I 
117TH CONGRESS 
2D SESSION 
H. R. 9474 
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 
DECEMBER 8, 2022 
Ms. JAYAPAL (for herself, Ms. SCHAKOWSKY, Mr. ESPAILLAT, Mr. PANETTA, 
Ms. BARRAGA´N, Mr. BLUMENAUER, Ms. CHU, Mr. GARCI´A of Illinois, Ms. 
JACKSON LEE, Mr. JOHNSON of Georgia, Ms. LEE of California, Mr. 
LEVIN of Michigan, Mrs. CAROLYN B. MALONEY of New York, Mr. 
MCGOVERN, Ms. MENG, Ms. MOORE of Wisconsin, Mr. NADLER, Mrs. 
NAPOLITANO, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. OMAR, and Ms. 
TLAIB) introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committees on Ways and Means, 
Agriculture, Education and Labor, 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 of 2022’’ or as the 
‘‘WISE Act of 2022’’. 
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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clause (iii)’’ and inserting the following: ‘‘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)) is amended by striking sub-
clauses (II) and (III). 
(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)) is amended by in-
serting after ‘‘criminal activity described in clause (iii)’’ 
the following: ‘‘or civil violations as defined 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)) is amended— 
(1) in clause (ii)(II), by striking ‘‘and’’ at the 
end; 
(2) in clause (iii), by striking ‘‘or’’ at the end 
and inserting ‘‘and’’; and 
(3) by adding at the end the following: 
‘‘(iv) the term ‘civil violations’ refers 
to violations related to the activities de-
scribed in clause (iii) that may give rise to 
a civil or administrative investigation, pro-
ceeding or adjudication; or’’. 
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(e) ADDING QUALIFYING CRIMES AND CIVIL VIOLA-
TIONS.—Section 101(a)(15)(U) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended— 
(1) in clause (ii)(II), by striking ‘‘and’’ at the 
end; 
(2) by moving clause (iii) 2 ems to the left; and 
(3) 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
U VISA
NUMERICAL
LIMITA-
TION.—Section 214(p) of the Immigration and Nationality 
Act (8 U.S.C. 1184(p)) is amended by striking paragraph 
(2). 
(h) EMPLOYMENT AUTHORIZATION.—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 
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(2) 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. 
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.’’. 
(i) PAROLE FOR U VISA WAITLIST.—Petitioners for 
a visa under section 101(a)(15)(U) and qualifying family 
members abroad may 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) is amended to read as fol-
lows: 
‘‘(2) APPLICATION OF VAWA AND TVPA PROTEC-
TIONS.—The restrictions on relief under paragraph 
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(1) shall not apply to relief under section 1229b or 
1255 of this title on the basis of a petition filed by 
a U visa petitioner, or a petition filed under section 
101(a)(15)(U), a petition filed under section 
101(a)(27)(J) or adjustment of status application 
filed under section 245(h), a petition filed under sec-
tion 101(a)(15)(T), a VAWA self-petitioner, or a pe-
tition filed under section 240A(b)(2), or under sec-
tion 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 was pending’’. 
(3) Section 245(m)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1255(m)(3)) is amended 
by adding the following under ‘‘hardship’’. 
‘‘(A) CHILDREN.—An alien who seeks to 
adjust status or obtain an immigrant visa based 
upon a parent’s application for adjustment of 
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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 section 
245(m)(3), if the alien attains 21 years of age 
after such parent’s petition was filed. 
‘‘(B) PRINCIPAL
ALIENS.—A parent de-
scribed in paragraph (3) of section 235(m) shall 
continue to be treated as a parent 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 (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 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(51)) is amended— 
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(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— 
‘‘(1) shall grant admission to, or extend the pe-
riod of admission for, an abused derivative alien and 
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any child of that alien under the subparagraph of 
section 101(a)(15) pursuant to which the principal 
alien was admitted 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 renew a grant or an extension of sta-
tus made under paragraph (1); 
‘‘(3) shall grant employment authorization to 
an abused derivative alien and any 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 ad-
missible 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) An alien whose parent was granted status 
under this section, and who was under 21 years of 
age on the date on which such parent petitioned for 
such status, shall continue to be classified as a child 
if the alien attains 21 years of age after such par-
ent’s petition was filed. 
‘‘(2) 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 treated 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 abuse 
was at least one central reason for the filing delay. 
‘‘(d) RELATIONSHIP CONSIDERATIONS.— 
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‘‘(1) The death of the principal alien shall not 
affect the status of an abused derivative alien under 
this section. 
‘‘(2) The principal alien’s loss of status or ter-
mination of the 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 termi-
nation of the relationship or loss of status. 
‘‘(3) An alien who is the spouse of a principal 
alien who believed that he or she had married the 
principal alien and with whom a marriage ceremony 
was actually performed and who otherwise meets any 
applicable requirements under this Act to establish 
the existence of and bona fides of a marriage, but 
whose marriage is not legitimate solely because of 
the bigamy of the principal alien. 
‘‘(e) EFFECT OF TERMINATION OF RELATIONSHIP.— 
Termination of the 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 termination of the rela-
tionship. 
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‘‘(f) 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). 
‘‘(g) DERVATIVES.— 
‘‘(1) DERIVATIVE STATUS.—Upon approval of 
adjustment of status of an alien described in this 
section, the Secretary of Homeland Security may ad-
just the status to that of an alien lawfully admitted 
for permanent residence or issue an immigrant visa 
to 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 if the Secretary con-
siders the grant of such status or visa necessary to 
avoid extreme hardship to the alien who received 
status pursuant to this section or any derivative ben-
eficiary of such alien. 
‘‘(2) RECORDING.—Upon the approval of ad-
justment of status under paragraph (1), the Sec-
retary of Homeland Security shall record the alien’s 
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lawful admission for permanent residence as of the 
date of such approval.’’. 
(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.’’. 
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) should be 
released from detention without conditions. The Sec-
retary of Homeland Security may rebut the pre-
sumption if the Secretary established by clear and 
convincing evidence, including credible and individ-
ualized information, that the use of alternatives to 
detention will not reasonably ensure the appearance 
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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, 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; 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: 
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(1) in subsection (a)(1), by striking ‘‘solely’’ 
after ‘‘furnished’’; 
(2) in subsection (a)(2), by inserting ‘‘files, or 
records,’’ after ‘‘information,’’ and strike ‘‘s’’ from 
‘‘relates’’; 
(3) in subsection (a), by adding at the end the 
following: 
‘‘(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 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 
can be identified; or 
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‘‘(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 the restrictions 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: 
‘‘(e) REMEDIAL MEASURES.—The Attorney General, 
Secretary of State, and the Secretary of Homeland Secu-
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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 that 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 
stricken 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: 
‘‘(A) The term ‘appropriate committees of Con-
gress’ means— 
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‘‘(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; 
‘‘(iii) the immediate arrest or pursuit of an 
individual who poses a public safety threat; or 
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‘‘(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 
action involving a specific individual or individ-
uals authorized by— 
‘‘(I) a Chief Patrol Agent; 
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‘‘(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, 
emergent or urgent care facility, or community 
health center; 
‘‘(ii) any public or private school, including 
any known and licensed day care facility, pre-
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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 
‘‘(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-
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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— 
‘‘(i) the action involves exigent circumstances; 
and 
‘‘(ii) prior approval for the enforcement action 
was obtained from the appropriate official. 
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‘‘(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 
‘‘(iii) any individual designated to perform im-
migration enforcement functions pursuant to sub-
section (g). 
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‘‘(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. 
‘‘(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 
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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 his or her super-
vision 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; 
‘‘(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; 
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‘‘(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 
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 
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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; 
‘‘(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; 
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