I 
116TH CONGRESS 
1ST SESSION H. R. 4319 
To amend the Immigration and Nationality Act to eliminate the annual 
numerical limitation on U visas, to require the Secretary of Homeland 
Security to grant work authorization to aliens with a pending application 
for nonimmigrant status under subparagraph (U) or (T) of section 
101(a)(15) of such Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 12, 2019 
Mr. PANETTA (for himself, Ms. JAYAPAL, Ms. BONAMICI, Mr. CARBAJAL, Ms. 
CLARKE of New York, Mr. CLEAVER, Mr. CORREA, Mr. BLUMENAUER, 
Ms. ESHOO, Mr. ESPAILLAT, Ms. GARCIA of Texas, Mr. GRIJALVA, Ms. 
HAALAND, Mr. JOHNSON of Georgia, Mr. KHANNA, Ms. LOFGREN, Mrs. 
CAROLYN B. MALONEY of New York, Mr. MCGOVERN, Ms. MENG, Ms. 
MOORE, Mrs. MURPHY, Mrs. NAPOLITANO, Ms. NORTON, Ms. OMAR, Ms. 
PRESSLEY, Ms. ROYBAL-ALLARD, Mr. RUSH, Ms. SA´NCHEZ, Ms. SCHA-
KOWSKY, Mr. SIRES, Mr. SMITH of Washington, Mr. SOTO, Mr. SUOZZI, 
Mr. SWALWELL of California, Mr. VARGAS, and Ms. VELA´ZQUEZ) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend the Immigration and Nationality Act to eliminate 
the annual numerical limitation on U visas, to require 
the Secretary of Homeland Security to grant work au-
thorization to aliens with a pending application for non-
immigrant status under subparagraph (U) or (T) of sec-
tion 101(a)(15) of such Act, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Immigrant Witness 
and Victim Protection Act of 2019’’. 
SEC. 2. PURPOSE; FINDINGS; SENSE OF CONGRESS. 
(a) PURPOSE.—The purpose of this Act is to remove 
barriers for alien survivors of domestic violence, sexual as-
sault, human trafficking, and other crimes who may be 
eligible for protections under the Violence Against Women 
Act of 1994 (VAWA), the Trafficking Victims Protection 
Act of 2000 (TVPA). 
(b) FINDINGS.—Congress finds the following: 
(1) Threats of deportation are one of the most 
potent tools abusers and perpetrators of crime use 
to maintain control over and silence alien victims 
and to avoid criminal prosecution. Abusers and per-
petrators leverage the immigration system in the 
abuse and exploitation of aliens they victimize. 
(2) A bipartisan majority in Congress created 
critical immigration protections in VAWA, TVPA 
and their subsequent reauthorizations in recognition 
that alien survivors of domestic violence, sexual as-
sault, human trafficking, and other eligible crimes 
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often fear that reaching out for help may lead to 
their deportation. 
(3) Detention and removal of those with victim- 
based cases undermines the intent of VAWA and re- 
traumatizes victims and their children. Deporting 
survivors while they await decisions on their cases 
discourages victims from accessing justice, under-
mines the usefulness of these forms of relief as tools 
for law enforcement that seek to keep all commu-
nities safe, separates them from their children and 
support networks, and eliminates the ability of local 
law enforcement to continue protecting and working 
with such crime survivors. 
(4) Lack of timely access to employment au-
thorization makes victims more vulnerable and likely 
to need to endure or return to abusive relationships 
or exploitative conditions. Crime survivors should 
have access to work authorization to escape abusive 
situations, and gain self-sufficiency following victim-
ization so they can support themselves and their 
children. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Homeland Security should not 
deport crime victims before their applications for humani-
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tarian relief are fully adjudicated, as it undermines critical 
bi-partisan protections created in VAWA and the TVPA. 
SEC. 3. ELIMINATION OF ANNUAL NUMERICAL LIMITATION 
ON U VISAS. 
Section 214(p) of the Immigration and Nationality 
Act (8 U.S.C. 1184(p)) is amended by striking paragraph 
(2). 
SEC. 4. WORK AUTHORIZATION WHILE APPLICATIONS FOR 
U AND T VISAS ARE PENDING. 
(a) U VISAS.—Section 214(p) of the Immigration 
and Nationality Act (8 U.S.C. 1184(p)) is amended— 
(1) in paragraph (6), by striking the last sen-
tence; and 
(2) by adding at the end the following: 
‘‘(8) WORK AUTHORIZATION.—Notwithstanding 
any provision of this Act granting eligibility for em-
ployment in the United States, the Secretary of 
Homeland Security shall grant employment author-
ization 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 applica-
tion for such status is approved; or 
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‘‘(B) a date determined by the Secretary 
that is not later than 180 days after the date 
on which the alien filed the application.’’. 
(b) 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 grant-
ing 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 determined by the Secretary that 
is not later than 180 days after the date on which 
the alien filed the application.’’. 
(c) 
VAWA 
SELF-PETITIONERS.—Section 
204(a)(1)(K) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)(K)) is amended— 
(1) in the matter preceding clause (i), by strik-
ing ‘‘, the alien’’; 
(2) in clause (i), by inserting ‘‘the alien’’ before 
‘‘is eligible’’; and 
(3) by amending clause (ii) to read as follows: 
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‘‘(ii) notwithstanding any provision of 
this Act restricting eligibility for employ-
ment in the United States, the Secretary 
of Homeland Security shall grant employ-
ment 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 resi-
dent 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 ap-
proved.’’. 
(d) 
CANCELLATION
OF
REMOVAL.—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) WORK
AUTHORIZATION.—Notwith-
standing any provision of this Act granting eli-
gibility for employment in the United States, 
the Secretary of Homeland Security shall grant 
employment authorization to an alien who has 
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filed an application for cancellation of removal 
under this paragraph on a date that is not later 
than 180 days after the date on which the alien 
filed the application.’’. 
SEC. 5. STAY OF REMOVAL. 
(a) IN GENERAL.—An alien described in subsection 
(b) shall not be removed from the United States under 
section 240 of the Immigration and Nationality Act (8 
U.S.C. 1229a) or any other provision of law until there 
is a final denial of the alien’s application for status after 
the exhaustion of administrative and judicial review. 
(b) ALIENS DESCRIBED.—An alien is described in 
this subsection if the alien— 
(1) 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) of the 
Immigration and Nationality Act (8 U.S.C. 1101, 
1229a, 1254a); or 
(2) is a VAWA self-petitioner, as defined in sec-
tion 101(a)(51) of the Immigration and Nationality 
Act, with a pending application for relief under a 
provision referred to in one of subparagraphs (A) 
through (G) of such section. 
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SEC. 6. PROHIBITION ON DETENTION OF CERTAIN VICTIMS 
WITH PENDING PETITIONS AND APPLICA-
TIONS. 
Section 236 of the Immigration and Nationality Act 
(8 U.S.C. 1226) is amended by adding at the end the fol-
lowing: 
‘‘(a) PROHIBITION ON DETENTION OF CERTAIN VIC-
TIMS WITH PENDING 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) should be 
released from detention. The Secretary of Homeland 
Security shall have the duty of rebutting this pre-
sumption, which may only be shown based on clear 
and convincing evidence, including credible and indi-
vidualized information, that the use of alternatives 
to detention will not reasonably ensure the appear-
ance of the alien at removal proceedings, or that the 
alien is a threat to another person or the commu-
nity. The fact that an alien has a criminal charge 
pending against the alien may not be the sole factor 
to justify the continued detention of the alien. 
‘‘(2) ALIEN DESCRIBED.—An alien is described 
in this paragraph if the alien— 
‘‘(A) has a pending application under sec-
tion 
101(a)(15)(T), 
101(a)(15)(U), 
106, 
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240A(b)(2), or 244(a)(3) (as in effect on March 
31, 1997); or 
‘‘(B) is a VAWA self-petitioner, as defined 
in section 101(a)(51), with a pending applica-
tion for relief under a provision referred to in 
one of subparagraphs (A) through (G) of such 
section.’’. 
Æ 
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