)(1)(E), and (f)(4)(B)(i)) are amended by striking 

14 ‘‘125’’ and inserting ‘‘100’’. 

15 SEC. 105. ACQUISITION OF CITIZENSHIP FOR CHILDREN 

16 BORN ABROAD AND OUT OF WEDLOCK TO A 

17 UNITED STATES CITIZEN FATHER. 

18 (a) REQUIREMENTS FOR CITIZENSHIP ELIGI19 BILITY.—Section 309(a) (8 U.S.C. 1409(a)) is amended— 

20 (1) in paragraph (2), by adding ‘‘and’’ at the 

21 end; 

22 (2) by striking paragraph (3); 

23 (3) in paragraph (4), by striking ‘‘while the 

24 person is under the age of 18 years—’’ and inserting 

25 ‘‘at any time—’’; and 
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1 (4) by redesignating paragraph (4) as para2 graph (3). 

3 (b) CLARIFICATION REGARDING DECEASED PAR4 ENTS OF CHILDREN BORN ABROAD AND OUT OF WED5 LOCK.—Section 309 (8 U.S.C. 1409) is amended by add6 ing at the end the following: 

7 ‘‘(d) Nothing in this section shall be construed to pre8 clude a person who is a citizen or national of the United 

9 States by virtue of a provision of this section from estab10 lishing such status under this title after the death of the 

11 person’s father, mother, or parents.’’. 

12 (c) APPLICATION OF CITIZENSHIP PROVISIONS.— 

13 The amendments made by this Act shall apply to persons 

14 born out of wedlock who are alive on or after the date 

15 of the enactment of this Act. 

16 SEC. 106. ALLOW AUNTS AND UNCLES OR GRANDPARENTS 

17 TO ADOPT ORPHANED OR ABANDONED CHIL18 DREN OF THE DECEASED RELATIVE. 

19 Section 101(b) is amended by— 

20 (1) striking ‘‘or’’ at the end of subparagraph 

21 (E) and inserting a semicolon; 

22 (2) striking the period at the end of subpara23 graph (F) and inserting ‘‘; or’’; and 

24 (3) by inserting the following subparagraph: 
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1 ‘‘(G) a child adopted in the United States 

2 or abroad or who is coming to the United 

3 States for adoption by a grandparent, aunt or 

4 uncle while under the age of eighteen years, 

5 who has suffered the death or disappearance of, 

6 abandonment or desertion by, or separation or 

7 loss from, both parents, or for whom the sole or 

8 surviving parent is incapable of providing prop9 er care and has consented in writing to the 

10 adoption, if the Secretary of Homeland Security 

11 is satisfied that proper care will be furnished 

12 the child if admitted to the United States. No 

13 natural parent or prior adoptive parent of any 

14 such child shall thereafter, by virtue of such 

15 parentage, be accorded any right, privilege, or 

16 status under this Act. Nothing in this sub17 section shall be construed to require the child to 

18 be released to an orphanage as a prerequisite 

19 for eligibility.’’. 

20 SEC. 107. ELIMINATING THE WIDOWED IMMIGRANTS 2- 

21 YEAR MARRIAGE PENALTY AND SURVIVING 

22 IMMEDIATE RELATIVES PENALTY. 

23 (a) REQUIREMENTS FOR ELIMINATING WIDOW PEN24 ALTY.—Section 201(b)(2)(A)(i) (8 U.S.C. 1151 

25 (b)(2)(A)(i)) is amended— 
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1 (1) by striking ‘‘for at least 2 years’’; 

2 (2) by inserting ‘‘, and if married for less than 

3 two years at the time of the citizen’s death proves 

4 by a preponderance of the evidence that the mar5 riage was entered into in good faith and not solely 

6 for the purpose of obtaining an immigration ben7 efit,’’ after ‘‘within 2 years after such date’’; and 

8 (3) by inserting the following sentence after the 

9 sentence ending with ‘‘remarries.’’: ‘‘In the case of 

10 an alien who was the child or parent of a citizen of 

11 the United States at the time of the citizen’s death, 

12 the alien shall be considered, for purposes of this 

13 subsection, to remain an immediate relative after the 

14 date of the citizen’s death but only if the alien files 

15 a petition under section 204(a)(1)(A)(ii), as amend16 ed, within two years after such date in the case of 

17 a parent, or prior to reaching the age of 21 in the 

18 case of a child.’’. 

19 (b) REQUIREMENTS FOR ELIMINATING SURVIVING

20 IMMEDIATE RELATIVE PENALTY.—Section 

21 204(a)(1)(A)(ii) (8 U.S.C. 1154 (a)(1)(A)(ii)) is amended 

22 by inserting ‘‘or an alien child or alien parent described 

23 in the third sentence of section 201(b)(2)(A)(i)’’ after 

24 ‘‘section 201(b)(2)(A)(i)’’. 
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1 (c) TRANSITION PERIOD.—In applying section 

2 201(b)(2)(A)(i) (8 U.S.C. 1154(b)(2)(A)(i)), as amended, 

3 in the case of an alien whose citizen relative died before 

4 the date of the enactment of this Act, the alien relative 

5 may (notwithstanding the deadlines specified in such sub6 section) file the classification petition referred to in such 

7 subsection within 2 years after the date of the enactment 

8 of this Act. 

9 (d) APPLICATIONS FOR ADJUSTMENT OF STATUS.— 

10 Section 245 (8 U.S.C. 1255) is amended by adding at the 

11 end the following: 

12 ‘‘(n) APPLICATIONS FOR ADJUSTMENT OF STATUS

13 BY SURVIVING SPOUSES, CHILDREN, AND PARENTS.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding sub15 sections (a) and (c) (except subsection (c)(6)) of sec16 tion 245 of the Immigration and Nationality Act (8 

17 U.S.C. 1255), any alien described in paragraph (2) 

18 who applied for adjustment of status prior to the 

19 death of the qualifying relative, may have such ap20 plication adjudicated as if such death had not oc21 curred. 

22 ‘‘(2) ALIEN DESCRIBED.—An alien is described 

23 in this paragraph if the alien was— 

24 ‘‘(A) an immediate relative as described in 

25 section 201(b)(2)(A)(i); 
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1 ‘‘(B) a family-sponsored immigrant as de2 scribed in section 203(a) or (d); 

3 ‘‘(C) a derivative beneficiary of an employ4 ment-based immigrant under section 203(b), as 

5 described in section 203(d); or 

6 ‘‘(D) a derivative beneficiary of a diversity 

7 immigrant as described in section 203(c).’’. 

8 (e) TRANSITION PERIOD.—Notwithstanding a prior 

9 denial of an application for adjustment of status, in the 

10 case of an alien whose qualifying relative died before the 

11 date of the enactment of this Act, such application may 

12 be renewed by the alien through a motion to reopen, with13 out fee, filed within two years after the date of the enact14 ment of this Act. In the case of an alien who was deported, 

15 removed, or departed voluntarily before the date of the 

16 enactment of this Act, such alien shall be eligible for pa17 role into the United States pursuant to the Attorney Gen18 eral’s authority under section 212(d)(5), and such alien’s 

19 application for adjustment of status shall be considered 

20 notwithstanding section 212(a)(9). 

21 SEC. 108. ELIMINATING THE WIDOWED PERMANENT RESI22 DENT’S NATURALIZATION PENALTY. 

23 Section 319(a) (8 U.S.C. 1429(a)) is amended by in24 serting ‘‘or, if the spouse is deceased, the spouse was a 
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1 citizen of the United States,’’ after ‘‘(a) Any person whose 

2 spouse is a citizen of the United States,’’. 

3 TITLE II—LEGALIZATION FOR 

4 LONG-TERM RESIDENTS 

5 SEC. 201. EARNED ACCESS TO LEGALIZATION. 

6 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

7 1255 et seq.) is amended by inserting after section 245A 

8 the following: 

9 ‘‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED

10 ACCESS TO LEGALIZATION

11 ‘‘SEC. 245B. (a) IN GENERAL.—The Secretary of 

12 Homeland Security may adjust the status of an alien to 

13 that of an alien lawfully admitted for permanent residence 

14 if the alien— 

15 ‘‘(1) was physically present in the United 

16 States for a continuous period of not less than 5 

17 years immediately preceding the date on which this 

18 provision was enacted and has maintained contin19 uous physical presence since then; 

20 ‘‘(2) has at all times been a person of good 

21 moral character; 

22 ‘‘(3) has never been convicted of a criminal of23 fense in the United States; 

24 ‘‘(4) in the case of an alien who is 18 years of 

25 age or older, but who is not over the age of 65, has 

26 successfully completed a course on reading, writing, 
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1 and speaking words in ordinary usage in the English 

2 language, unless unable to do so on account of phys3 ical or developmental disability or mental impair4 ment; 

5 ‘‘(5) in the case of an alien 18 years of age or 

6 older, has accepted the values and cultural life of the 

7 United States; and 

8 ‘‘(6) in the case of an alien 18 years of age or 

9 older, has performed at least 40 hours of community 

10 service. 

11 ‘‘(b) TREATMENT OF BRIEF, CASUAL, AND INNO12 CENT ABSENCES.—An alien shall not be considered to 

13 have failed to maintain a continuous presence in the 

14 United States for purposes of subsection (a)(1) by virtue 

15 of brief, casual, and innocent absences from the United 

16 States. 

17 ‘‘(c) ADMISSIBLE AS IMMIGRANT.— 

18 ‘‘(1) IN GENERAL.—The alien shall establish 

19 that the alien is admissible to the United States as 

20 immigrant, except as otherwise provided in para21 graph (2). 

22 ‘‘(2) EXCEPTIONS.—The provisions of para23 graphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), 

24 (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) 
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1 shall not apply in the determination of an alien’s ad2 missibility under this section. 

3 ‘‘(d) SECURITY AND LAW ENFORCEMENT CLEAR4 ANCES.—The alien, if over 15 years of age, shall submit 

5 fingerprints in accordance with procedures established by 

6 the Secretary of Homeland Security. Such fingerprints 

7 shall be submitted to relevant Federal agencies to be 

8 checked against existing databases for information relat9 ing to criminal, national security, or other law enforce10 ment actions that would render the alien ineligible for ad11 justment of status under this section. The Secretary of 

12 Homeland Security shall provide a process for challenging 

13 the accuracy of matches that result in a finding of ineligi14 bility for adjustment of status. 

15 ‘‘(e) INAPPLICABILITY OF NUMERICAL LIMITA16 TIONS.—When an alien is granted lawful permanent resi17 dent status under this subsection, the number of immi18 grant visas authorized to be issued under any provision 

19 of this Act shall not be reduced. The numerical limitations 

20 of sections 201 and 202 shall not apply to adjustment of 

21 status under this section. 

22 ‘‘(f) TERMINATION OF PROCEEDINGS.—The Sec23 retary of Homeland Security may terminate removal pro24 ceedings without prejudice pending the outcome of an 

25 alien’s application for adjustment of status under this sec-
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1 tion on the basis of a prima facie showing of eligibility 

2 for relief under this section.’’. 

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

4 is amended by inserting after the item relating to section 

5 245A the following: 

‘‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’’. 

6 SEC. 202. LEGALIZATION PROVISIONS FOR CHILDREN. 

7 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

8 1255 et seq.), as amended by section 201, is further 

9 amended by inserting after section 245B the following: 

10 ‘‘ADJUSTMENT OF STATUS FOR CERTAIN CHILDREN

11 ‘‘SEC. 245C. (a) IN GENERAL.—The Secretary of 

12 Homeland Security may adjust the status of an alien to 

13 that of an alien lawfully admitted for permanent residence 

14 if the alien is a child at the time of filing the application 

15 for such adjustment and establishes that the alien, at such 

16 time— 

17 ‘‘(1) has been physically present and enrolled in 

18 school in the United States for a continuous period 

19 of not less than 5 years immediately preceding the 

20 date of such application, and during that period has 

21 been a person of good moral character; 

22 ‘‘(2) has fully integrated into life in the United 

23 States; 
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1 ‘‘(3) has learned English or is satisfactorily 

2 pursuing a course of study to achieve an under3 standing of English; 

4 ‘‘(4) is successfully pursuing an elementary 

5 school, middle school, high school, or college-level 

6 education; and 

7 ‘‘(5) if older than 13 years of age, has per8 formed at least 60 hours of community service. 

9 ‘‘(b) TREATMENT OF BRIEF, CASUAL, AND INNO10 CENT ABSENCES.—An alien shall not be considered to 

11 have failed to maintain a continuous presence in the 

12 United States for purposes of subsection (a)(1) by virtue 

13 of brief, casual, and innocent absences from the United 

14 States. 

15 ‘‘(c) ADMISSIBLE AS IMMIGRANT.— 

16 ‘‘(1) IN GENERAL.—The alien shall establish 

17 that the alien is admissible to the United States as 

18 an immigrant, except as otherwise provided in para19 graph (2). 

20 ‘‘(2) APPLICABILITY OF CERTAIN PROVI21 SIONS.— 

22 ‘‘(A) GROUNDS OF INADMISSIBILITY NOT

23 APPLIED.—The provisions of paragraphs (5), 

24 (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), 

25 (9)(B), and (9)(C) of section 212(a) shall not 
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1 apply in the determination of an alien’s admis2 sibility under this section. 

3 ‘‘(B) WAIVER OF OTHER GROUNDS.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), the Secretary of Home6 land Security may waive any other provi7 sion of section 212(a) in the case of an in8 dividual alien for humanitarian purposes, 

9 to assure family unity, or when it is other10 wise in the public interest. 

11 ‘‘(ii) GROUNDS THAT MAY NOT BE

12 WAIVED.—The following provisions of sec13 tion 212(a) may not be waived by the Sec14 retary under clause (i): 

15 ‘‘(I) Paragraphs (2)(A) and 

16 (2)(B) (relating to criminals). 

17 ‘‘(II) Paragraph (2)(C) (relating 

18 to drug offenses), except for so much 

19 of such paragraph as relates to a sin20 gle offense of simple possession of 30 

21 grams or less of marijuana. 

22 ‘‘(III) Paragraph (3) (relating to 

23 security and related grounds). 
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1 ‘‘(d) NO NUMERICAL LIMITATIONS.—The numerical 

2 limitations of sections 201 and 202 shall not apply to ad3 justment of status under this section. 

4 ‘‘(e) CONFIDENTIALITY OF INFORMATION.—Except 

5 as provided in this section, neither the Secretary of Home6 land Security, nor any other official or employee of the 

7 Department of Homeland Security, may— 

8 ‘‘(1) use information furnished by applicant for 

9 an application filed under this section for any pur10 pose other than to make a determination on the ap11 plication; 

12 ‘‘(2) make any publication whereby the infor13 mation furnished by any particular applicant can be 

14 identified; or 

15 ‘‘(3) permit anyone other than the sworn offi16 cers and employees of the Department, the appli17 cant, or a representative of the applicant to examine 

18 individual applications. 

19 ‘‘(f) DISSEMINATION OF INFORMATION.—The Sec20 retary of Homeland Security shall broadly disseminate in21 formation respecting the benefits which aliens may receive 

22 under this section and the requirements to obtain such 

23 benefits.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of contents, 

2 as amended by section 201, is amended further by insert3 ing after the item relating to section 245B the following: 

‘‘Sec. 245C. Adjustment of status for certain children.’’. 

4 SEC. 203. UPDATED REGISTRY PROVISION. 

5 (a) IN GENERAL.—Section 249 (8 U.S.C. 1259) is 

6 amended— 

7 (1) in the section heading by striking ‘‘1972’’ 

8 and inserting ‘‘1986’’; and 

9 (2) in paragraph (a), by striking ‘‘1972’’ and 

10 inserting ‘‘1986’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 is amended in the item relating to section 249 by striking 

13 ‘‘1972’’ and inserting ‘‘1986’’. 

14 TITLE III—BORDER SECURITY 

15 PROVISIONS 

16 SEC. 301. INCREASE THE NUMBER OF INSPECTORS AT AIR17 PORT AND LAND BORDER INSPECTION STA18 TIONS. 

19 In each of the fiscal years 2007 through 2011, the 

20 Secretary of Homeland Security shall, subject to the avail21 ability of appropriations for such purpose, increase by not 

22 less than 1,000 the number of positions for full-time active 

23 duty immigration inspectors at airport and land border in24 spection stations within the Department of Homeland Se-
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1 curity above the number of such positions for which funds 

2 were allotted for the preceding fiscal year. 

3 SEC. 302. ESTABLISH A SPECIAL TASK FORCE FOR COORDI4 NATING AND DISTRIBUTING INFORMATION 

5 ON FRAUDULENT IMMIGRATION DOCU6 MENTS. 

7 (a) IN GENERAL.—The Secretary of Homeland Secu8 rity shall establish a task force (to be known as the Task 

9 Force on Fraudulent Immigration Documents) to carry 

10 out the following: 

11 (1) Collect information from Federal, State and 

12 local law enforcement agencies, and Foreign govern13 ments on the production, sale, and distribution of 

14 fraudulent documents intended to be used to enter 

15 or to remain in the United States unlawfully. 

16 (2) Maintain that information in a comprehen17 sive database. 

18 (3) Convert the information into reports that 

19 will provide guidance for government officials on 

20 identifying fraudulent documents being used to enter 

21 or to remain in the United States unlawfully. 

22 (4) Develop a system for distributing these de23 ports on an ongoing basis to appropriate Federal, 

24 State and local law enforcement agencies. 
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1 (b) DISTRIBUTION OF INFORMATION.—Distribute the 

2 reports to appropriate Federal, State and local law en3 forcement agencies on an ongoing basis. 

4 SEC. 303. NEW NONIMMIGRANT VISA CLASSIFICATION TO 

5 ENABLE INFORMANTS TO ENTER THE 

6 UNITED STATES AND REMAIN TEMPORARILY. 

7 (a) IN GENERAL.—Section 101(a)(15)(S) (8 U.S.C. 

8 1101(a)(15)(S)) is amended— 

9 (1) in clause (i), by striking ‘‘or’’ at the end; 

10 (2) in clause (ii), by striking the comma at the 

11 end and inserting ‘‘; or’’; 

12 (3) by inserting after clause (ii) the following: 

13 ‘‘(iii) who the Secretary of Homeland 

14 Security, the Secretary of State, or the At15 torney General determines— 

16 ‘‘(I) is in possession of critical re17 liable information concerning a com18 mercial alien smuggling organization 

19 or enterprise or a commercial oper20 ation for making or trafficking in doc21 uments to be used for entering or re22 maining in the United States unlaw23 fully; 
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1 ‘‘(II) is willing to supply or has 

2 supplied such information to a Fed3 eral or State court; or 

4 ‘‘(III) whose presence in the 

5 United States the Secretary of Home6 land Security, the Secretary of State, 

7 or the Attorney General determines is 

8 essential to the success of an author9 ized criminal investigation, the suc10 cessful prosecution of an individual in11 volved in the commercial alien smug12 gling organization or enterprise, or 

13 the disruption of such organization or 

14 enterprise or a commercial operation 

15 for making or trafficking in docu16 ments to be used for entering or re17 maining in the United States unlaw18 fully. ’’; 

19 (4) by inserting ‘‘, or with respect to clause 

20 (iii), the Secretary of Homeland Security, the Sec21 retary of State, or the Attorney General’’ after 

22 ‘‘jointly’’; and 

23 (5) by striking ‘‘(i) or (ii)’’ and inserting ‘‘(i), 

24 (ii), or (iii)’’. 
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1 (b) ADMISSION OF NONIMMIGRANTS.—Section 

2 214(k) (8 U.S.C. 1184(k)) is amended— 

3 (1) by adding at the end of paragraph (1) the 

4 following: 

5 ‘‘The number of aliens who may be provided a visa as non6 immigrants under section 101(a)(15)(S)(iii) in any fiscal 

7 year may not exceed 400.’’; and 

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

9 ‘‘(5) If the Secretary of Homeland Security, the 

10 Secretary of State, or the Attorney General deter11 mines that a nonimmigrant described in clause (iii) 

12 of section 101(a)(15)(S), or that of any family mem13 ber of such a nonimmigrant who is provided non14 immigrant status pursuant to such section, must be 

15 protected, such official may take such lawful action 

16 as the official considers necessary to effect such pro17 tection.’’. 

18 SEC. 304. ADJUSTMENT OF STATUS WHEN NEEDED TO PRO19 TECT INFORMANTS. 

20 Section 245(j) (8 U.S.C. 1255(j)) is amended— 

21 (1) in paragraph (3), by striking ‘‘(1) or (2),’’ 

22 and inserting ‘‘(1), (2), (3), or (4),’’; 

23 (2) by redesignating paragraph (3) as para24 graph (5); 
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1 (3) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) If, in the opinion of the Secretary of 

4 Homeland Security, the Secretary of State, or the 

5 Attorney General— 

6 ‘‘(A) a nonimmigrant admitted into the 

7 United States under section 101(a)(15)(S)(iii) 

8 has supplied information described in subclause 

9 (I) of such section; and 

10 ‘‘(B) the provision of such information has 

11 substantially contributed to the success of a 

12 commercial alien smuggling investigation or an 

13 investigation of the sale or production of fraud14 ulent documents to be used for entering or re15 maining in the United States unlawfully, the 

16 disruption of such an enterprise, or the pros17 ecution of an individual described in subclause 

18 (III) of that section, 

19 the Secretary of Homeland Security may adjust the 

20 status of the alien (and the spouse, children, mar21 ried and unmarried sons and daughters, and parents 

22 of the alien if admitted under that section) to that 

23 of an alien lawfully admitted for permanent resi24 dence if the alien is not described in section 

25 212(a)(3)(E). 
25 

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1 ‘‘(4) The Secretary of Homeland Security may 

2 adjust the status of a nonimmigrant admitted into 

3 the United States under section 101(a)(15)(S)(iii) 

4 (and the spouse, children, married and unmarried 

5 sons and daughters, and parents of the non6 immigrant if admitted under that section) to that of 

7 an alien lawfully admitted for permanent residence 

8 on the basis of a recommendation of the Secretary 

9 of State or the Attorney General.’’; and 

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

11 ‘‘(6) If the Secretary of Homeland Security, the 

12 Secretary of State, or the Attorney General deter13 mines that a person whose status is adjusted under 

14 this subsection must be protected, such official may 

15 take such lawful action as the official considers nec16 essary to effect such protection.’’. 

17 SEC. 305. REWARDS PROGRAM. 

18 (a) REWARDS PROGRAM.—Section 274 (8 U.S.C. 

19 1324) is amended by adding at the end the following: 

20 ‘‘(e) REWARDS PROGRAM.— 

21 ‘‘(1) IN GENERAL.—There is established in the 

22 Department of Homeland Security a program for 

23 the payment of rewards to carry out the purposes of 

24 this section. 
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1 ‘‘(2) PURPOSE.—The rewards program shall be 

2 designed to assist in the elimination of commercial 

3 operations to produce or sell fraudulent documents 

4 to be used for entering or remaining in the United 

5 States unlawfully and to assist in the investigation, 

6 prosecution, or disruption of a commercial alien 

7 smuggling operation. 

8 ‘‘(3) ADMINISTRATION.—The rewards program 

9 shall be administered by the Secretary of Homeland 

10 Security, in consultation, as appropriate, with the 

11 Attorney General and the Secretary of State. 

12 ‘‘(4) REWARDS AUTHORIZED.—In the sole dis13 cretion of the Secretary of Homeland Security, such 

14 Secretary, in consultation, as appropriate, with the 

15 Attorney General and the Secretary of State, may 

16 pay a reward to any individual who furnishes infor17 mation or testimony leading to— 

18 ‘‘(A) the arrest or conviction of any indi19 vidual conspiring or attempting to produce or 

20 sell fraudulent documents to be used for enter21 ing or remaining in the United States unlaw22 fully or to commit an act of commercial alien 

23 smuggling involving the transportation of aliens 

24 in groups of 10 or more— 
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1 ‘‘(i) in a manner that endangers their 

2 lives; or 

3 ‘‘(ii) who present a life-threatening 

4 health risk to people in the United States; 

5 ‘‘(B) the arrest or conviction of any indi6 vidual committing such an act; 

7 ‘‘(C) the arrest or conviction of any indi8 vidual aiding or abetting the commission of 

9 such an act; 

10 ‘‘(D) the prevention, frustration, or favor11 able resolution of such an act, including the dis12 mantling of an operation to produce or sell 

13 fraudulent documents to be used for entering or 

14 remaining in the United States, or commercial 

15 alien smuggling operations, in whole or in sig16 nificant part; or 

17 ‘‘(E) the identification or location of an in18 dividual who holds a key leadership position in 

19 an operation to produce or sell fraudulent docu20 ments to be used for entering or remaining in 

21 the United States unlawfully or a commercial 

22 alien smuggling operation involving the trans23 portation of aliens in groups of 10 or more— 

24 ‘‘(i) in a manner that endangers their 

25 lives; or 
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1 ‘‘(ii) who present a life-threatening 

2 health risk to people in the United States. 

3 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out this subsection. 

6 Amounts appropriated under this paragraph shall 

7 remain available until expended. 

8 ‘‘(6) INELIGIBILITY.—An officer or employee of 

9 any Federal, State, local, or foreign government 

10 who, while in performance of his or her official du11 ties, furnishes information described in paragraph 

12 (4) shall not be eligible for a reward under this sub13 section for such furnishing. 

14 ‘‘(7) PROTECTION MEASURES.—If the Secretary 

15 of Homeland Security, the Secretary of State, or the 

16 Attorney General determines that an individual who 

17 furnishes information or testimony described in 

18 paragraph (4), or any spouse, child, parent, son, or 

19 daughter of such an individual, must be protected, 

20 such official may take such lawful action as the offi21 cial considers necessary to effect such protection. 

22 ‘‘(8) LIMITATIONS AND CERTIFICATION.— 

23 ‘‘(A) MAXIMUM AMOUNT.—No reward 

24 under this subsection may exceed $100,000, ex-
29 

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1 cept as personally authorized by the Secretary 

2 of Homeland Security. 

3 ‘‘(B) APPROVAL.—Any reward under this 

4 subsection exceeding $50,000 shall be person5 ally approved by the Secretary of Homeland Se6 curity. 

7 ‘‘(C) CERTIFICATION FOR PAYMENT.—Any 

8 reward granted under this subsection shall be 

9 certified for payment by the Secretary of Home10 land Security.’’. 

11 SEC. 306. OUTREACH PROGRAM. 

12 Section 274 (8 U.S.C. 1324), as amended by sub13 section (a), is further amended by adding at the end the 

14 following: 

15 ‘‘(f) OUTREACH PROGRAM.—The Secretary of Home16 land Security, in consultation, as appropriate, with the At17 torney General and the Secretary of State, shall develop 

18 and implement an outreach program to educate the public 

19 in the United States and abroad about— 

20 ‘‘(1) the penalties for— 

21 ‘‘(A) bringing in and harboring aliens in 

22 violation of this section; and 

23 ‘‘(B) participating in a commercial oper24 ation for making, or trafficking in, documents 
30 

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1 to be used for entering or remaining in the 

2 United States unlawfully; and 

3 ‘‘(2) the financial rewards and other incentives 

4 available for assisting in the investigation, disrup5 tion, or prosecution of a commercial smuggling oper6 ation or a commercial operation for making, or traf7 ficking in, documents to be used for entering or re8 maining in the United States unlawfully’’. 

9 TITLE IV—EMPLOYMENT-BASED 

10 IMMIGRATION 

11 SEC. 401. UNFAIR IMMIGRATION-RELATED EMPLOYMENT 

12 PRACTICES. 

13 Section 274B (8 U.S.C. 1324b) is amended— 

14 (1) in subsection (a)(5)— 

15 (A) by amending the paragraph heading to 

16 read ‘‘PROHIBITION OF INTIMIDATION, RETAL17 IATION, OR UNLAWFUL DISCRIMINATION IN

18 EMPLOYMENT’’; 

19 (B) by moving the text down and to the 

20 right 2 ems; 

21 (C) by inserting before such text the fol22 lowing: ‘‘(A) IN GENERAL.—’’; and 

23 (D) by adding at the end the following: 

24 ‘‘(B) FEDERAL LABOR OR EMPLOYMENT

25 LAWS.—It is an unfair employment practice for 
31 

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1 any employer to directly or indirectly threaten 

2 any individual with removal or any other ad3 verse consequences pertaining to that individ4 ual’s immigration status or employment bene5 fits for the purpose of intimidating, pressuring, 

6 or coercing any such individual not to exercise 

7 any right protected by State or Federal labor or 

8 employment law (including section 7 of the Na9 tional Labor Relations Act (29 U.S.C. 157)), or 

10 for the purpose of retaliating against any such 

11 individual for having exercised or having stated 

12 an intention to exercise any such right. 

13 ‘‘(C) DISCRIMINATION BASED ON IMMIGRA14 TION STATUS.—It is an unfair employment 

15 practice for any employer, except to the extent 

16 specifically authorized or required by law, to 

17 discriminate in any term or condition of em18 ployment against any individual employed by 

19 such employer on the basis of such individual’s 

20 immigration status.’’; and 

21 (2) in subsection (c)(2), by adding at the end 

22 the following: ‘‘The Special Counsel shall not dis23 close to the Secretary of Homeland Security or any 

24 other government agency or employee, and shall not 

25 cause to be published in a manner that discloses to 
32 

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1 the Secretary of Homeland Security or any other 

2 government agency or employee, any information ob3 tained by the Special Counsel in any manner con4 cerning the immigration status of any individual who 

5 has filed a charge under this section, or the identity 

6 of any individual or entity that is a party or witness 

7 to a proceedings brought pursuant to such charge. 

8 The Secretary of Homeland Security may not rely, 

9 in whole or in part, in any enforcement action or re10 moval proceeding, upon any information obtained as 

11 a result of the filing or prosecution of an unfair im12 migration-related employment practice charge. For 

13 purposes of this paragraph, the term ‘Special Coun14 sel’ includes individuals formerly appointed to the 

15 position of Special Counsel and any current or 

16 former employee of the office of the Special Counsel. 

17 Whoever knowingly uses, publishes, or permits infor18 mation to be used in violation of this paragraph 

19 shall be fined not more than $10,000.’’. 

20 SEC. 402. DEPARTMENT OF LABOR TASK FORCE. 

21 The Secretary of Labor, in consultation with the At22 torney General and the Secretary of Homeland Security, 

23 shall conduct a national study of American workplaces to 

24 determine the causes, extent, circumstances, and con25 sequences, of exploitation of undocumented alien workers 
33 

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1 by their employers. As part of this study, the Secretary 

2 of Labor shall create a plan for targeted review of Federal 

3 labor law enforcement in industries with a substantial im4 migrant workforce, for the purpose of identifying, moni5 toring, and deterring frequent or egregious violators of 

6 wage and hour, antidiscrimination, National Labor Rela7 tions Act, and workplace safety and health requirements. 

8 Not later than 18 months after the date of the enactment 

9 of this Act, the Secretary of Labor shall submit to the 

10 Congress a report describing the results of the study and 

11 the Secretary’s recommendations based on the study. 

12 SEC. 403. RECRUITMENT OF AMERICAN WORKERS. 

13 Section 214 is amended— 

14 (1) by redesignating subsections (m) (as added 

15 by section 105 of Public Law 106–313), (n) (as 

16 added by section 107(e) of Public Law 106–386), 

17 (o) (as added by section 1513(c) of Public Law 106– 

18 386), (o) (as added by section 1102(b) of the Legal 

19 Immigration Family Equity Act), and (p) (as added 

20 by section 1503(b) of the Legal Immigration Family 

21 Equity Act) as subsections (n), (o), (p), (q), and (r), 

22 respectively; and 

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

24 ‘‘(s)(1) No petition to accord employment status 

25 under any nonimmigrant classification described in section 
34 

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1 101(a)(15) shall be granted in the absence of an affidavit 

2 from the petitioner describing the efforts that were made 

3 to recruit an alien lawfully admitted for permanent resi4 dence or a citizen of the United States before resorting 

5 to a petition to obtain a foreign employee. The recruitment 

6 efforts must have included substantial attempts to find 

7 employees in minority communities. Recruitment efforts in 

8 minority communities should include at least one of the 

9 following, if appropriate for the employment being adver10 tised: 

11 ‘‘(A) Advertise the availability of the job oppor12 tunity for which the employer is seeking a worker in 

13 local newspapers in the labor market that is likely 

14 to be patronized by a potential worker for at least 

15 5 consecutive days. 

16 ‘‘(B) Undertake efforts to advertise the avail17 ability of the job opportunity for which the employer 

18 is seeking a worker through advertisements in public 

19 transportation systems. 

20 ‘‘(C) To the extent permitted by local laws and 

21 regulations, engage in recruitment activities in sec22 ondary schools, recreation centers, community cen23 ters, and other places throughout the communities 

24 within 50 miles of the job site that serve minorities. 
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1 ‘‘(2)(A) The Secretary of Homeland Security shall 

2 impose a 10 percent surcharge on all fees collected for pe3 titions to accord employment status and shall use these 

4 funds to establish an employment training program which 

5 will include unemployed workers in the United States who 

6 need to be trained or retrained. The purpose of this pro7 gram shall be to increase the number of lawful permanent 

8 residents and citizens of the United States who are avail9 able for employment in the occupations that are the sub10 jects of such petitions. At least 50 percent of the funds 

11 generated by this provision must be used to train Amer12 ican workers in rural and inner-city areas. 

13 ‘‘(B) The Secretary of Homeland Security shall re14 serve and make available to the Secretary of Labor a por15 tion of the funds collected under this paragraph. Such 

16 funds shall be used by the Secretary of Labor to establish 

17 an ‘Office to Preserve American Jobs’ within the Depart18 ment of Labor. The purpose of this office shall be to estab19 lish policies intended to ensure that employers in the 

20 United States will hire available workers in the United 

21 States before resorting to foreign labor, giving substantial 

22 emphasis to hiring minority workers in the United 

23 States.’’. 
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1 TITLE V—REMOVAL WAIVERS 

2 SEC. 501. PERMANENT APPLICATION OF SECTION 245(i). 

3 Section 245(i) (8 U.S.C. 1255(i)) is amended— 

4 (1) by inserting ‘‘and’’ at the end of paragraph 

5 (1)(A); 

6 (2) by amending paragraph (1)(B) to read as 

7 follows: 

8 ‘‘(B) who is the beneficiary (including a 

9 spouse or child of the principal alien) of— 

10 ‘‘(i) a petition for classification under 

11 section 204; or 

12 ‘‘(ii) an application for a labor certifi13 cation under section 212(a)(5)(A);’’; 

14 (3) by striking paragraph (1)(C); and 

15 (4) by striking ‘‘Attorney General’’ each place 

16 such term appears and inserting ‘‘Secretary of 

17 Homeland Security’’. 

18 SEC. 502. DISCRETIONARY WAIVER OF INADMISSIBILITY 

19 BASED ON UNLAWFUL PRESENCE, FAILURE 

20 TO ATTEND REMOVAL PROCEEDINGS, AND 

21 MISREPRESENTATIONS. 

22 (a) IN GENERAL.—Section 212(i) (8 U.S.C. 1182(i)) 

23 is amended to read as follows: 

24 ‘‘(i) The Secretary of Homeland Security may waive 

25 the application of subparagraph (A)(i) or (B), or clause 
37 

•HR 2092 IH 

1 (i) or (ii) of subparagraph (C), of subsection (a)(6) in the 

2 case of an immigrant who is the parent, spouse, child, son, 

3 or daughter of a United States citizen or of an alien law4 fully admitted to the United States for permanent resi5 dence, if it is established to the satisfaction of the Sec6 retary that the refusal of admission to the United States 

7 of such immigrant would result in hardship to the immi8 grant or to such citizen or lawful permanent resident par9 ent, spouse, child, son, or daughter.’’. 

10 (b) CONFORMING AMENDMENTS.—Section 212(a)(6) 

11 (8 U.S.C. 1182(a)(6)) is amended— 

12 (1) in subparagraph (A), by adding at the end 

13 the following: 

14 ‘‘(iii) WAIVER AUTHORIZED.—For a 

15 provision authorizing the waiver of clause 

16 (i), see subsection (i).’’; 

17 (2) in subparagraph (B)— 

18 (A) by inserting ‘‘(i)’’ after the subpara19 graph heading; and 

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

21 ‘‘(ii) WAIVER AUTHORIZED.—For a 

22 provision authorizing the waiver of clause 

23 (i), see subsection (i).’’; and 

24 (3) in subparagraph (C)(iii), by inserting ‘‘or 

25 (ii)’’ after ‘‘(i)’’. 
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•HR 2092 IH 

1 SEC. 503. WAIVER OF INADMISSIBILITY FOR MINOR CRIMI2 NAL OFFENSES. 

3 Section 212(h) (8 U.S.C. 1182(h)) is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 striking ‘‘offense of simple possession of 30 grams or 

6 less of marijuana’’ and inserting ‘‘controlled sub7 stance offense for which the alien was not incarcer8 ated for a period exceeding 1 year’’; and 

9 (2) by striking the final two sentences. 

10 SEC. 504. GENERAL WAIVER FOR ALIENS PREVIOUSLY RE11 MOVED AND FOR THE UNLAWFUL PRESENCE 

12 BARS. 

13 (a) IN GENERAL.—Section 212(d) (8 U.S.C. 

14 1182(d)) is amended by adding at the end the following: 

15 ‘‘(14) The Secretary of Homeland Security may, in 

16 the discretion of the Secretary, for humanitarian purposes, 

17 to assure family unity, or when it is otherwise in the public 

18 interest, waive the application of subparagraph (A) or 

19 (B)(i) of subsection (a)(9).’’. 

20 (b) CONFORMING AMENDMENT.—Section 

21 212(a)(9)(B) of such Act (8 U.S.C. 1182(a)(9)(B)) is 

22 amended by striking clause (v). 

23 SEC. 505. WAIVER OF AGGRAVATED FELONY CON24 SEQUENCES. 

25 Section 101 (8 U.S.C. 1101) is amended by adding 

26 at the end the following: 
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•HR 2092 IH 

1 ‘‘(j) For purposes of this Act, and notwithstanding 

2 subsection (a)(43), the Secretary of Homeland Security 

3 may treat any conviction that did not result in incarcer4 ation for more than 1 year as if such conviction were not 

5 a conviction for an aggravated felony. This discretion may 

6 be exercised for humanitarian purposes, to assure family 

7 unity, or when it is otherwise in the public interest.’’. 

8 SEC. 506. DISCRETIONARY WAIVER TO ADMIT PERSONS IN 

9 UNUSUAL CIRCUMSTANCES. 

10 (a) NEW GENERAL WAIVER.—Section 212(d) (8 

11 U.S.C. 1182(d)) is amended by adding at the end the fol12 lowing: 

13 ‘‘(13) The Secretary of Homeland Security 

14 may, in the discretion of such Secretary for humani15 tarian purposes, to assure family unity, or when it 

16 is otherwise in the public interest, waive the applica17 tion of subparagraph (B) or (G) of subsection 

18 (a)(6), clause (i) or (ii) of subsection (a)(9)(A), or 

19 subsection (a)(9)(B)(i), in unusual circumstances. 

20 For purposes of the preceding sentence, an instance 

21 of battering or extreme cruelty is deemed to con22 stitute unusual circumstances in the case where it is 

23 inflicted on an alien (or a child of an alien) by the 

24 alien’s United States citizen or lawful permanent 

25 resident spouse, parent, child, son, or daughter.’’. 
40 

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1 (b) WAIVER FOR ALIENS PREVIOUSLY REMOVED.— 

2 (1) CERTAIN ALIENS PREVIOUSLY REMOVED.— 

3 Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is 

4 amended by adding at the end the following: 

5 ‘‘(iv) WAIVER AUTHORIZED.—For 

6 provision authorizing waiver of clause (i) 

7 or (ii), see subsection (d)(13).’’. 

8 (2) ALIENS UNLAWFULLY PRESENT.—Section 

9 212(a)(9)(B)(v) (8 U.S.C. 1182(A)(9)(B)(v)) is 

10 amended to read as follows: 

11 ‘‘(v) WAIVER AUTHORIZED.—For pro12 vision authorizing waiver of clause (i), see 

13 subsection (d)(13).’’. 

14 SEC. 507. RESTORATION OF SUSPENSION OF DEPORTA15 TION. 

16 (a) CANCELLATION OF REMOVAL.—Section 

17 240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended to read as 

18 follows: 

19 ‘‘(3) has not been convicted of an aggravated 

20 felony for which the sentence imposed is five years 

21 or more.’’. 

22 (b) REPEAL OF RULE FOR TERMINATION OF CON23 TINUOUS PERIOD.— 

24 (1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) 

25 (8 U.S.C. 1229b(a)) is repealed. 
41 

•HR 2092 IH 

1 (2) Section 240A(d) (8 U.S.C. 1229b) is 

2 amended— 

3 (A) by redesignating paragraphs (2) and 

4 (3) as paragraphs (1) and (2), respectively; and 

5 (B) by inserting before the period at the 

6 end of paragraph (1) (as redesignated) the fol7 lowing: ‘‘, unless the alien’s departure from the 

8 United States was due to a temporary trip 

9 abroad required by emergency or extenuating 

10 circumstances outside the control of the alien’’. 

11 (c) CANCELLATION OF REMOVAL AND ADJUSTMENT

12 FOR CERTAIN NONPERMANENT RESIDENTS.—Section 

13 240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to read as 

14 follows: 

15 ‘‘(1) IN GENERAL.—The Attorney General may 

16 cancel removal in the case of an alien who is inad17 missible or deportable from the United States if the 

18 alien— 

19 ‘‘(A) has been physically present in the 

20 United States for a continuous period of— 

21 ‘‘(i) 7 years immediately preceding the 

22 date of application in the case of an 

23 alien— 
42 

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1 ‘‘(I) who is deportable on any 

2 ground other than a ground specified 

3 in clause (ii)(I); and 

4 ‘‘(II) whose deportation would, in 

5 the opinion of the Attorney General, 

6 result in extreme hardship to the alien 

7 or the alien’s spouse, child, parent, 

8 son, or daughter, who is a citizen of 

9 the United States or an alien lawfully 

10 admitted for permanent residence; or 

11 ‘‘(ii) 10 years immediately preceding 

12 the date of application in the case of an 

13 alien— 

14 ‘‘(I) who is deportable for convic15 tion of an offense under section 

16 212(a)(2), 237(a)(2), or 237(a)(3); 

17 and 

18 ‘‘(II) whose deportation would, in 

19 the opinion of the Attorney General, 

20 result in exceptional and extremely 

21 unusual hardship to the alien or the 

22 alien’s spouse, parent, child, son, or 

23 daughter, who is a citizen of the 

24 United States or an alien lawfully ad25 mitted for permanent residence; and 
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1 ‘‘(B) has been a person of good moral 

2 character during such period.’’. 

3 (d) ELIMINATION OF ANNUAL LIMITATION.—Section 

4 240A (8 U.S.C. 1229b) is amended by striking subsection 

5 (e). 

6 TITLE VI—REMOVAL GROUNDS 

7 BASED ON CRIMINAL OFFENSES 

8 SEC. 601. DEFINITION OF MORAL TURPITUDE. 

9 (a) EQUITABLE DEFINITION OF ‘‘MORAL TURPI10 TUDE’’.— 

11 (1) CONVICTION OF CERTAIN CRIMES.—Section 

12 212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is 

13 amended by striking ‘‘of, or who admits having com14 mitted, or who admits committing acts which con15 stitute the essential elements of—’’ and inserting 

16 ‘‘of—’’. 

17 (2) EXCEPTION.—Section 212(a)(2)(A)(ii)(II) 

18 (8 U.S.C. 1182(a)(2)(A)(ii)(II)) is amended— 

19 (A) by striking ‘‘the maximum’’ and all 

20 that follows through ‘‘such crime,’’; and 

21 (B) by striking ‘‘6 months’’ and inserting 

22 ‘‘1 year’’. 

23 (b) EQUITABLE DEFINITION OF ‘‘CRIMES OF MORAL

24 TURPITUDE’’.—Section 237(a)(2)(A)(i)(II) (8 U.S.C. 

25 1227(a)(2)(A)(i)(II)) is amended to read as follows: 
44 

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1 ‘‘(II) for which the alien has been 

2 incarcerated for a period exceeding 

3 one year,’’. 

4 SEC. 602. ‘‘AGGRAVATED FELONY’’ DEFINITIONS. 

5 (a) IN GENERAL.—Section 101(a)(43) (8 U.S.C. 

6 1101(a)(43)) is amended by striking ‘‘The term ‘aggra7 vated felony’ means’’ and inserting ‘‘Aggravated felony 

8 means a felony’’. 

9 (b) ILLICIT TRAFFICKING.—Section 101(a)(43)(B) 

10 (8 U.S.C. 1101(a)(43)(B)) is amended by striking 

11 ‘‘Code);’’ and inserting ‘‘Code), except it does not include 

12 simple possession of a controlled substance;’’. 

13 (c) CRIMES OF VIOLENCE AND THEFT OFFENSES.— 

14 Subparagraphs (F), (G), (R), and (S) of section 

15 101(a)(43) (8 U.S.C. 1101(a)(43)(F), (G), (R), and (S)) 

16 are each amended by striking ‘‘imprisonment’’ and all that 

17 follows through the semicolon and inserting ‘‘imprison18 ment of more than five years;’’. 

19 (d) CORRUPT ORGANIZATIONS AND GAMBLING OF20 FENSES.—Section 101(a)(43)(J) is amended by inserting 

21 ‘‘more than five years’’ after the words ‘‘sentence of’’. 

22 (e) ALIEN SMUGGLING.—Section 101(a)(43)(N) (8 

23 U.S.C. 101(a)(43)(N)) is amended— 

24 (1) by inserting ‘‘committed for the purpose of 

25 commercial advantage,’’ after ‘‘smuggling),’’; and 
45 

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1 (2) by adding at the end a semicolon. 

2 (f) DISCRETIONARY WAIVER IN CASES OF OTHER

3 MINOR FELONIES.—Section 101 (8 U.S.C. 1101) is 

4 amended by adding at the end the following: 

5 ‘‘(i) For purposes of this Act, and notwithstanding 

6 subsection (a)(43), the Attorney General may treat any 

7 conviction that did not result in incarceration for more 

8 than 1 year as if such conviction were not a conviction 

9 for an aggravated felony.’’. 

10 SEC. 603. DEFINITIONS OF ‘‘CONVICTION’’ AND ‘‘TERM OF 

11 IMPRISONMENT’’. 

12 Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amend13 ed— 

14 (1) in subparagraph (A), by striking ‘‘court’’ 

15 and all that follows through the period at the end 

16 and inserting ‘‘court. An adjudication or judgment 

17 of guilt that has been expunged, deferred, annulled, 

18 invalidated, withheld, or vacated, an order of proba19 tion without entry of judgment, or any similar dis20 position shall not be considered a conviction for pur21 poses of this Act.’’; and 

22 (2) in subparagraph (B)— 

23 (A) by inserting ‘‘only’’ after ‘‘deemed to 

24 include’’; and 
46 

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1 (B) by striking ‘‘court of law’’ and all that 

2 follows through the period at the end and in3 serting ‘‘court of law. Any such reference shall 

4 not be deemed to include any suspension of the 

5 imposition or execution of that imprisonment or 

6 sentence in whole or in part.’’. 

7 SEC. 604. ELIMINATING RETROACTIVE CHANGES IN RE8 MOVAL GROUNDS. 

9 (a) APPLICATION OF AGGRAVATED FELONY DEFINI10 TION.—The last sentence of section 101(a)(43) (8 U.S.C. 

11 1101(a)(43)) is amended to read as follows: ‘‘The term 

12 shall not apply to any offense that was not covered by 

13 the term on the date on which the offense occurred.’’. 

14 (b) GROUNDS OF DEPORTABILITY.—Section 237 (8 

15 U.S.C. 1227) is amended by adding at the end the fol16 lowing new subsection: 

17 ‘‘(d) Notwithstanding any other provision of this sec18 tion, an alien is not deportable by reason of committing 

19 any offense that was not a ground of deportability on the 

20 date the offense occurred.’’. 

21 (c) GROUNDS OF INADMISSIBILITY.—Section 212 (8 

22 U.S.C. 1182) is amended by adding at the end the fol23 lowing new subsection: 

24 ‘‘(p) Notwithstanding any other provision of this sec25 tion, an alien is not inadmissible by reason of committing 
47 

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1 any offense that was not a ground of inadmissibility on 

2 the date the offense occurred.’’. 

3 SEC. 605. ELIMINATING UNFAIR RETROACTIVE CHANGES IN 

4 REMOVAL RULES FOR PERSONS PREVIOUSLY 

5 REMOVED. 

6 (a) IN GENERAL.—The Attorney General shall estab7 lish a process by which an alien described in subsection 

8 (b) may apply for reopening a proceeding so as to seek 

9 relief from exclusion, deportation, or removal under sec10 tion 212(c) of the Immigration and Nationality Act, as 

11 such section was in effect prior to the enactment of the 

12 Antiterrorism and Effective Death Penalty Act of 1996, 

13 or section 240A of the Immigration and Nationality Act, 

14 as amended by this Act. 

15 (b) ALIEN DESCRIBED.—An alien referred to in sub16 section (a) is an alien who received a final order of exclu17 sion, deportation, or removal, or a decision on a petition 

18 for review or petition for habeas corpus, on or after Sep19 tember 30, 1996, and who was— 

20 (1) excluded, deported, or removed from the 

21 United States by reason of having committed a 

22 criminal offense that was not a basis for removal, 

23 exclusion, or deportation on the date on which the 

24 offense was committed; 
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1 (2) excluded, deported, or removed from the 

2 United States by reason of having committed a 

3 criminal offense that is not a basis for removal, ex4 clusion, or deportation on the date of enactment of 

5 this Act; or 

6 (3) excluded, deported, or removed from the 

7 United States by reason of having committed a 

8 criminal offense prior to April 24, 1996, for which 

9 there was relief from exclusion, deportation, or re10 moval available prior to such date. 

11 (c) PAROLE.—The Attorney General may in her dis12 cretion exercise the parole authority under section 

13 212(d)(5)(A) of the Immigration and Nationality Act (8 

14 U.S.C. 1182(d)(5)(A)) for the purpose of permitting 

15 aliens excluded, deported, or removed from the United 

16 States to participate in the process established under sub17 section (a), if the alien establishes prima facie eligibility 

18 for the relief. 

19 TITLE VII—DIVERSITY VISAS 

20 SEC. 701. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY 

21 IMMIGRANTS. 

22 Section 201(e) (8 U.S.C. 1151(e)) is amended by 

23 striking ‘‘55,000’’ and inserting ‘‘110,000’’. 
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1 SEC. 702. PERIOD DESIGNATED FOR APPLICATION. 

2 Section 203(e)(1) (8 U.S.C. 1153(e)(1)) is amend3 ed— 

4 (1) by striking ‘‘Attorney General’’ each place 

5 such term appears and and inserting ‘‘Secretary of 

6 Homeland Security’’; and 

7 (2) by adding at the end the following: ‘‘The 

8 Secretary shall provide for a filing system that will 

9 permit unlimited filing throughout the entire period 

10 designated for the filing of petitions. If an electronic 

11 filing system is chosen, the Secretary shall ensure 

12 that the computer equipment and software used to 

13 accept the filed petitions will have the capacity to ac14 cept every application that is submitted during the 

15 period designated for filing the petitions. In the 

16 event that petitions submitted during the designated 

17 period are rejected, the designated period will be ex18 tended for an additional 10-day period.’’. 

19 TITLE VIII—HAITIAN PARITY 

20 SEC. 801. ADJUSTMENT OF STATUS FOR HAITIANS. 

21 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

22 1255 et seq.), as amended by section 202, is further 

23 amended by inserting after section 245C the following: 
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1 ‘‘ADJUSTMENT OF STATUS OF CERTAIN HAITIAN

2 NATIONALS

3 ‘‘SEC. 245D. Notwithstanding the provisions of sec4 tion 245(c), the status of any alien who is a national or 

5 citizen of Haiti, and who has been physically present in 

6 the United States for at least one year, may be adjusted 

7 by the Secretary of Homeland Security, in the Secretary’s 

8 discretion and under such regulations as the Secretary 

9 may prescribe, to that of an alien lawfully admitted for 

10 permanent residence, if the alien makes an application for 

11 such adjustment and the alien is eligible to receive an im12 migrant visa and is admissible to the United States for 

13 permanent residence. Upon approval of such an applica14 tion for adjustment of status, the Secretary shall create 

15 a record of the alien’s admission for permanent residence 

16 as of a date 30 months prior to the filing of such an appli17 cation or the date of the alien’s last arrival into the United 

18 States, whichever date is later. The provisions of this Act 

19 shall be applicable to the spouse and child of any alien 

20 described in this section, regardless of their citizenship 

21 and place of birth, if the spouse or child is residing with 

22 such alien in the United States.’’. 

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

24 as amended by section 202, is further amended by insert25 ing after the item relating to section 245C the following: 

‘‘Sec. 245D. Adjustment of status of certain Haitian nationals.’’. 
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1 (c) SUNSET.—The amendments made by this section 

2 shall cease to be effective on the date that is 3 years after 

3 the date of the enactment of this Act. 

4 SEC. 802. LIMITATION OF ATTORNEY GENERAL’S BOND DIS5 CRETION. 

6 Section 236 (8 U.S.C. 1226) is amended by adding 

7 at the end the following: 

8 ‘‘(f) EXERCISE OF AUTHORITY FOR ARREST, DETEN9 TION, AND RELEASE.—The Secretary of Homeland Secu10 rity shall exercise the discretion afforded under subsection 

11 (a) on a case-by-case basis. If bond is to be denied on 

12 the ground that the alien’s release would give rise to ad13 verse consequences for national security or national immi14 gration policy, the finding of such adverse consequences 

15 shall be based on circumstances pertaining to the indi16 vidual alien whose release is being considered.’’. 

17 SEC. 803. ELIMINATION OF MANDATORY DETENTION IN EX18 PEDITED REMOVAL PROCEEDINGS. 

19 Section 235(b)(1)(B)(iii)(IV) (8 U.S.C. 

20 1225(b)(1)(B)(iii)(IV)) is amended to read as follows: 

21 ‘‘(IV) DETENTION.—Aliens sub22 ject to the procedures under this 

23 clause shall be detained in accordance 

24 with section 236.’’. 
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1 SEC. 804. AMENDMENTS TO HAITIAN AND IMMIGRANT 

2 FAIRNESS ACT OF 1998. 

3 (a) GROUND FOR INADMISSIBILITY FOR DOCUMENT

4 FRAUD DOES NOT APPLY.—The Haitian Refugee Immi5 gration Fairness Act of 1998 (8 U.S.C. 1255 note) is 

6 amended in subsections (a)(1)(B) and (d)(1)(D) of section 

7 902 by inserting ‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’. 

8 (b) DETERMINATIONS WITH RESPECT TO CHIL9 DREN.—Section 902(d) of such Act is amended by adding 

10 at the end the following: 

11 ‘‘(3) DETERMINATIONS WITH RESPECT TO

12 CHILDREN.— 

13 ‘‘(A) USE OF APPLICATION FILING

14 DATE.—Determinations made under this sub15 section as to whether an individual is a child of 

16 a parent shall be made using the age and status 

17 of the individual on the date of the enactment 

18 of this section. 

19 ‘‘(B) APPLICATION SUBMISSION BY PAR20 ENT.—Notwithstanding paragraph (1)(C), an 

21 application under this subsection filed based on 

22 status as a child may be filed for the benefit of 

23 such child by a parent or guardian of the child, 

24 if the child is physically present in the United 

25 States on such filing date.’’. 
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1 SEC. 805. NEW APPLICATIONS AND MOTIONS TO REOPEN. 

2 (a) NEW APPLICATIONS.—Notwithstanding section 

3 902(a)(1)(A) of the Haitian and Immigrant Fairness Act 

4 of 1998, an alien who is eligible for adjustment of status 

5 under such Act, as amended by section 804 of this Act, 

6 may submit an application for adjustment of status under 

7 such Act not later than the later of— 

8 (1) 2 years after the date of the enactment of 

9 this Act; and 

10 (2) 1 year after the date on which final regula11 tions implementing section 804 are promulgated. 

12 (b) MOTIONS TO REOPEN.—The Secretary of Home13 land Security shall establish procedures for the reopening 

14 and reconsideration of applications for adjustment of sta15 tus under the Haitian Refugee Immigration Fairness Act 

16 of 1998 that are affected by the amendments under sec17 tion 804 of this Act. 

18 (c) RELATIONSHIP OF APPLICATION TO CERTAIN OR19 DERS.—Section 902(a)(3) of the Haitian and Immigrant 

20 Fairness Act of 1998 shall apply to an alien present in 

21 the United States who has been ordered excluded, de22 ported, removed, or ordered to depart voluntarily, and who 

23 files an application under subsection (a), or a motion 

24 under subsection (b), in the same manner as such section 

25 902(a)(3) applied to aliens filing applications for adjust26 ment of status under such Act before April 1, 2000. 
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1 SEC. 806. TEMPORARY PROTECTED STATUS FOR HAITIANS. 

2 It is the sense of the Congress that the Secretary of 

3 Homeland Security should be more liberal with respect to 

4 Haiti in deciding whether to designate that country for 

5 temporary protected status under section 244(b)(1)(A) of 

6 the Immigration and Nationality (8 U.S.C. 

7 1254(b)(1)(A)). It is the sense of the Congress that this 

8 decision has sometimes been made without due regard to 

9 the serious threat to personal safety that results from 

10 sending Haitians back to Haiti during a period of ongoing 

11 armed conflict in that country. 

12 TITLE IX—LIBERIAN REFUGEE 

13 RELIEF 

14 SEC. 901. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN 

15 NATIONALS. 

16 (a) ADJUSTMENT OF STATUS.— 

17 (1) IN GENERAL.—Notwithstanding section 

18 245(c) of the Immigration and Nationality Act, the 

19 status of any alien described in subsection (b) shall 

20 be adjusted by the Secretary of Homeland Security 

21 to that of an alien lawfully admitted for permanent 

22 residence, if the alien— 

23 (A) applies for such adjustment before 

24 April 1, 2005; and 

25 (B) is otherwise eligible to receive an im26 migrant visa and is otherwise admissible to the 
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1 United States for permanent residence, except 

2 in determining such admissibility the grounds 

3 for inadmissibility specified in paragraphs (4), 

4 (5), (6)(A), and (7)(A) of section 212(a) of the 

5 Immigration and Nationality Act shall not 

6 apply. 

7 (2) RELATIONSHIP OF APPLICATION TO CER8 TAIN ORDERS.—An alien present in the United 

9 States who has been ordered excluded, deported, re10 moved, or ordered to depart voluntarily from the 

11 United States under any provision of the Immigra12 tion and Nationality Act may, notwithstanding such 

13 order, apply for adjustment of status under para14 graph (1). Such an alien may not be required, as a 

15 condition on submitting or granting such applica16 tion, to file a motion to reopen, reconsider, or vacate 

17 such order. If the Secretary of Homeland Security 

18 grants the application, the Secretary of Homeland 

19 Security shall cancel the order. If the Secretary of 

20 Homeland Security renders a final administrative 

21 decision to deny the application, the order shall be 

22 effective and enforceable to the same extent as if the 

23 application had not been made. 
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1 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA2 TUS.—The benefits provided by subsection (a) shall apply 

3 to any alien who— 

4 (1) is a national of Liberia; and 

5 (2)(A) who was granted temporary protected 

6 status on or after March 27, 1991; or 

7 (B) was eligible to apply for temporary pro8 tected status on or after March 27, 1991. 

9 (c) STAY OF REMOVAL.— 

10 (1) IN GENERAL.—The Secretary of Homeland 

11 Security shall provide by regulation for an alien sub12 ject to a final order of deportation or removal or ex13 clusion to seek a stay of such order based on the fil14 ing of an application under subsection (a). 

15 (2) DURING CERTAIN PROCEEDINGS.—Notwith16 standing any provision of the Immigration and Na17 tionality Act, the Secretary of Homeland Security 

18 shall not order any alien to be removed from the 

19 United States, if the alien is in exclusion, deporta20 tion, or removal proceedings under any provision of 

21 such Act and raises as a defense to such an order 

22 the eligibility of the alien to apply for adjustment of 

23 status under subsection (a), except where the Sec24 retary of Homeland Security has rendered a final 

25 administrative determination to deny the application. 
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1 (3) WORK AUTHORIZATION.—The Secretary of 

2 Homeland Security may authorize an alien who has 

3 applied for adjustment of status under subsection 

4 (a) to engage in employment in the United States 

5 during the pendency of such application and may 

6 provide the alien with an ‘‘employment authorized’’ 

7 endorsement or other appropriate document signi8 fying authorization of employment, except that if 

9 such application is pending for a period exceeding 

10 180 days, and has not been denied, the Secretary of 

11 Homeland Security shall authorize such employment. 

12 (d) ADJUSTMENT OF STATUS FOR SPOUSES AND

13 CHILDREN.— 

14 (1) IN GENERAL.—Notwithstanding section 

15 245(c) of the Immigration and Nationality Act, the 

16 status of an alien shall be adjusted by the Secretary 

17 of Homeland Security to that of an alien lawfully 

18 admitted for permanent residence, if— 

19 (A) the alien is a national of Liberia; 

20 (B) the alien is the spouse, child, or un21 married son or daughter, of an alien whose sta22 tus is adjusted to that of an alien lawfully ad23 mitted for permanent residence under sub24 section (a), except that in the case of such an 

25 unmarried son or daughter, the son or daughter 
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1 shall be required to establish that they have 

2 been physically present in the United States for 

3 at least 1 year and is physically present in the 

4 United States on the date the application for 

5 such adjustment is filed; 

6 (C) the alien applies for such adjustment 

7 and is physically present in the United States 

8 on the date the application is filed; and 

9 (D) the alien is otherwise eligible to receive 

10 an immigration visa and is otherwise admissible 

11 to the United States for permanent residence, 

12 except in determining such admissibility the 

13 grounds for exclusion specified in paragraphs 

14 (4), (5), (6)(A), and (7)(A) of section 212(a) of 

15 the Immigration and Nationality Act shall not 

16 apply. 

17 (2) PROOF OF CONTINUOUS PRESENCE.—For 

18 purposes of establishing the period of continuous 

19 physical presence referred to in paragraph (1)(B), 

20 an alien shall not be considered to have failed to 

21 maintain continuous physical presence by reason of 

22 an absence, or absences, from the United States for 

23 any periods in aggregate not exceeding 180 days. 

24 (e) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 

25 The Secretary of Homeland Security shall provide to ap-
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1 plicants for adjustment of status under subsection (a) the 

2 same right to, and procedures for, administrative review 

3 as are provided to— 

4 (1) applicants for adjustment of status under 

5 section 245 of the Immigration and Nationality Act; 

6 or 

7 (2) aliens subject to removal proceedings under 

8 section 240 of such Act. 

9 (f) LIMITATION ON JUDICIAL REVIEW.—A deter10 mination by the Secretary of Homeland Security as to 

11 whether the status of any alien should be adjusted under 

12 this section is final and shall not be subject to review by 

13 any court. 

14 (g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 

15 When an alien is granted the status of having been law16 fully admitted for permanent residence pursuant to this 

17 section, the Secretary of State shall not be required to re18 duce the number of immigrant visas authorized to be 

19 issued under any provision of the Immigration and Na20 tionality Act. 

21 (h) APPLICATION OF IMMIGRATION AND NATION22 ALITY ACT PROVISIONS.—Except as otherwise specifically 

23 provided in this section, the definitions contained in the 

24 Immigration and Nationality Act shall apply in the admin25 istration of this section. Nothing contained in this section 
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1 shall be held to repeal, amend, alter, modify, effect, or re2 strict the powers, duties, functions, or authority of the 

3 Secretary of Homeland Security in the administration and 

4 enforcement of such Act or any other law relating to immi5 gration, nationality, or naturalization. The fact that an 

6 alien may be eligible to be granted the status of having 

7 been lawfully admitted for permanent residence under this 

8 section shall not preclude the alien from seeking such sta9 tus under any other provision of law for which the alien 

10 may be eligible. 

11 TITLE X—FAIRNESS IN ASYLUM 

12 AND REFUGEE PROCEEDINGS 

13 SEC. 1001. REFUGEE STATUS FOR UNMARRIED SONS AND 

14 DAUGHTERS OF REFUGEES. 

15 Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended 

16 by adding at the end the following: 

17 ‘‘(C) When warranted by unusual cir18 cumstances or to preserve family unity, the At19 torney General may, in the Attorney General’s 

20 discretion, consider an unmarried son or daugh21 ter of a refugee to be a child of the refugee for 

22 purposes of this paragraph.’’. 
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1 SEC. 1002. ASYLEE STATUS FOR UNMARRIED SONS AND 

2 DAUGHTERS OF ASYLEES. 

3 Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended 

4 by adding at the end the following: 

5 ‘‘(C) When warranted by unusual cir6 cumstances or to preserve family unity, the At7 torney General may, in the Attorney General’s 

8 discretion, consider an unmarried son or daugh9 ter of an alien who is granted asylum under 

10 this subsection to be a child of the alien for 

11 purposes of this paragraph.’’. 

12 SEC. 1003. ELIMINATION OF ARBITRARY TIME LIMITS ON 

13 ASYLUM APPLICATIONS. 

14 Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amend15 ed— 

16 (1) by striking subparagraph (B); 

17 (2) in subparagraph (C), by striking ‘‘(D),’’ and 

18 inserting ‘‘(C),’’; 

19 (3) in subparagraph (D)— 

20 (A) by striking ‘‘subparagraphs (B) and 

21 (C),’’ and inserting ‘‘subparagraph (B),’’; 

22 (B) by striking ‘‘either’’; and 

23 (C) by striking ‘‘asylum or extraordinary’’ 

24 and all that follows through the period at the 

25 end and inserting ‘‘asylum.’’; and 
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1 (4) by redesignating subparagraphs (C) and 

2 (D) as subparagraphs (B) and (C), respectively. 

3 SEC. 1004. GENDER-BASED PERSECUTION. 

4 (a) TREATMENT AS REFUGEE.—Section 101(a)(42) 

5 (8 U.S.C. 1101(a)(42)) is amended by adding at the end 

6 the following: 

7 ‘‘(C) For purposes of determinations under 

8 this Act, a person who establishes that he or 

9 she suffered persecution in the past, or has a 

10 well-founded fear of persecution, on account of 

11 gender shall be considered to have suffered per12 secution, or to have a well-founded fear of per13 secution, on account of membership in a par14 ticular social group.’’. 

15 (b) RESTRICTION ON REMOVAL TO COUNTRY WHERE

16 ALIEN WOULD BE THREATENED.—Section 241(b)(3) of 

17 such Act (8 U.S.C. 1231(b)(3)) is amended by adding at 

18 the end the following: 

19 ‘‘(C) GENDER-BASED PERSECUTION.—For 

20 purposes of determinations under this para21 graph, an alien who establishes that the alien’s 

22 life or freedom would be threatened in a coun23 try on account of gender shall be considered to 

24 have established that the alien’s life or freedom 
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1 would be threatened in that country on account 

2 of membership in a particular social group.’’. 

3 SEC. 1005. ELIMINATION OF ARBITRARY CAP ON PERSONS 

4 ELIGIBLE TO ADJUST STATUS FROM ASYLEES 

5 TO LEGAL PERMANENT RESIDENTS. 

6 Section 209(b) (8 U.S.C. 1159(b)) is amended by 

7 striking ‘‘Not more than 10,000 of the’’ and all that fol8 lows through ‘‘to adjust’’ and inserting ‘‘Subject to a nu9 merical limitation determined by the President before the 

10 beginning of each fiscal year, the Attorney General may 

11 adjust, in the Attorney General’s discretion and under 

12 such regulations as the Attorney General may prescribe,’’. 

13 TITLE XI—TEMPORARY 

14 PROTECTED STATUS 

15 SEC. 1101. ADJUSTMENT OF STATUS FOR CERTAIN RECIPI16 ENTS OF TEMPORARY PROTECTED STATUS. 

17 (a) IN GENERAL.—Section 245 (8 U.S.C. 1255) is 

18 amended by adding at the end the following: 

19 ‘‘(n)(1) If, in the opinion of the Secretary of the 

20 Homeland Security Department, a person granted tem21 porary protected status under section 244— 

22 ‘‘(A) has been physically present in the United 

23 States in that status for a continuous period of at 

24 least 5 years; 
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1 ‘‘(B) has at all times been a person of good 

2 moral character; 

3 ‘‘(C) has never been convicted of a criminal of4 fense in the United States; 

5 ‘‘(D) in the case of an alien who is 18 years of 

6 age or older, but who is not over the age of 65, has 

7 successfully completed a course on reading, writing, 

8 and speaking words in ordinary usage in the English 

9 language, unless unable to do so on account of phys10 ical or developmental disability or mental impair11 ment; 

12 ‘‘(E) in the case of an alien 18 years of age or 

13 older, has accepted the values and cultural life of the 

14 United States; and 

15 ‘‘(F) in the case of an alien 18 years of age or 

16 older, has performed at least 40 hours of community 

17 service; 

18 the Secretary may adjust the status of the alien to that 

19 of an alien lawfully admitted for permanent residence. 

20 ‘‘(2) An alien shall not be considered to have failed 

21 to maintain a continuous presence in the United States 

22 for purposes of subsection (a)(1) by virtue of brief, casual, 

23 and innocent absences from the United States. 
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1 ‘‘(3)(A) The alien shall establish that the alien is ad2 missible to the United States as immigrant, except as oth3 erwise provided in paragraph (2). 

4 ‘‘(B) The provisions of paragraphs (5), (6)(A), 

5 (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and 

6 (9)(C)(i)(I) of section 212(a) shall not apply in the deter7 mination of an alien’s admissibility under this section. 

8 ‘‘(4) When an alien is granted lawful permanent resi9 dent status under this subsection, the number of immi10 grant visas authorized to be issued under any provision 

11 of this Act shall not be reduced. The numerical limitations 

12 of sections 201 and 202 shall not apply to adjustment of 

13 status under this section. 

14 ‘‘(5) The Secretary of Homeland Security may termi15 nate removal proceedings without prejudice pending the 

16 outcome of an alien’s application for adjustment of status 

17 under this section on the basis of a prima facie showing 

18 of eligibility for relief under this section.’’. 

19 (b) LIMITATION ON CONSIDERATION IN THE SENATE

20 OF LEGISLATION ADJUSTING STATUS.—Section 244 (8 

21 U.S.C. 1254a) is amended by striking subsection (h) and 

22 redesignating subsection (i) as subsection (h). 

23 SEC. 1102. FOREIGN STATE DESIGNATIONS. 

24 Section 244(b)(1)(C) (8 U.S.C. 1254a(b)(1)(C)) is 

25 amended to change the following phrase ‘‘the Attorney 
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1 General finds that there exist extraordinary and tem2 porary conditions in the foreign state that prevent aliens 

3 who are nationals of the state from returning to the state 

4 in safety,’’ so that it reads as follows: ‘‘the Secretary of 

5 Homeland Security finds that extraordinary and tem6 porary conditions in the foreign state make returning 

7 aliens to the state undesirable for humanitarian reasons,’’. 

8 TITLE XII—MISCELLANEOUS 

9 PROVISIONS 

10 SEC. 1201. NATURALIZATION PROVISIONS. 

11 (a) PHYSICAL PRESENCE REQUIREMENT.—Section 

12 316(a) (8 U.S.C. 1427) is amended by adding at the end 

13 the following: 

14 ‘‘(g) When warranted by extraordinary cir15 cumstances, the Secretary of Homeland Security may re16 duce, by not more than 90 days, the physical presence re17 quirement described in the preceding sentence.’’. 

18 (b) ABSENCES FROM THE UNITED STATES.—Section 

19 316(b) (8 U.S.C. 1427(b)) is amended— 

20 (1) in the first sentence, by striking ‘‘one year’’ 

21 and inserting ‘‘18 months’’; and 

22 (2) in the second sentence, by striking ‘‘contin23 uous period of one year’’ and inserting ‘‘continuous 

24 period of 18 months’’. 
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1 SEC. 1202. PREVENTING INAPPROPRIATE STATE AND 

2 LOCAL GOVERNMENT INVOLVEMENT IN THE 

3 ENFORCEMENT OF CIVIL IMMIGRATION PRO4 VISIONS UNDER THE IMMIGRATION AND NA5 TIONALITY ACT. 

6 (a) ELIMINATION OF BAN ON STATE AND LOCAL

7 GOVERNMENTS FROM PREVENTING COMMUNICATIONS

8 WITH THE DEPARTMENT OF HOMELAND SECURITY.— 

9 (1) IN GENERAL.—Section 642 of the Illegal 

10 Immigration Reform and Immigrant Responsibility 

11 Act of 1996 (8 U.S.C. 1373) is repealed. 

12 (2) VERIFICATION OF ELIGIBILITY FOR FED13 ERAL PUBLIC BENEFITS.—Section 432 of the Per14 sonal Responsibility and Work Opportunity Rec15 onciliation Act of 1996 (8 U.S.C. 1642) is repealed. 

16 (b) ELIMINATION OF AUTHORITY TO PERMIT STATE

17 PERSONNEL TO CARRY OUT IMMIGRATION OFFICER

18 FUNCTIONS.—Section 287(g) (8 U.S.C. 1357(g)) is re19 pealed. 
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1 TITLE XIII—PROTECTION FOR 

2 IMMIGRANT VICTIMS OF VIO3 LENCE 

4 SEC. 1300. SHORT TITLE OF TITLE; TABLE OF CONTENTS OF 

5 TITLE; REFERENCES TO VAWA–2000; REGULA6 TIONS. 

7 (a) SHORT TITLE.—This title may be cited as ‘‘Im8 migrant Victims of Violence Protection Act of 2005’’. 

9 (b) REFERENCES TO VAWA–2000.—In this title, the 

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

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

12 (c) REGULATIONS.— Not later than 180 days after 

13 the date of the enactment of this Act, the Attorney Gen14 eral, the Secretary of Homeland Security, and Secretary 

15 of State shall promulgate regulations to implement the 

16 provisions contained in the Battered Immigrant Women 

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

18 amendments made by (and the provisions of) this title. 

19 Subtitle A—Victims of Crime 

20 SEC. 1301. CONDITIONS APPLICABLE TO U AND T VISAS. 

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

22 section 101(a)(15)(U)(ii) of the Immigration and Nation23 ality Act (8 U.S.C. 1101(a)(15)(U)(ii)), as added by sec24 tion 1513(b) of VAWA–2000, is amended to read as fol25 lows: 
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1 ‘‘(ii) the spouse or child of an alien de2 scribed in clause (i), or the parent of such an 

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

4 sibling of such a child if such sibling is under 

5 18 years of age on the date on which such alien 

6 applied for status under such clause, if— 

7 ‘‘(I) the Secretary of Homeland Secu8 rity considers it necessary to avoid extreme 

9 hardship to such alien or such spouse, 

10 child, parent, or sibling; or 

11 ‘‘(II) a government official described 

12 in clause (i)(III) certifies that an investiga13 tion or prosecution described in such 

14 clause would be harmed without the assist15 ance of such spouse, child, parent, or sib16 ling; and’’. 

17 (b) TREATMENT OF SPOUSE AND CHILDREN OF VIC18 TIMS OF TRAFFICKING.—Clause (ii) of section 

19 101(a)(15)(T) of the Immigration and Nationality Act (8 

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

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

22 the alien described in clause (i)— 

23 ‘‘(I) in the case of an alien so de24 scribed who is under 21 years of age, the 

25 spouse, children, unmarried siblings under 
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1 18 years of age on the date on which such 

2 alien applied for status under such clause, 

3 and parents of such alien; or 

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

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

6 older, the spouse and children of such 

7 alien;’’. 

8 (c) DURATION OF U AND T VISAS.— 

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

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

11 the following new paragraph: 

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

13 period of status of an alien as a nonimmigrant 

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

15 shall be extended— 

16 ‘‘(A) on a year-by-year basis upon certifi17 cation from a Federal, State or local law en18 forcement official, prosecutor, judge, or other 

19 Federal, State or local authority investigating 

20 or prosecuting criminal activity described in 

21 section 101(a)(15)(U)(iii) that the alien’s con22 tinued presence in the United States is required 

23 to assist in the investigation or prosecution of 

24 such criminal activity; and 
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1 ‘‘(B) if the alien files an application for ad2 justment of status under section 245(m), until 

3 final adjudication of such application.’’. 

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

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

6 of the Trafficking Victims Protection Reauthoriza7 tion Act of 2003 (Public Law 108–193), is amended 

8 by adding at the end the following: 

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

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

11 be 4 years, but shall be extended— 

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

13 from a Federal, State or local law enforcement offi14 cial, prosecutor, judge, or other Federal, State or 

15 local authority investigating or prosecuting criminal 

16 activity relating to human trafficking that the alien’s 

17 continued presence in the United States is required 

18 to assist in the investigation or prosecution of such 

19 criminal activity; and 

20 ‘‘(B) if the alien files an application for adjust21 ment of status under section 245(l), until final adju22 dication of such application.’’. 

23 (d) PERMITTING CHANGE OF NONIMMIGRANT STA24 TUS TO U AND T NONIMMIGRANT STATUS.— 
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1 (1) IN GENERAL.—Section 248 of such Act (8 

2 U.S.C. 1258) is amended— 

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

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

5 Security’’; 

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

7 (b))’’ after ‘‘except’’; and 

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

9 subsection: 

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

11 section 212(a)(9)(B) and the exceptions specified in num12 bered paragraphs of subsection (a) shall not apply to a 

13 change of nonimmigrant classification to that of a non14 immigrant under subparagraph (T) or (U) of section 

15 101(a)(15), other than from such classification under sub16 paragraph (C) or (D) of such section.’’. 

17 (2) CONFORMING AMENDMENT.—Section 

18 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is 

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

20 ‘‘248(a)(2)’’. 

21 (e) U VISA CRIMES.— 

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

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

24 (A) in clause (i)(I)— 
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1 (i) by inserting ‘‘or injury’’ after 

2 ‘‘physical or mental abuse’’; and 

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

4 ‘‘victim’’; and 

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

6 abuse; stalking (including physical or electronic 

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

8 false imprisonment;’’. 

9 (2) IMPLEMENTATION.—It is the intent of Con10 gress that certifications should be made under clause 

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

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

13 where an alien provides information to a law en14 forcement official on criminal activity described in 

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

16 the investigation of such activity, regardless of 

17 whether a prosecution is made in such case or if 

18 prosecution is made for criminal activity not de19 scribed in such clause. 

20 (f) CERTIFICATION PROCESS FOR VICTIMS OF TRAF21 FICKING.— 

22 (1) VICTIM ASSISTANCE IN INVESTIGATION OR

23 PROSECUTION.—Section 107(b)(1)(E) of the Traf24 ficking Victims Protection Act of 2000 (Division A 
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1 of Public Law 106–386; 22 U.S.C. 7105(b)(1)(E)) 

2 is amended—— 

3 (A) in clause (i)(I), by striking ‘‘investiga4 tion and prosecution’’ and inserting ‘‘investiga5 tion or prosecution, by the United States or a 

6 State or local government’’; and 

7 (B) in clause (iii)— 

8 (i) by striking ‘‘INVESTIGATION AND

9 PROSECUTION’’ and ‘‘investigation and 

10 prosecution’’ and inserting ‘‘INVESTIGA11 TION OR PROSECUTION’’ and ‘‘investigation 

12 or prosecution’’, respectively; 

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

14 ‘‘and’’ at the end; 

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

16 period and inserting ‘‘; or’’; and 

17 (iv) by adding at the end the following 

18 new subclause: 

19 ‘‘(IV) responding to and cooper20 ating with requests for evidence and 

21 information.’’. 

22 (2) CLARIFYING ROLES OF ATTORNEY GENERAL

23 AND SECRETARY OF HOMELAND SECURITY.— 
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1 (A) Section 107 of the Trafficking Victims 

2 Protection Act of 2000 (Division A of Public 

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

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

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

6 ‘‘Attorney General’’ and inserting ‘‘Sec7 retary of Homeland Security’’; and 

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

9 Secretary of Homeland Security,’’ after 

10 ‘‘Attorney General’’. 

11 (B) Section 101(a)(15)(T) of the Immigra12 tion and Nationality Act (8 U.S.C. 

13 1101(a)(15)(T)) is amended by striking ‘‘Attor14 ney General’’ and inserting ‘‘Secretary of 

15 Homeland Security’’ each place it appears. 

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

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

18 amended— 

19 (i) in subparagraph (A), by striking 

20 ‘‘Attorney General’’ and inserting ‘‘Sec21 retary of Homeland Security’’; 

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

23 ‘‘Attorney General’’ the first place it ap24 pears and inserting ‘‘Secretary of Home25 land Security’’; and 
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1 (iii) in subparagraph (B), by striking 

2 ‘‘Attorney General, in the Attorney Gen3 eral’s discretion’’ and inserting ‘‘Secretary, 

4 in the Secretary’s discretion’’. 

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

6 Nationality Act (8 U.S.C. 1101(i)) is amend7 ed— 

8 (i) in paragraph (1), by striking ‘‘At9 torney General’’ and inserting ‘‘Secretary 

10 of Homeland Security, the Attorney Gen11 eral,’’; and 

12 (ii) in paragraph (2), by striking ‘‘At13 torney General’’ and inserting ‘‘Secretary 

14 of Homeland Security’’. 

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

16 Nationality Act (8 U.S.C. 1255(l)) is amend17 ed— 

18 (i) by striking ‘‘Attorney General’’ 

19 and inserting ‘‘Secretary of Homeland Se20 curity’’ the first place it appears in para21 graphs (1) and (2) and in paragraph (4); 

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

23 and inserting ‘‘Secretary ’’ the second 

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

25 and 
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1 (iii) in paragraph (2), by striking ‘‘At2 torney General’s’’ and inserting ‘‘Sec3 retary’s’’. 

4 (3) PETITIONING BY STATE AND LOCAL LAW

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

6 the Trafficking Victims Protection Act of 2000 (Di7 vision A of Public Law 106–386; 22 U.S.C. 

8 7105(c)(3)) is amended by adding at the end the fol9 lowing: ‘‘State or local law enforcement officials may 

10 petition Federal law enforcement officials for the 

11 continued presence for trafficking victims. If such a 

12 petition contains a certification that a trafficking 

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

14 presence of the trafficking victim shall be permitted 

15 in accordance with this paragraph.’’. 

16 (g) EFFECTIVE DATES.— 

17 (1) IN GENERAL.—The amendments made by 

18 subsections (a), (b), (c)(1), (d), and (e) shall take ef19 fect on the date of the enactment of this Act. 

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

21 In the case of an alien who is classified as a non22 immigrant under section 101(a)(15)(T) of the Immi23 gration and Nationality Act (8 U.S.C. 

24 1101(a)(15)(T)) before the the date of implementa25 tion of the amendment made by subsection (c)(2) 
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1 and whose period of authorized stay was less than 

2 4 years, the authorized period of status of the alien 

3 as such a nonimmigrant shall be extended to be 4 

4 years and shall be further extended on a year-by5 year basis as provided in section 214(o)(7) of such 

6 Act, as added by such amendment. 

7 (3) CERTIFICATION PROCESS.—(A) The amend8 ments made by subsection (f)(1) shall be effective as 

9 if included in the enactment of VAWA–2000. 

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

11 shall be effective as of the applicable date of transfer 

12 of authority from the Attorney General to the Sec13 retary of Homeland Security under the Homeland 

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

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

16 shall be effective as if included in the enactment of 

17 the Trafficking Victims Protection Reauthorization 

18 Act of 2003 (Public Law 108–193). 

19 SEC. 1302. CLARIFICATION OF BASIS FOR RELIEF UNDER 

20 HARDSHIP WAIVERS FOR CONDITIONAL PER21 MANENT RESIDENCE. 

22 (a) IN GENERAL.—Section 216(c)(4) of the Immigra23 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend24 ed by adding at the end the following: ‘‘An application 

25 for relief under this paragraph may be based on one or 
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1 more grounds specified in subparagraphs (A) through (D) 

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

3 or grounds for such relief without the application being 

4 resubmitted.’’. 

5 (b) CONFORMING AMENDMENT.—Section 

6 237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) 

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

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

9 216(c)(4)’’. 

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

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

12 or filed on or after April 10, 2003. 

13 SEC. 1303. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF14 FICKING. 

15 Section 245(l)(1)(A) of the Immigration and Nation16 ality Act (8 U.S.C. 1255(l)(1)(A)) is amended by striking 

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

18 Subtitle B—VAWA Petitioners 

19 SEC. 1311. DEFINITION OF VAWA PETITIONER. 

20 (a) IN GENERAL.—Section 101(a) of the Immigra21 tion and Nationality Act (8 U.S.C. 1101(a)) is amended 

22 by adding at the end the following new paragraph: 

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

24 whose application or petition for classification or relief 

25 under any of the following provisions (whether as a prin-
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1 cipal or as a derivative) has been filed and has not been 

2 denied after exhaustion of administrative appeals: 

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

4 204(a)(1)(A). 

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

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

7 (commonly known as the Cuban Adjustment Act) as 

8 a child or spouse who has been battered or subjected 

9 to extreme cruelty. 

10 ‘‘(D) Section 902(d)(1)(B) of the Haitian Ref11 ugee Immigration Fairness Act of 1998 (division A 

12 of section 101(h) of Public Law 105–277). 

13 ‘‘(E) Section 202(d)(1) of the Nicaraguan Ad14 justment and Central American Relief Act (8 U.S.C. 

15 1255 note; Public Law 105–100). 

16 ‘‘(F) Section 309(c)(5) of the Illegal Immigra17 tion Reform and Immigrant Responsibility Act of 

18 1996 (division C of Public Law 104–208; 8 U.S.C. 

19 1101 note).’’. 

20 (b) CONFORMING AMENDMENTS.— 

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

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

23 ‘‘qualifies for immigrant status under subparagraph 

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

25 204(a)(1)’’ and inserting ‘‘is a VAWA petitioner’’. 
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1 (2) Section 212(a)(9)(C)(ii) of such Act (8 

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

3 whom the Attorney General has granted classifica4 tion under clause (iii), (iv), or (v) of section 

5 204(a)(1)(A), or classification under clause (ii), (iii), 

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

7 VAWA petitioner’’. 

8 (3) Subsections (h)(1)(C) and (g)(1)(C) of sec9 tion 212 (8 U.S.C. 1182) is amended by striking 

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

11 of section 204(a)(1)(A) or classification under clause 

12 (ii) or (iii) of section 204(a)(1)(B)’’ and inserting 

13 ‘‘is a VAWA petitioner’’. 

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

15 1182(i)(1)) is amended by striking ‘‘an alien granted 

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

17 201(a)(1)(A) or clause (ii) or (iii) of section 

18 204(a)(1)(B)’’ and inserting ‘‘a VAWA petitioner’’. 

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

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

21 an alien who qualifies for classification under clause 

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

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

24 VAWA petitioner’’. 
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1 (6) Section 240A(b)(4)(B) of such Act (8 

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

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

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

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

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

7 1255(a)) is amended by striking ‘‘under subpara8 graph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 

9 204(a)(1) or’’ and inserting ‘‘as a VAWA peti10 tioner’’. 

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

12 1255(c)) is amended by striking ‘‘under subpara13 graph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), 

14 (B)(iii), or (B)(iv) of section 204(a)(1)’’ and insert15 ing ‘‘as a VAWA petitioner’’. 

16 (9) For additional conforming amendments to 

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

18 the Immigration and Nationality Act, see sections 

19 832(c) and 817(a) of this Act. 

20 SEC. 1312. SELF-PETITIONING FOR CHILDREN. 

21 (a) SELF-PETITIONING BY CHILDREN OF PARENT22 ABUSERS UPON DEATH OR OTHER TERMINATION OF

23 PARENT-CHILD RELATIONSHIP.— 
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1 (1) CITIZEN PARENTS.—Section 

2 204(a)(1)(A)(iv) of the Immigration and Nationality 

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

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

5 ‘‘who’’; and 

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

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

8 States citizen parent who within the past 2 

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

10 child attains 18 years of age) died or otherwise 

11 terminated the parent-child relationship,’’. 

12 (2) LAWFUL PERMANENT RESIDENT PAR13 ENTS.— 

14 (A) IN GENERAL.—Section 

15 204(a)(1)(B)(iii) of such Act (8 U.S.C. 

16 1154(a)(1)(B)(iii)) is amended— 

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

18 ‘‘who’’; and 

19 (ii) by inserting after ‘‘domestic vio20 lence,’’ the following: ‘‘or who was a child 

21 of a lawful permanent resident resident 

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

23 two years after the date the child attains 

24 18 years of age) died or otherwise termi25 nated the parent-child relationship,’’. 
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1 (B) CONFORMING TREATMENT OF DE2 CEASED SPOUSES.—Section 

3 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 

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

5 amended— 

6 (i) by redesignating subitems (aaa) 

7 and (bbb) as subitems (bbb) and (ccc), re8 spectively; and 

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

10 as so redesignated, the following: 

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

12 2 years;’’. 

13 (3) EFFECTIVE DATES.— 

14 (A) IN GENERAL.—Subject to subpara15 graph (B), the amendment made by paragraphs 

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

17 enactment of this Act. 

18 (B) TRANSITION IN CASE OF CITIZEN PAR19 ENTS WHO DIED BEFORE ENACTMENT.—In ap20 plying the amendments made by paragraphs (1) 

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

22 parent or lawful permanent resident parent died 

23 or whose parent-child relationship with such 

24 parent terminated during the period beginning 

25 on October 28, 1998, and ending on the date 
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1 of the enactment of this Act, the following rules 

2 apply: 

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

4 2 years’’ in section 204(a)(1)(A)(iv) or 

5 204(a)(1)(B)(iii), respectively, of the Im6 migration and Nationality Act in the mat7 ter inserted by such paragraph is deemed 

8 to be a reference to such period. 

9 (ii) The petition must be filed under 

10 such section within 2 years after the date 

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

12 2 years after the alien’s 18th birthday). 

13 (iii) The determination of eligibility 

14 for benefits as a child under such section 

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

16 the Immigration and Nationality Act by 

17 reason of a petition authorized under such 

18 section) shall be determined as of the date 

19 of the death of the citizen parent or lawful 

20 permanent resident parent or the termi21 nation of the parent-child relationship. 

22 (b) PROTECTING VICTIMS OF CHILD ABUSE FROM

23 AGING OUT.— 

24 (1) CLARIFICATION REGARDING CONTINUATION

25 OF IMMEDIATE RELATIVE STATUS FOR CHILDREN OF
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1 CITIZENS.—Section 204(a)(1)(D)(i)(I) of the Immi2 gration and Nationality Act (8 U.S.C. 

3 1154(a)(1)(D)(i)(I)) is amended— 

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

5 204(a)(1)(A)’’ and inserting ‘‘subparagraph 

6 (A)(iv)’’; and 

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

8 status under paragraph (1), (2), or (3) of sec9 tion 203(a), whichever paragraph is applicable’’ 

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

11 immediate relative under section 

12 101(b)(2)(A)(i), or a petitioner for preference 

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

14 married,’’. 

15 (2) CLARIFICATION REGARDING APPLICATION

16 TO CHILDREN OF LAWFUL PERMANENT RESI17 DENTS.—Section 204(a)(1)(D) of such Act (8 

18 U.S.C. 1154(a)(1)(D)) is amended—— 

19 (A) in clause (i)(I)— 

20 (i) by inserting after the first sentence 

21 the following new sentence: ‘‘Any child who 

22 attains 21 years of age who has filed a pe23 tition under subparagraph (B)(iii) that was 

24 filed or approved before the date on which 

25 the child attained 21 year of age shall be 
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1 considered (if the child has not been ad2 mitted or approved for lawful permanent 

3 residence by the date the child attained 21 

4 years of age) a petitioner for preference 

5 status under section 203(a)(2), with the 

6 same priority date assigned to the self-peti7 tion filed under such subparagraph.’’; and 

8 (ii) in the last sentence, by inserting 

9 ‘‘in either such case’’ after ‘‘shall be re10 quired to be filed’’; 

11 (B) in clause (i)(III), by striking ‘‘para12 graph (1), (2), or (3) of section 203(a)’’ and in13 serting ‘‘section 203(a)(2)’’; and 

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

15 (A)(iv),’’. 

16 (3) CLARIFICATION OF TREATMENT OF DERIVA17 TIVE CHILDREN.—Section 204(a)(1)(D) of such Act 

18 is further amended by striking subclauses (III) and 

19 (IV) of clause (i) and by striking clause (ii) and in20 serting the following: 

21 ‘‘(ii) Subclauses (I) and (II) of clause (i) also shall 

22 apply to a derivative child under subparagraph (A)(ii) or 

23 (A)(iii), or under subparagraph (B)(ii) or (B)(iii), who at24 tains 21 years of age in the same manner as such sub-
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1 clauses apply to a principal petitioner under subparagraph 

2 (A)(iv), or subparagraph (B)(iii), respectively.’’. 

3 (4) CLARIFICATION REGARDING APPLICATION

4 OF CSPA PROTECTIONS TO CHILDREN OF CITI5 ZENS.—Section 201(f) of such Act (8 U.S.C. 

6 1151(f)) is amended by adding at the end the fol7 lowing new paragraph: 

8 ‘‘(4) APPLICATION TO CERTAIN VAWA PETI9 TIONERS.—Paragraphs (1) through (3) apply to a 

10 petitioner described in clause (iii) or (iv) of section 

11 204(a)(1)(A). ’’. 

12 (5) EFFECTIVE DATE.—The amendments made 

13 by this subsection shall apply to applications filed 

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

15 VAWA–2000, except that the amendment made by 

16 paragraph (4) shall apply as if included in the enact17 ment of the Child Status Protection Act (Public Law 

18 107–208). 

19 (c) CLARIFICATION OF NO SEPARATE ADJUSTMENT

20 APPLICATION FOR DERIVATIVE CHILDREN.— 

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

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

23 1154(a)(1)(A)) is amended by adding at the end the 

24 following new clause: 
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1 ‘‘(vii) In the case of a petition under clause (ii), (iii), 

2 or (iv) that includes an individual as a derivative child of 

3 a principal alien, no adjustment application other than the 

4 adjustment application of the principal alien shall be re5 quired for adjustment of status of the individual under 

6 subsection (a) or (c) of section 245.’’. 

7 (2) EFFECTIVE DATE.—The amendment made 

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

9 enactment of this Act and shall apply to applications 

10 filed before, on, or after such date. 

11 (d) LATE PETITION PERMITTED FOR ADULTS

12 ABUSED AS CHILDREN.— 

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

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

15 1154(a)(1)(D)), as amended by subsection (b)(1), is 

16 amended by adding at the end the following new 

17 clause: 

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

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

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

21 petition under such respective subparagraph notwith22 standing that the alien has attained such age or been mar23 ried so long as the petition is filed before the date the 

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

25 petition, the alien shall remain eligible for adjustment of 
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1 status as a child notwithstanding that the alien has at2 tained 21 years of age or has married, or both.’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

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

5 enactment of this Act and shall apply to individuals 

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

7 the enactment of VAWA–2000. 

8 SEC. 1313. SELF-PETITIONING PARENTS. 

9 (a) IN GENERAL.—Section 204(a)(1)(A) of the Im10 migration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) 

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

12 ‘‘(vii) An alien who— 

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

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

15 States who within the past 2 years lost or renounced 

16 citizenship status related to battering or extreme 

17 cruelty by the United States citizen son or daughter 

18 or who within the past two years died ; 

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

20 ‘‘(III) is eligible to be classified as an imme21 diate relative under section 201(b)(2)(A)(i); and 

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

23 the citizen daughter or son; 

24 may file a petition with the Secretary of Homeland Secu25 rity under this subparagraph for classification of the alien 
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1 under such section if the alien demonstrates that the alien 

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

3 cruelty perpetrated by the alien’s citizen son or daugh4 ter.’’. 

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

6 subsection (a) shall take effect on the date of the enact7 ment of this Act. 

8 SEC. 1314. PROMOTING CONSISTENCY IN VAWA ADJUDICA9 TIONS. 

10 (a) IN GENERAL.—Section 204(a)(1) of the Immi11 gration and Nationality Act (8 U.S.C. 1154(a)(1)) is 

12 amended— 

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

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

15 inserting ‘‘battering or extreme cruelty by the 

16 United States citizen spouse’’; 

17 (2) in subparagraph (A)(iv), by striking ‘‘an in18 cident of domestic violence’’ and inserting ‘‘battering 

19 or extreme cruelty by such parent’’; 

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

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

22 and inserting ‘‘related to battering or extreme cru23 elty by the lawful permanent resident spouse’’; and 

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

25 to an incident of domestic violence’’ and inserting 
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1 ‘‘related to battering or extreme cruelty by such par2 ent’’. 

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

4 subsection (a) shall take effect as if included in the enact5 ment of VAWA–2000. 

6 SEC. 1315. RELIEF FOR PRIMA FACIE VICTIMS PENDING AC7 TIONS ON PETITIONS AND APPLICATIONS 

8 FOR RELIEF. 

9 (a) VAWA PETITIONERS AND APPLICANTS FOR U 

10 AND T NONIMMIGRANT CLASSIFICATION.— 

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

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

13 1154(a)(1))is amended by adding at the end the fol14 lowing new subparagraph:: 

15 ‘‘(K) In the case of an alien in the United States for 

16 whom a petition as a VAWA petitioner has been filed or 

17 for whom an application for nonimmigrant status (wheth18 er as a principal or derivative child) under subparagraph 

19 (T) or (U) of section 101(a)(15) has been filed— 

20 ‘‘(i) if the petition or application is approved, 

21 the alien shall not be removed, detained, or de22 ported; 

23 ‘‘(ii) if the petition or application sets forth a 

24 prima facie case for approval, such a petition or ap25 plication shall be processed without regard to wheth-
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1 er a proceeding to remove or deport such alien is 

2 brought or pending; and 

3 ‘‘(iii) if the petition or application is approved 

4 or sets forth a prima facie case for approval, pend5 ing approval of an application for adjustment of sta6 tus, the alien is eligible for work authorization and 

7 shall be provided an ‘employment authorized’ en8 dorsement or other appropriate work permit, except 

9 that the authorized period of work shall not exceed 

10 180 days unless such petition or application has 

11 been approved.’’. 

12 (2) EFFECTIVE DATE.—The amendment made 

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

14 enactment of this Act and shall apply to petitions 

15 and applications filed before, on, or after such date. 

16 (b) APPLICANTS FOR CANCELLATION OF REMOVAL

17 OR SUSPENSION OF DEPORTATION.— 

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

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

20 1229b(b)(2)) is amended by adding at the end the 

21 following new subparagraph: : 

22 ‘‘(E) RELIEF WHILE APPLICATION PEND23 ING.—In the case of an alien who has applied 

24 for relief under this paragraph and whose appli25 cation sets forth a prima facie case for such re-
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1 lief or who has filed an application for relief 

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

3 31, 1997) that sets forth a prima facie case for 

4 such relief— 

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

6 detained, or deported unless the applica7 tion is denied and all opportunities for ap8 peal of the denial have been exhausted; 

9 and 

10 ‘‘(ii) such an application shall be proc11 essed without regard to whether a pro12 ceeding to remove or deport such alien is 

13 brought or pending.’’. 

14 (2) EFFECTIVE DATE.—The amendment made 

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

16 enactment of this Act and shall apply to applications 

17 filed before, on, or after such date. 

18 SEC. 1316. ACCESS TO VAWA PROTECTION REGARDLESS OF 

19 MANNER OF ENTRY. 

20 (a) FIANCEES.— 

21 (1) IN GENERAL.—Section 214(d) of the Immi22 gration and Nationality Act (8 U.S.C. 1184(d)) is 

23 amended by inserting before the period at the end 

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

25 section 204(c) to have a petition approved and is eli-
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1 gible for status as a VAWA petitioner, for status as 

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

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

4 240A(b)(2) or under section 244(a)(3) (as in effect 

5 on March 31, 1997)’’. 

6 (2) EFFECTIVE DATE.—The amendment made 

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

8 enactment of this Act and shall apply to aliens ad9 mitted before, on, or after such date. 

10 (b) SPOUSES WHO ARE CONDITIONAL PERMANENT

11 RESIDENTS.— 

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

14 amended— 

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

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

17 paragraph: 

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

19 seeks adjustment of status on the basis of an approved 

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

21 (2) CONFORMING CLARIFICATION IN CANCELLA22 TION OF REMOVAL.—Section 240A(b)(2)(A) of such 

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

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

25 whether the alien has been admitted for permanent 
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1 residence on a conditional basis under section 216,’’ 

2 before ‘‘if the alien demonstrates’’. 

3 (3) SUSPENSION OF DEPORTATION.—An alien 

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

5 Immigration and Nationality Act (as in effect on 

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

7 has been admitted for permanent residence on a con8 ditional basis under section 216 of such Act. 

9 (4) EFFECTIVE DATE.—The amendments made 

10 by this subsection, and the provisions of paragraph 

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

12 of this Act and shall apply to applications for adjust13 ment of status, for cancellation of removal, or for 

14 suspension of deportation filed before, on, or after 

15 such date. 

16 (c) SPOUSES AND CHILDREN OF ASYLUM APPLI17 CANTS UNDER ADJUSTMENT PROVISIONS.— 

18 (1) IN GENERAL.—Section 209(b)(3) of the Im19 migration and Nationality Act (8 U.S.C. 1159(b)(3)) 

20 is amended— 

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

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

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

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

25 asylum application was granted and who was bat-
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1 tered or was the subject of extreme cruelty per2 petrated by such refugee or whose child was battered 

3 or subjected to extreme cruelty by such refugee 

4 (without the active participation of such spouse in 

5 the battery or cruelty), or 

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

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

8 filing of the asylum application and who was bat9 tered or was the subject of extreme cruelty per10 petrated by such refugee,’’. 

11 (2) EFFECTIVE DATE.—The amendments made 

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

13 enactment of this Act and— 

14 (A) section 209(b)(3)(B) of the Immigra15 tion and Nationality Act, as added by para16 graph (1)(B), shall apply to asylum applications 

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

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

19 added, shall apply with respect to asylum appli20 cations filed before, on, or after such date. 

21 (d) VISA WAIVER ENTRANTS.— 

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

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

24 after ‘‘asylum,’’ the following: ‘‘as a VAWA peti25 tioner, or for relief under subparagraph (T) or (U) 
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1 of section 101(a)(15), under section 240A(b)(2), or 

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

3 1997),’’. 

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 (e) EXCEPTION FROM FOREIGN RESIDENCE RE11 QUIREMENT FOR EDUCATIONAL VISITORS.— 

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

13 (8 U.S.C. 1182(e)) is amended, in the matter before 

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

15 VAWA petitioner or a nonimmigrant under subpara16 graph (T) or (U) of section 101(a)(15)’’ after ‘‘fol17 lowing departure from the United States’’. 

18 (2) EFFECTIVE DATE.—The amendment made 

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

20 enactment of this Act and shall apply to . 

21 SEC. 1317. ELIMINATING ABUSERS’ CONTROL OVER APPLI22 CATIONS FOR ADJUSTMENTS OF STATUS. 

23 (a) APPLICATION OF MOTIONS TO REOPEN FOR ALL

24 VAWA PETITIONERS.—Section 240(c)(6)(C)(iv) of the 
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1 Immigration and Nationality Act (8 U.S.C. 

2 1230(c)(6)(C)(iv)) is amended — 

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

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

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

6 VAWA petitioner’’; and 

7 (2) in subclause (II), by inserting ‘‘or adjust8 ment of status’’ after ‘‘cancellation of removal’’. 

9 (b) APPLICATION OF VAWA DEPORTATION PROTEC10 TIONS FOR TRANSITIONAL RELIEF TO ALL VAWA PETI11 TIONERS.—Section 1506(c)(2) of the Violence Against 

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

13 (1) in subparagraph (A)— 

14 (A) by amending clause (i) to read as fol15 lows: 

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

17 apply for relief as a VAWA petitioner (as 

18 defined in section 101(a)(51) of the Immi19 gration and Nationality Act (8 U.S.C. 

20 1101(a)(51)) or under section 244(a)(3) of 

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

22 (B) in clause (ii), by inserting ‘‘or adjust23 ment of status’’ after ‘‘suspension of deporta24 tion’’; and 
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1 (2) in subparagraph (B)(ii), by striking ‘‘for re2 lief’’ and all that follows through ‘‘1101 note))’’ and 

3 inserting ‘‘for relief described in subparagraph 

4 (A)(i)’’. 

5 (c) APPLICATION OF VAWA-RELATED RELIEF

6 UNDER SECTION 202 OF NACARA.— 

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

8 Nicaraguan Adjustment and Central American Re9 lief Act (8 U.S.C. 1255 note; Public Law 105–100) 

10 is amended— 

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

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

13 status is adjusted’’; and 

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

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

16 the case of an alien who qualifies under sub17 paragraph (B)(ii), applies for such adjustment 

18 during the 18-month period beginning on the 

19 date of enactment of the Violence Against 

20 Women Act of 2005’’ . 

21 (2) TECHNICAL AMENDMENT.—Section 

22 202(d)(3) of such Act (8 U.S.C. 1255 note; Public 

23 Law 105–100) is amended by striking 

24 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 
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1 (3) EFFECTIVE DATE.—The amendment made 

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

3 the enactment of VAWA–2000. 

4 (d) PETITIONING RIGHTS OF CERTAIN FORMER

5 SPOUSES UNDER CUBAN ADJUSTMENT.— 

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

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

8 (A) in the last sentence, by striking 

9 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; 

10 and 

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

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

13 alien described in this section and has resided 

14 with such spouse shall continue to be treated as 

15 such a spouse for 2 years after the date on 

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

17 after the date of enactment of Violence Against 

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

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

20 2 years after the date of enactment of Violence 

21 Against Women Act of 2005) if the alien dem22 onstrates a connection between the termination 

23 of the marriage and the battering or extreme 

24 cruelty by the Cuban alien.’’. 
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1 (2) EFFECTIVE DATE.—The amendment made 

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

3 in the enactment of VAWA–2000. 

4 (e) SELF-PETITIONING RIGHTS OF HRIFA APPLI5 CANTS.— 

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

7 Haitian Refugee Immigration Fairness Act of 1998 

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

9 277; 112 Stat. 2681–538; 8 U.S.C. 1255 note), as 

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

11 amended— 

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

13 is adjusted to that of an alien lawfully admitted 

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

15 or was eligible for classification’’; 

16 (B) in clause (ii), by striking ‘‘whose sta17 tus is adjusted to that of an alien lawfully ad18 mitted for permanent residence’’ and inserting 

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

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

21 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’ . 

22 (2) EFFECTIVE DATE.—The amendments made 

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

24 in the enactment of VAWA–2000. 
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1 (f) SELF-PETITIONING RIGHTS UNDER SECTION 203 

2 OF NACARA.—Section 309 of the Illegal Immigration 

3 and Reform and Immigrant Responsibility Act of 1996 

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

5 as amended by section 203(a) of the Nicaraguan Adjust6 ment and Central American Relief Act (8 U.S.C. 1255 

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

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

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

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

11 (BB); 

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

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

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

15 subitem: 

16 ‘‘(DD) at the time at which 

17 the spouse or child files an appli18 cation for suspension of deporta19 tion or cancellation of removal; 

20 and’’; and 

21 (2) in subsection (g)— 

22 (A) by inserting ‘‘(1)’’ before ‘‘Notwith23 standing’’; 
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1 (B) by inserting ‘‘subject to paragraph 

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

3 and Nationality Act)),’’; and 

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

5 paragraph: 

6 ‘‘(2) There shall be no limitation on a motion to re7 open removal or deportation proceedings in the case of an 

8 alien who is described in subclause (VI) or (VII) of sub9 section (c)(5)(C)(i). Motions to reopen removal or deporta10 tion proceedings in the case of such an alien shall be han11 dled under the procedures that apply to aliens seeking re12 lief under section 204(a)(1)(A)(iii) of the Immigration and 

13 Nationality Act.’’. 

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

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

16 take effect on the date of the enactment of this Act. 

17 SEC. 1318. PAROLE FOR FAMILY MEMBERS OF VICTIMS OF 

18 VAWA PETITIONERS. 

19 (a) IN GENERAL.—Section 240A(b)(4) of the Immi20 gration and Nationality Act (8 U.S.C. 1229b(b)(4)) is 

21 amended— 

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

23 ALIENS AND’’ before ‘‘CHILDREN OF BATTERED

24 ALIENS’’; 

25 (2) in subparagraph (A)— 
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1 (A) by striking ‘‘or’’ at the end of clause 

2 (i); 

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

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

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

6 clause: 

7 ‘‘(iii) a VAWA petitioner.’’; and 

8 (3) in subparagraph (B)— 

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

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

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

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

13 date of approval of the applicable petition’’ 

14 after ‘‘1996)’’. 

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

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

17 at the end the following new subparagraph: 

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

19 battered aliens, children or battered aliens, and parents 

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

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

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

23 of this Act. 
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1 SEC. 1319. EXEMPTION OF VICTIMS OF DOMESTIC VIO2 LENCE, SEXUAL ASSAULT AND TRAFFICKING 

3 FROM SANCTIONS FOR FAILURE TO DEPART 

4 VOLUNTARILY. 

5 (a) IN GENERAL.—Section 240B(d) of the Immigra6 tion and Nationality Act (8 U.S.C. 1229c(d)) is amend7 ed— 

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

9 to paragraph (2), if’’; and 

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

11 paragraph:: 

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

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

14 is seeking status as a nonimmigrant under subparagraph 

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

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

17 244(a)(3) (as in effect on March 31, 1997).’’. 

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

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

20 of the Immigration Reform and Immigrant Responsibility 

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

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

23 or after the date of the enactment of this Act. 
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1 SEC. 1320. CLARIFICATION OF ACCESS TO NATURALIZA2 TION FOR VICTIMS OF DOMESTIC VIOLENCE. 

3 (a) IN GENERAL.—Section 319(a) of the Immigra4 tion and Nationality Act (8 U.S.C. 1430(a)) is amended 

5 by inserting after ‘‘extreme cruelty by a United States cit6 izen spouse or parent’’ the following: ‘‘, regardless of 

7 whether the lawful permanent resident status was ob8 tained on the basis of such battery or cruelty’’. 

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

10 subsection (a) shall take effect on the date of the enact11 ment of this Act and shall apply to applications for natu12 ralization filed before, on, or after the date of the enact13 ment of this Act. 

14 SEC. 1321. CONSOLIDATING ADJUDICATION OF VAWA 

15 CASES IN VAWA UNIT. 

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

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

18 is amended by adding at the end the following new section: 

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

20 IN VAWA UNIT. 

21 ‘‘(a) SOLE JURISDICTION.—The Secretary of Home22 land Security shall designate the VAWA unit as the ad23 ministrative unit within the Department of Homeland Se24 curity with sole jurisdiction over the adjudication of the 

25 following: 
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1 ‘‘(1) Applications and petitions of VAWA peti2 tioners described in section 101(a)(51) of the Immi3 gration and Nationality Act (8 U.S.C. 1101(a)(51)). 

4 ‘‘(2) Applications for nonimmigrant status 

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

6 101(a)(15) of the Immigration and Nationality Act 

7 (8 U.S.C. 1101(a)(15)). 

8 ‘‘(3) Applications seeking relief under para9 graph (2) or (4) of section 240A(b) of the Immigra10 tion and Nationality Act (8 U.S.C. 122b(b)). 

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

12 VAWA petitioners who are described in subpara13 graph (A) or (B) of section 101(a)(51) of such Act. 

14 ‘‘(5) Applications for employment authorization 

15 under section 214(c)(11). 

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

17 may have jurisdiction over such other matters as the Sec18 retary may specify. 

19 ‘‘(c) VAWA UNIT DEFINED.—For purposes of this 

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

21 unit within the Department of Homeland Security that 

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

23 subparagraphs (A)(iii), (A)(iv), (B)(ii), and (B)(iii) of sec24 tion 204(a)(1) of the Immigration and Nationality Act 

25 and for applications for nonimmigrant status under sub-
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1 paragraphs (T) and (U) of section 101(a)(15) of such 

2 Act.’’. 

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

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

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

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

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

7 paragraph (1) shall apply to applications and petitions 

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

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

10 to applications and petitions filed before such date. 

11 SEC. 1322. PROHIBITION OF ADVERSE DETERMINATIONS 

12 OF ADMISSIBILITY OR DEPORTABILITY 

13 BASED ON PROTECTED INFORMATION. 

14 (a) APPLICATION TO ADDITIONAL DEPARTMENTS

15 AND OTHER BATTERED ALIENS.—Section 384 of the Ille16 gal Immigration Reform and Immigrant Responsibility 

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

18 1367) is amended— 

19 (1) in subsection (a), as amended by section 

20 1513(d) of VAWA–2000— 

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

22 striking ‘‘(including any bureau or agency of 

23 such Department)’’ and inserting ‘‘, or the Sec24 retary of Homeland Security, the Secretary of 

25 State, the Secretary of Health and Human 
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1 Services, or the Secretary of Labor or any other 

2 official or employee of the Department of 

3 Homeland Security, the Department of State, 

4 the Department of Health and Human Services, 

5 or the Department of Labor (including any bu6 reau or agency of any such Department)’’; 

7 (B) in paragraph (1)— 

8 (i) in the matter before subparagraph 

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

10 inserting ‘‘furnished by or derived from in11 formation provided solely by’’; 

12 (ii) by striking ‘‘or’’ at the end of sub13 paragraph (D); 

14 (iii) by adding ‘‘or’’ at the end of sub15 paragraph (E); and 

16 (iv) by inserting after subparagraph 

17 (E) the following new subparagraph: 

18 ‘‘(F) in the case of an alien applying for 

19 continued presence as a victim of trafficking 

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

21 Trafficking Protection Act of 2000 or status 

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

23 and Nationality Act, the trafficker or perpe24 trator,’’; and 

25 (C) in paragraph (2)— 
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1 (i) by striking ‘‘of the Department,’’ 

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

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

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

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

6 ‘‘as a VAWA petitioner (as defined in sec7 tion 101(a)(51) of the Immigration and 

8 Nationality Act), or under’’; and 

9 (iii) by striking ‘‘or section 

10 240A(a)(3) of such Act as an alien (or the 

11 part of a child) who has been battered or 

12 subjected to extreme cruelty.’’ and insert13 ing the following: ‘‘, section 101(a)(15)(T), 

14 or section 240A(b)(2) of such Act, or sec15 tion 244(a)(3) of such Act (as in effect on 

16 March 31, 1997), or for continued pres17 ence as a victim of trafficking under sec18 tion 107(b)(1)(E)(i)(II)(bb) of the Traf19 ficking Protection Act of 2000, or any de20 rivative of the alien;’’; and 

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

22 following: 

23 ‘‘(3) undertake any part of an enforcement ac24 tion— 
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1 ‘‘(A) at a domestic violence shelter, a vic2 tims services organization or program (as de3 scribed in section 2003(8) of the Omnibus 

4 Crime Control and Safe Streets Act of 1968), 

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

6 a supervised visitation center; or 

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

8 in connection with the appearance of the alien 

9 at a courthouse) if the alien is appearing in 

10 connection with a protection order case, child 

11 custody case, or other civil or criminal case re12 lating to domestic violence, sexual assault, traf13 ficking, or stalking in which the alien has been 

14 battered or subject to extreme cruelty or if the 

15 alien is described in subparagraph (T) or (U) of 

16 section 101(a)(15) of the Immigration and Na17 tionality Act; or 

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

19 101(a)(27)(J) of the Immigration and Nationality 

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

21 contact the alleged abuser (or family member of the 

22 alleged abuser) at any stage of applying for special 

23 immigrant juvenile status, including after a request 

24 for the consent of the Secretary of Homeland Secu25 rity under clause (iii)(I) of such section.’’; and 
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1 (2) in subsection (b)— 

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

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

4 and inserting ‘‘, Secretary of Homeland Secu5 rity, Secretary of State, Secretary of Health 

6 and Human Services, and Secretary of Labor 

7 may provide’’; 

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

9 provide in the discretion of the Attorney Gen10 eral’’ and inserting ‘‘, Secretary of Homeland 

11 Security, Secretary of State, Secretary of 

12 Health and Human Services, and the Secretary 

13 of Labor may provide’’; and 

14 (C) in paragraph (5), by striking ‘‘is au15 thorized to disclose’’ and inserting ‘‘, Secretary 

16 of Homeland Security, Secretary of State, Sec17 retary of Health and Human Services, and Sec18 retary of Labor, or Attorney General may dis19 close’’. 

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

21 subsection (a) shall take effect on the date of the enact22 ment of this Act and shall apply to violations or disclo23 sures made on or after such date. 
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1 Subtitle C—Miscellaneous 

2 Provisions 

3 SEC. 1331. REMOVING 2 YEAR CUSTODY AND RESIDENCY 

4 REQUIREMENT FOR BATTERED ADOPTED 

5 CHILDREN. 

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

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

8 1101(b)(1)(E)(i)) is amended by inserting after ‘‘at least 

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

10 or subject to extreme cruelty by the adopting parent or 

11 by a family member of the adopting parent residing in 

12 the same household’’. 

13 (b) CONFORMING NATURALIZATION AMENDMENT.— 

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

15 amended by inserting before the period at the end the fol16 lowing: ‘‘or the child is residing in the United States pur17 suant to a lawful admission for permanent residence and 

18 has been battered or subject to extreme cruelty by the cit19 izen parent or by a family member of the citizen parent 

20 residing in the same household ’’ 

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

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

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

24 on or after such date. 
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1 SEC. 1332. GROUNDS OF INADMISSIBILITY; GOOD MORAL 

2 CHARACTER; AND FOREIGN RESIDENCY RE3 QUIREMENTS. 

4 (a) WAIVER OF UNLAWFUL PRESENCE.—Paragraph 

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

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

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

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

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

10 (6)(A)(ii).’’. 

11 (b) WAIVER OF FALSE CLAIM OF U.S. CITIZEN12 SHIP.— 

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

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

15 ‘‘(and, in the case of a VAWA petitioner who dem16 onstrates a connection between the false claim of 

17 United States citizenship and the petitioner being 

18 subjected to extreme cruelty or physical or mental 

19 abuse, clause (ii))’’ after ‘‘clause (i)’’. 

20 (2) CONFORMING REFERENCE.—Section 

21 212(a)(6)(C)(iii) of such Act (8 U.S.C. 

22 1182(a)(6)(C)(iii)) is amended by striking ‘‘clause 

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

24 (c) EXEMPTION FROM PUBLIC CHARGE GROUND.— 
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1 (1) IN GENERAL.—Section 212(a)(4) of such 

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

3 the end the following new subparagraph: 

4 ‘‘(E) SPECIAL RULE FOR BATTERED

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

6 not apply to an alien who is a VAWA petitioner 

7 or is a qualified alien described in section 

8 431(c) of the Personal Responsibility and Work 

9 Opportunity Reconciliation Act of 1996.’’. 

10 (2) CONFORMING AMENDMENT.—Section 

11 212(a)(4)(C)(i) of such Act (8 U.S.C. 

12 1182(a)(4)(C)(i)) is amended to read as follows: 

13 ‘‘(i) the alien is described in subpara14 graph (E); or’’. 

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

16 section, the amendments made by this section shall take 

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

18 apply regardless of whether the conviction was entered, 

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

20 such date. 

21 SEC. 1333. TREATMENT OF GOOD MORAL CHARACTER. 

22 (a) IN GENERAL.—Section 101(a)(43) of the Immi23 gration and Nationality Act (8 U.S.C. 1101(a)(43)) is 

24 amended—— 
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1 (1) in subparagraphs (F) and (G), by striking 

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

3 year’’; 

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

5 imprisonment or more’’ by inserting ‘‘imprisonment 

6 of more than one year’’; 

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

8 12 months’’ and inserting ‘‘more than one year’’; 

9 and 

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

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

12 year’’. 

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

14 subsection (a) shall take effect on the date of the enact15 ment of this Act and shall apply to all convictions entered 

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

17 of the enactment of this Act. 

18 SEC. 1334. EMPLOYMENT AUTHORIZATION FOR BATTERED 

19 SPOUSES OF H–1B VISA HOLDERS. 

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

21 and Nationality Act (8 U.S.C. 1184(c)) is amended by 

22 adding at the end the following new paragraph: 

23 ‘‘(11) In the case of an alien spouse admitted under 

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

25 to join a principal alien admitted under section 
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1 101(a)(15)(H)(i)(B), the Secretary of Homeland Security 

2 shall authorize the alien spouse to engage in employment 

3 in the United States and provide the spouse with an ‘em4 ployment authorized’ endorsement or other appropriate 

5 work permit if the alien spouse demonstrates that during 

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

7 has been battered or has been the subject to extreme cru8 elty perpetrated by the spouse of the alien spouse.’’. 

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

10 subsection (a) shall take effect on the date of the enact11 ment of this Act and shall apply to aliens who obtained 

12 the status of an alien spouse admitted under section 

13 101(a)(15)(H) of the Immigration and Nationality Act be14 fore, on, or after such date. 

15 SEC. 1335. GROUNDS FOR HARDSHIP WAIVER FOR CONDI16 TIONAL PERMANENT RESIDENCE FOR IN17 TENDED SPOUSES. 

18 (a) IN GENERAL.—Section 216(c)(4) of the Immigra19 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend20 ed— 

21 (1) by striking ‘‘or’’ at the end of subparagraph 

22 (B); 

23 (2) by striking the period at the end of sub24 paragraph (C) and inserting ‘‘, or’’; and 
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1 (3) by inserting after subparagraph (C) the fol2 lowing new subparagraph: 

3 ‘‘(D) the alien meets the requirements 

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

5 following the marriage ceremony has been bat6 tered by or was subject to extreme cruelty per7 petrated by his or her intended spouse and was 

8 not at fault in failing to meet the requirements 

9 of paragraph (1).’’. 

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

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

12 of VAWA–2000. 

13 SEC. 1336. CANCELLATION OF REMOVAL AND SUSPENSION 

14 OF DEPORTATION. 

15 (a) CLARIFYING APPLICATION OF DOMESTIC VIO16 LENCE WAIVER AUTHORITY IN CANCELLATION OF RE17 MOVAL.— 

18 (1) IN GENERAL.—Section 240A(b) of the Im19 migration and Nationality Act (8 U.S.C. 1229b(b)) 

20 is amended— 

21 (A) in paragraph (1)(C), by striking ‘‘(ex22 cept in a case described in section 237(a)(7) 

23 where the Attorney General exercises discretion 

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

25 paragraph (5)’’; 
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1 (B) in paragraph (2)(A), by amending 

2 clause (iv) to read as follows: 

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

4 alien is not inadmissible under section 

5 212(a)(2) or removable under section 

6 237(a)(2) or 237(a)(3); and ’’; and 

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

8 paragraph: 

9 ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE

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

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

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

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

14 (2) EFFECTIVE DATE.—The amendments made 

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

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

17 (b) CLARIFYING NONAPPLICATION OF CANCELLA18 TION CAP.— 

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

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

21 1229b(e)(3)) is amended by adding at the end the 

22 following new subparagraph: 

23 ‘‘(C) Aliens with respect to their cancella24 tion of removal under subsection (b)(2).’’. 
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1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1) shall apply to cancellations of re3 moval occurring on or after October 1, 2004. 

4 SEC. 1337. MOTIONS TO REOPEN. 

5 (a) REMOVAL PROCEEDINGS.— 

6 (1) IN GENERAL.—Section 240(c)(6) of the Im7 migration and Nationality Act (8 U.S.C. 1230(c)(6)) 

8 is amended— 

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

10 except that this limitation shall not apply so as 

11 to prevent the filing of one motion to reopen de12 scribed in clause (iv)’’ before the period at the 

13 end; 

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

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

16 specified in subsection (b)(5)(C) for filing a mo17 tion to reopen does not apply’’ and inserting 

18 ‘‘Any limitation under this section on the dead19 lines for filing such motions shall not apply’’; 

20 and 

21 (C) in subparagraph (C)(iv), by adding 

22 after and below subclause (III) the following 

23 new sentence: 

24 ‘‘The filing of a motion to reopen under 

25 this clause shall stay the removal of the 
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1 alien pending final disposition of the mo2 tion including exhaustion of all appeals.’’. 

3 (2) EFFECTIVE DATE.—The amendments made 

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

5 enactment of this Act. 

6 (b) DEPORTATION PROCEEDINGS.— 

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

8 VAWA–2000 is amended— 

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

10 striking ‘‘Notwithstanding any limitation im11 posed by law on motions’’ inserting ‘‘Notwith12 standing any limitation on the number of mo13 tions, or the deadlines for filing motions (in14 cluding the deadline specified in section 

15 242B(c)(3) of the Immigration and Nationality 

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

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

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

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

20 not apply’’ and inserting ‘‘such limitations shall 

21 not apply to the filing of a single motion under 

22 this subparagraph to reopen such proceedings’’; 

23 and 

24 (C) by adding at the end the following: 
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1 ‘‘The filing of a motion under this subpara2 graph shall stay the removal of the alien pend3 ing a final disposition of the motion including 

4 the exhaustion of all appeals.’’. 

5 (2) EFFECTIVE DATE.—The amendments made 

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

7 enactment of this Act . 

8 SEC. 1338. REMOVAL PROCEEDINGS. 

9 (a) EXCEPTION TO REINSTATEMENT OF REMOVAL.— 

10 (1) IN GENERAL.—Section 241(a)(5) of the Im11 migration and Nationality Act (8 U.S.C. 1251(a)(5)) 

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

13 provisions of this paragraph shall not apply to an 

14 alien who, before reinstatement of the removal order, 

15 sought relief as a VAWA petitioner, applied for sta16 tus as a nonimmigrant under subparagraph (T) or 

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

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

19 on March 31, 1997).’’. 

20 (2) EFFECTIVE DATE.—The amendment made 

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

22 enactment of this Act. 

23 (b) TREATMENT OF BATTERY OR EXTREME CRU24 ELTY AS EXCEPTIONAL CIRCUMSTANCES.— 
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1 (1) IN GENERAL.—Section 240(e)(1) of such 

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

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

4 or parent of the alien or’’ after ‘‘exceptional cir5 cumstances (such as’’. 

6 (2) EFFECTIVE DATE.—The amendment made 

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

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

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

10 SEC. 1339. CONFORMING RELIEF IN SUSPENSION OF DE11 PORTATION PARALLEL TO THE RELIEF 

12 AVAILABLE IN VAWA–2000 CANCELLATION 

13 FOR BIGAMY. 

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

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

16 section 309 of the Illegal Immigration Reform and Immi17 grant Responsibility Act of 1996) shall be applied as if 

18 ‘‘or by a United States citizen or lawful permanent resi19 dent whom the alien intended to marry, but whose mar20 riage is not legitimate because of that United States citi21 zen’s or permanent resident’s bigamy’’ were inserted after 

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

23 lawful permanent resident’’. 
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1 SEC. 1340. CORRECTION OF CROSS-REFERENCE TO CRED2 IBLE EVIDENCE PROVISIONS. 

3 (a) CUBAN ADJUSTMENT PROVISION.—The last sen4 tence of the first section of Public Law 89–732 (November 

5 2, 1966; 8 U.S.C. 1255 note), as amended by section 

6 1509(a) of VAWA–2000, is amended by striking 

7 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

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

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

10 1255 note; Public Law 105–100), as amended by section 

11 1510(a)(2) of VAWA–2000, is amended by striking 

12 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

13 (c) IIARAIRA.—Section 309(c)(5)(C)(iii) of the Ille14 gal Immigration and Reform and Immigrant Responsi15 bility Act of 1996 (division C of Public Law 104–208; 8 

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

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

18 inserting ‘‘204(a)(1)(J)’’. 

19 (d) HRIFA.—Section 902(d)(1)(B)(iii) of the Hai20 tian Refugee Immigration Fairness Act of 1998 (division 

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

22 2681–538), as amended by section 1511(a) of VAWA– 

23 2000, is amended by striking ‘‘204(a)(1)(H)’’ and insert24 ing ‘‘204(a)(1)(J)’’. 
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1 (e) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect as if included in the enact3 ment of VAWA–2000. 

4 SEC. 1341. TECHNICAL CORRECTIONS. 

5 (a) TECHNICAL CORRECTIONS TO REFERENCES IN

6 APPLICATION OF SPECIAL PHYSICAL PRESENCE AND

7 GOOD MORAL CHARACTER RULES.— 

8 (1) PHYSICAL PRESENCE RULES.—Section 

9 240A(b)(2)(B) of the Immigration and Nationality 

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

11 (A) in the first sentence, by striking 

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

13 (B) in the fourth sentence, by striking 

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

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

16 (2) MORAL CHARACTER RULES.—Section 

17 240A(b)(2)(C) of such Act (8 U.S.C. 

18 1229b(b)(2)(C)) is amended by striking 

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

20 (3) EFFECTIVE DATE.—The amendments made 

21 by this subsection shall be effective as if included in 

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

23 Stat. 1522). 

24 (b) CORRECTION OF CROSS-REFERENCE ERROR IN

25 APPLYING GOOD MORAL CHARACTER.— 
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1 (1) IN GENERAL.—Section 101(f)(3) of the Im2 migration and Nationality Act (8 U.S.C. 1101(f)(3)) 

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

4 ‘‘(10)(A)’’. 

5 (2) EFFECTIVE DATE.—The amendment made 

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

7 the enactment of the Illegal Immigration Reform 

8 and Immigrant Responsibility Act of 1996 (Public 

9 Law 104–208). 

10 (c) PUNCTUATION CORRECTION.—Effective as if in11 cluded in the enactment of section 5(c)(2) of VAWA– 

12 2000, section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 

13 1227(a)(1)(H)(ii)) is amended by striking the period at 

14 the end and inserting ‘‘; or’’. 

15 (d) CORRECTION OF DESIGNATION AND INDENTA16 TION.—The last sentence of section 212(a)(9)(C)(ii) of the 

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

18 1182(a)(9)(C)(ii)), as added by section 1505(a) of 

19 VAWA–2000, is amended— 

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

21 inserting ‘‘clause (i)’’; 

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

23 and subparagraphs (A) through (D) of paragraph 

24 (2), as subclauses (I) and (II), and items (aa) 

25 through (dd) of subclause (II), respectively; and 
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1 (3) by moving the margins of each of such 

2 paragraphs and subparagraphs 6 ems to the right. 

3 (e) ADDITIONAL TECHNICAL CORRECTION.—Section 

4 245(l)(2)(B) of such Act (8 U.S.C. 1255(l)(2)(B)) is 

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

6 Subtitle D—Ensuring Crime Victim 

7 Access to Legal Services 

8 SEC. 1351. ENSURING CRIME VICTIM ACCESS TO LEGAL 

9 SERVICES. 

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

11 of Commerce, Justice, and State, the Judiciary, and Re12 lated Agencies Appropriations Act, 1998 (Public Law 

13 105–119; 111 Stat. 2510) is amended— 

14 (1) by amending subparagraph (C) of sub15 section (a) to read as follows: 

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

17 504 shall not be construed to prohibit a recipi18 ent from using Corporation funds and funds de19 rived from a source other than the Corporation 

20 to provide legal assistance to— 

21 ‘‘(i) an alien who has been battered or 

22 subjected to extreme cruelty or who has 

23 been a victim of sexual assault or a victim 

24 of trafficking in the United States; 
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1 ‘‘(ii) an alien whose child has been 

2 battered or subjected to extreme cruelty or 

3 has been a victim of sexual assault or a 

4 victim of trafficking in the United States, 

5 if the alien has not actively participated in 

6 the battery, extreme cruelty, sexual as7 sault, or trafficking; or 

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

9 child qualifies) for status under section 

10 101(a)(15)(U) of the Immigration and Na11 tionality Act (8 U.S.C. 1101(a)(15)(U)) .’’; 

12 and 

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

14 and inserting the following: 

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

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

17 Trafficking Victims Protection Act of 2000 (Public 

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

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

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

21 the date of the enactment of this Act with respect to ap22 propriations made for fiscal years beginning before, on, 

23 or after such date. 

24 (c) CONSTRUCTION.—Nothing in the amendments 

25 made by subsection (a) shall be construed to restrict the 
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1 legal assistance provided to victims of severe forms of traf2 ficking and certain family members allowed under section 

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

4 2000 (Public Law 106–286; 22 U.S.C. 7105(b)(1)). 

5 Subtitle E—Eligibility for Certain 

6 Public Benefits of Aliens Suf7 fering From Domestic Abuse 

8 SEC. 1361. ELIGIBILITY FOR CERTAIN PUBLIC BENEFITS OF 

9 ALIENS SUFFERING FROM DOMESTIC ABUSE. 

10 (a) EXEMPTION FROM SSI AND FOOD STAMPS

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

12 and Work Opportunity Reconciliation Act of 1996 (8 

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

14 following new subparagraph: 

15 ‘‘(M) BATTERED AND CRIME VICTIM

16 ALIENS.—With respect to eligibility for benefits 

17 for a specified Federal program (as defined in 

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

19 to an alien who— 

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

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

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

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

24 (3)(B) of such section; or 
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1 ‘‘(iii) is described in a clause (i) or (ii) 

2 and was lawfully admitted as a permanent 

3 resident.’’. 

4 (b) EXEMPTION FROM TANF, SOCIAL SERVICES

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

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

7 after subparagraph (F) the following new subparagraph: 

8 ‘‘(G) BATTERED AND CRIME VICTIM

9 ALIENS.—An alien who— 

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

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

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

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

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

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

16 and was lawfully admitted as a permanent 

17 resident.’’. 

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

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

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

21 end the following new paragraph: 

22 ‘‘(3) BATTERED AND CRIME VICTIM ALIENS.— 

23 An alien who— 

24 ‘‘(A) is described in section 431(c); 
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1 ‘‘(B) is described in section 431(b) and 

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

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

4 section; or 

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

6 (B) and was lawfully admitted as a permanent 

7 resident.’’. 

8 (d) STATUS AS QUALIFIED ALIEN FOR VAWA PETI9 TIONERS AND NONIMMIGRANT ‘‘U’’ AND ‘‘T’’ VISA APPLI10 CANTS AND VISA HOLDERS.—Section 431(c) of such Act 

11 (8 U.S.C. 1641(b)) is amended— 

12 (1) in paragraph (1)(B)— 

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

14 and inserting ‘‘, child, or parent’’ and by strik15 ing ‘‘or (iv)’’ and inserting ‘‘(iv), or (vii)’’; 

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

17 prior to April 1, 1997)’’; 

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

19 the end and inserting a comma; 

20 (D) in clause (iv), by striking the semi21 colon at the end and inserting a comma; 

22 (E) in clause (v), by striking the semicolon 

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

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

25 clause: 
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1 ‘‘(vi) status as a VAWA petitioner (as 

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

3 other than such a petitioner described in 

4 clause (i) or (ii);’’; 

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

6 (2)(B); 

7 (3) by striking the period at the end of para8 graph (3)(B) and inserting ‘‘; or’’; and 

9 (4) by inserting after paragraph (3)(B) the fol10 lowing new paragraph: 

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

12 denied status as a nonimmigrant under clause (i) or 

13 (ii) of subparagraph (T), or clause (i) or (ii) of sub14 paragraph (U), of section 101(a)(15) of the Immi15 gration and Nationality Act’’. 

16 (e) CONFORMING DEFINITION OF ‘‘FAMILY’’ USED

17 IN LAWS GRANTING FEDERAL PUBLIC BENEFIT ACCESS

18 FOR BATTERED ALIENS TO STATE FAMILY LAW.— 

19 (1) IN GENERAL.—Section 431(c) of such Act 

20 (8 U.S.C. 1641(c)) is amended— 

21 (A) in paragraph (1)(A), by striking ‘‘by a 

22 spouse or a parent, or by a member of the 

23 spouse or parent’s family residing in the same 

24 household as the alien and the spouse or parent 

25 consented to, or acquiesced in, such battery or 
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1 cruelty’’ and inserting ‘‘by a spouse, parent, 

2 son, or daughter, or by any individual having a 

3 relationship with the alien covered by the civil 

4 or criminal domestic violence statutes of the 

5 State or Indian country where the alien resides, 

6 or the State or Indian country in which the 

7 alien, the alien’s child, or the alien child’s par8 ents received a protection order, or by any indi9 vidual against whom the alien could obtain a 

10 protection order,’’; 

11 (B) in paragraph (2)(A), by striking ‘‘by a 

12 spouse or parent of the alien (without the active 

13 participation of the alien in the battery or cru14 elty), by a member of the spouse or parent’s 

15 family residing in the same household as the 

16 alien and the spouse or parent consented or ac17 quiesced to such battery or cruelty,’’ and insert18 ing ‘‘by a spouse, parent, son, or daughter of 

19 the alien (without the active participation of the 

20 alien in such battery) or by any individual hav21 ing a relationship with the alien covered by the 

22 civil or criminal domestic violence statutes of 

23 the State or Indian country where the alien re24 sides, or the State or Indian country in which 

25 the alien, the alien’s child, or the alien child’s 
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1 parents received a protection order, or by any 

2 individual against whom the alien could obtain 

3 a protection order,’’; and 

4 (C) in paragraph (3)(A), by striking ‘‘by a 

5 spouse or parent, or by a member of the spouse 

6 or parent’s family residing in the same house7 hold as the alien and the spouse or parent con8 sented or acquiesced to such battery or cru9 elty,’’ and inserting ‘‘by a spouse, parent, son, 

10 or daughter, or by any individual having a rela11 tionship with the alien covered by the civil or 

12 criminal domestic violence statutes of the State 

13 or Indian country where the alien resides, or 

14 the State or Indian country in which the alien, 

15 the alien’s child, or the alien child’s parents re16 ceived a protection order, or by any individual 

17 against whom the alien could obtain a protec18 tion order,’’. 

19 (2) FEDERAL ATTRIBUTION OF SPONSOR’S IN20 COME AND RESOURCES.—Section 421(f)(1)(A) of 

21 such Act (8 U.S.C. 1631(f)(1)(A)) is amended— 

22 (A) in clause (i), by striking ‘‘by a spouse 

23 or parent, or by a member of the spouse or par24 ent’s family residing in the same household as 

25 the alien and the spouse or parent consented or 
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1 acquiesced to such battery or cruelty,’’ and in2 serting ‘‘by a spouse, parent, son, or daughter, 

3 or by any individual having a relationship with 

4 the alien covered by the civil or criminal domes5 tic violence statutes of the State or Indian 

6 country where the alien resides, or the State or 

7 Indian country in which the alien, the alien’s 

8 child, or the alien child’s parents received a pro9 tection order, or by any individual against 

10 whom the alien could obtain a protection 

11 order,’’; 

12 (B) in clause (ii), by striking ‘‘by a spouse 

13 or parent of the alien (without the active par14 ticipation of the alien in the battery or cruelty), 

15 or by a member of the spouse or parent’s family 

16 residing in the same household as the alien and 

17 the spouse or parent consented or acquiesced to 

18 such battery or cruelty,’’ and inserting ‘‘by a 

19 spouse, parent, son, or daughter of the alien 

20 (without the active participation of the alien in 

21 the battery or cruelty) or by any individual hav22 ing a relationship with the alien covered by the 

23 civil or criminal domestic violence statutes of 

24 the State or Indian country where the alien re25 sides, or the State or Indian country in which 
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1 the alien, the alien’s child, or the alien child’s 

2 parents received a protection order, or by any 

3 individual against whom the alien could obtain 

4 a protection order,’’; 

5 (C) by striking ‘‘or’’ before ‘‘(iii) the 

6 alien’’; and 

7 (D) by inserting ‘‘, or (iv) the alien is de8 scribed in section 431(c)(4)’’ before ‘‘and the 

9 battery or cruelty’’. 

10 (f) ELIMINATION OF SPONSOR LIABILITY AND RE11 SPONSIBILITY OR REIMBURSEMENT WITH RESPECT TO

12 BENEFITS PROVIDED TO BATTERED ALIENS.—Section 

13 423(d) of the Personal Responsibility and Work Oppor14 tunity Reconciliation Act of 1996 is amended by adding 

15 after paragraph (11) the following new paragraph: 

16 ‘‘(12) Benefits provided to an alien who— 

17 ‘‘(A) is described in section 431(c); or 

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

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

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

21 section.’’. 

22 (g) CONFORMING AMENDMENT CONFIRMING

23 IIRAIRA’S GRANT OF PUBLIC AND ASSISTED HOUSING

24 TO ALL QUALIFIED ALIENS, INCLUDING BATTERED IM25 MIGRANTS.—Section 214 of the Housing and Community 
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1 Development Act of 1980 (42 U.S.C. 1436a) is amend2 ed— 

3 (1) in subsection (a)— 

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

5 the end; 

6 (B) by redesignating paragraph (7) as 

7 paragraph (8); and 

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

9 following: 

10 ‘‘(7) a qualified alien described in section 431 

11 of the Personal Responsibility and Work Oppor12 tunity Reconciliation Act of 1996 (8 U.S.C. 1641), 

13 or’’; and 

14 (2) in subsection (c)— 

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

16 and inserting ‘‘(7)’’; and 

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

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

19 a qualified alien described in 431 of the Per20 sonal Responsibility and Work Opportunity 

21 Reconciliation Act of 1996 (8 U.S.C. 1641)’’ 

22 after ‘‘any alien’’. 

23 (h) IMPLEMENTATION.—Not later than 180 days 

24 after the date of the enactment of this Act, the Secretary 

25 of Homeland Security, Secretary of Agriculture, the Sec-
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1 retary of Health and Human Services, and the Secretary 

2 of Housing and Urban Development shall promulgate reg3 ulations for its officials to implement this section. 

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

5 this section apply to applications for public benefits and 

6 public benefits provided on or after the date of the enact7 ment of this Act. 

8 Subtitle F—Law Enforcement 

9 Training Grants 

10 SEC. 1381. GRANTS FOR LAW ENFORCEMENT TRAINING 

11 PROGRAMS TO IDENTIFY AND PROTECT VIC12 TIMS OF TRAFFICKING. 

13 (a) DEFINITIONS.—In this section: 

14 (1) ACT OF TRAFFICKING.—The term ‘‘act of 

15 trafficking’’ means an act or practice described in 

16 paragraph (8) or (9) of section 103 of the Traf17 ficking Victims Protection Act of 2000 (22 U.S.C. 

18 7102). 

19 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti20 ty’’ means a State or a local government. 

21 (3) STATE.—The term ‘‘State’’ means any 

22 State of the United States, the District of Columbia, 

23 the Commonwealth of Puerto Rico, Guam, the 

24 United States Virgin Islands, the Commonwealth of 

25 the Northern Mariana Islands, American Samoa, 
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1 and any other territory or possession of the United 

2 States. 

3 (4) VICTIM OF TRAFFICKING.—The term ‘‘vic4 tim of trafficking’’ means an individual subjected to 

5 an act of trafficking. 

6 (b) GRANTS AUTHORIZED.—The Attorney General 

7 may award grants to eligible entities to provide training 

8 to State and local law enforcement personnel to identify 

9 and protect victims of trafficking. 

10 (c) USE OF FUNDS.—A grant awarded under this 

11 section shall be used for any one or more of the following: 

12 (1) To train law enforcement personnel to iden13 tify and protect victims of trafficking, including 

14 training such personnel to utilize Federal, State, or 

15 local resources to assist victims of trafficking. 

16 (2) To train law enforcement or State or local 

17 prosecutors to identify, investigate, or prosecute acts 

18 of trafficking. 

19 (3) To train law enforcement or State or local 

20 prosecutors to utilize laws that prohibit acts of traf21 ficking. 

22 (4) To assist in the development of State and 

23 local laws to prohibit acts of trafficking. 

24 (d) RESTRICTIONS.— 
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1 (1) SUPPLEMENT NOT SUPPLANT.—A grant 

2 awarded under this section shall be used to supple3 ment and not supplant other Federal, State, and 

4 local public funds available to carry out the training 

5 described in subsection (c). 

6 (2) ADMINISTRATIVE EXPENSES.—An eligible 

7 entity that receives a grant under this section may 

8 use not more than 5 percent of the total amount of 

9 such grant for administrative expenses. 

10 (3) NONEXCLUSIVITY.—Nothing in this section 

11 may be construed to restrict the ability of an eligible 

12 entity to apply for or obtain funding from any other 

13 source to carry out the training described in sub14 section (c). 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated $10,000,000 for each 

17 of fiscal years 2006 through 2010 to carry out this sec18 tion. 

Æ