I 

118TH CONGRESS 

1ST SESSION H. R. 5145 

To extend immigration benefits to survivors of domestic violence, sexual 

assault, human trafficking, and other gender-based violence, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 4, 2023 

Ms. JAYAPAL (for herself, Ms. SCHAKOWSKY, Mr. ESPAILLAT, Mr. PANETTA, 

Mr. NADLER, Ms. BARRAGA ́N, Mr. BLUMENAUER, Mr. CARBAJAL, Mr. 

CASAR, Mr. CASTEN, Mr. CASTRO of Texas, Ms. CHU, Mr. GARCI ́A of Illinois, Ms. JACKSON LEE, Mr. JOHNSON of Georgia, Ms. LEE of California, Mr. MCGOVERN, Ms. MENG, Mrs. NAPOLITANO, Ms. NORTON, 

Ms. OCASIO-CORTEZ, Ms. OMAR, Ms. SCANLON, and Ms. TLAIB) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Agriculture, Education and the Workforce, Energy and Commerce, 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 extend immigration benefits to survivors of domestic violence, sexual assault, human trafficking, and other gender-based 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Working for Immi3 grant Safety and Empowerment Act of 2023’’ or as the 

4 ‘‘WISE Act of 2023’’. 

5 SEC. 2. PURPOSE; SENSE OF CONGRESS. 

6 (a) PURPOSE.—The purpose of this Act is to remove 

7 barriers to immigration status for non-citizen survivors of 

8 domestic violence, sexual assault, human trafficking, and 

9 other crimes who may be eligible for protections under the 

10 Violence Against Women Act of 1994 (VAWA) and the 

11 Trafficking Victims Protection Act of 2000 (TVPA) and 

12 other vulnerable immigrants. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that the Secretary of Homeland Security should re15 duce barriers to, and provide victims timely access to the 

16 immigration protections such as those created in VAWA 

17 and the TVPA, as well as refrain from deporting crime 

18 victims before their applications for humanitarian relief 

19 are fully adjudicated, as it undermines critical bi-partisan 

20 protections created in VAWA and the TVPA. 

21 SEC. 3. U VISA REFORM. 

22 (a) PHYSICAL OR MENTAL ABUSE.—Section 

23 101(a)(15)(U)(i)(I) of the Immigration and Nationality 

24 Act (8 U.S.C. 1101(a)(15)(U)(i)(I)) is amended by strik25 ing the semicolon after ‘‘criminal activity described in 


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1 clause (iii)’’ and inserting the following: ‘‘or civil violations 

2 described in clause (iv); and’’. 

3 (b) REMOVAL OF CERTAIN BASES.—Section 

4 101(a)(15)(U)(i) of the Immigration and Nationality Act 

5 (8 U.S.C. 1101(a)(15)(U)(i)) is amended by striking sub6 clauses (II) and (III). 

7 (c) INCLUSION OF CIVIL VIOLATIONS.—Section 

8 101(a)(15)(U)(i)(IV) of the Immigration and Nationality 

9 Act (8 U.S.C. 1101(a)(15)(U)(i)(IV)) is amended— 

10 (1) by striking ‘‘(IV)’’ and inserting ‘‘(II)’’; and 

11 (2) by inserting after ‘‘criminal activity de12 scribed in clause (iii)’’ the following: ‘‘or civil viola13 tions described in clause (iv)’’. 

14 (d) CIVIL VIOLATIONS DESCRIBED.—Section 

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

16 (8 U.S.C. 1101(a)(15)(U)) is amended— 

17 (1) in clause (ii)(II), by striking ‘‘and’’ at the 

18 end; 

19 (2) in clause (iii), by striking ‘‘or’’ at the end 

20 and inserting ‘‘and’’; and 

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

22 ‘‘(iv) the term ‘civil violations’ refers 

23 to violations related to the activities de24 scribed in clause (iii) that may give rise to 


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1 a civil or administrative investigation, pro2 ceeding or adjudication; or’’. 

3 (e) ADDING QUALIFYING CRIMES AND CIVIL VIOLA4 TIONS.—Section 101(a)(15)(U) of the Immigration and 

5 Nationality Act, as amended by this Act (8 U.S.C. 

6 1101(a)(15)(U)), is further amended— 

7 (1) by moving clause (iii) 2 ems to the left; and 

8 (2) in clause (iii), by inserting after ‘‘fraud in 

9 foreign labor contracting (as defined in section 1351 

10 of title 18, United States Code)’’ the following: ‘‘; 

11 hate crime acts; child abuse; elder abuse;’’. 

12 (f) CERTIFICATIONS.—Section 214(p)(1) of the Im13 migration and Nationality Act (8 U.S.C. 1184(p)(1)) is 

14 amended to read as follows: 

15 ‘‘(1) PETITION FILING.—A petition filed by the 

16 alien under 101(a)(15)(U)(i) shall be filed with the 

17 Secretary of Homeland Security.’’. 

18 (g) ELIMINATING ANNUAL U VISA NUMERICAL LIMI19 TATION.—Section 214(p) of the Immigration and Nation20 ality Act (8 U.S.C. 1184(p)) is amended by striking para21 graph (2). 

22 (h) EMPLOYMENT AUTHORIZATION.—Section 214(p) 

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

24 1184(p)) is amended— 


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1 (1) in paragraph (3)(B), by striking ‘‘during 

2 the period those aliens are in lawful temporary resi3 dent status under that subsection, provide the aliens 

4 with employment authorization’’ and inserting ‘‘pro5 vide the aliens with employment authorization pur6 suant to paragraph (8)’’; 

7 (2) in paragraph (6)— 

8 (A) in the first sentence by striking ‘‘than 

9 4 years’’ and all that follows through the pe10 riod; 

11 (B) in the second sentence, strike ‘‘excep12 tional’’ and insert ‘‘compelling’’; and 

13 (C) by striking the last sentence; and 

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

15 ‘‘(8) WORK AUTHORIZATION.—The Secretary of 

16 Homeland Security shall grant employment author17 ization to an alien who has filed an application for 

18 nonimmigrant status under section 101(a)(15)(U) 

19 on the date that is the earlier of— 

20 ‘‘(A) the date on which the alien’s applica21 tion for such status is approved; or 

22 ‘‘(B) a date determined by the Secretary 

23 that is not later than 180 days after the date 

24 on which the alien filed the application. 


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1 Eligibility for work authorization in the United 

2 States under another provision of this Act does not 

3 preclude the issuance of work authorization under 

4 this paragraph. Such employment authorization shall 

5 continue in effect while the alien has temporary resi6 dent status under section 101(a)(15)(U).’’. 

7 (i) PAROLE FOR U VISA WAITLIST.—The Secretary 

8 shall, when appropriate, grant parole to petitioners for a 

9 visa under section 101(a)(15)(U) and qualifying family 

10 members abroad who seek parole while the petitions are 

11 pending. 

12 (j) ELIMINATE CIVIL PENALTIES FOR FAILURE TO

13 DEPART.—Section 240B(d)(2) of the Immigration and 

14 Nationality Act (8 USC 1229c(d)(2)) is amended to read 

15 as follows: 

16 ‘‘(2) APPLICATION OF VAWA AND TVPA PROTEC17 TIONS.—The restrictions on relief under paragraph 

18 (1) shall not apply to relief under section 240A or 

19 section 245 on the basis of— 

20 ‘‘(A) a petition filed under section 

21 101(a)(15)(U); 

22 ‘‘(B) a petition filed under section 

23 101(a)(27)(J); 

24 ‘‘(C) adjustment of status application filed 

25 under section 245(h); 


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1 ‘‘(D) a petition filed under section 

2 101(a)(15)(T); 

3 ‘‘(E) a petition or application referred to 

4 under section 101(a)(51) filed by a VAWA self5 petitioner; or 

6 ‘‘(F) a petition filed under section 

7 240A(b)(2), or under section 244(a)(3) (as in 

8 effect prior to March 31, 1997).’’. 

9 (k) AGING OUT DETERMINATIONS.— 

10 (1) Section 214(p)(7)(A) of the Immigration 

11 and Nationality Act (8 U.S.C. 1184(p)(7)(A)) is 

12 amended— 

13 (A) by striking ‘‘unmarried’’; and 

14 (B) by striking ‘‘but while it was pending’’. 

15 (2) Section 214(p)(7)(B) of the Immigration 

16 and Nationality Act (8 U.S.C. 1184(p)(7)(B)) is 

17 amended by striking ‘‘but while it is pending’’. 

18 (3) Section 245(m)(3) of the Immigration and 

19 Nationality Act (8 U.S.C. 1255(m)(3)) is amend20 ed— 

21 (A) by inserting ‘‘(A) IN GENERAL.—’’ be22 fore ‘‘Upon approval’’; and 

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

24 ‘‘(B) CHILDREN.—An alien who seeks to adjust 

25 status or obtain an immigrant visa based upon a 


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1 parent’s application for adjustment of status, and 

2 who was under 21 years of age on the date on which 

3 such parent applied for adjustment of status, shall 

4 continue to be classified as a child for purposes of 

5 this paragraph, if the alien attains 21 years of age 

6 after such parent’s petition was filed. 

7 ‘‘(C) PRINCIPAL ALIENS.—A parent described 

8 subparagraph (A) shall continue to be treated as a 

9 parent for purposes of this paragraph if the alien 

10 child attains 21 years of age after his or her applica11 tion for status under paragraph (1) of such section 

12 is filed.’’. 

13 (l) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect as if enacted as part of the 

15 Victims of Trafficking and Violence Protection Act of 

16 2000 (Public Law 106–386; 114 Stat. 1464) for all those 

17 who were not otherwise admitted into the United States 

18 in under section 101(a)(15)(U) (8 U.S.C. 

19 1101(a)(15)(U)). 

20 SEC. 4. IMMIGRATION STATUS FOR CERTAIN BATTERED 

21 SPOUSES AND CHILDREN. 

22 (a) NONIMMIGRANT STATUS FOR CERTAIN BAT23 TERED SPOUSES AND CHILDREN.—Section 101(a)(51) of 

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

25 1101(a)(51)) is amended— 


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

2 the end; 

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

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

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

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

7 alien.’’. 

8 (b) RELIEF FOR ABUSED DERIVATIVE ALIENS.— 

9 (1) AMENDMENT.—Section 106 of the Immi10 gration and Nationality Act (8 U.S.C. 1105a) is 

11 amended to read as follows: 

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

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

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

15 who— 

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

17 101(a)(15); 

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

19 principal alien admitted under such section; and 

20 ‘‘(3) has been subject to battery or extreme cru21 elty by such principal alien. 

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

23 The Secretary of Homeland Security— 

24 ‘‘(1) shall consider an abused derivative alien 

25 and any child of that alien be admissible and eligible 


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1 to extend the period of admission for the period for 

2 the period that is the longer of— 

3 ‘‘(A) the same period for which the prin4 cipal alien was initially admitted; or 

5 ‘‘(B) 3 years; 

6 ‘‘(2) may extend any period of admission under 

7 paragraph (1) as the Secretary determines appro8 priate; 

9 ‘‘(3) shall grant employment authorization to 

10 an abused derivative alien and any eligible child of 

11 that alien; and 

12 ‘‘(4) may adjust the status of an alien admitted 

13 or whose admission is extended under this section to 

14 that of an alien lawfully admitted for permanent res15 idence if— 

16 ‘‘(A)(i) the abused derivative alien is not 

17 inadmissible under section 212(a); or 

18 ‘‘(ii) the Secretary of Homeland Security 

19 determines that the continued presence in the 

20 United States of the abused derivative alien is 

21 justified— 

22 ‘‘(I) on humanitarian grounds; 

23 ‘‘(II) to ensure family unity; or 

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


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

2 alien was admitted to the United States would 

3 have potentially allowed for eventual adjustment 

4 of status. 

5 ‘‘(c) PROVISIONS FOR CHILDREN.— 

6 ‘‘(1) IN GENERAL.—An alien whose parent ad7 justed status to that of a lawful permanent resident 

8 under this section, and who was under 21 years of 

9 age on the date on which such parent petitioned for 

10 such adjustment, shall continue to be classified as a 

11 child if the alien attains 21 years of age after such 

12 parent’s petition was filed. 

13 ‘‘(2) CONSTRUCTIVE FILING.—For purposes of 

14 this section, an individual who qualified to file a pe15 tition under this section as of the day before the 

16 date on which the individual attained 21 years of 

17 age, and who did not file such a petition before such 

18 day, shall be deemed as having filed a petition under 

19 this section as of such day if a petition is filed be20 fore the individual attains 25 years of age and the 

21 individual shows that the battery or extreme cruelty 

22 described in subsection (a)(3) was a primary cause 

23 for the delay in filing. 

24 ‘‘(d) RELATIONSHIP CONSIDERATIONS.— 


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1 ‘‘(1) IN GENERAL.—The death of the principal 

2 alien shall not affect the status of an abused deriva3 tive alien under this section. 

4 ‘‘(2) EFFECT OF LOSS OF STATUS OR TERMI5 NATION OF RELATIONSHIP.—The principal alien’s 

6 loss of status or the legal termination of the abused 

7 derivative alien’s familial or marital relationship 

8 with principal alien shall not affect the status of an 

9 abused derivative alien under this section if battery 

10 or extreme cruelty by the principal alien was one 

11 central reason for such termination or loss of status. 

12 ‘‘(3) GOOD FAITH BELIEF IN MARRIAGE.—In 

13 the case of an alien who— 

14 ‘‘(A) believed that he or she had married 

15 the principal alien; 

16 ‘‘(B) participated in a marriage ceremony 

17 with the principal alien that was actually per18 formed; and 

19 ‘‘(C) who otherwise meets any applicable 

20 requirements under this Act to establish the ex21 istence of and bona fides of a marriage, 

22 that alien may not be considered not to be the 

23 spouse of such principal alien for purposes of this 

24 section solely because the marriage to the principal 

25 alien was invalid on the basis of bigamy. 


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1 ‘‘(e) PROCEDURES.—A request for relief under this 

2 section shall be handled under the procedures that apply 

3 to an alien seeking relief under— 

4 ‘‘(1) any of clauses (iii) through (viii) of section 

5 204(a)(1)(A); 

6 ‘‘(2) any of clauses (ii) through (v) of section 

7 204(a)(1)(B); or 

8 ‘‘(3) subparagraph (C) or (D) of section 

9 204(a)(1). 

10 ‘‘(f) DERIVATIVES OF ABUSED DERIVATIVE

11 ALIENS.— 

12 ‘‘(1) DERIVATIVE STATUS.—Upon approval of 

13 adjustment of status of an abused derivative alien, 

14 the Secretary of Homeland Security may, to the ex15 tent necessary to avoid extreme hardship to the 

16 abused derivative alien or a covered derivative of the 

17 abused derivative alien, adjust the status of a cov18 ered derivative of the abused derivative alien to that 

19 of an alien lawfully admitted for permanent resi20 dence or issue an immigrant visa to such covered de21 rivative. 

22 ‘‘(2) RECORDING.—Upon the approval of ad23 justment of status under paragraph (1), the Sec24 retary of Homeland Security shall record the alien’s 


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1 lawful admission for permanent residence as of the 

2 date of such approval. 

3 ‘‘(3) DEFINITION.—For purposes of this sub4 section, the term ‘covered derivative’ means, with re5 spect to an abused derivative alien, a spouse, a child, 

6 or, in the case that the primary alien is an alien 

7 child, a parent who did not receive status pursuant 

8 to this section. 

9 ‘‘(g) NO EFFECT ON OTHER ELIGIBILITIES.—Ad10 mission and eligibility for adjustment of status under sub11 section (b) shall not preclude adjustment of status based 

12 on other grounds for which the alien is eligible.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents preceding section 101 of the Immigration and 

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

16 striking the item relating to section 106 and insert17 ing the following: 

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

18 (c) SURVIVAL RIGHTS TO SELF-PETITION.—Section 

19 204(h) of the Immigration and Nationality Act (8 U.S.C. 

20 1154(h)) is amended in the second sentence by amending 

21 to read as follows: ‘‘Remarriage or marriage of a VAWA 

22 self-petitioner who has filed an application or petition for 

23 relief under any provision referred to section 101(a)(51) 

24 shall have no effect on approval of such petition or applicaVerDate Sep 11 2014 19:50 Aug 22, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H5145.IH H5145

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1 tion and shall not be the basis for revocation of an petition 

2 under section 205.’’. 

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

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

5 of this Act and shall apply to VAWA self-petitioners filing 

6 applications before, on, or after the date of the enactment 

7 of this Act. 

8 SEC. 5. PROHIBITION ON DETENTION OF CERTAIN VICTIMS 

9 WITH PENDING OR APPROVED PETITIONS 

10 AND APPLICATIONS. 

11 Section 236 of the Immigration and Nationality Act 

12 (8 U.S.C. 1226) is amended by adding at the end the fol13 lowing: 

14 ‘‘(f) PROHIBITION ON DETENTION OF CERTAIN VIC15 TIMS WITH PENDING OR APPROVED PETITIONS AND AP16 PLICATIONS.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding any other 

18 provision of this Act, there shall be a presumption 

19 that the alien described in paragraph (2) shall be re20 leased from detention without conditions. The Sec21 retary of Homeland Security may rebut the pre22 sumption if the Secretary determines, based on clear 

23 and convincing evidence that is retained in the 

24 record, including credible and individualized infor25 mation, that the use of alternatives to detention will 


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1 not reasonably ensure the appearance of the alien at 

2 removal proceedings, or that the alien is a danger to 

3 another person or the community. The fact that an 

4 alien has a criminal charge pending against the alien 

5 or dismissed may not be the sole factor to justify the 

6 continued detention of the alien. 

7 ‘‘(2) ALIEN DESCRIBED.—An alien described in 

8 this paragraph is an alien who— 

9 ‘‘(A) has a pending application under sec10 tion 101(a)(15)(T), 101(a)(15)(U), 106, 

11 240A(b)(2), or 244(a)(3) (as in effect on March 

12 31, 1997); 

13 ‘‘(B) is a VAWA self-petitioner with a 

14 pending application for relief under a provision 

15 referred to in one of subparagraphs (A) through 

16 (G) of section 101(a)(51); or 

17 ‘‘(C) has a pending or approved petition 

18 under section 101(a)(27)(J) of the Immigration 

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

20 1101(a)(27)(J)).’’. 

21 SEC. 6. ACCESS TO CERTAIN INFORMATION. 

22 Section 384 of the Illegal Immigration Reform and 

23 Immigration Responsibility Act of 1996 (8 U.S.C 1367) 

24 is amended as follows: 

25 (1) in subsection (a)(1)— 


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1 (A) by striking ‘‘solely’’ after ‘‘furnished’’; 

2 and 

3 (B) by striking ‘‘or’’ at the end; 

4 (2) in subsection (a)(2)— 

5 (A) by inserting ‘‘, files, or records,’’ after 

6 ‘‘information’’; 

7 (B) by striking ‘‘relates’’ and inserting 

8 ‘‘relate’’; or 

9 (C) by striking the period at the end and 

10 inserting ‘‘; or’’ 

11 (3) in subsection (a), by adding at the end the 

12 following: 

13 ‘‘(3) except as provided in this subsection— 

14 ‘‘(A) use the information furnished by the 

15 applicant pursuant to an application or petition 

16 filed under paragraph (15)(T), (15)(U), 

17 (27)(J), or (51) of section 101(a) of the Immi18 gration and Nationality Act, or section 

19 240A(b)(2) of such Act, for any purpose other 

20 than to make a determination on the applica21 tion, or for enforcement of subsection (c) of this 

22 section; 

23 ‘‘(B) make any publication whereby the in24 formation furnished by any particular individual 


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1 would permit the individual to be identified or 

2 located; or 

3 ‘‘(C) permit anyone other than the sworn 

4 officers and employees of the Department or 

5 bureau or agency to examine individual applica6 tions.’’; 

7 (4) in subsection (b)(2), by striking ‘‘legitimate 

8 law enforcement purpose,’’ and inserting ‘‘a criminal 

9 investigation or prosecution,’’; 

10 (5) in subsection (b)(4), to read as follows: 

11 ‘‘(4) Paragraphs (2) and (3) of subsection (a) 

12 shall not apply if all the individuals in the case are 

13 adults and they have all waived, in writing, the re14 strictions of such subsection.’’; 

15 (6) in subsection (c) by striking ‘‘5,000’’ and 

16 inserting ‘‘10,000’’; 

17 (7) in subsection (d) by adding at the end the 

18 following: ‘‘The Attorney General, Secretary of 

19 State, and the Secretary of Homeland Security shall 

20 provide Congress with an annual report regarding 

21 training provided to officers and employees, number 

22 of investigations opened for violations of paragraphs 

23 (1) through (3) of subsection (a), and the results of 

24 those investigations.’’; and 

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


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1 ‘‘(e) REMEDIAL MEASURES.—The Attorney General, 

2 Secretary of State, and the Secretary of Homeland Secu3 rity shall make rules not later than 120 days after the 

4 date of enactment of this subsection to establish a process, 

5 for the benefit of individuals harmed by violations of this 

6 section, to determine whether there has been a violation 

7 of this section, and to remedy any such violation. Such 

8 process shall include an appeal process for any determina9 tion that a violation did not occur. 

10 ‘‘(f) CAUSE OF ACTION.—An individual who is in11 jured by a violation of this section may bring a civil action 

12 for appropriate relief, including an order to strike any in13 formation obtained or provided in violation of this section 

14 from the appropriate records. 

15 ‘‘(g) ANNUAL REPORT.—Each year the Attorney 

16 General, Secretary of State, and the Secretary of Home17 land Security shall each report on the number of employ18 ees sanctioned for violations of this section.’’. 

19 SEC. 7. POWERS OF IMMIGRATION OFFICERS AND EMPLOY20 EES AT PROTECTED AREAS. 

21 Section 287 of the Immigration and Nationality Act 

22 (8 U.S.C. 1357) is amended by adding at the end the fol23 lowing: 

24 ‘‘(i)(1) In this subsection: 


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1 ‘‘(A) The term ‘appropriate committees of Con2 gress’ means— 

3 ‘‘(i) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; 

5 ‘‘(ii) the Committee on the Judiciary of the 

6 Senate; 

7 ‘‘(iii) the Committee on Homeland Security 

8 of the House of Representatives; and 

9 ‘‘(iv) the Committee on the Judiciary of 

10 the House of Representatives. 

11 ‘‘(B) The term ‘enforcement action’— 

12 ‘‘(i) means an apprehension, arrest, inter13 view, request for identification, search, or sur14 veillance for the purposes of immigration en15 forcement; and 

16 ‘‘(ii) includes an enforcement action at, or 

17 focused on, a protected area that is part of a 

18 joint case led by another law enforcement agen19 cy. 

20 ‘‘(C) The term ‘exigent circumstances’ means a 

21 situation involving— 

22 ‘‘(i) a threat to the national security of the 

23 United States; 

24 ‘‘(ii) the imminent risk of death, violence, 

25 or physical harm to any person; 


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1 ‘‘(iii) the immediate arrest or pursuit of an 

2 individual who poses a public safety threat; or 

3 ‘‘(iv) the imminent risk of destruction of 

4 evidence that is material to an ongoing criminal 

5 case. 

6 ‘‘(D) The term ‘prior approval’ means— 

7 ‘‘(i) in the case of officers and agents of 

8 U.S. Immigration and Customs Enforcement, 

9 prior written approval to carry out an enforce10 ment action involving a specific individual or in11 dividuals authorized by— 

12 ‘‘(I) the Assistant Director of Oper13 ations, Homeland Security Investigations; 

14 ‘‘(II) the Executive Associate Director 

15 of Homeland Security Investigations; 

16 ‘‘(III) the Assistant Director for Field 

17 Operations, Enforcement and Removal Op18 erations; or 

19 ‘‘(IV) the Executive Associate Direc20 tor for Field Operations, Enforcement and 

21 Removal Operations; 

22 ‘‘(ii) in the case of officers and agents of 

23 U.S. Customs and Border Protection, prior 

24 written approval to carry out an enforcement 


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1 action involving a specific individual or individ2 uals authorized by— 

3 ‘‘(I) a Chief Patrol Agent; 

4 ‘‘(II) the Director of Field Operations; 

5 ‘‘(III) the Director of Air and Marine 

6 Operations; or 

7 ‘‘(IV) the Internal Affairs Special 

8 Agent in Charge; and 

9 ‘‘(iii) in the case of other Federal, State, 

10 or local law enforcement officers, to carry out 

11 an enforcement action involving a specific indi12 vidual or individuals authorized by— 

13 ‘‘(I) the head of the Federal agency 

14 carrying out the enforcement action; or 

15 ‘‘(II) the head of the State or local 

16 law enforcement agency carrying out the 

17 enforcement action. 

18 ‘‘(E) The term ‘protected area’ includes all of 

19 the physical space located within 1,000 feet of— 

20 ‘‘(i) any medical or mental health treat21 ment or health care facility, including any hos22 pital, doctor’s office, accredited health clinic, al23 cohol or drug treatment center, site that serves 

24 pregnant individuals, vaccination or testing site, 


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1 emergent or urgent care facility, or community 

2 health center; 

3 ‘‘(ii) any public or private school, including 

4 any known and licensed day care facility, pre5 school, other early learning program facility, 

6 primary school, secondary school, postsecondary 

7 school (including colleges and universities), or 

8 other institution of learning (including voca9 tional or trade schools); 

10 ‘‘(iii) any scholastic or education-related 

11 activity or event, including field trips and inter12 scholastic events; 

13 ‘‘(iv) any school bus or school bus stop 

14 during periods when school children are present 

15 on the bus or at the stop; 

16 ‘‘(v) any place where children gather, such 

17 as a playground, recreation center, childcare 

18 center, before- or after-school care center, foster 

19 care facility, or group home for children; 

20 ‘‘(vi) any organization that— 

21 ‘‘(I) assists children, pregnant individ22 uals, victims of crime or abuse, or individ23 uals with significant mental or physical 

24 disabilities; or 


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1 ‘‘(II) provides disaster or emergency 

2 social services and assistance; 

3 ‘‘(vii) any church, synagogue, mosque, or 

4 other place of worship, including buildings 

5 rented for the purpose of religious services, re6 treats, counseling, workshops, instruction, and 

7 education; 

8 ‘‘(viii) any Federal, State, or local court9 house, including the office of an individual’s 

10 legal counsel or representative, and a probation, 

11 parole, or supervised release office; 

12 ‘‘(ix) the site of a funeral, wedding, or 

13 other religious ceremony or observance; 

14 ‘‘(x) any public demonstration, such as a 

15 march, rally, or parade; 

16 ‘‘(xi) any domestic violence shelter, rape 

17 crisis center, supervised visitation center, family 

18 justice center, or victim services provider; 

19 ‘‘(xii) any youth or teen homeless shelter; 

20 or 

21 ‘‘(xiii) any other location specified by the 

22 Secretary of Homeland Security for purposes of 

23 this subsection. 

24 ‘‘(2)(A) An enforcement action may not take place 

25 at, or be focused on, a protected area unless— 


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1 ‘‘(i) the action involves exigent circumstances; 

2 and 

3 ‘‘(ii) prior approval for the enforcement action 

4 was obtained from the appropriate official. 

5 ‘‘(B) If an enforcement action is initiated pursuant 

6 to subparagraph (A) and the exigent circumstances per7 mitting the enforcement action cease, the enforcement ac8 tion shall be discontinued until such exigent circumstances 

9 reemerge. 

10 ‘‘(C) If an enforcement action is carried out in viola11 tion of this subsection— 

12 ‘‘(i) no information resulting from the enforce13 ment action may be entered into the record or re14 ceived into evidence in a removal proceeding result15 ing from the enforcement action; and 

16 ‘‘(ii) the alien who is the subject of such re17 moval proceeding may file a motion for the imme18 diate termination of the removal proceeding. 

19 ‘‘(3)(A) This subsection shall apply to any enforce20 ment action by— 

21 ‘‘(i) officers or agents of U.S. Immigration and 

22 Customs Enforcement; 

23 ‘‘(ii) officers or agents of U.S. Customs and 

24 Border Protection; and 


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1 ‘‘(iii) any individual designated to perform im2 migration enforcement functions pursuant to sub3 section (g). 

4 ‘‘(B) While carrying out an enforcement action at a 

5 protected area, officers and agents referred to in subpara6 graph (A) shall make every effort— 

7 ‘‘(i) to limit the time spent at the protected 

8 area; 

9 ‘‘(ii) to limit the enforcement action at the pro10 tected area to the person or persons for whom prior 

11 approval was obtained; and 

12 ‘‘(iii) to conduct themselves discreetly. 

13 ‘‘(C) If, while carrying out an enforcement action 

14 that is not initiated at or focused on a protected area, 

15 officers or agents are led to a protected area, and no exi16 gent circumstance and prior approval with respect to the 

17 protected area exists, such officers or agents shall— 

18 ‘‘(i) cease before taking any further enforce19 ment action; 

20 ‘‘(ii) conduct themselves in a discreet manner; 

21 ‘‘(iii) maintain surveillance; and 

22 ‘‘(iv) immediately consult their supervisor in 

23 order to determine whether such enforcement action 

24 should be discontinued. 


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1 ‘‘(D) The limitations under this paragraph shall not 

2 apply to the transportation of an individual apprehended 

3 at or near a land or sea border to a hospital or health 

4 care provider for the purpose of providing medical care 

5 to such individual. 

6 ‘‘(4)(A) Each official specified in subparagraph (B) 

7 shall ensure that the employees under the supervision of 

8 that official receive annual training on compliance with— 

9 ‘‘(i) the requirements under this subsection in 

10 enforcement actions at or focused on protected areas 

11 and enforcement actions that lead officers or agents 

12 to a protected area; and 

13 ‘‘(ii) the requirements under section 239 of this 

14 Act and section 384 of the Illegal Immigration Re15 form and Immigrant Responsibility Act of 1996 (8 

16 U.S.C. 1367). 

17 ‘‘(B) The officials specified in this subparagraph 

18 are— 

19 ‘‘(i) the Chief Counsel of U.S. Immigration and 

20 Customs Enforcement; 

21 ‘‘(ii) the Field Office Directors of U.S. Immi22 gration and Customs Enforcement; 

23 ‘‘(iii) each Special Agent in Charge of U.S. Im24 migration and Customs Enforcement; 


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1 ‘‘(iv) each Chief Patrol Agent of U.S. Customs 

2 and Border Protection; 

3 ‘‘(v) the Director of Field Operations of U.S. 

4 Customs and Border Protection; 

5 ‘‘(vi) the Director of Air and Marine Operations 

6 of U.S. Customs and Border Protection; 

7 ‘‘(vii) the Internal Affairs Special Agent in 

8 Charge of U.S. Customs and Border Protection; and 

9 ‘‘(viii) the chief law enforcement officer of each 

10 State or local law enforcement agency that enters 

11 into a written agreement with the Department of 

12 Homeland Security pursuant to subsection (g). 

13 ‘‘(5) The Secretary of Homeland Security shall mod14 ify the Notice to Appear form (I–862)— 

15 ‘‘(A) to provide the subjects of an enforcement 

16 action with information, written in plain language, 

17 summarizing the restrictions against enforcement 

18 actions at protected areas set forth in this sub19 section and the remedies available to the alien if 

20 such action violates such restrictions; 

21 ‘‘(B) so that the information described in sub22 paragraph (A) is accessible to individuals with lim23 ited English proficiency; and 

24 ‘‘(C) so that subjects of an enforcement action 

25 are not permitted to verify that the officers or 


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1 agents that carried out such action complied with 

2 the restrictions set forth in this subsection. 

3 ‘‘(6)(A) The Director of U.S. Immigration and Cus4 toms Enforcement and the Commissioner of U.S. Customs 

5 and Border Protection shall each submit an annual report 

6 to the appropriate committees of Congress that includes 

7 the information set forth in subparagraph (B) with respect 

8 to the respective agency. 

9 ‘‘(B) Each report submitted under subparagraph (A) 

10 shall include, with respect to the submitting agency during 

11 the reporting period— 

12 ‘‘(i) the number of enforcement actions that 

13 were carried out at, or focused on, a protected area; 

14 ‘‘(ii) the number of enforcement actions in 

15 which officers or agents were subsequently led to a 

16 protected area; and 

17 ‘‘(iii) for each enforcement action described in 

18 clause (i) or (ii)— 

19 ‘‘(I) the date on which it occurred; 

20 ‘‘(II) the specific site, city, county, and 

21 State in which it occurred; 

22 ‘‘(III) the components of the agency in23 volved in the enforcement action; 


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1 ‘‘(IV) a description of the enforcement ac2 tion, including the nature of the criminal activ3 ity of its intended target; 

4 ‘‘(V) the number of individuals, if any, ar5 rested or taken into custody; 

6 ‘‘(VI) the number of collateral arrests, if 

7 any, and the reasons for each such arrest; 

8 ‘‘(VII) a certification whether the location 

9 administrator was contacted before, during, or 

10 after the enforcement action; and 

11 ‘‘(VIII) the percentage of all of the staff 

12 members and supervisors reporting to the offi13 cials listed in paragraph (4)(B) who completed 

14 the training required under paragraph (4)(A). 

15 ‘‘(7) Nothing in the subsection may be construed— 

16 ‘‘(A) to affect the authority of Federal, State, 

17 or local law enforcement agencies— 

18 ‘‘(i) to enforce generally applicable Federal 

19 or State criminal laws unrelated to immigra20 tion; or 

21 ‘‘(ii) to protect residents from imminent 

22 threats to public safety; or 

23 ‘‘(B) to limit or override the protections pro24 vided in— 

25 ‘‘(i) section 239; or 


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1 ‘‘(ii) section 384 of the Illegal Immigration 

2 Reform and Immigrant Responsibility Act of 

3 1996 (8 U.S.C. 1367).’’. 

4 SEC. 8. PROTECTIONS AND RELIEF FOR DOMESTIC VIO5 LENCE SURVIVORS. 

6 (a) ELIGIBILITY FOR CANCELLATION OF REMOVAL

7 FOR DOMESTIC VIOLENCE SURVIVORS.—Section 

8 240A(b)(2)(A)(iv) of the Immigration and Nationality Act 

9 (8 U.S.C. 1229b(b)(2)(A)(iv)) is amended to read as fol10 lows: 

11 ‘‘(iv) the alien is not inadmissible 

12 under section 212(a)(2)(G), section 

13 212(a)(2)(H), or section 212(a)(3) and is 

14 not deportable under section 

15 237(a)(2)(A)(v) or section 237(a)(4); 

16 and’’. 

17 (b) JUDICIAL REVIEW IN VAWA CASES.— 

18 (1) CANCELLATION OF REMOVAL OF DOMESTIC

19 VIOLENCE SURVIVORS.—Section 240A(b)(2) of the 

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

21 1229b(b)(2)) is amended by adding at the end the 

22 following: 

23 ‘‘(E) JUDICIAL REVIEW OF DETERMINA24 TION FOR DOMESTIC VIOLENCE SURVIVORS.—A 

25 determination of whether an individual is eligiVerDate Sep 11 2014 20:58 Aug 21, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H5145.IH H5145

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1 ble for or entitled to relief under this paragraph 

2 or any prior provision of law providing com3 parable relief, shall be subject to judicial re4 view.’’. 

5 (2) REVIEW OF ORDERS OF REMOVAL OF DO6 MESTIC VIOLENCE SURVIVORS.—Section 242(a)(1) 

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

8 1252(a)(1)) is amended to read as follows: 

9 ‘‘(1) GENERAL ORDERS OF REMOVAL.— 

10 ‘‘(A) IN GENERAL.—Judicial review of a 

11 final order of removal (other than an order of 

12 removal without a hearing pursuant to section 

13 235(b)(1)) is governed only by chapter 158 of 

14 title 28 of the United States Code, except as 

15 provided in subparagraph (B) or subsection (b), 

16 and except that the court may not order the 

17 taking of additional evidence under section 

18 2347(c) of such title. 

19 ‘‘(B) DOMESTIC VIOLENCE SURVIVORS AND

20 CRIME VICTIMS.—A final order for the removal 

21 of a nonimmigrant described in section 

22 101(a)(15)(T) or section 101(a)(15)(U), a 

23 VAWA self-petitioner (as defined in section 

24 101(a)(51)), an applicant for relief under sec25 tion 240A(b)(2), an applicant or petitioner for 


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1 relief under sections 101(a)(27)(J) or 245(h), 

2 or under any prior status providing comparable 

3 relief, shall be subject to de novo review by the 

4 court.’’. 

5 (c) AVAILABILITY OF BASIC ASSISTANCE TO LAW6 FULLY PRESENT NONCITIZENS.— 

7 (1) ELIMINATION OF ARBITRARY ELIGIBILITY

8 RESTRICTIONS.—Sections 402, 403, 411, 412, 421, 

9 and 422 of the Personal Responsibility and Work 

10 Opportunity Reconciliation Act of 1996 (8 U.S.C. 

11 1612, 1613, 1621, 1622, 1631, and 1632) are re12 pealed. 

13 (2) NOTIFICATION AND INFORMATION REPORT14 ING.—Section 404 of the Personal Responsibility 

15 and Work Opportunity Reconciliation Act of 1996 (8 

16 U.S.C. 1614) is amended by striking ‘‘, 402, or 

17 403’’. 

18 (3) QUALIFIED NONCITIZENS.—Title IV of the 

19 Personal Responsibility and Work Opportunity Rec20 onciliation Act of 1996 (8 U.S.C. 1601 et seq.) is 

21 amended— 

22 (A) in the header, by striking ‘‘ALIENS’’ 

23 and inserting ‘‘NONCITIZENS’’; 

24 (B) by striking ‘‘alien’’ each place it ap25 pears and inserting ‘‘noncitizen’’; 


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1 (C) by striking ‘‘aliens’’ each place it ap2 pears and inserting ‘‘noncitizens’’; 

3 (D) by striking ‘‘alien’s’’ each place it ap4 pears and inserting ‘‘noncitizen’s’’; 

5 (E) by striking ‘‘an alien’’ each place that 

6 it appears and inserting ‘‘a noncitizen’’; 

7 (F) by striking ‘‘alien’’ each place that it 

8 appears and inserting ‘‘noncitizen’’; 

9 (G) by striking ‘‘qualified alien’’ each place 

10 that it appears and inserting ‘‘qualified noncit11 izen’’; 

12 (H) by striking ‘‘qualified aliens’’ each 

13 place that it appears and inserting ‘‘qualified 

14 noncitizens’’; 

15 (I) by striking ‘‘qualified alien’s’’ each 

16 place that it appears and inserting ‘‘qualified 

17 noncitizen’s’’; 

18 (J) in section 402— 

19 (i) in the header, by striking ‘‘QUALI20 FIED ALIENS’’ and inserting ‘‘QUALI21 FIED NONCITIZENS’’; and 

22 (ii) in subsection (a)(2)(L), by strik23 ing ‘‘QUALIFIED ALIENS’’ and inserting 

24 ‘‘QUALIFIED NONCITIZENS’’; 


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1 (K) in section 403, in the header, by strik2 ing ‘‘QUALIFIED ALIENS’’ and inserting 

3 ‘‘QUALIFIED NONCITIZENS’’; 

4 (L) in section 411, in the header, by strik5 ing ‘‘QUALIFIED ALIENS’’ and inserting 

6 ‘‘QUALIFIED NONCITIZENS’’; and 

7 (M) in section 412, in the header, by strik8 ing ‘‘QUALIFIED ALIENS’’ and inserting 

9 ‘‘QUALIFIED NONCITIZENS’’. 

10 (4) ACCESS TO BASIC SERVICES FOR LAWFULLY

11 RESIDING NONCITIZENS.—Section 431 of the Per12 sonal Responsibility and Work Opportunity Rec13 onciliation Act of 1996 (8 U.S.C. 1641) is amend14 ed— 

15 (A) in subsection (b)— 

16 (i) in the header, by striking ‘‘QUALI17 FIED ALIEN’’ and inserting ‘‘QUALIFIED

18 NONCITIZEN’’; 

19 (ii) by striking ‘‘qualified alien’’ and 

20 inserting ‘‘qualified noncitizen’’; 

21 (iii) by striking ‘‘alien’’ and inserting 

22 ‘‘noncitizen’’; 

23 (iv) by striking ‘‘an alien’’ and insert24 ing ‘‘a noncitizen’’; and 


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1 (v) by striking ‘‘benefit’’ and all that 

2 follows through the period at the end of 

3 the subsection and inserting ‘‘benefit, is 

4 lawfully present in the United States.’’; 

5 (B) in subsection (c)— 

6 (i) in the header, by striking ‘‘QUALI7 FIED ALIENS’’ and inserting ‘‘QUALIFIED

8 NONCITIZENS’’; 

9 (ii) by striking ‘‘; or’’ at the end of 

10 paragraph (3) and inserting ‘‘;’’; 

11 (iii) by striking the period at the end 

12 of paragraph (4) and inserting ‘‘; or’’; and 

13 (iv) by inserting after paragraph (4): 

14 ‘‘(5) a noncitizen— 

15 ‘‘(A) in a category that was treated as law16 fully present for purposes of section 1101 of the 

17 Patient Protection and Affordable Care Act of 

18 2010 (42 U.S.C. 18001); 

19 ‘‘(B) who met the requirements of section 

20 402(a)(2)(D) of the Personal Responsibility and 

21 Work Opportunity Reconciliation Act of 1996 

22 (8 U.S.C. 1612(a)(2)(D)) on or before January 

23 1, 2021; 

24 ‘‘(C) who is granted special immigrant ju25 venile status as described by section 


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1 101(a)(27)(J) of the Immigration and Nation2 ality Act (8 U.S.C. 1101(a)(27)(J)); 

3 ‘‘(D) who has a pending, bona fide applica4 tion for nonimmigrant status under section 

5 101(a)(15)(U) of the Immigration and Nation6 ality Act (8 U.S.C. 1101(1)(15)(U)); 

7 ‘‘(E) who was granted relief under the De8 ferred Action for Childhood Arrivals program; 

9 or 

10 ‘‘(F) any other person who is not a citizen 

11 of the United States but who resides in a State 

12 or territory of the United States and is Feder13 ally authorized to be present in the United 

14 States.’’; and 

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

16 subsection: 

17 ‘‘(d) NONCITIZEN.—For the purposes of this section, 

18 the term ‘noncitizen’ means any individual who is not a 

19 citizen of the United States.’’. 

20 (5) CHILD NUTRITION PROGRAMS.—Section 

21 742 of the Personal Responsibility and Work Oppor22 tunity Reconciliation Act of 1996 (8 U.S.C. 1615) is 

23 amended— 

24 (A) in subsection (a)— 


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1 (i) in the header by striking ‘‘SCHOOL

2 LUNCH AND BREAKFAST PROGRAMS’’ and 

3 inserting ‘‘CHILD NUTRITION PROGRAMS’’; 

4 (ii) by striking ‘‘the school lunch pro5 gram’’ and inserting ‘‘any program’’; and 

6 (iii) by striking ‘‘the school breakfast 

7 program under section 4 of the’’ and in8 serting ‘‘any program under’’; and 

9 (B) in subsection (b)(1)— 

10 (i) by striking ‘‘Nothing in this Act 

11 shall prohibit or require a State to provide 

12 to an individual who is not a citizen or a 

13 qualified alien, as defined in section 

14 431(b),’’ and inserting ‘‘A State shall not 

15 deny’’; and 

16 (ii) by striking ‘‘paragraph (2)’’ and 

17 inserting ‘‘paragraph (2) on the basis of an 

18 individual’s citizenship or immigration sta19 tus’’. 

20 (6) EXCLUSION OF MEDICAL ASSISTANCE EX21 PENDITURES FOR CITIZENS OF FREELY ASSOCIATED

22 STATES.—Section 1108(h) of the Social Security Act 

23 (42 U.S.C. 1308(h)) is amended— 

24 (A) by striking ‘‘Expenditures’’ and insert25 ing: 


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1 ‘‘(1) Expenditures’’; and 

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

3 paragraph: 

4 ‘‘(2) With respect to eligibility for benefits for 

5 the designated Federal program defined in para6 graph (3)(C) (relating to the Medicaid program), 

7 paragraph (1) shall not apply to any individual who 

8 lawfully resides, in accordance with the Compacts of 

9 Free Association between the Government of the 

10 United States and the Governments of the Fed11 erated States of Micronesia, the Republic of the 

12 Marshall Islands, and the Republic of Palau, in any 

13 of the several States or the District of Columbia and 

14 shall not apply, at the option of the Governor of 

15 Puerto Rico, the Virgin Islands, Guam, the North16 ern Mariana Islands, or American Samoa as commu17 nicated to the Secretary of Health and Human Serv18 ices in writing, to any individual who lawfully resides 

19 in the respective territory in accordance with such 

20 Compacts.’’. 

21 (7) CHILD HEALTH INSURANCE PROGRAM.— 

22 Section 2107(e)(1) of the Social Security Act (42 

23 U.S.C. 1397gg(e)(1)) is amended— 

24 (A) by striking subparagraph (O); and 


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1 (B) by redesignating subparagraphs (P), 

2 (Q), (R), (S), (T), and (U) as subparagraphs 

3 (O), (P), (Q), (R), (S), and (T). 

4 (8) CONFORMING AMENDMENTS.— 

5 (A) SUPPLEMENTAL FOOD ASSISTANCE

6 PROGRAM.—The Food and Nutrition Act of 

7 2008 (7 U.S.C. 2011 et seq.) is amended— 

8 (i) in section 5— 

9 (I) by striking subsection (i); and 

10 (II) by redesignating subsections 

11 (j) through (n) as subsections (i) 

12 through (m), respectively; 

13 (ii) in section 6— 

14 (I) in subsection (f), by striking 

15 ‘‘an alien lawfully admitted for perma16 nent’’ and all that follows through the 

17 end of the subsection and inserting ‘‘a 

18 noncitizen lawfully present in the 

19 United States.’’; and 

20 (II) in subsection (s)(2), by strik21 ing ‘‘(m), and (n)’’ and inserting ‘‘and 

22 (m)’’; and 

23 (iii) in section 11(e)(2)(B)(v)(II) by 

24 striking ‘‘aliens’’ each place it appears and 

25 inserting ‘‘noncitizens’’. 


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1 (B) MEDICAID.—Section 1903(v) of the 

2 Social Security Act (42 U.S.C. 1396b(v)) is 

3 amended— 

4 (i) in paragraph (1), by striking ‘‘ad5 mitted for’’ and all that follows through 

6 the end of the paragraph and inserting 

7 ‘‘present in the United States.’’; and 

8 (ii) striking paragraph (4). 

9 (C) HOUSING ASSISTANCE.—Section 

10 214(a) of the Housing and Community Devel11 opment Act of 1980 (42 U.S.C. 1436a(a)) is 

12 amended by— 

13 (i) redesignating paragraphs (6) and 

14 (7) as paragraphs (7) and (8), respectively; 

15 and 

16 (ii) inserting after paragraph (5): 

17 ‘‘(6) a qualified noncitizen as defined in section 

18 431 of the Personal Responsibility and Work Oppor19 tunity Reconciliation Act of 1996 (8 U.S.C. 1641);’’. 

20 (D) GENERAL RULE ON NONCITIZENS’ ELI21 GIBILITY.—Section 401 of Personal Responsi22 bility and Work Opportunity Reconciliation Act 

23 of 1996 (8 U.S.C. 1611) is amended— 

24 (i) in section 401, in the header— 


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1 (I) by striking ‘‘QUALIFIED

2 ALIENS’’ and inserting ‘‘QUALIFIED

3 NONCITIZENS’’; and 

4 (II) by striking ‘‘ALIENS’’ and 

5 inserting ‘‘NONCITIZENS’’; 

6 (ii) by striking ‘‘qualified alien’’ wher7 ever it occurs and inserting ‘‘qualified non8 citizen’’; and 

9 (iii) by striking ‘‘alien’’ wherever it oc10 curs and inserting ‘‘noncitizen’’. 

11 (E) ASSISTANCE NOT TREATED AS DEBT

12 ABSENT FRAUD.—Section 213A(b)(1)(A) of the 

13 Immigration and Nationality Act is amended by 

14 striking ‘‘benefit,’’ and inserting ‘‘benefit by 

15 fraud,’’. 

16 (9) PRESERVING ACCESS TO HEALTH CARE.— 

17 Section 36B(c)(1)(B) of the Internal Revenue Code 

18 of 1986 is amended to read as follows: 

19 ‘‘(B) SPECIAL RULE FOR CERTAIN INDI20 VIDUALS LAWFULLY PRESENT IN THE UNITED

21 STATES.—If— 

22 ‘‘(i) a taxpayer has a household in23 come which is not greater than 100 per24 cent of an amount equal to the poverty line 

25 for a family of the size involved, 


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1 ‘‘(ii) the taxpayer is a non-citizen law2 fully present in the United States, 

3 ‘‘(iii) the taxpayer is ineligible for 

4 minimum essential coverage under section 

5 5000A(f)(1)(A)(ii), and 

6 ‘‘(iv) under the Medicaid eligibility 

7 criteria for non-citizens in effect on De8 cember 26, 2020, the taxpayer would be 

9 ineligible for such minimum essential cov10 erage by reason of the taxpayer’s immigra11 tion status, 

12 the taxpayer shall, for purposes of the credit 

13 under this section, be treated as an applicable 

14 taxpayer with a household income which is 

15 equal to 100 percent of the poverty line for a 

16 family of the size involved.’’. 

17 (10) FEDERAL AGENCY GUIDANCE.—Not later 

18 than 180 days after the date of the enactment of 

19 this Act, each Federal agency, as applicable, shall 

20 issue guidance with respect to implementing the 

21 amendments made by this section. 

22 (11) EFFECTIVE DATE.—The amendments 

23 made by this subsection shall take effect on the date 

24 of enactment of this Act and shall apply to services 

25 furnished on or after the date that is 180 days after 


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1 the date on which any guidance is issued pursuant 

2 to paragraph (10). 

3 (d) RELIEF FROM CERTAIN RESTRICTIONS ON AD4 JUSTMENT OF STATUS.— 

5 (1) RELIEF FROM CERTAIN RESTRICTIONS FOR

6 DOMESTIC VIOLENCE SURVIVORS.—Section 245(d) of 

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

8 1255(d)) is amended by inserting before the period 

9 at the end the following: ‘‘, unless the alien is the 

10 spouse of an alien lawfully admitted for legal perma11 nent residence or of a citizen of the United States 

12 and is a VAWA self-petitioner’’. 

13 (2) CONFORMING APPLICATION IN CANCELLA14 TION OF REMOVAL.—Section 240A(b)(2)(A)(i) of the 

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

16 1229b(b)(2)(A)(i)) is amended— 

17 (A) in subclause (II), by striking ‘‘or’’ at 

18 the end; 

19 (B) in subclause (III), by adding ‘‘or’’ at 

20 the end; and 

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

22 ‘‘(IV) the alien entered the 

23 United States as an alien described in 

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

25 to enter into a valid marriage and the 


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1 alien (or the child of the alien who is 

2 described in such section) was bat3 tered or subject to extreme cruelty by 

4 the United States citizen who filed the 

5 petition to accord status under such 

6 section;’’. 

7 (3) APPLICATION UNDER SUSPENSION OF DE8 PORTATION FOR DOMESTIC VIOLENCE SURVIVORS.— 

9 The Secretary of Homeland Security or the Attorney 

10 General may suspend the deportation of an alien 

11 who is in deportation proceedings initiated prior to 

12 March 1, 1997, and adjust to the status of an alien 

13 lawfully admitted for permanent residence, if the 

14 alien— 

15 (A) has been physically present in the 

16 United States for a continuous period of not 

17 less than 3 years immediately preceding the 

18 date of such suspension; 

19 (B) has been battered or subjected to ex20 treme cruelty in the United States by a spouse 

21 or immediate family member who is a United 

22 States citizen or a lawful permanent resident, 

23 or the alien entered the United States as an 

24 alien described in section 101(a)(15)(K) of the 

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


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1 1101(a)(15)(K)) with the intent to enter into a 

2 valid marriage and the alien was battered or 

3 subject to extreme cruelty by the United States 

4 citizen who filed the petition to accord status 

5 under such section, or the child of the alien who 

6 is described in this subparagraph; 

7 (C) demonstrates that during all of such 

8 time in the United States the alien was and is 

9 a person of good moral character; and 

10 (D) is a person whose deportation would, 

11 in the opinion of the Secretary or Attorney 

12 General, result in extreme hardship to the alien 

13 or the alien’s parent or child. 

14 (4) EFFECTIVE DATE.—This subsection and the 

15 amendments made by this subsection shall take ef16 fect on the date of the enactment of this Act and 

17 shall apply to aliens who entered the United States 

18 before, on, or after such date. 

19 (e) WORK AUTHORIZATION FOR SURVIVORS.— 

20 (1) T VISAS.—Section 214(o) of the Immigra21 tion and Nationality Act (8 U.S.C. 1184(o)) is 

22 amended by adding at the end the following: 

23 ‘‘(8) Notwithstanding any provision of this Act 

24 granting eligibility for employment in the United 

25 States, the Secretary of Homeland Security shall 


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1 grant employment authorization to an alien who has 

2 filed an application for nonimmigrant status under 

3 section 101(a)(15)(T) on the date that is the earlier 

4 of— 

5 ‘‘(A) the date on which the alien’s applica6 tion for such status is approved; or 

7 ‘‘(B) a date that is not later than 180 days 

8 after the date on which the alien filed the appli9 cation.’’. 

10 (2) VAWA SELF-PETITIONERS.—Section 

11 204(a)(1)(K) of the Immigration and Nationality 

12 Act (8 U.S.C. 1154(a)(1)(K)) is amended to read as 

13 follows: 

14 ‘‘(K)(i) Upon the approval of a petition as 

15 a VAWA self-petitioner, the alien is eligible for 

16 work authorization. 

17 ‘‘(ii) Notwithstanding any provision of this 

18 Act restricting eligibility for employment in the 

19 United States, the Secretary of Homeland Se20 curity shall grant employment authorization to 

21 such an alien on the date that is the earlier 

22 of— 

23 ‘‘(I) the date on which the alien’s ap24 plication for lawful permanent resident sta25 tus is approved; or 


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1 ‘‘(II) a date determined by the Sec2 retary that is not later than 180 days after 

3 the date that is the earlier of the date on 

4 which the alien filed the application or the 

5 alien’s petition as a VAWA self-petitioner 

6 is approved.’’. 

7 (3) SPECIAL IMMIGRANT JUVENILES.—Section 

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

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

10 the following: 

11 ‘‘(M) WORK AUTHORIZATION FOR CERTAIN

12 SPECIAL IMMIGRANTS.—Notwithstanding any 

13 provision of this Act granting eligibility for em14 ployment in the United States, the Secretary of 

15 Homeland Security shall grant employment au16 thorization to an alien who is otherwise eligible 

17 to be employed, and who has a petition for spe18 cial immigrant status under section 

19 101(a)(27)(J) that is pending or approved on 

20 the date that is the earlier of— 

21 ‘‘(i) the date on which the alien’s peti22 tion for such status is approved; or 

23 ‘‘(ii) a date that is not later than 180 

24 days after the date on which the alien filed 

25 the petition.’’. 


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1 SEC. 9. RELIEF FOR DOMESTIC VIOLENCE SURVIVOR VISA 

2 WAIVER ENTRANTS. 

3 (a) IN GENERAL.—Section 217(b)(2) of the Immi4 gration and Nationality Act (8 U.S.C. 1187(b)(2)) is 

5 amended by inserting ‘‘, an application or petition de6 scribed in section 101(a)(51), an application for relief 

7 under section 101(a)(15)(T), section 101(a)(15)(U), sec8 tion 240A(b)(2), section 101(a)(27)(J), section 245(h), or 

9 under any prior provision of law providing comparable re10 lief,’’ after ‘‘asylum,’’. 

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

12 subsection (a) shall take effect on the date of the enact13 ment of this Act and shall apply to waivers provided under 

14 section 217(b)(2) of the Immigration and Nationality Act 

15 before, on, or after such date as if it had been included 

16 in such waivers. 

17 (c) APPLICABILITY OF SECTION 212(e) TO SPOUSES

18 AND CHILDREN OF J–1 EXCHANGE VISITORS.—A spouse 

19 or child of an exchange visitor described in section 

20 101(a)(15)(J) of the Immigration and Nationality Act (8 

21 U.S.C. 1101(a)(15)(J)), applicants approved for non22 immigrant status under section 101(a)(15)(T) of such 

23 Act, section 101(a)(15)(U) of such Act, VAWA self-peti24 tioners, as defined in section 101(a)(51) of such Act, and 

25 special immigrant juveniles under section 101(a)(27)(J) of 


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1 such Act shall not be subject to the requirements of sec2 tion 212(e) of such Act (8 U.S.C. 1182(e)). 

3 SEC. 10. STRENGTHEN WAIVERS FOR HUMANITARIAN 

4 NEED, FAMILY UNITY, OR PUBLIC INTEREST. 

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

6 Section 212(a)(9)(B)(iii)(IV) of the Immigration and Na7 tionality Act (8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is amended 

8 by striking ‘‘would be described in paragraph (6)(A)(ii) 

9 if ‘violation of the terms of the alien’s nonimmigrant visa’ 

10 were substituted for ‘unlawful entry into the United 

11 States’ in subclause (III) of that paragraph.’’ and insert12 ing ‘‘is a VAWA self petitioner.’’. 

13 (b) WAIVERS FOR ABUSED ALIENS.— 

14 (1) IN GENERAL.—Section 212(a)(9)(C)(iii) of 

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

16 1182(a)(9)(C)(iii)) is amended— 

17 (A) by inserting ‘‘or the Attorney General’’ 

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

19 (B) by striking ‘‘in the case of’’ and all 

20 that follows through ‘‘United States.’’ and in21 serting ‘‘for humanitarian purposes, to assure 

22 family unity, when it is otherwise in the public 

23 interest, or in the case of an alien who is apply24 ing for or has a claim of relief as a VAWA self25 petitioner (as defined in section 101(a)(51)).’’. 


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1 (2) EFFECTIVE DATE.—The amendments made 

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

3 enactment of this Act and shall apply regardless of 

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

5 or after such date. 

6 (c) WAIVERS FOR FALSE CLAIMS TO UNITED STATES

7 CITIZENSHIP.—Section 212(a)(6)(C)(ii) of the Immigra8 tion and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is 

9 amended by adding at the end the following new sub10 clause: 

11 ‘‘(III) EXCEPTION.—An alien 

12 who is a VAWA self-petitioner shall 

13 not be considered to be inadmissible 

14 under any provision of this subsection 

15 based on such representation.’’. 

16 (d) DEFINITIONS.—Section 101(f) of the Immigra17 tion and Nationality Act (8 U.S.C. 1101(f)) is amended 

18 by striking ‘‘or violation that he or she was a citizen,’’ 

19 and inserting ‘‘violation that he or she was a citizen, or 

20 the alien is a VAWA self-petitioner’’. 

21 (e) WAIVER FOR CERTAIN VAWA SELF-PETI22 TIONERS.—Section 212(d)(11) of the Immigration and 

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

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

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


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1 (a)(6)(E) in the case of an alien who is a VAWA self peti2 tioner.’’. 

3 (f) EWI EXEMPTION FOR VAWA, U VISAS, T VISAS, 

4 SIJS.—Section 212(a)(6)(A)(ii) of the Immigration and 

5 Nationality Act (8 U.S.C. 1182(a)(6)(A)(ii)) is amended 

6 to read as follows: 

7 ‘‘(ii) EXCEPTION FOR CERTAIN BAT8 TERED WOMEN AND CHILDREN AND VIC9 TIMS.—Clause (i) shall not apply to an 

10 alien who demonstrates that the alien— 

11 ‘‘(I) is a VAWA self-petitioner 

12 (as defined in section 101(a)(51) of 

13 the Immigration and Nationality Act 

14 (8 U.S.C. 1101(a)(51))); or 

15 ‘‘(II) qualifies for relief under 

16 subparagraph (T) or (U) of section 

17 101(a)(15)(T), section 240A(b)(2), 

18 section 244(a)(3) (as in effect on 

19 March 31, 1997), or section 

20 101(a)(27)(J).’’. 

21 SEC. 11. PROHIBITION ON REMOVAL OF SURVIVORS OF VI22 OLENCE. 

23 Section 240 of the Immigration and Nationality Act 

24 (8 U.S.C. 1229a) is amended by adding at the end the 

25 following: 


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1 ‘‘(f) PROHIBITION ON REMOVAL OF SURVIVORS OF

2 ABUSE OR VIOLENCE.— 

3 ‘‘(1) IN GENERAL.—An individual described in 

4 paragraph (2) shall not be removed from the United 

5 States under this section or any other provision of 

6 law until the date on which there is a final denial 

7 of the individual’s application for status, after the 

8 exhaustion of administrative or judicial review. 

9 ‘‘(2) INDIVIDUAL DESCRIBED.—An individual 

10 described in this paragraph is an individual who— 

11 ‘‘(A) has a pending petition for special im12 migrant juvenile status under subparagraph (J) 

13 of section 101(a)(27); 

14 ‘‘(B) has an approved petition for special 

15 immigrant juvenile status under subparagraph 

16 (J) of section 101(a)(27) and has not yet ad17 justed status to that of a lawful permanent resi18 dent; 

19 ‘‘(C) is a VAWA self-petitioner (as defined 

20 in section 101(a)(51) of the Immigration and 

21 Nationality Act (8 U.S.C. 1101(a)(51))); or 

22 ‘‘(D) qualifies for relief under subpara23 graph (T) or (U) of section 101(a)(15)(T), sec24 tion 240A(b)(2), or section 244(a)(3) (as in ef25 fect on March 31, 1997).’’. 


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1 SEC. 12. EXCEPTION TO REINSTATEMENT. 

2 Section 241 of the Immigration and Nationality Act 

3 (8 U.S.C. 1231) is amended by adding at the end the fol4 lowing: 

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

6 clause (i) or (ii) of section 101(a)(15)(T), clause (i) or 

7 (ii) of section 101(a)(15)(U), section 101(a)(51), section 

8 240A(b)(2), or section 244(a)(3) (as in effect on March 

9 31, 1997), or a pending or approved petition under 

10 (101)(a)(27)(J), shall not be ordered removed under this 

11 section.’’. 

12 SEC. 13. PROTECTIONS FOR STEPCHILDREN. 

13 (a) UNITED STATES CITIZEN PARENT.—Section 

14 204(a)(1)(A)(iv) of the Immigration and Nationality Act 

15 (8 U.S.C. 1154(a)(1)(A)(iv)) is amended by adding at the 

16 end the following: ‘‘For purposes of this clause— 

17 ‘‘(I) residence includes any period of visitation; 

18 and 

19 ‘‘(II)(aa) the term ‘citizen parent’ includes ‘cit20 izen step-parent’; and 

21 ‘‘(bb) none of the following shall affect the abil22 ity of a step-child who was battered or subjected to 

23 extreme cruelty to file a self-petition or have the 

24 self-petition favorably adjudicated and shall not lead 

25 to revocation of an approved VAWA self-petition— 


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1 ‘‘(AA) death of the step-child self-peti2 tioner’s natural parent; 

3 ‘‘(BB) death of the step-child self-peti4 tioner’s step-parent; or 

5 ‘‘(CC) divorce between the step-child 

6 VAWA self-petitioner’s parent and step-par7 ent.’’; 

8 (b) LAWFUL PERMANENT RESIDENT PARENT.—Sec9 tion 204(a)(1)(B)(iii) of the Immigration and Nationality 

10 Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended by adding 

11 at the end the following: ‘‘For purposes of this clause: 

12 ‘‘(I) residence includes any period of visitation; 

13 and 

14 ‘‘(II)(aa) the term ‘permanent resident parent’ 

15 includes ‘permanent resident step-parent’; and 

16 ‘‘(bb) none of the following shall affect the abil17 ity of a step-child who was battered or subjected to 

18 extreme cruelty to file a self-petition or have the 

19 self-petition favorably adjudicated and shall not lead 

20 to revocation of an approved VAWA self-petition— 

21 ‘‘(AA) death of the step-child self-peti22 tioner’s natural parent; 

23 ‘‘(BB) death of the step-child self-peti24 tioner’s step-parent; or 


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1 ‘‘(CC) divorce between the step-child 

2 VAWA self-petitioner’s parent and step-par3 ent.’’. 

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

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

6 of this Act and shall apply to VAWA self-petitions filed 

7 before, on, or after the date of the enactment of this Act. 

8 SEC. 14. WAIVER OF MONETARY PENALTY. 

9 Section 274D of the Immigration and Nationality Act 

10 (8 U.S.C. 1324d) is amended by adding at the end the 

11 following: 

12 ‘‘(a) EXCEPTION.—Subsection (a) shall not apply to 

13 an alien who is a VAWA self-petitioner, as defined in sec14 tion 101(a)(51), or who has filed an application for non15 immigrant status under subparagraph (T) or (U) of sec16 tion 101(a)(15) or a petition for Special Immigrant Juve17 nile status under section 101(a)(27)(J).’’. 

18 SEC. 15. TECHNICAL CORRECTION. 

19 Section 240(c)(7)(C)(iv) of the Immigration and Na20 tionality Act is amended— 

21 (1) by amending the heading to read as follows: 

22 ‘‘(iv) SPECIAL RULE FOR BATTERED

23 SPOUSES, CHILDREN, AND PARENTS.—’’; 

24 (2) in subclause (I), by striking ‘‘or section 

25 240A(b)(2)’’ and inserting ‘‘, section 240A(b), or 


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1 section 244(a)(3) (as in effect on March 31, 1997)’’; 

2 and 

3 (3) in the matter following subclause (IV), by 

4 striking ‘‘(as defined in section 431(c)(1)(B) of the 

5 Personal Responsibility and Work Opportunity Rec6 onciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B))’’ 

7 and inserting ‘‘(as defined in section 431(c)(1)(B) of 

8 the Personal Responsibility and Work Opportunity 

9 Reconciliation Act of 1996 (8 U.S.C. 

10 1641(c)(1)(B)))’’. 

11 SEC. 16. PERMIT IMMIGRATION JUDGES TO GRANT INAD12 MISSIBILITY WAIVERS. 

13 Section 212(d)(14) of the Immigration and Nation14 ality Act (8 U.S.C. 1182(d)(14)) is amended to read as 

15 follows: 

16 ‘‘(14) The Secretary of Homeland Security 

17 shall determine whether a ground of inadmissibility 

18 exists with respect to a nonimmigrant described in 

19 section 101(a)(15)(U). The Secretary of Homeland 

20 Security or an immigration judge may waive the ap21 plication of subsection (a) (other than paragraph 

22 (3)(E)) in the case of a nonimmigrant described in 

23 section 101(a)(15)(U)), if the Secretary of Home24 land Security or immigration judge considers it to be 

25 in the public or national interest to do so.’’. 


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1 SEC. 17. ELIMINATION OF VISA CAPS FOR ABUSED, ABAN2 DONED, OR NEGLECTED CHILDREN. 

3 (a) WORLDWIDE LEVEL.—Section 201 of the Immi4 gration and Nationality Act (8 U.S.C. 1151) is amended 

5 in subparagraph (b)(1)(A) by striking ‘‘subparagraph (A) 

6 or (B)’’ and inserting ‘‘subparagraphs (A), (B), or (J)’’. 

7 (b) PER-COUNTRY LIMITATION.—Section 202(a)(2) 

8 of the Immigration and Nationality Act (8 U.S.C. 1152) 

9 is amended by inserting after ‘‘Subject to paragraphs (3), 

10 (4), and (5),’’ the following: ‘‘and except for special immi11 grants described in section 101(a)(27)(J),’’. 

12 (c) ALLOCATION.—Section 203 of the Immigration 

13 and Nationality Act (8 U.S.C. 1153) is amended in sub14 paragraph (b)(4) by striking ‘‘subparagraph (A) or (B)’’ 

15 and inserting ‘‘subparagraphs (A), (B), or (J)’’. 

16 SEC. 18. ELIMINATION OF GENERAL CONSENT STANDARD 

17 FOR ABUSED, ABANDONED, OR NEGLECTED 

18 CHILDREN. 

19 Section 101(a)(27)(J) of the Immigration and Na20 tionality Act (8 U.S.C. 1101(a)(27)(J)) is amended— 

21 (1) in clause (i), by inserting at the end ‘‘and’’; 

22 (2) in clause (ii), by striking ‘‘; and’’ and in23 serting the following: ‘‘, except that— 

24 ‘‘(I) no juvenile court has juris25 diction to determine the custody sta26 tus or placement of an alien in the 


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1 custody of the Secretary of Health 

2 and Human Services unless the Sec3 retary of Health and Human Services 

4 specifically consents to such jurisdic5 tion; and 

6 ‘‘(II) no natural parent or prior 

7 adoptive parent of any alien provided 

8 special immigrant status under this 

9 subparagraph shall thereafter, by vir10 tue of such parentage, be accorded 

11 any right, privilege, or status under 

12 this Act; and’’; and 

13 (3) by striking clause (iii). 

14 SEC. 19. DEADLINE FOR MOTIONS TO REOPEN ORDERS OF 

15 REMOVAL. 

16 Section 240(c)(7)(C) of the Immigration and Nation17 ality Act (8 U.S.C. 1229a(c)(7)(C)) is amended by adding 

18 at the end the following: 

19 ‘‘(v) SPECIAL IMMIGRANT JUVENILE

20 STATUS PETITIONERS OR BENE21 FICIARIES.—There is no time limit on the 

22 filing of a motion to reopen by an indi23 vidual who has a pending or approved peti24 tion for special immigrant juvenile status 

25 under section 101(a)(27)(J) if the basis of 


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1 the motion is to apply for adjustment of 

2 status. An individual who has a pending or 

3 approved petition for special immigrant ju4 venile status under such section may file 

5 one motion under this clause notwith6 standing any numerical limitation that 

7 might otherwise apply. The filing of a mo8 tion to reopen under this clause shall stay 

9 the removal of an individual with a pend10 ing or approved petition for special immi11 grant juvenile status pending the final dis12 position of the motion, including exhaus13 tion of all appeals. An immigration judge 

14 or the Board of Immigration Appeals may 

15 hold such a motion in abeyance, or grant 

16 such a motion, as appropriate, so that the 

17 individual may wait for an available visa.’’. 

18 SEC. 20. NATURALIZATION. 

19 (a) IN GENERAL.—Section 319(a) of the Immigra20 tion and Nationality Act (8 U.S.C. 1430(a)) is amended 

21 to read as follows: 

22 ‘‘(a)(1) A person described in this paragraph is— 

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

24 or 


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1 ‘‘(B) any lawful permanent resident and who 

2 was battered or subjected to extreme cruelty by a 

3 United States citizen who is or was a spouse, parent, 

4 son or daughter. 

5 ‘‘(2) A person described in paragraph (1) may be nat6 uralized— 

7 ‘‘(A) upon compliance with all the requirements 

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

9 of section 316(a); 

10 ‘‘(B) if such person, immediately preceding the 

11 date of filing that person’s application for natu12 ralization has resided continuously, after being law13 fully admitted for permanent residence, within the 

14 United States for at least three years; 

15 ‘‘(C)(i) during the three years immediately pre16 ceding the date of filing such application has been 

17 living in marital union with their citizen spouse who 

18 has been a United States citizen during all of such 

19 period; or 

20 ‘‘(ii) in the case of a person who has been bat21 tered or subjected to extreme cruelty by a United 

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

23 requirement of subparagraph (C)(i) shall not apply 

24 regardless of whether the person’s lawful permanent 


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1 resident status was obtained on the basis of such 

2 battery or cruelty; 

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

4 States for periods totaling at least half of the time 

5 referred to in subparagraph (C); 

6 ‘‘(E) has resided within the State or district of 

7 the Service in the United States in which the appli8 cant filed such application for at least 3 months; 

9 and 

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

11 section 384 of the Illegal Immigration Reform and 

12 Immigration Responsibility Act of 1996 shall apply 

13 in acting on an application under this subsection in 

14 the same manner as they apply in acting on peti15 tions referred to in section 101(a)(51).’’. 

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

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

18 of this Act and shall apply to applications for naturaliza19 tion filed before, on, or after the date of the enactment 

20 of this Act. 

Æ 


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