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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5145 Introduced in House (IH)]

<DOC>

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. Barragan, Mr. Blumenauer, Mr. Carbajal, Mr. Casar, Mr. 
   Casten, Mr. Castro of Texas, Ms. Chu, Mr. Garcia 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Working for Immigrant Safety and 
Empowerment Act of 2023'' or as the ``WISE Act of 2023''.

SEC. 2. PURPOSE; SENSE OF CONGRESS.

    (a) Purpose.--The purpose of this Act is to remove barriers to 
immigration status for non-citizen survivors of domestic violence, 
sexual assault, human trafficking, and other crimes who may be eligible 
for protections under the Violence Against Women Act of 1994 (VAWA) and 
the Trafficking Victims Protection Act of 2000 (TVPA) and other 
vulnerable immigrants.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Homeland Security should reduce barriers to, and provide 
victims timely access to the immigration protections such as those 
created in VAWA and the TVPA, as well as refrain from deporting crime 
victims before their applications for humanitarian relief are fully 
adjudicated, as it undermines critical bi-partisan protections created 
in VAWA and the TVPA.

SEC. 3. U VISA REFORM.

    (a) Physical or Mental Abuse.--Section 101(a)(15)(U)(i)(I) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(i)(I)) is 
amended by striking the semicolon after ``criminal activity described 
in clause (iii)'' and inserting the following: ``or civil violations 
described in clause (iv); and''.
    (b) Removal of Certain Bases.--Section 101(a)(15)(U)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(i)) is amended 
by striking subclauses (II) and (III).
    (c) Inclusion of Civil Violations.--Section 101(a)(15)(U)(i)(IV) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(i)(IV)) is 
amended--
            (1) by striking ``(IV)'' and inserting ``(II)''; and
            (2) by inserting after ``criminal activity described in 
        clause (iii)'' the following: ``or civil violations described 
        in clause (iv)''.
    (d) Civil Violations Described.--Section 101(a)(15)(U)) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended--
            (1) in clause (ii)(II), by striking ``and'' at the end;
            (2) in clause (iii), by striking ``or'' at the end and 
        inserting ``and''; and
            (3) by adding at the end the following:
                            ``(iv) the term `civil violations' refers 
                        to violations related to the activities 
                        described in clause (iii) that may give rise to 
                        a civil or administrative investigation, 
                        proceeding or adjudication; or''.
    (e) Adding Qualifying Crimes and Civil Violations.--Section 
101(a)(15)(U) of the Immigration and Nationality Act, as amended by 
this Act (8 U.S.C. 1101(a)(15)(U)), is further amended--
            (1) by moving clause (iii) 2 ems to the left; and
            (2) in clause (iii), by inserting after ``fraud in foreign 
        labor contracting (as defined in section 1351 of title 18, 
        United States Code)'' the following: ``; hate crime acts; child 
        abuse; elder abuse;''.
    (f) Certifications.--Section 214(p)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1184(p)(1)) is amended to read as follows:
            ``(1) Petition filing.--A petition filed by the alien under 
        101(a)(15)(U)(i) shall be filed with the Secretary of Homeland 
        Security.''.
    (g) Eliminating Annual U Visa Numerical Limitation.--Section 214(p) 
of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended by 
striking paragraph (2).
    (h) Employment Authorization.--Section 214(p) of the Immigration 
and Nationality Act (8 U.S.C. 1184(p)) is amended--
            (1) in paragraph (3)(B), by striking ``during the period 
        those aliens are in lawful temporary resident status under that 
        subsection, provide the aliens with employment authorization'' 
        and inserting ``provide the aliens with employment 
        authorization pursuant to paragraph (8)'';
            (2) in paragraph (6)--
                    (A) in the first sentence by striking ``than 4 
                years'' and all that follows through the period;
                    (B) in the second sentence, strike ``exceptional'' 
                and insert ``compelling''; and
                    (C) by striking the last sentence; and
            (3) by adding at the end the following:
            ``(8) Work authorization.--The Secretary of Homeland 
        Security shall grant employment authorization to an alien who 
        has filed an application for nonimmigrant status under section 
        101(a)(15)(U) on the date that is the earlier of--
                    ``(A) the date on which the alien's application for 
                such status is approved; or
                    ``(B) a date determined by the Secretary that is 
                not later than 180 days after the date on which the 
                alien filed the application.
        Eligibility for work authorization in the United States under 
        another provision of this Act does not preclude the issuance of 
        work authorization under this paragraph. Such employment 
        authorization shall continue in effect while the alien has 
        temporary resident status under section 101(a)(15)(U).''.
    (i) Parole for U Visa Waitlist.--The Secretary shall, when 
appropriate, grant parole to petitioners for a visa under section 
101(a)(15)(U) and qualifying family members abroad who seek parole 
while the petitions are pending.
    (j) Eliminate Civil Penalties for Failure To Depart.--Section 
240B(d)(2) of the Immigration and Nationality Act (8 USC 1229c(d)(2)) 
is amended to read as follows:
            ``(2) Application of vawa and tvpa protections.--The 
        restrictions on relief under paragraph (1) shall not apply to 
        relief under section 240A or section 245 on the basis of--
                    ``(A) a petition filed under section 101(a)(15)(U);
                    ``(B) a petition filed under section 101(a)(27)(J);
                    ``(C) adjustment of status application filed under 
                section 245(h);
                    ``(D) a petition filed under section 101(a)(15)(T);
                    ``(E) a petition or application referred to under 
                section 101(a)(51) filed by a VAWA self-petitioner; or
                    ``(F) a petition filed under section 240A(b)(2), or 
                under section 244(a)(3) (as in effect prior to March 
                31, 1997).''.
    (k) Aging Out Determinations.--
            (1) Section 214(p)(7)(A) of the Immigration and Nationality 
        Act (8 U.S.C. 1184(p)(7)(A)) is amended--
                    (A) by striking ``unmarried''; and
                    (B) by striking ``but while it was pending''.
            (2) Section 214(p)(7)(B) of the Immigration and Nationality 
        Act (8 U.S.C. 1184(p)(7)(B)) is amended by striking ``but while 
        it is pending''.
            (3) Section 245(m)(3) of the Immigration and Nationality 
        Act (8 U.S.C. 1255(m)(3)) is amended--
                    (A) by inserting ``(A) In general.--'' before 
                ``Upon approval''; and
                    (B) by adding at the end the following:
            ``(B) Children.--An alien who seeks to adjust status or 
        obtain an immigrant visa based upon a parent's application for 
        adjustment of status, and who was under 21 years of age on the 
        date on which such parent applied for adjustment of status, 
        shall continue to be classified as a child for purposes of this 
        paragraph, if the alien attains 21 years of age after such 
        parent's petition was filed.
            ``(C) Principal aliens.--A parent described subparagraph 
        (A) shall continue to be treated as a parent for purposes of 
        this paragraph if the alien child attains 21 years of age after 
        his or her application for status under paragraph (1) of such 
        section is filed.''.
    (l) Effective Date.--The amendments made by this section shall take 
effect as if enacted as part of the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386; 114 Stat. 1464) for all 
those who were not otherwise admitted into the United States in under 
section 101(a)(15)(U) (8 U.S.C. 1101(a)(15)(U)).

SEC. 4. IMMIGRATION STATUS FOR CERTAIN BATTERED SPOUSES AND CHILDREN.

    (a) Nonimmigrant Status for Certain Battered Spouses and 
Children.--Section 101(a)(51) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(51)) is amended--
            (1) in subparagraph (F), by striking ``or'' at the end;
            (2) in subparagraph (G), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(H) section 106 as an abused derivative alien.''.
    (b) Relief for Abused Derivative Aliens.--
            (1) Amendment.--Section 106 of the Immigration and 
        Nationality Act (8 U.S.C. 1105a) is amended to read as follows:

``SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS.

    ``(a) Abused Derivative Alien Defined.--In this section, the term 
`abused derivative alien' means an alien who--
            ``(1) is a spouse or child admitted under section 
        101(a)(15);
            ``(2) is accompanying or following to join a principal 
        alien admitted under such section; and
            ``(3) has been subject to battery or extreme cruelty by 
        such principal alien.
    ``(b) Relief for Abused Derivative Aliens.--The Secretary of 
Homeland Security--
            ``(1) shall consider an abused derivative alien and any 
        child of that alien be admissible and eligible to extend the 
        period of admission for the period for the period that is the 
        longer of--
                    ``(A) the same period for which the principal alien 
                was initially admitted; or
                    ``(B) 3 years;
            ``(2) may extend any period of admission under paragraph 
        (1) as the Secretary determines appropriate;
            ``(3) shall grant employment authorization to an abused 
        derivative alien and any eligible child of that alien; and
            ``(4) may adjust the status of an alien admitted or whose 
        admission is extended under this section to that of an alien 
        lawfully admitted for permanent residence if--
                    ``(A)(i) the abused derivative alien is not 
                inadmissible under section 212(a); or
                    ``(ii) the Secretary of Homeland Security 
                determines that the continued presence in the United 
                States of the abused derivative alien is justified--
                            ``(I) on humanitarian grounds;
                            ``(II) to ensure family unity; or
                            ``(III) is otherwise in the public 
                        interest; and
                    ``(B) the status under which the principal alien 
                was admitted to the United States would have 
                potentially allowed for eventual adjustment of status.
    ``(c) Provisions for Children.--
            ``(1) In general.--An alien whose parent adjusted status to 
        that of a lawful permanent resident under this section, and who 
        was under 21 years of age on the date on which such parent 
        petitioned for such adjustment, shall continue to be classified 
        as a child if the alien attains 21 years of age after such 
        parent's petition was filed.
            ``(2) Constructive filing.--For purposes of this section, 
        an individual who qualified to file a petition under this 
        section as of the day before the date on which the individual 
        attained 21 years of age, and who did not file such a petition 
        before such day, shall be deemed as having filed a petition 
        under this section as of such day if a petition is filed before 
        the individual attains 25 years of age and the individual shows 
        that the battery or extreme cruelty described in subsection 
        (a)(3) was a primary cause for the delay in filing.
    ``(d) Relationship Considerations.--
            ``(1) In general.--The death of the principal alien shall 
        not affect the status of an abused derivative alien under this 
        section.
            ``(2) Effect of loss of status or termination of 
        relationship.--The principal alien's loss of status or the 
        legal termination of the abused derivative alien's familial or 
        marital relationship with principal alien shall not affect the 
        status of an abused derivative alien under this section if 
        battery or extreme cruelty by the principal alien was one 
        central reason for such termination or loss of status.
            ``(3) Good faith belief in marriage.--In the case of an 
        alien who--
                    ``(A) believed that he or she had married the 
                principal alien;
                    ``(B) participated in a marriage ceremony with the 
                principal alien that was actually performed; and
                    ``(C) who otherwise meets any applicable 
                requirements under this Act to establish the existence 
                of and bona fides of a marriage,
        that alien may not be considered not to be the spouse of such 
        principal alien for purposes of this section solely because the 
        marriage to the principal alien was invalid on the basis of 
        bigamy.
    ``(e) Procedures.--A request for relief under this section shall be 
handled under the procedures that apply to an alien seeking relief 
under--
            ``(1) any of clauses (iii) through (viii) of section 
        204(a)(1)(A);
            ``(2) any of clauses (ii) through (v) of section 
        204(a)(1)(B); or
            ``(3) subparagraph (C) or (D) of section 204(a)(1).
    ``(f) Derivatives of Abused Derivative Aliens.--
            ``(1) Derivative status.--Upon approval of adjustment of 
        status of an abused derivative alien, the Secretary of Homeland 
        Security may, to the extent necessary to avoid extreme hardship 
        to the abused derivative alien or a covered derivative of the 
        abused derivative alien, adjust the status of a covered 
        derivative of the abused derivative alien to that of an alien 
        lawfully admitted for permanent residence or issue an immigrant 
        visa to such covered derivative.
            ``(2) Recording.--Upon the approval of adjustment of status 
        under paragraph (1), the Secretary of Homeland Security shall 
        record the alien's lawful admission for permanent residence as 
        of the date of such approval.
            ``(3) Definition.--For purposes of this subsection, the 
        term `covered derivative' means, with respect to an abused 
        derivative alien, a spouse, a child, or, in the case that the 
        primary alien is an alien child, a parent who did not receive 
        status pursuant to this section.
    ``(g) No Effect on Other Eligibilities.--Admission and eligibility 
for adjustment of status under subsection (b) shall not preclude 
adjustment of status based on other grounds for which the alien is 
eligible.''.
            (2) Clerical amendment.--The table of contents preceding 
        section 101 of the Immigration and Nationality Act (8 U.S.C. 
        1101) is amended by striking the item relating to section 106 
        and inserting the following:

``Sec. 106. Relief for abused derivative aliens.''.
    (c) Survival Rights to Self-Petition.--Section 204(h) of the 
Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended in the 
second sentence by amending to read as follows: ``Remarriage or 
marriage of a VAWA self-petitioner who has filed an application or 
petition for relief under any provision referred to section 101(a)(51) 
shall have no effect on approval of such petition or application and 
shall not be the basis for revocation of an petition under section 
205.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to VAWA 
self-petitioners filing applications before, on, or after the date of 
the enactment of this Act.

SEC. 5. PROHIBITION ON DETENTION OF CERTAIN VICTIMS WITH PENDING OR 
              APPROVED PETITIONS AND APPLICATIONS.

    Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) 
is amended by adding at the end the following:
    ``(f) Prohibition on Detention of Certain Victims With Pending or 
Approved Petitions and Applications.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, there shall be a presumption that the alien described 
        in paragraph (2) shall be released from detention without 
        conditions. The Secretary of Homeland Security may rebut the 
        presumption if the Secretary determines, based on clear and 
        convincing evidence that is retained in the record, including 
        credible and individualized information, that the use of 
        alternatives to detention will not reasonably ensure the 
        appearance of the alien at removal proceedings, or that the 
        alien is a danger to another person or the community. The fact 
        that an alien has a criminal charge pending against the alien 
        or dismissed may not be the sole factor to justify the 
        continued detention of the alien.
            ``(2) Alien described.--An alien described in this 
        paragraph is an alien who--
                    ``(A) has a pending application under section 
                101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 
                244(a)(3) (as in effect on March 31, 1997);
                    ``(B) is a VAWA self-petitioner with a pending 
                application for relief under a provision referred to in 
                one of subparagraphs (A) through (G) of section 
                101(a)(51); or
                    ``(C) has a pending or approved petition under 
                section 101(a)(27)(J) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(27)(J)).''.

SEC. 6. ACCESS TO CERTAIN INFORMATION.

    Section 384 of the Illegal Immigration Reform and Immigration 
Responsibility Act of 1996 (8 U.S.C 1367) is amended as follows:
            (1) in subsection (a)(1)--
                    (A) by striking ``solely'' after ``furnished''; and
                    (B) by striking ``or'' at the end;
            (2) in subsection (a)(2)--
                    (A) by inserting ``, files, or records,'' after 
                ``information'';
                    (B) by striking ``relates'' and inserting 
                ``relate''; or
                    (C) by striking the period at the end and inserting 
                ``; or'';
            (3) in subsection (a), by adding at the end the following:
            ``(3) except as provided in this subsection--
                    ``(A) use the information furnished by the 
                applicant pursuant to an application or petition filed 
                under paragraph (15)(T), (15)(U), (27)(J), or (51) of 
                section 101(a) of the Immigration and Nationality Act, 
                or section 240A(b)(2) of such Act, for any purpose 
                other than to make a determination on the application, 
                or for enforcement of subsection (c) of this section;
                    ``(B) make any publication whereby the information 
                furnished by any particular individual would permit the 
                individual to be identified or located; or
                    ``(C) permit anyone other than the sworn officers 
                and employees of the Department or bureau or agency to 
                examine individual applications.'';
            (4) in subsection (b)(2), by striking ``legitimate law 
        enforcement purpose,'' and inserting ``a criminal investigation 
        or prosecution,'';
            (5) in subsection (b)(4), to read as follows:
            ``(4) Paragraphs (2) and (3) of subsection (a) shall not 
        apply if all the individuals in the case are adults and they 
        have all waived, in writing, the restrictions of such 
        subsection.'';
            (6) in subsection (c) by striking ``5,000'' and inserting 
        ``10,000'';
            (7) in subsection (d) by adding at the end the following: 
        ``The Attorney General, Secretary of State, and the Secretary 
        of Homeland Security shall provide Congress with an annual 
        report regarding training provided to officers and employees, 
        number of investigations opened for violations of paragraphs 
        (1) through (3) of subsection (a), and the results of those 
        investigations.''; and
            (8) by adding at the end the following:
    ``(e) Remedial Measures.--The Attorney General, Secretary of State, 
and the Secretary of Homeland Security shall make rules not later than 
120 days after the date of enactment of this subsection to establish a 
process, for the benefit of individuals harmed by violations of this 
section, to determine whether there has been a violation of this 
section, and to remedy any such violation. Such process shall include 
an appeal process for any determination that a violation did not occur.
    ``(f) Cause of Action.--An individual who is injured by a violation 
of this section may bring a civil action for appropriate relief, 
including an order to strike any information obtained or provided in 
violation of this section from the appropriate records.
    ``(g) Annual Report.--Each year the Attorney General, Secretary of 
State, and the Secretary of Homeland Security shall each report on the 
number of employees sanctioned for violations of this section.''.

SEC. 7. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT PROTECTED 
              AREAS.

    Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) 
is amended by adding at the end the following:
    ``(i)(1) In this subsection:
            ``(A) The term `appropriate committees of Congress' means--
                    ``(i) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    ``(ii) the Committee on the Judiciary of the 
                Senate;
                    ``(iii) the Committee on Homeland Security of the 
                House of Representatives; and
                    ``(iv) the Committee on the Judiciary of the House 
                of Representatives.
            ``(B) The term `enforcement action'--
                    ``(i) means an apprehension, arrest, interview, 
                request for identification, search, or surveillance for 
                the purposes of immigration enforcement; and
                    ``(ii) includes an enforcement action at, or 
                focused on, a protected area that is part of a joint 
                case led by another law enforcement agency.
            ``(C) The term `exigent circumstances' means a situation 
        involving--
                    ``(i) a threat to the national security of the 
                United States;
                    ``(ii) the imminent risk of death, violence, or 
                physical harm to any person;
                    ``(iii) the immediate arrest or pursuit of an 
                individual who poses a public safety threat; or
                    ``(iv) the imminent risk of destruction of evidence 
                that is material to an ongoing criminal case.
            ``(D) The term `prior approval' means--
                    ``(i) in the case of officers and agents of U.S. 
                Immigration and Customs Enforcement, prior written 
                approval to carry out an enforcement action involving a 
                specific individual or individuals authorized by--
                            ``(I) the Assistant Director of Operations, 
                        Homeland Security Investigations;
                            ``(II) the Executive Associate Director of 
                        Homeland Security Investigations;
                            ``(III) the Assistant Director for Field 
                        Operations, Enforcement and Removal Operations; 
                        or
                            ``(IV) the Executive Associate Director for 
                        Field Operations, Enforcement and Removal 
                        Operations;
                    ``(ii) in the case of officers and agents of U.S. 
                Customs and Border Protection, prior written approval 
                to carry out an enforcement action involving a specific 
                individual or individuals authorized by--
                            ``(I) a Chief Patrol Agent;
                            ``(II) the Director of Field Operations;
                            ``(III) the Director of Air and Marine 
                        Operations; or
                            ``(IV) the Internal Affairs Special Agent 
                        in Charge; and
                    ``(iii) in the case of other Federal, State, or 
                local law enforcement officers, to carry out an 
                enforcement action involving a specific individual or 
                individuals authorized by--
                            ``(I) the head of the Federal agency 
                        carrying out the enforcement action; or
                            ``(II) the head of the State or local law 
                        enforcement agency carrying out the enforcement 
                        action.
            ``(E) The term `protected area' includes all of the 
        physical space located within 1,000 feet of--
                    ``(i) any medical or mental health treatment or 
                health care facility, including any hospital, doctor's 
                office, accredited health clinic, alcohol or drug 
                treatment center, site that serves pregnant 
                individuals, vaccination or testing site, emergent or 
                urgent care facility, or community health center;
                    ``(ii) any public or private school, including any 
                known and licensed day care facility, preschool, other 
                early learning program facility, primary school, 
                secondary school, postsecondary school (including 
                colleges and universities), or other institution of 
                learning (including vocational or trade schools);
                    ``(iii) any scholastic or education-related 
                activity or event, including field trips and 
                interscholastic events;
                    ``(iv) any school bus or school bus stop during 
                periods when school children are present on the bus or 
                at the stop;
                    ``(v) any place where children gather, such as a 
                playground, recreation center, childcare center, 
                before- or after-school care center, foster care 
                facility, or group home for children;
                    ``(vi) any organization that--
                            ``(I) assists children, pregnant 
                        individuals, victims of crime or abuse, or 
                        individuals with significant mental or physical 
                        disabilities; or
                            ``(II) provides disaster or emergency 
                        social services and assistance;
                    ``(vii) any church, synagogue, mosque, or other 
                place of worship, including buildings rented for the 
                purpose of religious services, retreats, counseling, 
                workshops, instruction, and education;
                    ``(viii) any Federal, State, or local courthouse, 
                including the office of an individual's legal counsel 
                or representative, and a probation, parole, or 
                supervised release office;
                    ``(ix) the site of a funeral, wedding, or other 
                religious ceremony or observance;
                    ``(x) any public demonstration, such as a march, 
                rally, or parade;
                    ``(xi) any domestic violence shelter, rape crisis 
                center, supervised visitation center, family justice 
                center, or victim services provider;
                    ``(xii) any youth or teen homeless shelter; or
                    ``(xiii) any other location specified by the 
                Secretary of Homeland Security for purposes of this 
                subsection.
    ``(2)(A) An enforcement action may not take place at, or be focused 
on, a protected area unless--
            ``(i) the action involves exigent circumstances; and
            ``(ii) prior approval for the enforcement action was 
        obtained from the appropriate official.
    ``(B) If an enforcement action is initiated pursuant to 
subparagraph (A) and the exigent circumstances permitting the 
enforcement action cease, the enforcement action shall be discontinued 
until such exigent circumstances reemerge.
    ``(C) If an enforcement action is carried out in violation of this 
subsection--
            ``(i) no information resulting from the enforcement action 
        may be entered into the record or received into evidence in a 
        removal proceeding resulting from the enforcement action; and
            ``(ii) the alien who is the subject of such removal 
        proceeding may file a motion for the immediate termination of 
        the removal proceeding.
    ``(3)(A) This subsection shall apply to any enforcement action by--
            ``(i) officers or agents of U.S. Immigration and Customs 
        Enforcement;
            ``(ii) officers or agents of U.S. Customs and Border 
        Protection; and
            ``(iii) any individual designated to perform immigration 
        enforcement functions pursuant to subsection (g).
    ``(B) While carrying out an enforcement action at a protected area, 
officers and agents referred to in subparagraph (A) shall make every 
effort--
            ``(i) to limit the time spent at the protected area;
            ``(ii) to limit the enforcement action at the protected 
        area to the person or persons for whom prior approval was 
        obtained; and
            ``(iii) to conduct themselves discreetly.
    ``(C) If, while carrying out an enforcement action that is not 
initiated at or focused on a protected area, officers or agents are led 
to a protected area, and no exigent circumstance and prior approval 
with respect to the protected area exists, such officers or agents 
shall--
            ``(i) cease before taking any further enforcement action;
            ``(ii) conduct themselves in a discreet manner;
            ``(iii) maintain surveillance; and
            ``(iv) immediately consult their supervisor in order to 
        determine whether such enforcement action should be 
        discontinued.
    ``(D) The limitations under this paragraph shall not apply to the 
transportation of an individual apprehended at or near a land or sea 
border to a hospital or health care provider for the purpose of 
providing medical care to such individual.
    ``(4)(A) Each official specified in subparagraph (B) shall ensure 
that the employees under the supervision of that official receive 
annual training on compliance with--
            ``(i) the requirements under this subsection in enforcement 
        actions at or focused on protected areas and enforcement 
        actions that lead officers or agents to a protected area; and
            ``(ii) the requirements under section 239 of this Act and 
        section 384 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1367).
    ``(B) The officials specified in this subparagraph are--
            ``(i) the Chief Counsel of U.S. Immigration and Customs 
        Enforcement;
            ``(ii) the Field Office Directors of U.S. Immigration and 
        Customs Enforcement;
            ``(iii) each Special Agent in Charge of U.S. Immigration 
        and Customs Enforcement;
            ``(iv) each Chief Patrol Agent of U.S. Customs and Border 
        Protection;
            ``(v) the Director of Field Operations of U.S. Customs and 
        Border Protection;
            ``(vi) the Director of Air and Marine Operations of U.S. 
        Customs and Border Protection;
            ``(vii) the Internal Affairs Special Agent in Charge of 
        U.S. Customs and Border Protection; and
            ``(viii) the chief law enforcement officer of each State or 
        local law enforcement agency that enters into a written 
        agreement with the Department of Homeland Security pursuant to 
        subsection (g).
    ``(5) The Secretary of Homeland Security shall modify the Notice to 
Appear form (I-862)--
            ``(A) to provide the subjects of an enforcement action with 
        information, written in plain language, summarizing the 
        restrictions against enforcement actions at protected areas set 
        forth in this subsection and the remedies available to the 
        alien if such action violates such restrictions;
            ``(B) so that the information described in subparagraph (A) 
        is accessible to individuals with limited English proficiency; 
        and
            ``(C) so that subjects of an enforcement action are not 
        permitted to verify that the officers or agents that carried 
        out such action complied with the restrictions set forth in 
        this subsection.
    ``(6)(A) The Director of U.S. Immigration and Customs Enforcement 
and the Commissioner of U.S. Customs and Border Protection shall each 
submit an annual report to the appropriate committees of Congress that 
includes the information set forth in subparagraph (B) with respect to 
the respective agency.
    ``(B) Each report submitted under subparagraph (A) shall include, 
with respect to the submitting agency during the reporting period--
            ``(i) the number of enforcement actions that were carried 
        out at, or focused on, a protected area;
            ``(ii) the number of enforcement actions in which officers 
        or agents were subsequently led to a protected area; and
            ``(iii) for each enforcement action described in clause (i) 
        or (ii)--
                    ``(I) the date on which it occurred;
                    ``(II) the specific site, city, county, and State 
                in which it occurred;
                    ``(III) the components of the agency involved in 
                the enforcement action;
                    ``(IV) a description of the enforcement action, 
                including the nature of the criminal activity of its 
                intended target;
                    ``(V) the number of individuals, if any, arrested 
                or taken into custody;
                    ``(VI) the number of collateral arrests, if any, 
                and the reasons for each such arrest;
                    ``(VII) a certification whether the location 
                administrator was contacted before, during, or after 
                the enforcement action; and
                    ``(VIII) the percentage of all of the staff members 
                and supervisors reporting to the officials listed in 
                paragraph (4)(B) who completed the training required 
                under paragraph (4)(A).
    ``(7) Nothing in the subsection may be construed--
            ``(A) to affect the authority of Federal, State, or local 
        law enforcement agencies--
                    ``(i) to enforce generally applicable Federal or 
                State criminal laws unrelated to immigration; or
                    ``(ii) to protect residents from imminent threats 
                to public safety; or
            ``(B) to limit or override the protections provided in--
                    ``(i) section 239; or
                    ``(ii) section 384 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 (8 
                U.S.C. 1367).''.

SEC. 8. PROTECTIONS AND RELIEF FOR DOMESTIC VIOLENCE SURVIVORS.

    (a) Eligibility for Cancellation of Removal for Domestic Violence 
Survivors.--Section 240A(b)(2)(A)(iv) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(2)(A)(iv)) is amended to read as 
follows:
                            ``(iv) the alien is not inadmissible under 
                        section 212(a)(2)(G), section 212(a)(2)(H), or 
                        section 212(a)(3) and is not deportable under 
                        section 237(a)(2)(A)(v) or section 237(a)(4); 
                        and''.
    (b) Judicial Review in VAWA Cases.--
            (1) Cancellation of removal of domestic violence 
        survivors.--Section 240A(b)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1229b(b)(2)) is amended by adding at 
        the end the following:
                    ``(E) Judicial review of determination for domestic 
                violence survivors.--A determination of whether an 
                individual is eligible for or entitled to relief under 
                this paragraph or any prior provision of law providing 
                comparable relief, shall be subject to judicial 
                review.''.
            (2) Review of orders of removal of domestic violence 
        survivors.--Section 242(a)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1252(a)(1)) is amended to read as 
        follows:
            ``(1) General orders of removal.--
                    ``(A) In general.--Judicial review of a final order 
                of removal (other than an order of removal without a 
                hearing pursuant to section 235(b)(1)) is governed only 
                by chapter 158 of title 28 of the United States Code, 
                except as provided in subparagraph (B) or subsection 
                (b), and except that the court may not order the taking 
                of additional evidence under section 2347(c) of such 
                title.
                    ``(B) Domestic violence survivors and crime 
                victims.--A final order for the removal of a 
                nonimmigrant described in section 101(a)(15)(T) or 
                section 101(a)(15)(U), a VAWA self-petitioner (as 
                defined in section 101(a)(51)), an applicant for relief 
                under section 240A(b)(2), an applicant or petitioner 
                for relief under sections 101(a)(27)(J) or 245(h), or 
                under any prior status providing comparable relief, 
                shall be subject to de novo review by the court.''.
    (c) Availability of Basic Assistance to Lawfully Present 
Noncitizens.--
            (1) Elimination of arbitrary eligibility restrictions.--
        Sections 402, 403, 411, 412, 421, and 422 of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1612, 1613, 1621, 1622, 1631, and 1632) are repealed.
            (2) Notification and information reporting.--Section 404 of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996 (8 U.S.C. 1614) is amended by striking ``, 402, or 
        403''.
            (3) Qualified noncitizens.--Title IV of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1601 et seq.) is amended--
                    (A) in the header, by striking ``ALIENS'' and 
                inserting ``NONCITIZENS'';
                    (B) by striking ``alien'' each place it appears and 
                inserting ``noncitizen'';
                    (C) by striking ``aliens'' each place it appears 
                and inserting ``noncitizens'';
                    (D) by striking ``alien's'' each place it appears 
                and inserting ``noncitizen's'';
                    (E) by striking ``an alien'' each place that it 
                appears and inserting ``a noncitizen'';
                    (F) by striking ``alien'' each place that it 
                appears and inserting ``noncitizen'';
                    (G) by striking ``qualified alien'' each place that 
                it appears and inserting ``qualified noncitizen'';
                    (H) by striking ``qualified aliens'' each place 
                that it appears and inserting ``qualified 
                noncitizens'';
                    (I) by striking ``qualified alien's'' each place 
                that it appears and inserting ``qualified 
                noncitizen's'';
                    (J) in section 402--
                            (i) in the header, by striking ``qualified 
                        aliens'' and inserting ``qualified 
                        noncitizens''; and
                            (ii) in subsection (a)(2)(L), by striking 
                        ``qualified aliens'' and inserting ``qualified 
                        noncitizens'';
                    (K) in section 403, in the header, by striking 
                ``qualified aliens'' and inserting ``qualified 
                noncitizens'';
                    (L) in section 411, in the header, by striking 
                ``qualified aliens'' and inserting ``qualified 
                noncitizens''; and
                    (M) in section 412, in the header, by striking 
                ``qualified aliens'' and inserting ``qualified 
                noncitizens''.
            (4) Access to basic services for lawfully residing 
        noncitizens.--Section 431 of the Personal Responsibility and 
        Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) is 
        amended--
                    (A) in subsection (b)--
                            (i) in the header, by striking ``Qualified 
                        Alien'' and inserting ``Qualified Noncitizen'';
                            (ii) by striking ``qualified alien'' and 
                        inserting ``qualified noncitizen'';
                            (iii) by striking ``alien'' and inserting 
                        ``noncitizen'';
                            (iv) by striking ``an alien'' and inserting 
                        ``a noncitizen''; and
                            (v) by striking ``benefit'' and all that 
                        follows through the period at the end of the 
                        subsection and inserting ``benefit, is lawfully 
                        present in the United States.'';
                    (B) in subsection (c)--
                            (i) in the header, by striking ``Qualified 
                        Aliens'' and inserting ``Qualified 
                        Noncitizens'';
                            (ii) by striking ``; or'' at the end of 
                        paragraph (3) and inserting ``;'';
                            (iii) by striking the period at the end of 
                        paragraph (4) and inserting ``; or''; and
                            (iv) by inserting after paragraph (4):
            ``(5) a noncitizen--
                    ``(A) in a category that was treated as lawfully 
                present for purposes of section 1101 of the Patient 
                Protection and Affordable Care Act of 2010 (42 U.S.C. 
                18001);
                    ``(B) who met the requirements of section 
                402(a)(2)(D) of the Personal Responsibility and Work 
                Opportunity Reconciliation Act of 1996 (8 U.S.C. 
                1612(a)(2)(D)) on or before January 1, 2021;
                    ``(C) who is granted special immigrant juvenile 
                status as described by section 101(a)(27)(J) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(27)(J));
                    ``(D) who has a pending, bona fide application for 
                nonimmigrant status under section 101(a)(15)(U) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(1)(15)(U));
                    ``(E) who was granted relief under the Deferred 
                Action for Childhood Arrivals program; or
                    ``(F) any other person who is not a citizen of the 
                United States but who resides in a State or territory 
                of the United States and is Federally authorized to be 
                present in the United States.''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(d) Noncitizen.--For the purposes of this section, the term 
`noncitizen' means any individual who is not a citizen of the United 
States.''.
            (5) Child nutrition programs.--Section 742 of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1615) is amended--
                    (A) in subsection (a)--
                            (i) in the header by striking ``School 
                        Lunch and Breakfast Programs'' and inserting 
                        ``Child Nutrition Programs'';
                            (ii) by striking ``the school lunch 
                        program'' and inserting ``any program''; and
                            (iii) by striking ``the school breakfast 
                        program under section 4 of the'' and inserting 
                        ``any program under''; and
                    (B) in subsection (b)(1)--
                            (i) by striking ``Nothing in this Act shall 
                        prohibit or require a State to provide to an 
                        individual who is not a citizen or a qualified 
                        alien, as defined in section 431(b),'' and 
                        inserting ``A State shall not deny''; and
                            (ii) by striking ``paragraph (2)'' and 
                        inserting ``paragraph (2) on the basis of an 
                        individual's citizenship or immigration 
                        status''.
            (6) Exclusion of medical assistance expenditures for 
        citizens of freely associated states.--Section 1108(h) of the 
        Social Security Act (42 U.S.C. 1308(h)) is amended--
                    (A) by striking ``Expenditures'' and inserting:
            ``(1) Expenditures''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) With respect to eligibility for benefits for the 
        designated Federal program defined in paragraph (3)(C) 
        (relating to the Medicaid program), paragraph (1) shall not 
        apply to any individual who lawfully resides, in accordance 
        with the Compacts of Free Association between the Government of 
        the United States and the Governments of the Federated States 
        of Micronesia, the Republic of the Marshall Islands, and the 
        Republic of Palau, in any of the several States or the District 
        of Columbia and shall not apply, at the option of the Governor 
        of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana 
        Islands, or American Samoa as communicated to the Secretary of 
        Health and Human Services in writing, to any individual who 
        lawfully resides in the respective territory in accordance with 
        such Compacts.''.
            (7) Child health insurance program.--Section 2107(e)(1) of 
        the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended--
                    (A) by striking subparagraph (O); and
                    (B) by redesignating subparagraphs (P), (Q), (R), 
                (S), (T), and (U) as subparagraphs (O), (P), (Q), (R), 
                (S), and (T).
            (8) Conforming amendments.--
                    (A) Supplemental food assistance program.--The Food 
                and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is 
                amended--
                            (i) in section 5--
                                    (I) by striking subsection (i); and
                                    (II) by redesignating subsections 
                                (j) through (n) as subsections (i) 
                                through (m), respectively;
                            (ii) in section 6--
                                    (I) in subsection (f), by striking 
                                ``an alien lawfully admitted for 
                                permanent'' and all that follows 
                                through the end of the subsection and 
                                inserting ``a noncitizen lawfully 
                                present in the United States.''; and
                                    (II) in subsection (s)(2), by 
                                striking ``(m), and (n)'' and inserting 
                                ``and (m)''; and
                            (iii) in section 11(e)(2)(B)(v)(II) by 
                        striking ``aliens'' each place it appears and 
                        inserting ``noncitizens''.
                    (B) Medicaid.--Section 1903(v) of the Social 
                Security Act (42 U.S.C. 1396b(v)) is amended--
                            (i) in paragraph (1), by striking 
                        ``admitted for'' and all that follows through 
                        the end of the paragraph and inserting 
                        ``present in the United States.''; and
                            (ii) striking paragraph (4).
                    (C) Housing assistance.--Section 214(a) of the 
                Housing and Community Development Act of 1980 (42 
                U.S.C. 1436a(a)) is amended by--
                            (i) redesignating paragraphs (6) and (7) as 
                        paragraphs (7) and (8), respectively; and
                            (ii) inserting after paragraph (5):
            ``(6) a qualified noncitizen as defined in section 431 of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996 (8 U.S.C. 1641);''.
                    (D) General rule on noncitizens' eligibility.--
                Section 401 of Personal Responsibility and Work 
                Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611) 
                is amended--
                            (i) in section 401, in the header--
                                    (I) by striking ``qualified 
                                aliens'' and inserting ``qualified 
                                noncitizens''; and
                                    (II) by striking ``aliens'' and 
                                inserting ``noncitizens'';
                            (ii) by striking ``qualified alien'' 
                        wherever it occurs and inserting ``qualified 
                        noncitizen''; and
                            (iii) by striking ``alien'' wherever it 
                        occurs and inserting ``noncitizen''.
                    (E) Assistance not treated as debt absent fraud.--
                Section 213A(b)(1)(A) of the Immigration and 
                Nationality Act is amended by striking ``benefit,'' and 
                inserting ``benefit by fraud,''.
            (9) Preserving access to health care.--Section 36B(c)(1)(B) 
        of the Internal Revenue Code of 1986 is amended to read as 
        follows:
                    ``(B) Special rule for certain individuals lawfully 
                present in the united states.--If--
                            ``(i) a taxpayer has a household income 
                        which is not greater than 100 percent of an 
                        amount equal to the poverty line for a family 
                        of the size involved,
                            ``(ii) the taxpayer is a non-citizen 
                        lawfully present in the United States,
                            ``(iii) the taxpayer is ineligible for 
                        minimum essential coverage under section 
                        5000A(f)(1)(A)(ii), and
                            ``(iv) under the Medicaid eligibility 
                        criteria for non-citizens in effect on December 
                        26, 2020, the taxpayer would be ineligible for 
                        such minimum essential coverage by reason of 
                        the taxpayer's immigration status,
                the taxpayer shall, for purposes of the credit under 
                this section, be treated as an applicable taxpayer with 
                a household income which is equal to 100 percent of the 
                poverty line for a family of the size involved.''.
            (10) Federal agency guidance.--Not later than 180 days 
        after the date of the enactment of this Act, each Federal 
        agency, as applicable, shall issue guidance with respect to 
        implementing the amendments made by this section.
            (11) Effective date.--The amendments made by this 
        subsection shall take effect on the date of enactment of this 
        Act and shall apply to services furnished on or after the date 
        that is 180 days after the date on which any guidance is issued 
        pursuant to paragraph (10).
    (d) Relief From Certain Restrictions on Adjustment of Status.--
            (1) Relief from certain restrictions for domestic violence 
        survivors.--Section 245(d) of the Immigration and Nationality 
        Act (8 U.S.C. 1255(d)) is amended by inserting before the 
        period at the end the following: ``, unless the alien is the 
        spouse of an alien lawfully admitted for legal permanent 
        residence or of a citizen of the United States and is a VAWA 
        self-petitioner''.
            (2) Conforming application in cancellation of removal.--
        Section 240A(b)(2)(A)(i) of the Immigration and Nationality Act 
        (8 U.S.C. 1229b(b)(2)(A)(i)) is amended--
                    (A) in subclause (II), by striking ``or'' at the 
                end;
                    (B) in subclause (III), by adding ``or'' at the 
                end; and
                    (C) by adding at the end the following:
                                    ``(IV) the alien entered the United 
                                States as an alien described in section 
                                101(a)(15)(K) with the intent to enter 
                                into a valid marriage and the alien (or 
                                the child of the alien who is described 
                                in such section) was battered or 
                                subject to extreme cruelty by the 
                                United States citizen who filed the 
                                petition to accord status under such 
                                section;''.
            (3) Application under suspension of deportation for 
        domestic violence survivors.--The Secretary of Homeland 
        Security or the Attorney General may suspend the deportation of 
        an alien who is in deportation proceedings initiated prior to 
        March 1, 1997, and adjust to the status of an alien lawfully 
        admitted for permanent residence, if the alien--
                    (A) has been physically present in the United 
                States for a continuous period of not less than 3 years 
                immediately preceding the date of such suspension;
                    (B) has been battered or subjected to extreme 
                cruelty in the United States by a spouse or immediate 
                family member who is a United States citizen or a 
                lawful permanent resident, or the alien entered the 
                United States as an alien described in section 
                101(a)(15)(K) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(15)(K)) with the intent to enter into a 
                valid marriage and the alien was battered or subject to 
                extreme cruelty by the United States citizen who filed 
                the petition to accord status under such section, or 
                the child of the alien who is described in this 
                subparagraph;
                    (C) demonstrates that during all of such time in 
                the United States the alien was and is a person of good 
                moral character; and
                    (D) is a person whose deportation would, in the 
                opinion of the Secretary or Attorney General, result in 
                extreme hardship to the alien or the alien's parent or 
                child.
            (4) Effective date.--This subsection and the amendments 
        made by this subsection shall take effect on the date of the 
        enactment of this Act and shall apply to aliens who entered the 
        United States before, on, or after such date.
    (e) Work Authorization for Survivors.--
            (1) T visas.--Section 214(o) of the Immigration and 
        Nationality Act (8 U.S.C. 1184(o)) is amended by adding at the 
        end the following:
            ``(8) Notwithstanding any provision of this Act granting 
        eligibility for employment in the United States, the Secretary 
        of Homeland Security shall grant employment authorization to an 
        alien who has filed an application for nonimmigrant status 
        under section 101(a)(15)(T) on the date that is the earlier 
        of--
                    ``(A) the date on which the alien's application for 
                such status is approved; or
                    ``(B) a date that is not later than 180 days after 
                the date on which the alien filed the application.''.
            (2) VAWA self-petitioners.--Section 204(a)(1)(K) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(K)) is 
        amended to read as follows:
                    ``(K)(i) Upon the approval of a petition as a VAWA 
                self-petitioner, the alien is eligible for work 
                authorization.
                    ``(ii) Notwithstanding any provision of this Act 
                restricting eligibility for employment in the United 
                States, the Secretary of Homeland Security shall grant 
                employment authorization to such an alien on the date 
                that is the earlier of--
                            ``(I) the date on which the alien's 
                        application for lawful permanent resident 
                        status is approved; or
                            ``(II) a date determined by the Secretary 
                        that is not later than 180 days after the date 
                        that is the earlier of the date on which the 
                        alien filed the application or the alien's 
                        petition as a VAWA self-petitioner is 
                        approved.''.
            (3) Special immigrant juveniles.--Section 204(a)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is 
        amended by adding at the end the following:
                    ``(M) Work authorization for certain special 
                immigrants.--Notwithstanding any provision of this Act 
                granting eligibility for employment in the United 
                States, the Secretary of Homeland Security shall grant 
                employment authorization to an alien who is otherwise 
                eligible to be employed, and who has a petition for 
                special immigrant status under section 101(a)(27)(J) 
                that is pending or approved on the date that is the 
                earlier of--
                            ``(i) the date on which the alien's 
                        petition for such status is approved; or
                            ``(ii) a date that is not later than 180 
                        days after the date on which the alien filed 
                        the petition.''.

SEC. 9. RELIEF FOR DOMESTIC VIOLENCE SURVIVOR VISA WAIVER ENTRANTS.

    (a) In General.--Section 217(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1187(b)(2)) is amended by inserting ``, an 
application or petition described in section 101(a)(51), an application 
for relief under section 101(a)(15)(T), section 101(a)(15)(U), section 
240A(b)(2), section 101(a)(27)(J), section 245(h), or under any prior 
provision of law providing comparable relief,'' after ``asylum,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
waivers provided under section 217(b)(2) of the Immigration and 
Nationality Act before, on, or after such date as if it had been 
included in such waivers.
    (c) Applicability of Section 212(e) to Spouses and Children of J-1 
Exchange Visitors.--A spouse or child of an exchange visitor described 
in section 101(a)(15)(J) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(J)), applicants approved for nonimmigrant status 
under section 101(a)(15)(T) of such Act, section 101(a)(15)(U) of such 
Act, VAWA self-petitioners, as defined in section 101(a)(51) of such 
Act, and special immigrant juveniles under section 101(a)(27)(J) of 
such Act shall not be subject to the requirements of section 212(e) of 
such Act (8 U.S.C. 1182(e)).

SEC. 10. STRENGTHEN WAIVERS FOR HUMANITARIAN NEED, FAMILY UNITY, OR 
              PUBLIC INTEREST.

    (a) Exception for VAWA Self-Petitioners.--Section 
212(a)(9)(B)(iii)(IV) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)(B)(iii)(IV)) is amended by striking ``would be described in 
paragraph (6)(A)(ii) if `violation of the terms of the alien's 
nonimmigrant visa' were substituted for `unlawful entry into the United 
States' in subclause (III) of that paragraph.'' and inserting ``is a 
VAWA self petitioner.''.
    (b) Waivers for Abused Aliens.--
            (1) In general.--Section 212(a)(9)(C)(iii) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(iii)) 
        is amended--
                    (A) by inserting ``or the Attorney General'' after 
                ``Secretary of Homeland Security''; and
                    (B) by striking ``in the case of'' and all that 
                follows through ``United States.'' and inserting ``for 
                humanitarian purposes, to assure family unity, when it 
                is otherwise in the public interest, or in the case of 
                an alien who is applying for or has a claim of relief 
                as a VAWA self-petitioner (as defined in section 
                101(a)(51)).''.
            (2) Effective date.--The amendments made by this section 
        shall take effect on the date of the enactment of this Act and 
        shall apply regardless of whether the alien's application was 
        filed before, on, or after such date.
    (c) Waivers for False Claims to United States Citizenship.--Section 
212(a)(6)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(6)(C)(ii)) is amended by adding at the end the following new 
subclause:
                                    ``(III) Exception.--An alien who is 
                                a VAWA self-petitioner shall not be 
                                considered to be inadmissible under any 
                                provision of this subsection based on 
                                such representation.''.
    (d) Definitions.--Section 101(f) of the Immigration and Nationality 
Act (8 U.S.C. 1101(f)) is amended by striking ``or violation that he or 
she was a citizen,'' and inserting ``violation that he or she was a 
citizen, or the alien is a VAWA self-petitioner''.
    (e) Waiver for Certain VAWA Self-Petitioners.--Section 212(d)(11) 
of the Immigration and Nationality Act (8 U.S.C. 1182(d)(11)) is 
amended by adding at the end the following: ``The Attorney General may 
waive the application of clause (i) of subsection (a)(6)(E) in the case 
of an alien who is a VAWA self petitioner.''.
    (f) EWI Exemption for Vawa, U Visas, T Visas, SIJs.--Section 
212(a)(6)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(6)(A)(ii)) is amended to read as follows:
                            ``(ii) Exception for certain battered women 
                        and children and victims.--Clause (i) shall not 
                        apply to an alien who demonstrates that the 
                        alien--
                                    ``(I) is a VAWA self-petitioner (as 
                                defined in section 101(a)(51) of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1101(a)(51))); or
                                    ``(II) qualifies for relief under 
                                subparagraph (T) or (U) of section 
                                101(a)(15)(T), section 240A(b)(2), 
                                section 244(a)(3) (as in effect on 
                                March 31, 1997), or section 
                                101(a)(27)(J).''.

SEC. 11. PROHIBITION ON REMOVAL OF SURVIVORS OF VIOLENCE.

    Section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) 
is amended by adding at the end the following:
    ``(f) Prohibition on Removal of Survivors of Abuse or Violence.--
            ``(1) In general.--An individual described in paragraph (2) 
        shall not be removed from the United States under this section 
        or any other provision of law until the date on which there is 
        a final denial of the individual's application for status, 
        after the exhaustion of administrative or judicial review.
            ``(2) Individual described.--An individual described in 
        this paragraph is an individual who--
                    ``(A) has a pending petition for special immigrant 
                juvenile status under subparagraph (J) of section 
                101(a)(27);
                    ``(B) has an approved petition for special 
                immigrant juvenile status under subparagraph (J) of 
                section 101(a)(27) and has not yet adjusted status to 
                that of a lawful permanent resident;
                    ``(C) is a VAWA self-petitioner (as defined in 
                section 101(a)(51) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(51))); or
                    ``(D) qualifies for relief under subparagraph (T) 
                or (U) of section 101(a)(15)(T), section 240A(b)(2), or 
                section 244(a)(3) (as in effect on March 31, 1997).''.

SEC. 12. EXCEPTION TO REINSTATEMENT.

     Section 241 of the Immigration and Nationality Act (8 U.S.C. 1231) 
is amended by adding at the end the following:
    ``(h) Any alien with a pending application under clause (i) or (ii) 
of section 101(a)(15)(T), clause (i) or (ii) of section 101(a)(15)(U), 
section 101(a)(51), section 240A(b)(2), or section 244(a)(3) (as in 
effect on March 31, 1997), or a pending or approved petition under 
(101)(a)(27)(J), shall not be ordered removed under this section.''.

SEC. 13. PROTECTIONS FOR STEPCHILDREN.

    (a) United States Citizen Parent.--Section 204(a)(1)(A)(iv) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended 
by adding at the end the following: ``For purposes of this clause--
            ``(I) residence includes any period of visitation; and
            ``(II)(aa) the term `citizen parent' includes `citizen 
        step-parent'; and
            ``(bb) none of the following shall affect the ability of a 
        step-child who was battered or subjected to extreme cruelty to 
        file a self-petition or have the self-petition favorably 
        adjudicated and shall not lead to revocation of an approved 
        VAWA self-petition--
                    ``(AA) death of the step-child self-petitioner's 
                natural parent;
                    ``(BB) death of the step-child self-petitioner's 
                step-parent; or
                    ``(CC) divorce between the step-child VAWA self-
                petitioner's parent and step-parent.'';
    (b) Lawful Permanent Resident Parent.--Section 204(a)(1)(B)(iii) of 
the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(iii)) is 
amended by adding at the end the following: ``For purposes of this 
clause:
            ``(I) residence includes any period of visitation; and
            ``(II)(aa) the term `permanent resident parent' includes 
        `permanent resident step-parent'; and
            ``(bb) none of the following shall affect the ability of a 
        step-child who was battered or subjected to extreme cruelty to 
        file a self-petition or have the self-petition favorably 
        adjudicated and shall not lead to revocation of an approved 
        VAWA self-petition--
                    ``(AA) death of the step-child self-petitioner's 
                natural parent;
                    ``(BB) death of the step-child self-petitioner's 
                step-parent; or
                    ``(CC) divorce between the step-child VAWA self-
                petitioner's parent and step-parent.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to VAWA 
self-petitions filed before, on, or after the date of the enactment of 
this Act.

SEC. 14. WAIVER OF MONETARY PENALTY.

    Section 274D of the Immigration and Nationality Act (8 U.S.C. 
1324d) is amended by adding at the end the following:
    ``(a) Exception.--Subsection (a) shall not apply to an alien who is 
a VAWA self-petitioner, as defined in section 101(a)(51), or who has 
filed an application for nonimmigrant status under subparagraph (T) or 
(U) of section 101(a)(15) or a petition for Special Immigrant Juvenile 
status under section 101(a)(27)(J).''.

SEC. 15. TECHNICAL CORRECTION.

    Section 240(c)(7)(C)(iv) of the Immigration and Nationality Act is 
amended--
            (1) by amending the heading to read as follows:
                            ``(iv) Special rule for battered spouses, 
                        children, and parents.--'';
            (2) in subclause (I), by striking ``or section 240A(b)(2)'' 
        and inserting ``, section 240A(b), or section 244(a)(3) (as in 
        effect on March 31, 1997)''; and
            (3) in the matter following subclause (IV), by striking 
        ``(as defined in section 431(c)(1)(B) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1641(c)(1)(B))'' and inserting ``(as defined in 
        section 431(c)(1)(B) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 
        1641(c)(1)(B)))''.

SEC. 16. PERMIT IMMIGRATION JUDGES TO GRANT INADMISSIBILITY WAIVERS.

    Section 212(d)(14) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(14)) is amended to read as follows:
            ``(14) The Secretary of Homeland Security shall determine 
        whether a ground of inadmissibility exists with respect to a 
        nonimmigrant described in section 101(a)(15)(U). The Secretary 
        of Homeland Security or an immigration judge may waive the 
        application of subsection (a) (other than paragraph (3)(E)) in 
        the case of a nonimmigrant described in section 101(a)(15)(U)), 
        if the Secretary of Homeland Security or immigration judge 
        considers it to be in the public or national interest to do 
        so.''.

SEC. 17. ELIMINATION OF VISA CAPS FOR ABUSED, ABANDONED, OR NEGLECTED 
              CHILDREN.

    (a) Worldwide Level.--Section 201 of the Immigration and 
Nationality Act (8 U.S.C. 1151) is amended in subparagraph (b)(1)(A) by 
striking ``subparagraph (A) or (B)'' and inserting ``subparagraphs (A), 
(B), or (J)''.
    (b) Per-Country Limitation.--Section 202(a)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1152) is amended by inserting after 
``Subject to paragraphs (3), (4), and (5),'' the following: ``and 
except for special immigrants described in section 101(a)(27)(J),''.
    (c) Allocation.--Section 203 of the Immigration and Nationality Act 
(8 U.S.C. 1153) is amended in subparagraph (b)(4) by striking 
``subparagraph (A) or (B)'' and inserting ``subparagraphs (A), (B), or 
(J)''.

SEC. 18. ELIMINATION OF GENERAL CONSENT STANDARD FOR ABUSED, ABANDONED, 
              OR NEGLECTED CHILDREN.

    Section 101(a)(27)(J) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(J)) is amended--
            (1) in clause (i), by inserting at the end ``and'';
            (2) in clause (ii), by striking ``; and'' and inserting the 
        following: ``, except that--
                                    ``(I) no juvenile court has 
                                jurisdiction to determine the custody 
                                status or placement of an alien in the 
                                custody of the Secretary of Health and 
                                Human Services unless the Secretary of 
                                Health and Human Services specifically 
                                consents to such jurisdiction; and
                                    ``(II) no natural parent or prior 
                                adoptive parent of any alien provided 
                                special immigrant status under this 
                                subparagraph shall thereafter, by 
                                virtue of such parentage, be accorded 
                                any right, privilege, or status under 
                                this Act; and''; and
            (3) by striking clause (iii).

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

    Section 240(c)(7)(C) of the Immigration and Nationality Act (8 
U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the following:
                            ``(v) Special immigrant juvenile status 
                        petitioners or beneficiaries.--There is no time 
                        limit on the filing of a motion to reopen by an 
                        individual who has a pending or approved 
                        petition for special immigrant juvenile status 
                        under section 101(a)(27)(J) if the basis of the 
                        motion is to apply for adjustment of status. An 
                        individual who has a pending or approved 
                        petition for special immigrant juvenile status 
                        under such section may file one motion under 
                        this clause notwithstanding any numerical 
                        limitation that might otherwise apply. The 
                        filing of a motion to reopen under this clause 
                        shall stay the removal of an individual with a 
                        pending or approved petition for special 
                        immigrant juvenile status pending the final 
                        disposition of the motion, including exhaustion 
                        of all appeals. An immigration judge or the 
                        Board of Immigration Appeals may hold such a 
                        motion in abeyance, or grant such a motion, as 
                        appropriate, so that the individual may wait 
                        for an available visa.''.

SEC. 20. NATURALIZATION.

    (a) In General.--Section 319(a) of the Immigration and Nationality 
Act (8 U.S.C. 1430(a)) is amended to read as follows:
    ``(a)(1) A person described in this paragraph is--
            ``(A) a spouse of citizen of the United States; or
            ``(B) any lawful permanent resident and who was battered or 
        subjected to extreme cruelty by a United States citizen who is 
        or was a spouse, parent, son or daughter.
    ``(2) A person described in paragraph (1) may be naturalized--
            ``(A) upon compliance with all the requirements of this 
        title except the provisions of paragraph (1) of section 316(a);
            ``(B) if such person, immediately preceding the date of 
        filing that person's application for naturalization has resided 
        continuously, after being lawfully admitted for permanent 
        residence, within the United States for at least three years;
            ``(C)(i) during the three years immediately preceding the 
        date of filing such application has been living in marital 
        union with their citizen spouse who has been a United States 
        citizen during all of such period; or
            ``(ii) in the case of a person who has been battered or 
        subjected to extreme cruelty by a United States citizen spouse, 
        parent, son or daughter, the requirement of subparagraph (C)(i) 
        shall not apply regardless of whether the person's lawful 
        permanent resident status was obtained on the basis of such 
        battery or cruelty;
            ``(D) has been physically present in the United States for 
        periods totaling at least half of the time referred to in 
        subparagraph (C);
            ``(E) has resided within the State or district of the 
        Service in the United States in which the applicant filed such 
        application for at least 3 months; and
            ``(F) the provisions of section 204(a)(1)(J) and section 
        384 of the Illegal Immigration Reform and Immigration 
        Responsibility Act of 1996 shall apply in acting on an 
        application under this subsection in the same manner as they 
        apply in acting on petitions referred to in section 
        101(a)(51).''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications for naturalization filed before, on, or after the date of 
the enactment of this Act.
                                 <all>
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