I 

117TH CONGRESS 

1ST SESSION H. R. 6078 

To amend the Immigration and Nationality Act to eliminate the annual 

numerical limitation on visas for certain immigrants, to require the 

Secretary of Homeland Security to grant work authorization to certain 

immigrants with a pending application for nonimmigrant status under 

such Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 23, 2021 

Mr. PANETTA introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to eliminate 

the annual numerical limitation on visas for certain immigrants, to require the Secretary of Homeland Security 

to grant work authorization to certain immigrants with 

a pending application for nonimmigrant status under 

such Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Immigrant Witness 

5 and Victim Protection Act of 2021’’. 


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1 SEC. 2. PURPOSE; FINDINGS; SENSE OF CONGRESS. 

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

3 barriers for alien survivors of domestic violence, sexual as4 sault, human trafficking, and other crimes who may be 

5 eligible for protections under the Violence Against Women 

6 Act of 1994 (VAWA), the Trafficking Victims Protection 

7 Act of 2000 (TVPA), and their subsequent reauthoriza8 tions. 

9 (b) FINDINGS.—Congress finds the following: 

10 (1) Threats of deportation are one of the most 

11 potent tools abusers and perpetrators of crime use 

12 to maintain control over and silence alien victims 

13 and to avoid criminal prosecution. Abusers and per14 petrators leverage the immigration system in the 

15 abuse and exploitation of aliens they victimize. 

16 (2) A bipartisan majority in Congress created 

17 critical immigration protections in VAWA, TVPA 

18 and their subsequent reauthorizations in recognition 

19 that alien survivors of domestic violence, sexual as20 sault, human trafficking, and other eligible crimes 

21 often fear that reaching out for help may lead to 

22 their deportation. 

23 (3) Detention and removal of those with victim24 based cases undermines the intent of VAWA, TVPA, 

25 and their subsequent reuauthorizations and re26 traumatizes victims and their children. Deporting 


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1 survivors while they await decisions on their cases 

2 discourages victims from accessing justice, under3 mines the usefulness of these forms of relief as tools 

4 for law enforcement that seek to keep all commu5 nities safe, separates them from their children and 

6 support networks, and eliminates the ability of local 

7 law enforcement to continue protecting and working 

8 with such crime survivors. 

9 (4) Lack of timely access to employment au10 thorization makes victims more vulnerable and may 

11 lead to their need to endure or return to abusive re12 lationships or exploitative conditions. Crime and 

13 abuse survivors should have access to work author14 ization to escape abusive situations, and gain self15 sufficiency following victimization so they can sup16 port themselves and their families. 

17 (c) SENSE OF CONGRESS.—It is the sense of Con18 gress that the Secretary of Homeland Security should not 

19 deport crime victims or neglected, abused, or abandoned 

20 youth before their applications for humanitarian relief are 

21 fully adjudicated, as it undermines critical bipartisan pro22 tections created in VAWA, TVPA, and their subsequent 

23 reauthorizations. 


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1 SEC. 3. ELIMINATION OF ANNUAL NUMERICAL LIMITATION 

2 ON U VISAS. 

3 Section 214(p) of the Immigration and Nationality 

4 Act (8 U.S.C. 1184(p)) is amended by striking paragraph 

5 (2). 

6 SEC. 4. ELIMINATION OF ANNUAL NUMERICAL LIMITATION 

7 ON SPECIAL IMMIGRANT JUVENILE VISAS. 

8 (a) ALIENS NOT SUBJECT TO DIRECT NUMERICAL

9 LIMITATIONS.—Section 201(b)(1)(A) of the Immigration 

10 and Nationality Act (8 U.S.C. 1151(b)(1)(A)) is amended 

11 by striking ‘‘subparagraph (A) or (B)’’ and inserting 

12 ‘‘subparagraphs (A), (B), or (J)’’. 

13 (b) PER COUNTRY LEVELS.— Section 202(a)(2) of 

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

15 1152(a)(2)) is amended by striking ‘‘(5),’’ and inserting 

16 ‘‘(5), and except for special immigrants described in sub17 paragraph (J) of section 1101(a)(27) of this title,’’. 

18 (c) CERTAIN SPECIAL IMMIGRANTS.—Section 

19 203(b)(4) of the Immigration and Nationality Act (8 

20 U.S.C. 1153(b)(4)) is amended by striking ‘‘subparagraph 

21 (A) or (B)’’ and inserting ‘‘subparagraphs (A), (B), or 

22 (J)’’. 

23 SEC. 5. WORK AUTHORIZATION WHILE APPLICATIONS AND 

24 PETITIONS ARE PENDING. 

25 (a) U VISAS.—Section 214(p) of the Immigration 

26 and Nationality Act (8 U.S.C. 1184(p)) is amended— 


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1 (1) in paragraph (6), by striking the last sen2 tence; and 

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

4 ‘‘(8) WORK AUTHORIZATION.—Notwithstanding 

5 any provision of this Act granting eligibility for em6 ployment in the United States, the Secretary of 

7 Homeland Security shall grant employment author8 ization to an alien who has filed an application for 

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

10 on the date that is the earlier of— 

11 ‘‘(A) the date on which the alien’s applica12 tion for such status is approved; or 

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

14 that is not later than 180 days after the date 

15 on which the alien filed the application.’’. 

16 (b) T VISAS.—Section 214(o) of the Immigration and 

17 Nationality Act (8 U.S.C. 1184(o)) is amended by adding 

18 at the end the following: 

19 ‘‘(8) Notwithstanding any provision of this Act grant20 ing eligibility for employment in the United States, the 

21 Secretary of Homeland Security shall grant employment 

22 authorization to an alien who has filed a petition for non23 immigrant status under section 101(a)(15)(T) on the date 

24 that is the earlier of— 


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1 ‘‘(A) the date on which the alien’s petition for 

2 such status is approved; or 

3 ‘‘(B) a date determined by the Secretary that 

4 is not later than 180 days after the date on which 

5 the alien filed the petition.’’. 

6 (c) VAWA SELF-PETITIONERS.—Section 

7 204(a)(1)(K) of the Immigration and Nationality Act (8 

8 U.S.C. 1154(a)(1)(K)) is amended to read: 

9 ‘‘(K) Notwithstanding any provision of this 

10 Act restricting eligibility for employment in the 

11 United States, the Secretary of Homeland Se12 curity shall grant employment authorization to 

13 such an alien in the United States on the date 

14 that is the earlier of— 

15 ‘‘(i) the date on which the alien’s peti16 tion as a VAWA self-petitioner is ap17 proved; or 

18 ‘‘(ii) a date determined by the Sec19 retary that is not later than 180 days after 

20 the date on which the alien filed the peti21 tion as a VAWA self-petitioner.’’. 

22 (d) SPECIAL IMMIGRANT JUVENILES.—Section 245 

23 of the Immigration and Nationality Act (8 U.S.C. 1255) 

24 is amended by adding at the end the following: 


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1 ‘‘(n) WORK AUTHORIZATION FOR CERTAIN SPECIAL

2 IMMIGRANTS.—Notwithstanding any provision of this Act 

3 granting eligibility for employment in the United States, 

4 the Secretary of Homeland Security shall grant employ5 ment authorization to an alien who has filed a petition 

6 for special immigrant status under section 101(a)(27)(J) 

7 on the date that is the earlier of— 

8 ‘‘(1) the date on which the alien’s petition for 

9 such status is approved; or 

10 ‘‘(2) a date determined by the Secretary that is 

11 not later than 180 days after the date on which the 

12 alien filed the petition.’’. 

13 (e) CANCELLATION OF REMOVAL.—Section 

14 240A(b)(2) of the Immigration and Nationality Act (8 

15 U.S.C. 1229b(b)(2)) is amended by adding at the end the 

16 following: 

17 ‘‘(E) WORK AUTHORIZATION.—Notwith18 standing any provision of this Act granting eli19 gibility for employment in the United States, 

20 the Secretary of Homeland Security shall grant 

21 employment authorization to an alien who has 

22 filed an application for cancellation of removal 

23 under this paragraph on a date that is not later 

24 than 180 days after the date on which the alien 

25 filed the application.’’. 


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1 SEC. 6. STAY OF REMOVAL. 

2 (a) IN GENERAL.—An alien described in subsection 

3 (b) shall not be removed from the United States under 

4 section 240 of the Immigration and Nationality Act (8 

5 U.S.C. 1229a) or any other provision of law until there 

6 is a final denial of the alien’s application for status after 

7 the exhaustion of administrative and judicial review. 

8 (b) ALIENS DESCRIBED.—An alien is described in 

9 this subsection if the alien— 

10 (1) has a pending or approved application or 

11 petition under section 101(a)(15)(T), 

12 101(a)(15)(U), 101(a)(27)(J), 106, 240A(b)(2), or 

13 244(a)(3) (as in effect on March 31, 1997) of the 

14 Immigration and Nationality Act (8 U.S.C. 1101, 

15 1229a, 1254a); or 

16 (2) is a VAWA self-petitioner, as defined in sec17 tion 101(a)(51) of the Immigration and Nationality 

18 Act, with a pending application for relief under a 

19 provision referred to in one of subparagraphs (A) 

20 through (G) of such section. 

21 SEC. 7. PROHIBITION ON DETENTION OF CERTAIN VICTIMS 

22 WITH PENDING OR APPROVED PETITION OR 

23 APPLICATION. 

24 Section 236 of the Immigration and Nationality Act 

25 (8 U.S.C. 1226) is amended by adding at the end the fol26 lowing: 


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1 ‘‘(a) PROHIBITION ON DETENTION OF CERTAIN VIC2 TIMS WITH PENDING OR APPROVED PETITIONS AND AP3 PLICATIONS.— 

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

5 provision of this Act, there shall be a presumption 

6 that the alien described in paragraph (2) should be 

7 released from detention. The Secretary of Homeland 

8 Security shall have the duty of rebutting this pre9 sumption, which may only be shown based on clear 

10 and convincing evidence, including credible and indi11 vidualized information, that the use of alternatives 

12 to detention will not reasonably ensure the appear13 ance of the alien at removal proceedings, or that the 

14 alien is a threat to another person or the commu15 nity. The fact that an alien has a criminal charge 

16 pending against the alien may not be the sole factor 

17 to justify the continued detention of the alien. 

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

19 in this paragraph if the alien— 

20 ‘‘(A) has a pending or approved application 

21 or petition under section 101(a)(15)(T), 

22 101(a)(15)(U), 101(a)(27)(J), 106, 240A(b)(2), 

23 or 244(a)(3) (as in effect on March 31, 1997); 

24 or 


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1 ‘‘(B) is a VAWA self-petitioner, as defined 

2 in section 101(a)(51), with a pending applica3 tion for relief under a provision referred to in 

4 one of subparagraphs (A) through (G) of such 

5 section.’’. 

6 SEC. 8. PENALTIES FOR DISCLOSURE OF INFORMATION. 

7 (a) IN GENERAL.—Section 384 of the Illegal Immi8 gration Reform and Immigrant Responsibility Act of 1996 

9 (8 U.S.C. 1367) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1), by striking ‘‘solely’’; 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘information which re14 lates’’ and inserting ‘‘information, files, or 

15 records which relate’’; and 

16 (ii) by striking the period at the end 

17 and inserting a semicolon; 

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

19 paragraph: 

20 ‘‘(3) Except as provided in this paragraph, nei21 ther the Department, nor any other official or em22 ployee of the Department, or bureau or agency 

23 thereof, nor the Department of Justice, nor any offi24 cial or employee of the Department of Justice, or 

25 bureau or agency thereof, may— 


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

2 applicant pursuant to an application filed under 

3 paragraph (15)(T), (15)(U), (27)(J), or (51) of 

4 section 101(a) of the Immigration and Nation5 ality Act (8 U.S.C. 1101(a) (15)(T), (15)(U), 

6 (27)(J), or (51)), or section 240A(b)(2) of such 

7 Act (8 U.S.C. 1229b(b)(2)), section 106 (8 

8 U.S.C. 1105a), for any purpose other than to 

9 make a determination on the application, or for 

10 enforcement of subsection (c) of this section; 

11 ‘‘(B) make any publication of information 

12 that identifies a particular individual; or 

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

14 officers and employees of the Department or 

15 bureau or agency to examine individual applica16 tions.’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (2), by striking ‘‘legiti19 mate law enforcement purpose,’’ and inserting 

20 ‘‘a criminal investigation or prosecution,’’; 

21 (B) by striking paragraph (4) and insert22 ing the following new paragraph: 

23 ‘‘(4) Paragraphs (2) and (3) of this section 

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


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1 adults and they have all waived the restrictions of 

2 such subsections.’’; and 

3 (3) in subsection (d), by inserting that end 

4 ‘‘The Attorney General, Secretary of State, and the 

5 Secretary of Homeland Security shall provide Con6 gress with an annual report regarding training pro7 vided to officers and employees, number of investiga8 tions opened for violations of sections (a)(1)–(a)(3), 

9 and the results of those investigations.’’. 

Æ 


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