I 
119TH CONGRESS 
1ST SESSION H. R. 2851 
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 
APRIL 10, 2025 
Ms. JAYAPAL (for herself, Ms. SCHAKOWSKY, Mr. ESPAILLAT, Mr. PANETTA, 
Ms. ANSARI, Ms. BALINT, Ms. BARRAGA´N, Mr. CARBAJAL, Mr. CASAR, 
Mr. CASTEN, Mr. CASTRO of Texas, Ms. CHU, Mr. GARCI´A of Illinois, 
Mr. GOLDMAN of New York, Ms. HOYLE of Oregon, Mr. JOHNSON of 
Georgia, Mr. KHANNA, Mr. LICCARDO, Mr. MCGOVERN, Ms. MENG, Ms. 
MOORE of Wisconsin, Ms. MORRISON, Ms. NORTON, Ms. OCASIO-CORTEZ, 
Ms. OMAR, Mrs. RAMIREZ, Ms. SCANLON, Ms. SIMON, Mr. SMITH of 
Washington, Ms. STANSBURY, Mr. THANEDAR, Ms. TLAIB, Ms. 
VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, and Ms. WILLIAMS of Georgia) 
introduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committees on Ways and Means, Agri-
culture, Education and 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 jurisdic-
tion of the committee concerned 
A BILL 
To extend immigration benefits to survivors of domestic vio-
lence, sexual assault, human trafficking, and other gen-
der-based violence, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Working for Immi-
grant Safety and Empowerment Act’’ or as the ‘‘WISE 
Act’’. 
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 Con-
gress that the Secretary of Homeland Security should re-
duce 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 strik-
ing the semicolon after ‘‘criminal activity described in 
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a civil or administrative investigation, pro-
ceeding or adjudication; or’’. 
(e) ADDING QUALIFYING CRIMES AND CIVIL VIOLA-
TIONS.—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 Im-
migration 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 LIMI-
TATION.—Section 214(p) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(p)) is amended by striking para-
graph (2). 
(h) EMPLOYMENT AUTHORIZATION.—Section 214(p) 
of the Immigration and Nationality Act (8 U.S.C. 
1184(p)) is amended— 
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(1) in paragraph (3)(B), by striking ‘‘during 
the period those aliens are in lawful temporary resi-
dent status under that subsection, provide the aliens 
with employment authorization’’ and inserting ‘‘pro-
vide the aliens with employment authorization pur-
suant to paragraph (8)’’; 
(2) in paragraph (6)— 
(A) in the first sentence by striking ‘‘than 
4 years’’ and all that follows through the pe-
riod; 
(B) in the second sentence, strike ‘‘excep-
tional’’ 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 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 
‘‘(B) a date determined by the Secretary 
that is not later than 180 days after the date 
on which the alien filed the application. 
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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 resi-
dent 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 PROTEC-
TIONS.—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); 
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‘‘(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 amend-
ed— 
(A) by inserting ‘‘(A) IN GENERAL.—’’ be-
fore ‘‘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 
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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 ad-
justment of status, shall continue to be classi-
fied 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 de-
scribed subparagraph (A) shall continue to be 
treated as a parent for purposes of this para-
graph 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 BAT-
TERED SPOUSES AND CHILDREN.—Section 101(a)(51) of 
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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 Immi-
gration 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 cru-
elty by such principal alien. 
‘‘(b) RELIEF FOR ABUSED DERIVATIVE ALIENS.— 
The Secretary of Homeland Security— 
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‘‘(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 prin-
cipal alien was initially admitted; or 
‘‘(B) 3 years; 
‘‘(2) may extend any period of admission under 
paragraph (1) as the Secretary determines appro-
priate; 
‘‘(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 res-
idence 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 
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‘‘(III) is otherwise in the public inter-
est; 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 ad-
justed 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 pe-
tition 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 be-
fore 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. 
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‘‘(d) RELATIONSHIP CONSIDERATIONS.— 
‘‘(1) IN GENERAL.—The death of the principal 
alien shall not affect the status of an abused deriva-
tive alien under this section. 
‘‘(2) EFFECT OF LOSS OF STATUS OR TERMI-
NATION
OF
RELATIONSHIP.—The principal alien’s 
loss of status or the legal termination of the abused 
derivative alien’s familial or marital relationship 
with the principal alien shall not affect the status of 
an abused derivative alien under this section if bat-
tery 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 per-
formed; and 
‘‘(C) who otherwise meets any applicable 
requirements under this Act to establish the ex-
istence 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 
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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 ex-
tent necessary to avoid extreme hardship to the 
abused derivative alien or a covered derivative of the 
abused derivative alien, adjust the status of a cov-
ered derivative of the abused derivative alien to that 
of an alien lawfully admitted for permanent resi-
dence or issue an immigrant visa to such covered de-
rivative. 
‘‘(2) RECORDING.—Upon the approval of ad-
justment of status under paragraph (1), the Sec-
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retary 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 sub-
section, the term ‘covered derivative’ means, with re-
spect 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.—Ad-
mission and eligibility for adjustment of status under sub-
section (b) shall not preclude adjustment of status based 
on other grounds for which the alien is eligible.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents 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 insert-
ing 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 applica-
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tion 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 fol-
lowing: 
‘‘(f) PROHIBITION ON DETENTION OF CERTAIN VIC-
TIMS WITH PENDING OR APPROVED PETITIONS AND AP-
PLICATIONS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this Act, there shall be a presumption 
that the alien described in paragraph (2) shall be re-
leased from detention without conditions. The Sec-
retary of Homeland Security may rebut the pre-
sumption if the Secretary determines, based on clear 
and convincing evidence that is retained in the 
record, including credible and individualized infor-
mation, that the use of alternatives to detention will 
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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 sec-
tion 
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)— 
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(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 Immi-
gration 
and 
Nationality 
Act, 
or 
section 
240A(b)(2) of such Act, for any purpose other 
than to make a determination on the applica-
tion, or for enforcement of subsection (c) of this 
section; 
‘‘(B) make any publication whereby the in-
formation furnished by any particular individual 
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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 applica-
tions.’’; 
(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 re-
strictions 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: 
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‘‘(e) REMEDIAL MEASURES.—The Attorney General, 
Secretary of State, and the Secretary of Homeland Secu-
rity 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 determina-
tion that a violation did not occur. 
‘‘(f) CAUSE OF ACTION.—An individual who is in-
jured by a violation of this section may bring a civil action 
for appropriate relief, including an order to strike any in-
formation 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 Home-
land Security shall each report on the number of employ-
ees sanctioned for violations of this section.’’. 
SEC. 7. POWERS OF IMMIGRATION OFFICERS AND EMPLOY-
EES AT PROTECTED AREAS. 
Section 287 of the Immigration and Nationality Act 
(8 U.S.C. 1357) is amended by adding at the end the fol-
lowing: 
‘‘(i)(1) In this subsection: 
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‘‘(A) The term ‘appropriate committees of Con-
gress’ 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, inter-
view, request for identification, search, or sur-
veillance for the purposes of immigration en-
forcement; 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 agen-
cy. 
‘‘(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; 
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‘‘(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 enforce-
ment action involving a specific individual or in-
dividuals authorized by— 
‘‘(I) the Assistant Director of Oper-
ations, Homeland Security Investigations; 
‘‘(II) the Executive Associate Director 
of Homeland Security Investigations; 
‘‘(III) the Assistant Director for Field 
Operations, Enforcement and Removal Op-
erations; or 
‘‘(IV) the Executive Associate Direc-
tor 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 
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action involving a specific individual or individ-
uals 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 indi-
vidual 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 treat-
ment or health care facility, including any hos-
pital, doctor’s office, accredited health clinic, al-
cohol or drug treatment center, site that serves 
pregnant individuals, vaccination or testing site, 
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emergent or urgent care facility, or community 
health center; 
‘‘(ii) any public or private school, including 
any known and licensed day care facility, pre-
school, other early learning program facility, 
primary school, secondary school, postsecondary 
school (including colleges and universities), or 
other institution of learning (including voca-
tional or trade schools); 
‘‘(iii) any scholastic or education-related 
activity or event, including field trips and inter-
scholastic 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 individ-
uals, victims of crime or abuse, or individ-
uals with significant mental or physical 
disabilities; or 
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‘‘(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, re-
treats, counseling, workshops, instruction, and 
education; 
‘‘(viii) any Federal, State, or local court-
house, 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— 
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‘‘(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 per-
mitting the enforcement action cease, the enforcement ac-
tion shall be discontinued until such exigent circumstances 
reemerge. 
‘‘(C) If an enforcement action is carried out in viola-
tion of this subsection— 
‘‘(i) no information resulting from the enforce-
ment action may be entered into the record or re-
ceived into evidence in a removal proceeding result-
ing from the enforcement action; and 
‘‘(ii) the alien who is the subject of such re-
moval proceeding may file a motion for the imme-
diate termination of the removal proceeding. 
‘‘(3)(A) This subsection shall apply to any enforce-
ment 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 
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‘‘(iii) any individual designated to perform im-
migration enforcement functions pursuant to sub-
section (g). 
‘‘(B) While carrying out an enforcement action at a 
protected area, officers and agents referred to in subpara-
graph (A) shall make every effort— 
‘‘(i) to limit the time spent at the protected 
area; 
‘‘(ii) to limit the enforcement action at the pro-
tected 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 exi-
gent circumstance and prior approval with respect to the 
protected area exists, such officers or agents shall— 
‘‘(i) cease before taking any further enforce-
ment 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. 
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‘‘(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 Re-
form 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. Immi-
gration and Customs Enforcement; 
‘‘(iii) each Special Agent in Charge of U.S. Im-
migration and Customs Enforcement; 
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‘‘(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 mod-
ify 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 sub-
section and the remedies available to the alien if 
such action violates such restrictions; 
‘‘(B) so that the information described in sub-
paragraph (A) is accessible to individuals with lim-
ited English proficiency; and 
‘‘(C) so that subjects of an enforcement action 
are not permitted to verify that the officers or 
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agents that carried out such action complied with 
the restrictions set forth in this subsection. 
‘‘(6)(A) The Director of U.S. Immigration and Cus-
toms 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 in-
volved in the enforcement action; 
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‘‘(IV) a description of the enforcement ac-
tion, including the nature of the criminal activ-
ity of its intended target; 
‘‘(V) the number of individuals, if any, ar-
rested 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 offi-
cials 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 immigra-
tion; or 
‘‘(ii) to protect residents from imminent 
threats to public safety; or 
‘‘(B) to limit or override the protections pro-
vided in— 
‘‘(i) section 239; or 
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‘‘(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 VIO-
LENCE 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 fol-
lows: 
‘‘(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
DETERMINA-
TION FOR DOMESTIC VIOLENCE SURVIVORS.—A 
determination of whether an individual is eligi-
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ble for or entitled to relief under this paragraph 
or any prior provision of law providing com-
parable relief, shall be subject to judicial re-
view.’’. 
(2) REVIEW OF ORDERS OF REMOVAL OF DO-
MESTIC
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 sec-
tion 240A(b)(2), an applicant or petitioner for 
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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 LAW-
FULLY 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 re-
pealed. 
(2) NOTIFICATION AND INFORMATION REPORT-
ING.—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 Rec-
onciliation 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 ap-
pears and inserting ‘‘noncitizen’’; 
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(C) by striking ‘‘aliens’’ each place it ap-
pears and inserting ‘‘noncitizens’’; 
(D) by striking ‘‘alien’s’’ each place it ap-
pears 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 noncit-
izen’’; 
(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 ‘‘QUALI-
FIED
ALIENS’’ and inserting ‘‘QUALI-
FIED NONCITIZENS’’; and 
(ii) in subsection (a)(2)(L), by strik-
ing ‘‘QUALIFIED
ALIENS’’ and inserting 
‘‘QUALIFIED NONCITIZENS’’; 
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