WISE Act of 2023

To extend immigration benefits to survivors of domestic violence, sexual assault, human trafficking, and other gender-based violence, and for other purposes. 1. Short title This Act may be cited as the Working for Immigrant Safety and Empowerment Act of 2023 WISE Act of 2023 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. 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) criminal activity described in clause (iii) 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) (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) (1) by striking (IV) (II) (2) by inserting after criminal activity described in clause (iii) 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) (1) in clause (ii)(II), by striking and (2) in clause (iii), by striking or and (3) by adding at the end the following: (iv) the term civil violations . (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) (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) ; 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) (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) (h) Employment authorization Section 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) (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 provide the aliens with employment authorization pursuant to paragraph (8) (2) in paragraph (6)— (A) in the first sentence by striking than 4 years (B) in the second sentence, strike exceptional compelling (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) (A) by striking unmarried (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) but while it is pending (3) Section 245(m)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1255(m)(3) (A) by inserting (A) In Upon approval (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 8 U.S.C. 1101(a)(15)(U) 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) (1) in subparagraph (F), by striking or (2) in subparagraph (G), by striking the period at the end and inserting ; or (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 106. Relief for abused derivative aliens (a) Abused derivative alien defined In this section, the term abused derivative alien (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 (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 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) 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. 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 (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) . 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 furnished (B) by striking or (2) in subsection (a)(2)— (A) by inserting , files, or records, information (B) by striking relates relate (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, 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 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. (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. . 7. Powers of immigration officers and employees at protected areas Section 287 of the Immigration and Nationality Act ( 8 U.S.C. 1357 (i) (1) In this subsection: (A) The term appropriate committees of Congress (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 (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 (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 (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 . 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) (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) (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) (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 (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 (2) Notification and information reporting Section 404 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1614 , 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. (A) in the header, by striking Aliens Noncitizens (B) by striking alien noncitizen (C) by striking aliens noncitizens (D) by striking alien’s noncitizen’s (E) by striking an alien a noncitizen (F) by striking alien noncitizen (G) by striking qualified alien qualified noncitizen (H) by striking qualified aliens qualified noncitizens (I) by striking qualified alien’s qualified noncitizen’s (J) in section 402— (i) in the header, by striking Qualified Aliens Qualified Noncitizens (ii) in subsection (a)(2)(L), by striking qualified aliens qualified noncitizens (K) in section 403, in the header, by striking Qualified Aliens Qualified Noncitizens (L) in section 411, in the header, by striking Qualified Aliens Qualified Noncitizens (M) in section 412, in the header, by striking Qualified Aliens 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 (A) in subsection (b)— (i) in the header, by striking qualified alien qualified noncitizen (ii) by striking qualified alien qualified noncitizen (iii) by striking alien noncitizen (iv) by striking an alien a noncitizen (v) by striking benefit benefit, is lawfully present in the United States. (B) in subsection (c)— (i) in the header, by striking qualified aliens qualified noncitizens (ii) by striking ; or ; (iii) by striking the period at the end of paragraph (4) and inserting ; or (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) (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 . (5) Child nutrition programs Section 742 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1615 (A) in subsection (a)— (i) in the header by striking School lunch and breakfast programs Child nutrition programs (ii) by striking the school lunch program any program (iii) by striking the school breakfast program under section 4 of the any program under (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), A State shall not deny (ii) by striking paragraph (2) 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) (A) by striking Expenditures (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) (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. (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 a noncitizen lawfully present in the United States. (II) in subsection (s)(2), by striking (m), and (n) and (m) (iii) in section 11(e)(2)(B)(v)(II) by striking aliens noncitizens (B) Medicaid Section 1903(v) of the Social Security Act ( 42 U.S.C. 1396b(v) (i) in paragraph (1), by striking admitted for present in the United States. (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) (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 (i) in section 401, in the header— (I) by striking Qualified Aliens Qualified Noncitizens (II) by striking Aliens Noncitizens (ii) by striking qualified alien qualified noncitizen (iii) by striking alien 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, benefit by fraud, (9) Preserving access to health care Section 36B(c)(1)(B) (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) , 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) (A) in subclause (II), by striking or (B) in subclause (III), by adding or (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) (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) (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) (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) (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. . 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) , 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, 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 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) 8 U.S.C. 1182(e) 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) would be described in paragraph (6)(A)(ii) if violation of the terms of the alien's nonimmigrant visa unlawful entry into the United States 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) (A) by inserting or the Attorney General Secretary of Homeland Security (B) by striking in the case of United States. 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) (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) or violation that he or she was a citizen, 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) 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) (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) (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). . 11. Prohibition on Removal of Survivors of Violence Section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a (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) (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). . 12. Exception to reinstatement Section 241 of the Immigration and Nationality Act ( 8 U.S.C. 1231 (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. . 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) For purposes of this clause— (I) residence includes any period of visitation; and (II) (aa) the term citizen parent citizen step-parent (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) For purposes of this clause: (I) residence includes any period of visitation; and (II) (aa) the term permanent resident parent permanent resident step-parent (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. 14. Waiver of monetary penalty Section 274D of the Immigration and Nationality Act ( 8 U.S.C. 1324d (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). . 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) , section 240A(b), or section 244(a)(3) (as in effect on March 31, 1997) (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) (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) 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) (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. . 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 subparagraph (A) or (B) subparagraphs (A), (B), or (J) (b) Per-Country limitation Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152 Subject to paragraphs (3), (4), and (5), 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 subparagraph (A) or (B) subparagraphs (A), (B), or (J) 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) (1) in clause (i), by inserting at the end and (2) in clause (ii), by striking ; and , 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). 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) (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. . 20. Naturalization (a) In general Section 319(a) of the Immigration and Nationality Act ( 8 U.S.C. 1430(a) (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.

Summary: Working for Immigrant Safety and Empowerment Act of 2023 or the WISE Act of 2023This bill expands eligibility for U nonimmigrant visas (victims of criminal activity) and addresses related issues.Generally, U visas are for victims of specified crimes (e.g., rape, trafficking, or domestic violence) who assist with the investigation or prosecution of the crime. The bill adds hate crimes, child abuse, and elder abuse as crimes that may qualify a victim for a U visa.  Furthermore, the Department of Homeland Security (DHS) must provide work authorization to U visa applicants, whereas currently DHS may grant work authorization but is not required to do so.The bill also eliminates the annual numerical cap on U visas. The bill establishes a rebuttable presumption that certain individuals, including U visa applicants and T visa (victims of human trafficking) applicants, shall not be detained while the application is pending. Additionally, the bill provides immigration-related protections, such as by extending the admission period and providing work authorization, to the spouse or child of a nonimmigrant visa holder who subjected that spouse or child to battery or extreme cruelty.Further, the bill prohibits, with some exceptions for exigent circumstances, U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection from conducting immigration enforcement actions within 1,000 feet of a school, health care facility, place of worship, or other location specified in the bill.