‘‘(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 or approved application 
or 
petition 
under 
section 
101(a)(15)(T), 
101(a)(15)(U), 101(a)(27)(J), 106, 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 
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one of subparagraphs (A) through (G) of such 
section.’’. 
SEC. 8. PENALTIES FOR DISCLOSURE OF INFORMATION. 
(a) IN GENERAL.—Section 384 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1367) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘solely’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘information which re-
lates’’ and inserting ‘‘information, files, or 
records which relate’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(C) by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) Except as provided in this paragraph, nei-
ther the Department, nor any other official or em-
ployee of the Department, or bureau or agency 
thereof, nor the Department of Justice, nor any offi-
cial or employee of the Department of Justice, or 
bureau or agency thereof, may— 
‘‘(A) use the information furnished by the 
applicant pursuant to an application filed under 
paragraph (15)(T), (15)(U), (27)(J), or (51) of 
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section 101(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a) (15)(T), (15)(U), 
(27)(J), or (51)), or section 240A(b)(2) of such 
Act (8 U.S.C. 1229b(b)(2)), section 106 (8 
U.S.C. 1105a), 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 of information 
that identifies a particular individual; or 
‘‘(C) permit anyone other than the sworn 
officers and employees of the Department or 
bureau or agency to examine individual applica-
tions.’’; 
(2) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘legiti-
mate law enforcement purpose,’’ and inserting 
‘‘a criminal investigation or prosecution,’’; and 
(B) by striking paragraph (4) and insert-
ing the following new paragraph: 
‘‘(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 the restrictions of 
such subsections.’’; and 
(3) in subsection (d), by adding at the end the 
following: ‘‘The Attorney General, Secretary of 
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State, and the Secretary of Homeland Security shall 
provide Congress with an annual report regarding 
training provided to officers and employees, the 
number of investigations opened for violations of 
paragraphs (1) through (3) of subsection (a), and 
the results of those investigations.’’. 
Æ 
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