222 
SEC. 3404. INCREASED IMMIGRANT VISAS FOR OTHER 
WORKERS. 
Section 203(b) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)) is amended— 
(1) in paragraph (1) by striking ‘‘28.6’’ and in-
serting ‘‘23.55’’; 
(2) in paragraph (2)(A) by striking ‘‘28.6’’ and 
inserting ‘‘23.55’’; 
(3) in paragraph (3)— 
(A) in subparagraph (A), in the matter be-
fore clause (i), by striking ‘‘28.6’’ and inserting 
‘‘41.2’’; and 
(B) in subparagraph (B), by striking 
‘‘10,000’’ and inserting ‘‘40,000’’; 
(4) in paragraph (4), by striking ‘‘7.1’’ and in-
serting ‘‘5.85’’; and 
(5) in paragraph (5)(A), in the matter before 
clause (i), by striking ‘‘7.1’’ and inserting ‘‘5.85’’. 
SEC. 3405. FLEXIBLE ADJUSTMENTS TO EMPLOYMENT- 
BASED IMMIGRANT VISA PROGRAM. 
Section 203(b) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)), as amended by section 3404, is 
further amended by adding at the end the following: 
‘‘(7) GEOGRAPHIC
AND
LABOR
MARKET
AD-
JUSTMENTS.—The Secretary of Homeland Security, 
in consultation with the Secretary of Labor, may es-
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tablish, by regulation, a procedure for temporarily 
limiting the admission of immigrants described in 
paragraphs (2) and (3) in geographic areas or labor 
market sectors that are experiencing high levels of 
unemployment.’’. 
SEC. 3406. REGIONAL ECONOMIC DEVELOPMENT IMMI-
GRANT VISA PILOT PROGRAM. 
(a) PILOT PROGRAM FOR REGIONAL ECONOMIC DE-
VELOPMENT VISAS.—Notwithstanding the numerical limi-
tations in the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.), the Secretary may establish a pilot program 
for the annual admission of not more than 10,000 admis-
sible immigrants whose employment is essential to the eco-
nomic development strategies of the cities or counties in 
which they will live or work. 
(b) LABOR CERTIFICATION.—The requirements of 
section 212(a)(5) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(5)) shall apply to the pilot program au-
thorized under this section. 
(c) DURATION.—The Secretary shall determine the 
duration of the pilot program authorized under this sec-
tion, which may not exceed 5 years. 
(d) RULEMAKING.—The Secretary, in consultation 
with the Secretary of Labor, shall issue regulations to im-
plement the pilot program authorized under this section. 
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SEC. 3407. WAGE-BASED CONSIDERATION OF TEMPORARY 
WORKERS. 
Section 212(p) is amended by adding at the end the 
following: 
‘‘(5) In determining the order in which visas shall be 
made available to nonimmigrants described in section 
101(a)(15)(H)(i)(b), and to any other category of non-
immigrants deemed appropriate by the Secretary of 
Homeland Security, the Secretary of Homeland Security, 
in consultation with the Secretary of Labor, may issue 
regulations to establish procedures for prioritizing such 
visas based on the wages offered by employers.’’. 
SEC. 3408. CLARIFYING DUAL INTENT FOR POSTSEC-
ONDARY STUDENTS. 
(a) IN GENERAL.—Section 101(a)(15)(F)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(F)(i)) is amended by striking ‘‘an alien hav-
ing a residence in a foreign country which he has no inten-
tion of abandoning, who is a bona fide student qualified 
to pursue a full course of study and who’’ and inserting 
‘‘a noncitizen who is a bona fide student qualified to pur-
sue a full course of study, who (except for a student quali-
fied to pursue a full course of study at an institution of 
higher education) has a residence in a foreign country 
which the noncitizen has no intention of abandoning, and 
who’’. 
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(b) CONFORMING AMENDMENTS.—Section 214 of the 
Immigration and Nationality Act (8 U.S.C. 1184) is 
amended— 
(1) in subsection (b), by striking ‘‘(other than 
a nonimmigrant’’ and inserting ‘‘(other than a non-
immigrant described in section 101(a)(15)(F) if the 
noncitizen is qualified to pursue a full course of 
study at an institution of higher education, other 
than a nonimmigrant’’; and 
(2) in subsection (h), by inserting ‘‘(F) (if the 
noncitizen is qualified to pursue a full course of 
study at an institution of higher education),’’ before 
‘‘H(i)(b)’’. 
SEC. 3409. H–4 VISA REFORM. 
(a) PROTECTING CHILDREN WITH H–4 VISAS WHO 
AGE OUT OF STATUS.— 
(1) IN GENERAL.—Section 214(g)(4) of the Im-
migration and Nationality Act (8 U.S.C. 1184(g)(4)) 
is amended to read as follows: 
‘‘(4)(A) Except as provided in subparagraphs 
(B) and (C), the period of authorized admission of 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(i)(b) may not exceed 6 years. 
‘‘(B) The Secretary of Homeland Security may 
grant an extension of nonimmigrant status under 
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section 101(a)(15)(H)(i)(b) to a nonimmigrant until 
such nonimmigrant’s application for adjustment of 
status has been processed if such nonimmigrant— 
‘‘(i) is the beneficiary of a petition filed 
under section 204(a) for a preference status 
under paragraph (1), (2), or (3) of section 
203(b); and 
‘‘(ii) is eligible to be granted such status. 
‘‘(C) A child of a nonimmigrant described in 
subparagraph (B) who accompanied or followed to 
join such nonimmigrant may apply for and receive 
an extension of his or her nonimmigrant status re-
gardless of age, if— 
‘‘(i) the nonimmigrant parent described in 
subparagraph (B) maintains his or her non-
immigrant status; and 
‘‘(ii) the child was younger than 18 years 
of age when he or she was first granted non-
immigrant status as a noncitizen accompanying 
or following to join such nonimmigrant par-
ent.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
203(h) of the Immigration and Nationality Act (8 
U.S.C. 1153(h)) is amended by adding at the end 
the following: 
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‘‘(5) H–4 VISA
HOLDERS.—Notwithstanding 
paragraph (1), a determination of whether a non-
immigrant described in section 214(g)(4)(C) satisfies 
the age requirement for purposes of a derivative visa 
or adjustment of status application under paragraph 
(1), (2), or (3) of section 203(b) shall be made using 
the age of the nonimmigrant on the date on which 
the petitioner files a petition on behalf of the parent 
beneficiary with the Secretary of Homeland Security 
(or the Secretary of State, if applicable), unless the 
filing of the petition was preceded by the filing of a 
labor certification with the Secretary of Labor, in 
which case that date shall be used to identify the 
age of such nonimmigrant.’’. 
(b) 
WORK
AUTHORIZATION
FOR
H–4 
NON-
IMMIGRANTS.—Section 214 of the Immigration and Na-
tionality Act (8 U.S.C. 1184), as amended by subsection 
(a)(1), is further amended by adding at the end the fol-
lowing: 
‘‘(s) WORK
AUTHORIZATION
FOR
H–4 NON-
IMMIGRANTS.—The Secretary of Homeland Security shall 
authorize a nonimmigrant spouse or child who is accom-
panying or following to join a nonimmigrant described in 
section 101(a)(15)(H)(i)(b) to engage in employment in 
the United States and shall provide such nonimmigrant 
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228 
spouse or child with an ‘employment authorized’ endorse-
ment or other appropriate work permit.’’. 
SEC. 3410. EXTENSIONS RELATED TO PENDING PETITIONS. 
Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184), as amended by sections 1204(b), 
3107(b), 3408(b), and 3409, is further amended by add-
ing at the end the following: 
‘‘(t) EXTENSION OF STATUS IN CASES OF LENGTHY 
ADJUDICATIONS.— 
‘‘(1) EXEMPTION
FROM
LIMITATIONS.—Not-
withstanding subsections (c)(2)(D), (g)(4), and 
(m)(1)(B)(i), the authorized stay of a noncitizen who 
was previously issued a visa or otherwise provided 
nonimmigrant status under subparagraph (F), 
(H)(i)(B), (L), or (O) of section 101(a)(15) may be 
extended pursuant to paragraph (2) if 365 days or 
more have elapsed since the filing of— 
‘‘(A) an application for labor certification 
under section 212(a)(5)(A) if certification is re-
quired or used by a noncitizen to obtain status 
under section 203(b); or 
‘‘(B) a petition described in section 204(b) 
to obtain immigrant status under section 
203(b). 
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‘‘(2) EXTENSION OF STATUS.—The Secretary 
of Homeland Security shall extend the stay of a non-
citizen who qualifies for an extension under para-
graph (1) in 1-year increments until a final decision 
is made— 
‘‘(A) to deny the application described in 
paragraph (1)(A) or, in a case in which such 
application is granted, to deny a petition de-
scribed in paragraph (1)(B) filed on behalf of 
the noncitizen pursuant to such grant; 
‘‘(B) to deny the petition described in 
paragraph (1)(B); or 
‘‘(C) to grant or deny the noncitizen’s ap-
plication for an immigrant visa or adjustment 
of status to that of a noncitizen lawfully admit-
ted for permanent residence. 
‘‘(3) WORK AUTHORIZATION.—The Secretary of 
Homeland Security shall authorize any noncitizen 
whose stay is extended under this subsection to en-
gage in employment in the United States and pro-
vide such noncitizen with an ‘employment authorized 
endorsement’ or other appropriate work permit.’’. 
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230 
Subtitle E—Promoting Immigrant 
and Refugee Integration 
SEC. 3501. DEFINITION OF FOUNDATION. 
In this subtitle, the term ‘‘Foundation’’ means the 
United States Citizenship and Integration Foundation es-
tablished under section 3502. 
SEC. 3502. UNITED STATES CITIZENSHIP AND INTEGRATION 
FOUNDATION. 
(a) 
ESTABLISHMENT.—The 
Secretary, 
acting 
through the Director of U.S. Citizenship and Immigration 
Services, shall establish a nonprofit corporation or a not- 
for-profit, public benefit, or similar entity, which shall be 
known as the ‘‘United States Citizenship and Integration 
Foundation’’. 
(b) GIFTS TO FOUNDATION.—To carry out the pur-
poses set forth in subsection (c), the Foundation may— 
(1) solicit, accept, and make gifts of money and 
other property in accordance with section 501(c)(3) 
of the Internal Revenue Code of 1986; 
(2) engage in coordinated work with the De-
partment of Homeland Security, including U.S. Citi-
zenship and Immigration Services; and 
(3) accept, hold, administer, invest, and spend 
any gift, devise, or bequest of real or personal prop-
erty made to the Foundation. 
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(c) PURPOSES.—The purposes of the Foundation 
are— 
(1) to spur innovation in the promotion and ex-
pansion of citizenship preparation programs for law-
ful permanent residents; 
(2) to evaluate and identify best practices in 
citizenship promotion and preparation and to make 
recommendations to the Secretary about how to 
bring such best practices to scale; 
(3) to support direct assistance for noncitizens 
seeking lawful permanent resident status or natu-
ralization as a United States citizen; and 
(4) to coordinate immigrant integration with 
State and local entities. 
(d) ACTIVITIES.—The Foundation shall carry out the 
purposes described in subsection (c) by— 
(1) making United States citizenship instruc-
tion and naturalization application services acces-
sible to low-income and other underserved lawful 
permanent resident populations; 
(2) developing, identifying, and sharing best 
practices in United States citizenship promotion and 
preparation; 
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(3) supporting innovative and creative solutions 
to barriers faced by noncitizens seeking naturaliza-
tion; 
(4) increasing the use of, and access to, tech-
nology in United States citizenship preparation pro-
grams; 
(5) engaging communities receiving immigrants 
in the United States citizenship and civic integration 
process; 
(6) fostering public education and awareness; 
(7) coordinating the immigrant integration ef-
forts of the Foundation with such efforts of U.S. 
Citizenship and Immigration Services; and 
(8) awarding grants to State and local govern-
ments under section 3503. 
(e) COUNCIL OF DIRECTORS.— 
(1) MEMBERS.—To the extent consistent with 
section 501(c)(3) of the Internal Revenue Code of 
1986, the Foundation shall have a council of direc-
tors (referred to in this section as the ‘‘Council’’), 
which shall be composed of— 
(A) the Director of U.S. Citizenship and 
Immigration Services; and 
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(B) 10 individuals appointed by the Direc-
tor of U.S. Citizenship and Immigration Serv-
ices. 
(2) QUALIFICATIONS.—In appointing individ-
uals under paragraph (1)(B), the Director of U.S. 
Citizenship and Immigration Services shall consider 
individuals with experience in national private and 
public nonprofit organizations that promote and as-
sist lawful permanent residents with naturalization. 
(3) TERMS.—A member of the Council de-
scribed in paragraph (1)(B) shall be appointed for a 
term of 4 years, except that, of the members first 
appointed, 5 members shall be appointed for a term 
of 2 years, which may be followed by renewable 4- 
year terms. 
(f) EXECUTIVE DIRECTOR.— 
(1) IN GENERAL.—The Council shall, by major-
ity vote, appoint for 6-year renewable terms an exec-
utive director of the Foundation, who shall oversee 
the day-to-day operations of the Foundation. 
(2) RESPONSIBILITIES.—The executive director 
shall carry out the purposes described in subsection 
(c) on behalf of the Foundation by— 
(A) accepting, holding, administering, in-
vesting, and spending any gift, devise, or be-
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quest of real or personal property made to the 
Foundation; 
(B) entering into contracts and other fi-
nancial assistance agreements with individuals, 
public or private organizations, professional so-
cieties, and government agencies to carry out 
the purposes of the Foundation; 
(C) entering into such other contracts, 
leases, cooperative agreements, and other trans-
actions as the executive director considers ap-
propriate to carry out the activities of the 
Foundation; and 
(D) charging such fees for professional 
services furnished by the Foundation as the ex-
ecutive director considers reasonable and appro-
priate. 
(g) TIMELINE.—The Foundation shall be established 
and operational not later than 1 year after the date of 
the enactment of this Act. 
SEC. 3503. PILOT PROGRAM TO PROMOTE IMMIGRANT IN-
TEGRATION AT STATE AND LOCAL LEVELS. 
(a) GRANTS AUTHORIZED.—The Chief of the Office 
of Citizenship of U.S. Citizenship and Immigration Serv-
ices (referred to in this section as the ‘‘Chief’’) shall estab-
lish a pilot program through which the Chief may award 
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grants, on a competitive basis, to States and local govern-
ments and other qualifying entities in collaboration with 
States and local governments— 
(1) to establish new immigrant councils to carry 
out programs to integrate new immigrants; and 
(2) to carry out programs to integrate new im-
migrants. 
(b) QUALIFYING
ENTITIES.—Qualifying entities 
under this section may include— 
(1) an educational institution; 
(2) a private organization; 
(3) a community-based organization; or 
(4) a nonprofit organization. 
(c) APPLICATION.—A State or local government, or 
other qualifying entity in collaboration with a State or 
local government, seeking a grant under this section shall 
submit an application to the Chief at such time, in such 
manner, and containing such information as the Chief 
may reasonably require, including— 
(1) a proposal to carry out 1 or more activities 
described in subsection (d)(3); 
(2) the estimated number of new immigrants 
residing in the geographic area of the applicant; and 
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(3) a description of the challenges in intro-
ducing and integrating new immigrants into the 
State or local community. 
(d) ACTIVITIES.—A grant awarded under this sub-
section shall be used— 
(1) to form a new immigrant council, which 
shall— 
(A) consist of not fewer than 15 individ-
uals and not more than 19 representatives of 
the State or local government or qualifying or-
ganization, as applicable; 
(B) include, to the extent practicable, rep-
resentatives from— 
(i) business; 
(ii) faith-based organizations; 
(iii) civic organizations; 
(iv) philanthropic organizations; 
(v) nonprofit organizations, including 
nonprofit organizations with legal and ad-
vocacy experience working with immigrant 
communities; 
(vi) key education stakeholders, such 
as State educational agencies, local edu-
cational agencies (as defined in section 
8101 of the Elementary and Secondary 
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Education Act of 1965 (20 U.S.C. 7801)), 
community colleges, and teachers; 
(vii) State adult education offices; 
(viii) State or local public libraries; 
and 
(ix) State or local governments; and 
(C) meet not less frequently than quar-
terly; 
(2) to provide subgrants to local communities, 
city governments, municipalities, nonprofit organiza-
tions (including veterans’ and patriotic organiza-
tions), or other qualifying entities; 
(3) to develop, implement, expand, or enhance 
a comprehensive plan to introduce and integrate new 
immigrants into the applicable State by— 
(A) improving English language skills; 
(B) engaging caretakers with limited 
English proficiency in their child’s education 
through interactive parent and child literacy ac-
tivities; 
(C) improving and expanding access to 
workforce training programs; 
(D) teaching United States history, civics 
education, and citizenship rights and respon-
sibilities; 
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(E) promoting an understanding of the 
form of government and history of the United 
States and the principles of the Constitution of 
the United States; 
(F) improving financial literacy; and 
(G) focusing on other key areas of impor-
tance to integration in United States society; 
and 
(4) to engage communities receiving immigrants 
in the citizenship and civic integration process by— 
(A) increasing local service capacity; 
(B) building meaningful connections be-
tween new immigrants and long-time residents; 
(C) communicating the contributions of 
communities receiving new immigrants; and 
(D) engaging leaders from all sectors of 
the community. 
(e) REPORTING AND EVALUATION.— 
(1) ANNUAL REPORT.—Not less frequently than 
annually, each recipient of a grant under this section 
shall submit to the Chief a report that describes, for 
the preceding calendar year— 
(A) the activities undertaken by the grant 
recipient, including the manner in which such 
activities meet the goals of the Foundation and 
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the comprehensive plan referred to in sub-
section (d)(3); 
(B) the geographic area being served; 
(C) the estimated number of immigrants in 
such area; and 
(D) the primary languages spoken in such 
area. 
(2) ANNUAL EVALUATION.—Not less frequently 
than annually, the Chief shall conduct an evaluation 
of the grant program under this section— 
(A) to assess and improve the effectiveness 
of the grant program; 
(B) to assess the future needs of immi-
grants and of State and local governments with 
respect to immigrants; and 
(C) to ensure that grantees, recipients, and 
subgrantees are acting within the scope and 
purpose of this section. 
SEC. 3504. ENGLISH AS A GATEWAY TO INTEGRATION 
GRANT PROGRAM. 
(a) AUTHORIZATION.—The Assistant Secretary for 
Career, Technical, and Adult Education in the Depart-
ment of Education (referred to in this section as the ‘‘As-
sistant Secretary’’) shall award English as a Gateway to 
Integration grants to eligible entities. 
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(b) ELIGIBILITY.—An entity eligible to receive a 
grant under this section is a State or unit of local govern-
ment, a private organization, an educational institution, 
a community-based organization, or a nonprofit organiza-
tion that— 
(1) in the case of any applicant that has pre-
viously received a grant under this section, uses 
matching funds from non-Federal sources, which 
may include in-kind contributions, equal to 25 per-
cent of the amount received from the English as a 
Gateway to Integration program to carry out such 
program; 
(2) submits to the Assistant Secretary an appli-
cation at such time, in such manner, and containing 
such information as the Assistant Secretary may 
reasonably require, including— 
(A) a description of the target population 
to be served, including demographics, literacy 
levels, and English language levels of the target 
population; and 
(B) the assessment and performance meas-
ures that the grant recipient plans to use to 
evaluate the English language learning progress 
of students and overall success of the instruc-
tion and program; 
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241 
(3) demonstrates collaboration with public and 
private entities to provide the instruction and assist-
ance described in subsection (c)(1); 
(4) provides English language programs that— 
(A) teach English language skills to limited 
English proficient (LEP) individuals who— 
(i) have less than a United States 
high school diploma; or 
(ii) are parents who are caretakers of 
young children; 
(B) support and promote the social, eco-
nomic, and civic integration of adult English 
language learners and their families; 
(C) equip adult English language learners 
for ongoing, independent study and learning be-
yond the classroom or formal instruction; and 
(D) incorporate the use of technology to 
help students develop digital literacy skills; and 
(5) is located in— 
(A) 1 of the 10 States with the highest 
rate of foreign-born residents; or 
(B) a State that has experienced a large 
increase in the population of immigrants during 
the most recent 10-year period, based on data 
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242 
compiled by the Office of Immigration Statistics 
or the Census Bureau. 
(c) USE OF FUNDS.— 
(1) IN GENERAL.—Funds awarded under this 
section shall be used to provide English language in-
struction to adult English language learners. Such 
instruction shall advance the integration of students 
to help them— 
(A) build their knowledge of United States 
history and civics; 
(B) prepare for United States citizenship 
and the naturalization process; 
(C) gain digital literacy; 
(D) understand and navigate the early 
childhood, K–12, and postsecondary education 
systems; 
(E) gain financial literacy; 
(F) build an understanding of the housing 
market and systems in the United States; 
(G) learn about and access the United 
States, State, and local health care systems; 
(H) prepare for a high school equivalency 
diploma or postsecondary training or education; 
and 
(I) prepare for and secure employment. 
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(2) DESIGN
OF
PROGRAM.—Funds awarded 
under this section shall be used to support an in-
structional program that may include the following 
elements: 
(A) English language instruction in a 
classroom setting, provided that such setting is 
in a geographic location accessible to the popu-
lation served. 
(B) Online English language instruction 
and distance learning platforms. 
(C) Educational support and specialized 
instruction for English language learners with 
low levels of literacy in their first language. 
(D) Other online and digital components, 
including the use of mobile phones. 
(d) CERTIFICATION.—To receive a payment under 
this section, a participating entity shall submit to the As-
sistant Secretary a certification that the proposed uses of 
grant funds by the entity are consistent with this section 
and meet all necessary criteria determined by the Assist-
ant Secretary. 
(e) ANNUAL REPORT AND EVALUATION.—Not later 
than 90 days after the end of each fiscal year for which 
an entity receives grant funds under this section, the enti-
ty shall submit to the Assistant Secretary the following: 
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(1) A report that describes— 
(A) the activities undertaken by the entity 
that were funded entirely or partially by the 
grant funds; 
(B) the geographic area served by the 
grant funds; 
(C) the number of immigrants in such 
area; 
(D) the primary languages spoken in such 
area; 
(E) the number of adult English language 
learners receiving assistance that was funded 
entirely or partially by grant funds received by 
the entity; and 
(F) a breakdown of the costs of the in-
struction services provided and the average per 
capita cost of providing such instruction. 
(2) An evaluation of any program of the entity 
using grant funds under this section, including— 
(A) an assessment of— 
(i) the effectiveness of such program 
and recommendations for improving the 
program; and 
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(ii) whether the English language in-
struction needs of the geographic area 
served have been met; and 
(B) in the case of an assessment under 
subparagraph (A)(ii) that such needs have not 
been met, a description of the additional assist-
ance required to meet such needs. 
(f) DEFINITIONS.—In this section: 
(1) ADULT
ENGLISH
LANGUAGE
LEARNER.— 
The term ‘‘adult English language learner’’ refers to 
an individual age 16 years and older who is not en-
rolled in secondary school and who is limited English 
proficient. 
(2) ENGLISH
LANGUAGE
LEARNER; LIMITED 
ENGLISH
PROFICIENT.—The terms ‘‘English lan-
guage learner’’ and ‘‘limited English proficient’’ de-
scribe an individual who does not speak English as 
their primary language and who has a limited ability 
to read, speak, write, or understand English. 
(3) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. 
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(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$100,000,000 for fiscal years 2024 through 2025. 
SEC. 3505. WORKFORCE DEVELOPMENT AND SHARED 
PROSPERITY GRANT PROGRAM. 
(a) DECLARATION OF POLICY.—It is the policy of the 
United States— 
(1) that adults have adequate and equitable ac-
cess to education and workforce programs that— 
(A) help them learn basic skills in reading, 
writing, mathematics, and the English lan-
guage; and 
(B) equip them with occupational skills 
needed to secure or advance in employment, fill 
employer needs, and support themselves and 
their families; 
(2) that helping adults with limited skills to at-
tain industry-recognized postsecondary credentials 
strengthens the economy; and 
(3) that workforce programs for adults with 
limited skills should incorporate an integrated edu-
cation and training approach that allows adults to 
acquire basic skills while pursuing occupational or 
industry-specific training. 
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(b) AUTHORIZATION.—The Assistant Secretary for 
Career, Technical, and Adult Education at the Depart-
ment of Education (referred to in this section as the ‘‘As-
sistant Secretary’’) shall award Workforce Development 
and Shared Prosperity grants, on a competitive basis, to 
States or local governments, or other qualifying entities 
described in subsection (c) in collaboration with States 
and local governments. 
(c) 
QUALIFYING
ENTITIES.—Qualifying 
entities 
under this section may include— 
(1) an educational institution; 
(2) a private organization; 
(3) a community-based organization; or 
(4) a nonprofit organization. 
(d) ELIGIBILITY.—A State or local government, or a 
qualifying entity in collaboration with a State or local gov-
ernment, is eligible to receive a grant under this section 
provided that the State or local government or entity— 
(1) supports and promotes the economic inte-
gration of immigrants and refugees and their fami-
lies; 
(2) has expertise in workforce development and 
adult education for the purpose of developing and 
implementing State or local programs of integrated 
education and training; 
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248 
(3) in carrying out the grant program, has, or 
collaborates with at least 1 entity that has— 
(A) expertise in workforce development for 
immigrants and refugees; and 
(B) expertise in adult education of immi-
grants and refugees; 
(4) uses matching funds from non-Federal 
sources, which may include in-kind contributions, 
equal to 25 percent of the amount received from the 
Workforce Development and Shared Prosperity 
grant program; and 
(5) submits to the Assistant Secretary an appli-
cation at such time, in such manner, and containing 
such information as the Assistant Secretary may 
reasonably require, including— 
(A) a description of the target population 
to be served, including demographics, English 
language levels, educational levels, and skill lev-
els; 
(B) the specific integrated education and 
training instructional model to be implemented; 
(C) how the program will be designed and 
implemented by educators with expertise in 
adult education, English language instruction, 
and occupational skills training; 
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(D) how the program will prepare students 
to receive a high school equivalency credential; 
(E) how the program will prepare students 
to receive a postsecondary credential; 
(F) the occupations or industries for which 
the program will prepare students for employ-
ment; 
(G) evidence of employer demand for the 
skills or occupational training offered by the 
grant program; 
(H) the extent to which the program re-
duces the time required for students to acquire 
English and workforce skills; 
(I) how the program will increase digital 
literacy skills; 
(J) how the program will provide student 
support services, including guidance counseling, 
so as to promote student success; and 
(K) the assessment and performance meas-
ures that the grant recipient plans to use to 
evaluate— 
(i) the progress of adult learners in 
acquiring basic skills such as reading, writ-
ing, mathematics, and the English lan-
guage; and 
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250 
(ii) the success of the grant program 
in preparing students for employment and 
in helping them find employment or ad-
vance in employment. 
(e) CERTIFICATION.—To receive a payment under 
this section, a participating entity shall submit to the As-
sistant Secretary a certification that the proposed uses of 
grant funds by the entity are consistent with this section 
and meet all necessary criteria determined by the Assist-
ant Secretary. 
(f) TECHNICAL ASSISTANCE.—The Assistant Sec-
retary shall provide technical assistance to adult education 
providers on how to provide integrated education and 
training. 
(g) ANNUAL REPORT AND EVALUATION.—Not later 
than 90 days after the end of each fiscal year for which 
an entity receives grant funds under this section, the enti-
ty shall submit to the Assistant Secretary the following: 
(1) A report that describes— 
(A) the activities undertaken by the entity 
that were funded entirely or partially by the 
grant funds; 
(B) the geographic area served by the 
grant funds; 
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251 
(C) the number of immigrants in such 
area; 
(D) the primary languages spoken in such 
area; and 
(E) a breakdown of the costs of each of 
the services provided and the average per capita 
cost of providing such services. 
(2) An evaluation of any program of the entity 
using grant funds under this section, including— 
(A) an assessment of— 
(i) the effectiveness of such program 
and recommendations for improving the 
program; and 
(ii) whether the adult education and 
workforce development needs of the geo-
graphic area served have been met; and 
(B) in the case of an assessment under 
subparagraph (A)(ii) that such needs have not 
been met, a description of the additional assist-
ance required to meet such needs. 
(h) DEFINITIONS.—In this section: 
(1) ADULT EDUCATION.—The term ‘‘adult edu-
cation’’ means academic instruction and education 
services below the postsecondary level that increase 
an individual’s ability to read, write, speak, and un-
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derstand English and perform mathematical or other 
activities necessary to attain a secondary school di-
ploma or its recognized equivalent, to transition to 
postsecondary education and training, or to obtain 
employment. 
(2) INTEGRATED EDUCATION AND TRAINING.— 
The term ‘‘integrated education and training’’ 
means instruction that provides adult education, lit-
eracy, and English language activities concurrently 
and contextually with workforce preparation activi-
ties and workforce training for a specific occupation 
or occupational cluster for the purpose of edu-
cational and career advancement. 
(3) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$100,000,000 for fiscal years 2024 through 2025. 
SEC. 3506. EXISTING CITIZENSHIP EDUCATION GRANTS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to the Secretary not less than $25,000,000 for the 
purpose of awarding grants to public or private nonprofit 
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253 
entities for citizenship education and training (as de-
scribed in number 97.010 of the Catalog of Federal Do-
mestic Assistance), to remain available until expended. 
(b) CONSIDERATION OF GRANT RECIPIENTS.—With 
respect to grants administered and awarded to public or 
private nonprofit organizations by the Secretary, unless 
otherwise required by law, in making determinations about 
such grants, the Secretary may not consider an entity’s 
enrollment in or use of the E-Verify Program described 
in section 403(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note). 
SEC. 3507. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI-
CANTS. 
(a) ESTABLISHMENT.—The Secretary shall establish, 
within U.S. Citizenship and Immigration Services, a pro-
gram to award grants, on a competitive basis, to eligible 
nonprofit organizations to carry out a program described 
in subsection (c) for the purpose of assisting applicants 
for status under sections 245B, 245C, 245D, 245E, and 
245F of the Immigration and Nationality Act. 
(b) ELIGIBLE NONPROFIT ORGANIZATION.—A non-
profit organization eligible to receive a grant under this 
section is a nonprofit tax-exempt organization, including 
a community, faith-based, or other immigrant-serving or-
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254 
ganization, the staff of which has demonstrated qualifica-
tions, experience, and expertise in providing quality serv-
ices to immigrants, refugees, noncitizens granted asylum, 
or noncitizens applying for such statuses. 
(c) USE OF FUNDS.—Grant funds awarded under 
this section may be used for the design and implementa-
tion of programs that provide— 
(1) information to the public relating to eligi-
bility for and benefits of lawful prospective immi-
grant status under section 245B of the Immigration 
and Nationality Act, particularly to individuals who 
may be eligible for such status; 
(2) assistance, within the scope of authorized 
practice of immigration law, to individuals in sub-
mitting applications for lawful prospective immi-
grant status, including— 
(A) screening prospective applicants to as-
sess eligibility for such status; 
(B) completing applications and petitions, 
including providing assistance in obtaining the 
requisite documents and supporting evidence; 
(C) applying for any waivers for which ap-
plicants and qualifying family members may be 
eligible; and 
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255 
(D) providing any other assistance that the 
Secretary or grantees consider useful or nec-
essary in applying for lawful prospective immi-
grant status; 
(3) assistance, within the scope of authorized 
practice of immigration law, to individuals seeking to 
adjust their status to that of a lawful permanent 
resident under section 245C, 245D, 245E, or 245F 
of the Immigration and Nationality Act; 
(4) instruction to individuals with respect to— 
(A) the rights and responsibilities of 
United States citizenship; and 
(B) civics and civics-based English as a 
second language; and 
(5) assistance, within the scope of authorized 
practice of immigration law, to individuals seeking to 
apply for United States citizenship. 
(d) SOURCE OF GRANT FUNDS.—To carry out this 
section, the Secretary may use not more than $50,000,000 
from the Immigration Examinations Fee Account pursu-
ant to section 286(m) of the Immigration and Nationality 
Act (U.S.C. 1356(m)). 
(e) 
AVAILABILITY
OF
APPROPRIATIONS.—Any 
amounts appropriated to carry out this section shall re-
main available until expended. 
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SEC. 3508. STUDY ON FACTORS AFFECTING EMPLOYMENT 
OPPORTUNITIES FOR IMMIGRANTS AND REF-
UGEES WITH PROFESSIONAL CREDENTIALS 
OBTAINED IN FOREIGN COUNTRIES. 
(a) IN GENERAL.—The Secretary of Labor, in coordi-
nation with the Secretary of State, the Secretary of Edu-
cation, the Secretary of Health and Human Services, the 
Secretary of Commerce, the Secretary, the Administrator 
of the Internal Revenue Service, and the Commissioner of 
the Social Security Administration, shall conduct a study 
on the factors affecting employment opportunities in the 
United States for applicable immigrants and refugees with 
professional credentials obtained in countries other than 
the United States. 
(b) ELEMENTS.—The study required by subsection 
(a) shall include the following: 
(1) An analysis of the employment history of 
applicable immigrants and refugees admitted to the 
United States during the most recent 5-year period 
for which data are available at the time of the study, 
including, to the extent practicable— 
(A) an analysis of the employment held by 
applicable immigrants and refugees before im-
migrating to the United States as compared to 
the employment obtained in the United States, 
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257 
if any, since the arrival of such applicable immi-
grants and refugees; and 
(B) a consideration of the occupational and 
professional credentials and academic degrees 
held by applicable immigrants and refugees be-
fore immigrating to the United States. 
(2) An assessment of any barrier that prevents 
applicable immigrants and refugees from using occu-
pational experience obtained outside the United 
States to obtain employment in the United States. 
(3) An analysis of existing public and private 
resources available to assist applicable immigrants 
and refugees who have professional experience and 
qualifications obtained outside the United States in 
using such professional experience and qualifications 
to obtain skills-appropriate employment opportuni-
ties in the United States. 
(4) Policy recommendations for better enabling 
applicable immigrants and refugees who have profes-
sional experience and qualifications obtained outside 
the United States to use such professional experi-
ence and qualifications to obtain skills-appropriate 
employment opportunities in the United States. 
(c) COLLABORATION WITH NONPROFIT ORGANIZA-
TIONS AND STATE AGENCIES.—In conducting the study 
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required by subsection (a), the Secretary of Labor shall 
seek to collaborate with relevant nonprofit organizations 
and State agencies to use the existing data and resources 
of such entities. 
(d) APPLICABLE IMMIGRANTS AND REFUGEES.—In 
this section, the term ‘‘applicable immigrants and refu-
gees’’ means— 
(1) noncitizens who are lawfully present and 
authorized to be employed in the United States; and 
(2) citizens of the United States born outside 
the United States and its outlying possessions. 
SEC. 3509. IN-STATE TUITION RATES FOR REFUGEES, 
ASYLEES, 
AND 
CERTAIN 
SPECIAL 
IMMI-
GRANTS. 
(a) IN GENERAL.—The Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.) is amended by inserting 
after section 135 the following: 
‘‘SEC. 135A. IN-STATE TUITION RATES FOR REFUGEES, 
ASYLEES, 
AND 
CERTAIN 
SPECIAL 
IMMI-
GRANTS. 
‘‘(a) REQUIREMENT.—In the case of a noncitizen de-
scribed in subsection (b) whose domicile is in a State that 
receives assistance under this Act, such State shall not 
charge such noncitizen tuition for attendance at a public 
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259 
institution of higher education in the State at a rate that 
is greater than the rate charged for residents of the State. 
‘‘(b) NONCITIZEN DESCRIBED.—A noncitizen is de-
scribed in this subsection if the noncitizen was granted— 
‘‘(1) refugee status and admitted to the United 
States under section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157); 
‘‘(2) asylum under section 208 of such Act (8 
U.S.C. 1158); or 
‘‘(3) special immigrant status under section 
101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) pur-
suant to— 
‘‘(A) section 1244 of the National Defense 
Authorization Act for Fiscal Year 2008 (8 
U.S.C. 1157 note); 
‘‘(B) section 1059 of the National Defense 
Authorization Act for Fiscal Year 2006 (8 
U.S.C. 1101 note); or 
‘‘(C) section 602 of the Afghan Allies Pro-
tection Act of 2009 (8 U.S.C. 1101 note). 
‘‘(c) LIMITATIONS.—The requirement under sub-
section (a) shall apply with respect to a noncitizen only 
until the noncitizen has established residency in the State, 
and only with respect to the first State in which the non-
citizen was first domiciled after being admitted into the 
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260 
United States as a refugee or special immigrant or being 
granted asylum. 
‘‘(d) EFFECTIVE DATE.—This section shall take ef-
fect at each public institution of higher education in a 
State that receives assistance under this Act for the first 
period of enrollment at such institution that begins after 
January 1, 2023.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Higher Education Act of 1965 (20 U.S.C. 
1001 et seq.) is amended by inserting after the item relat-
ing to section 135 the following: 
‘‘Sec. 135A. In-State tuition rates for refugees, asylees, and certain special im-
migrants.’’. 
SEC. 3510. WAIVER OF ENGLISH REQUIREMENT FOR SEN-
IOR NEW AMERICANS. 
Section 312 (8 U.S.C. 1423) is amended by striking 
subsection (b) and inserting the following: 
‘‘(b) The requirements under subsection (a) shall not 
apply to any person who— 
‘‘(1) is unable to comply with such require-
ments because of physical or mental disability, in-
cluding developmental or intellectual disability; or 
‘‘(2) on the date on which the person’s applica-
tion for naturalization is submitted under section 
334— 
‘‘(A) is older than 65 years of age; and 
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‘‘(B) has been living in the United States 
for 1 or more periods totaling not less than 5 
years after being lawfully admitted for perma-
nent residence. 
‘‘(c) The requirement under subsection (a)(1) shall 
not apply to any person who, on the date on which the 
person’s application for naturalization is submitted under 
section 334— 
‘‘(1) is older than 50 years of age and has been 
living in the United States for 1 or more periods to-
taling not less than 20 years after being lawfully ad-
mitted for permanent residence; 
‘‘(2) is older than 55 years of age and has been 
living in the United States for 1 or more periods to-
taling not less than 15 years after being lawfully ad-
mitted for permanent residence; or 
‘‘(3) is older than 60 years of age and has been 
living in the United States for 1 or more periods to-
taling not less than 10 years after being lawfully ad-
mitted for permanent residence. 
‘‘(d) The Secretary of Homeland Security may waive, 
on a case-by-case basis, the requirement under subsection 
(a)(2) for any person who, on the date on which the per-
son’s application for naturalization is submitted under sec-
tion 334— 
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262 
‘‘(1) is older than 60 years of age; and 
‘‘(2) has been living in the United States for 1 
or more periods totaling not less than 10 years after 
being lawfully admitted for permanent residence.’’. 
SEC. 3511. NATURALIZATION FOR CERTAIN UNITED STATES 
HIGH SCHOOL GRADUATES. 
(a) IN GENERAL.—Title III of the Immigration and 
Nationality Act (8 U.S.C. 1401 et seq.) is amended by 
inserting after section 320 the following: 
‘‘SEC. 321. CITIZENSHIP FOR CERTAIN UNITED STATES 
HIGH SCHOOL GRADUATES. 
‘‘(a) REQUIREMENTS CONSIDERED SATISFIED.—In 
the case of a noncitizen described in subsection (b), the 
noncitizen shall be considered to have satisfied the require-
ments of section 312(a). 
‘‘(b) NONCITIZEN DESCRIBED.—A noncitizen is de-
scribed in this subsection if the noncitizen submits an ap-
plication for naturalization under section 334 that con-
tains the following: 
‘‘(1) Transcripts from public or private schools 
in the United States that demonstrate the following: 
‘‘(A) The noncitizen completed grades 9 
through 12 in the United States and graduated 
with a high school diploma. 
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263 
‘‘(B) The noncitizen completed a cur-
riculum that reflects knowledge of United 
States history, government, and civics. 
‘‘(2) A copy of the noncitizen’s high school di-
ploma.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after the item relating 
to section 320 the following: 
‘‘Sec. 321. Citizenship for certain United States high school graduates.’’. 
(c) APPLICABILITY.—The amendments made by this 
section shall take effect on the date of the enactment of 
this Act and shall apply to applicants for naturalization 
who apply for naturalization on or after such date. 
(d) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall 
promulgate regulations to carry out this section and the 
amendments made by this section. 
SEC. 3512. NATURALIZATION CEREMONIES. 
(a) IN GENERAL.—The Chief of the Office of Citizen-
ship of U.S. Citizenship and Immigration Services, in con-
sultation with the Director of the National Park Service, 
the Archivist of the United States, and other appropriate 
Federal officials, shall develop and implement a strategy 
to enhance public awareness of naturalization ceremonies. 
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(b) VENUES.—In developing the strategy under sub-
section (a), the Chief of the Office of Citizenship of U.S. 
Citizenship and Immigration Services shall consider the 
use of outstanding and historic locations as venues for se-
lect naturalization ceremonies. 
SEC. 3513. NATIONAL CITIZENSHIP PROMOTION PROGRAM. 
(a) ESTABLISHMENT.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary shall 
establish a program to promote United States citizenship. 
(b) ACTIVITIES.—As part of the program required by 
subsection (a), the Secretary shall carry out outreach ac-
tivities in accordance with subsection (c). 
(c) OUTREACH.—The Secretary shall— 
(1) develop outreach materials targeted to non-
citizens who have been lawfully admitted for perma-
nent residence to encourage such noncitizens to 
apply to become citizens of the United States; 
(2) make such outreach materials available 
through— 
(A) public service announcements; 
(B) advertisements; and 
(C) such other media as the Secretary con-
siders appropriate; and 
(3) conduct outreach activities targeted to non-
citizens eligible to apply for naturalization, including 
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communication by text, email, and the United States 
Postal Service, that provides, on paper or in elec-
tronic form— 
(A) notice that the individual is possibly el-
igible to apply for naturalization; 
(B) information about the requirements of 
United States citizenship; 
(C) information about the benefits of 
United States citizenship; 
(D) a pre-filled naturalization application 
containing the data the agency already has 
about the individual; 
(E) instructions on how to complete the 
application; and 
(F) resources for free or low-cost assist-
ance with applying for naturalization and pre-
paring for the English and civics exams. 
SEC. 3514. AUTHORIZATION OF APPROPRIATIONS FOR 
FOUNDATION AND PILOT PROGRAM. 
(a) IN GENERAL.—There are authorized to be appro-
priated for the first 2 fiscal years after the date of the 
enactment of this Act such sums as may be necessary to 
establish the Foundation and carry out the pilot program 
under section 3502. 
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(b) USE OF FUNDS.—Amounts appropriated to es-
tablish the Foundation and carry out the pilot program 
under section 3502 may be invested, and any amounts re-
sulting from such investments shall remain available for 
the operations of the Foundation and the pilot program 
without further appropriation. 
TITLE 
IV—IMMIGRATION 
COURTS, 
FAMILY 
VALUES, 
AND VULNERABLE INDIVID-
UALS 
Subtitle 
A—Promoting 
Efficient 
Processing of Asylum Seekers, 
Addressing Immigration Court 
Backlogs, and Efficiently Repa-
triating Migrants Ordered Re-
moved 
SEC. 4101. EXPANDING ALTERNATIVES TO DETENTION. 
(a) FAMILY CASE MANAGEMENT PROGRAM.—The 
Secretary shall— 
(1) expand the use of the family case manage-
ment program (described in section 218 of the De-
partment of Homeland Security Appropriations Act, 
2020 (8 U.S.C. 1378a)) for apprehended noncitizens 
who are members of family units arriving in the 
United States; and 
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(2) develop additional community-based pro-
grams to increase the number of enrollees in the al-
ternatives to detention program. 
(b) NONPROFIT ENTITY CONTRACTING PARTNER.— 
The Secretary shall contract with qualified nonprofit enti-
ties for the operation of the alternatives to detention pro-
gram, including the family case management program and 
other community-based programs described in subsection 
(a). 
(c) LEGAL ORIENTATION.—The Secretary shall en-
sure that enrollees in the alternatives to detention pro-
gram, including the family case management program and 
other community-based programs described in subsection 
(a), are provided a legal orientation consistent with the 
program elements described in section 4105(a)(2). 
SEC. 4102. ELIMINATING IMMIGRATION COURT BACKLOGS. 
(a) ADDRESSING
IMMIGRATION
JUDGE
SHORT-
AGES.—The Attorney General shall increase the total 
number of immigration judges by not fewer than 55 
judges during each of fiscal years 2025, 2026, 2027, and 
2028. 
(b) QUALIFICATIONS AND SELECTION.—The Attor-
ney General shall— 
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(1) ensure that all newly hired immigration 
judges and members of the Board of Immigration 
Appeals are— 
(A) highly qualified experts on immigration 
law; and 
(B) trained to conduct fair, impartial adju-
dications in accordance with applicable due 
process requirements; and 
(2) with respect to immigration judges and 
members of the Board of Immigration Appeals, to 
the extent practicable, strive to achieve an equal nu-
merical balance in the hiring of candidates with Gov-
ernment experience in immigration and candidates 
with sufficient knowledge or experience in immigra-
tion in the private sector, including nonprofit, pri-
vate bar, or academic experience. 
(c) ADDRESSING SUPPORT STAFF SHORTAGES.— 
Subject to the availability of funds made available in ad-
vance in appropriations Acts, the Attorney General shall 
ensure that each immigration judge has sufficient support 
staff, adequate technological and security resources, and 
appropriate courtroom facilities. 
(d) ADDITIONAL BOARD OF IMMIGRATION APPEALS 
PERSONNEL.—The Attorney General shall increase the 
number of Board of Immigration Appeals staff attorneys 
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(including necessary additional support staff) to efficiently 
process cases by not fewer than 23 attorneys during each 
of fiscal years 2025, 2026, and 2027. 
(e) GAO REPORT.—The Comptroller General of the 
United States shall— 
(1) conduct a study of the impediments to effi-
cient hiring of immigration court judges within the 
Department of Justice; and 
(2) propose solutions to Congress for improving 
the efficiency of the hiring process. 
SEC. 
4103. 
IMPROVED 
TRAINING 
FOR 
IMMIGRATION 
JUDGES AND MEMBERS OF THE BOARD OF 
IMMIGRATION APPEALS. 
(a) IN GENERAL.—To ensure efficient and fair pro-
ceedings, the Director of the Executive Office for Immi-
gration Review shall establish or expand, as applicable, 
training programs for immigration judges and members 
of the Board of Immigration Appeals. 
(b) MANDATORY TRAINING.—Training referred to 
under subsection (a) shall include the following: 
(1) Expansion of the training program for new 
immigration judges and members of the Board of 
Immigration Appeals to include age sensitivity, gen-
der sensitivity, and trauma sensitivity. 
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(2) Continuing education regarding current de-
velopments in immigration law, including through 
regularly available training resources and an annual 
conference. 
(3) Training on properly crafting and dictating 
decisions and standards of review, including im-
proved on-bench reference materials and decision 
templates. 
SEC. 4104. NEW TECHNOLOGY TO IMPROVE COURT EFFI-
CIENCY. 
The Director of the Executive Office for Immigration 
Review shall modernize its case management, video-tele-
conferencing, digital audio recording, and related elec-
tronic and computer-based systems, including by allowing 
for electronic filing, to improve efficiency in the processing 
of immigration proceedings. 
SEC. 4105. COURT APPEARANCE COMPLIANCE AND LEGAL 
ORIENTATION. 
(a) ACCESS TO LEGAL ORIENTATION PROGRAMS TO 
ENSURE COURT APPEARANCE COMPLIANCE.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Attorney General, shall establish proce-
dures to ensure that legal orientation programs are 
available for all noncitizens detained by the Sec-
retary. 
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(2) PROGRAM
ELEMENTS.—Programs under 
paragraph (1) shall provide information to nonciti-
zens regarding the following: 
(A) The basic procedures of immigration 
hearings. 
(B) The rights and obligations of nonciti-
zens relating to immigration hearings, including 
the consequences of filing frivolous legal claims 
and of failing to appear for proceedings. 
(C) Legal protections available to nonciti-
zens and the procedures for requesting such 
protections. 
(D) Legal resources available to nonciti-
zens and lists of potential legal services pro-
viders. 
(E) Any other subject the Attorney Gen-
eral considers necessary and appropriate. 
(3) ELIGIBILITY.—A noncitizen shall be given 
access to legal orientation programs under this sub-
section regardless of the noncitizen’s current immi-
gration status, prior immigration history, or poten-
tial for immigration relief. 
(b) EXPANSION OF THE INFORMATION HELP DESK 
PROGRAM FOR NONDETAINED NONCITIZENS IN REMOVAL 
PROCEEDINGS.—The Attorney General shall expand the 
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information help desk program to all immigration courts 
so as to provide noncitizens who are not detained and who 
have pending asylum claims access to information relating 
to their immigration status. 
SEC. 4106. IMPROVING COURT EFFICIENCY AND REDUCING 
COSTS BY INCREASING ACCESS TO LEGAL IN-
FORMATION. 
(a) APPOINTMENT OF COUNSEL IN CERTAIN CASES; 
RIGHT TO REVIEW CERTAIN DOCUMENTS IN REMOVAL 
PROCEEDINGS.—Section 240(b) of the Immigration and 
Nationality Act (8 U.S.C. 1229a(b)) is amended— 
(1) in paragraph (4)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘, at no expense to the 
Government,’’; and 
(ii) by striking the comma at the end 
and inserting a semicolon; 
(B) by redesignating subparagraphs (B) 
and (C) as subparagraphs (D) and (E), respec-
tively; 
(C) by inserting after subparagraph (A) 
the following: 
‘‘(B) the Attorney General may appoint or 
provide counsel, at Government expense, to 
noncitizens in immigration proceedings; 
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‘‘(C) at the beginning of the proceedings or 
as expeditiously as possible thereafter, a noncit-
izen shall receive a complete copy of all relevant 
documents in the possession of the Department 
of Homeland Security, including all documents 
(other than documents protected from disclo-
sure by privilege, including national security in-
formation referred to in subparagraph (D), law 
enforcement-sensitive information, and informa-
tion prohibited from disclosure pursuant to any 
other provision of law) contained in the file 
maintained by the Government, including infor-
mation with respect to all transactions involving 
the noncitizen during the immigration process 
(commonly referred to as an ‘A-file’) and all 
documents pertaining to the noncitizen that the 
Department of Homeland Security has obtained 
or received from other government agencies, un-
less the noncitizen waives the right to receive 
such documents by executing a knowing and 
voluntary written waiver in a language that he 
or she understands;’’; and 
(D) in subparagraph (D), as redesignated, 
by striking ‘‘, and’’ and inserting ‘‘; and’’; and 
(2) by adding at the end the following: 
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‘‘(8) FAILURE
TO
PROVIDE
NONCITIZEN
RE-
QUIRED DOCUMENTS.—In the absence of a written 
waiver under paragraph (4)(C), a removal pro-
ceeding may not proceed until the noncitizen— 
‘‘(A) has received the documents as re-
quired under such paragraph; and 
‘‘(B) has been provided meaningful time to 
review and assess such documents.’’. 
(b) RIGHT TO COUNSEL.— 
(1) IN GENERAL.—Section 292 of the Immigra-
tion and Nationality Act (8 U.S.C. 1362) is amend-
ed to read as follows: 
‘‘SEC. 292. RIGHT TO COUNSEL. 
‘‘(a) IN GENERAL.—In any proceeding conducted 
under section 235, 236, 238, 240, 241, or any other sec-
tion of this Act, and in any appeal proceedings before the 
Attorney General from any such proceedings, the noncit-
izen concerned shall have the privilege of being rep-
resented by such counsel authorized to practice in such 
proceedings, as the noncitizen shall choose. 
‘‘(b) ACCESS TO COUNSEL.— 
‘‘(1) IN GENERAL.—The Attorney General may 
appoint or provide counsel to a noncitizen in any 
proceeding conducted under section 235, 236, 238, 
240, or 241 or any other section of this Act. 
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‘‘(2) DETENTION AND BORDER FACILITIES.— 
The Secretary of Homeland Security shall ensure 
that noncitizens have access to counsel inside all im-
migration detention and border facilities. 
‘‘(c) CHILDREN AND VULNERABLE INDIVIDUALS.— 
Notwithstanding subsection (b), at the beginning of pro-
ceedings or as expeditiously as possible, the Attorney Gen-
eral shall appoint, at the expense of the Government, 
counsel to represent any noncitizen financially unable to 
obtain adequate representation in such proceedings, in-
cluding any noncitizen who has been determined by the 
Secretary of Homeland Security or the Attorney General 
to be— 
‘‘(1) a child; 
‘‘(2) a particularly vulnerable individual, includ-
ing— 
‘‘(A) a person with a disability; 
‘‘(B) a victim of abuse, torture, or violence; 
and 
‘‘(C) a pregnant or lactating woman; or 
‘‘(3) the parent of a United States citizen 
minor. 
‘‘(d) EXTENSION TO CONSOLIDATED CASES.—If the 
Attorney General has consolidated the case of any noncit-
izen for whom counsel was appointed under subsection (c) 
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with that of any other noncitizen, and such other noncit-
izen does not have counsel, the counsel appointed under 
subsection (c) shall be appointed to represent such other 
noncitizen unless there is a demonstrated conflict of inter-
est.’’. 
(2) RULEMAKING.—Not later than 180 days 
after the date of enactment of this Act, the Attorney 
General shall promulgate regulations to implement 
subsection (c) of section 292 of the Immigration and 
Nationality Act, as added by paragraph (1). 
(c) IMMIGRATION COUNSEL FUND.— 
(1) IN GENERAL.—Chapter 9 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1351 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 295. IMMIGRATION COUNSEL FUND. 
‘‘(a) IN GENERAL.—There is established in the gen-
eral fund of the Treasury a separate account to be known 
as the ‘Immigration Counsel Fund’. 
‘‘(b) DEPOSITS.—Notwithstanding any other provi-
sion of this Act, there shall be deposited as offsetting re-
ceipts into the Immigration Counsel Account all sur-
charges collected under subsection (c) for the purpose of 
providing access to counsel as required or authorized 
under this Act, to remain available until expended. 
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‘‘(c) SURCHARGE.—In any case in which a fee is 
charged pursuant to the immigration laws, a surcharge of 
$25 shall be imposed and collected. 
‘‘(d) REPORT.—Not later than 2 years after the date 
of the enactment of this section, and biennially thereafter, 
the Secretary of Homeland Security shall submit to Con-
gress a report on the status of the Immigration Counsel 
Account, including— 
‘‘(1) the balance in the Immigration Counsel 
Account; and 
‘‘(2) any recommendation with respect to modi-
fications to the surcharge under subsection (c) nec-
essary to ensure that the receipts collected for the 
subsequent 2 years equal, as closely as possible, the 
cost of providing access to counsel as required or au-
thorized under this Act.’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended by inserting after 
the item relating to section 294 the following: 
‘‘Sec. 295. Immigration Counsel Fund.’’. 
(d) MOTIONS TO REOPEN.—Section 240(c)(7)(C) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229a(c)(7)(C)) is amended by adding at the end the fol-
lowing: 
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‘‘(v) SPECIAL
RULE
FOR
CHILDREN 
AND OTHER VULNERABLE NONCITIZENS.— 
If the Attorney General fails to appoint 
counsel for a noncitizen in violation of sec-
tion 292(c)— 
‘‘(I) no limitation under this 
paragraph with respect to the filing of 
any motion to reopen shall apply to 
the noncitizen; and 
‘‘(II) the filing of a motion to re-
open by the noncitizen shall stay the 
removal of the noncitizen.’’. 
SEC. 4107. FACILITATING SAFE AND EFFICIENT REPATRI-
ATION. 
(a) UNITED STATES SUPPORT
FOR REINTEGRA-
TION.—The Secretary of State, in consultation with the 
Secretary and the Administrator of the United States 
Agency for International Development, shall coordinate 
with the governments of El Salvador, Guatemala, Hon-
duras, and any other country in Central America the Sec-
retary of State considers appropriate, to promote the suc-
cessful reintegration of families, unaccompanied noncit-
izen children, and other noncitizens repatriated to their 
countries of origin by assisting in the development and 
funding of programs in such countries that— 
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(1) provide comprehensive reintegration services 
at the municipal level for repatriated noncitizens, in-
cluding family reunification and access to medical 
and psychosocial services; 
(2) support the establishment of educational 
and vocational centers for repatriated noncitizens 
that provide skills training relevant to national and 
local economic needs; 
(3) promote the hiring of repatriated nonciti-
zens in the private sector, including through stra-
tegic partnerships with specific industries and busi-
nesses; 
(4) support the issuance of appropriate docu-
ments to repatriated noncitizens, including identi-
fication documents, documents relating to edu-
cational attainment, and documents certifying skill 
attainment; and 
(5) monitor repatriated unaccompanied noncit-
izen children to ensure their adequate screening and 
processing in the United States. 
(b) ELIGIBILITY OF CITIZENS AND NATIONALS OF 
REPATRIATION COUNTRY.—Paragraphs (1), (2), and (3) 
of subsection (a) shall not necessarily exclude citizens or 
nationals of the countries of origin. 
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(c) CONSULTATION WITH NONGOVERNMENTAL OR-
GANIZATIONS.—In assisting in the development of pro-
grams under subsection (a), the Secretary of State shall 
consult with nongovernmental organizations in the coun-
tries concerned and in the United States that have experi-
ence in— 
(1) integrating repatriated individuals and fam-
ilies; 
(2) protecting and ensuring the welfare of unac-
companied noncitizen children; and 
(3) promoting economic development and skills 
acquisition. 
Subtitle B—Protecting Family Val-
ues and Monitoring and Caring 
for Unaccompanied Noncitizen 
Children After Arrival 
SEC. 4201. DEFINITION OF LOCAL EDUCATIONAL AGENCY. 
In this subtitle, the term ‘‘local educational agency’’ 
has the meaning given the term in section 8101 of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
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SEC. 4202. RESPONSIBILITY OF SPONSOR FOR IMMIGRA-
TION COURT COMPLIANCE AND CHILD WELL- 
BEING. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services, in consultation with the Attorney Gen-
eral, shall establish procedures to ensure that a legal ori-
entation program is provided to each sponsor (including 
parents, legal guardians, and close relatives) of an unac-
companied noncitizen child before the unaccompanied non-
citizen child is placed with the sponsor. 
(b) PROGRAM ELEMENTS.—A program under sub-
section (a) shall provide information to sponsors regarding 
each of the following: 
(1) The basic procedures of immigration hear-
ings. 
(2) The rights and obligations of the unaccom-
panied noncitizen child relating to immigration hear-
ings, including the consequences of filing frivolous 
legal claims and of failing to appear for proceedings. 
(3) The obligation of the sponsor— 
(A) to ensure that the unaccompanied non-
citizen child appears at immigration court pro-
ceedings; 
(B) to notify the court of any change of 
address of the unaccompanied noncitizen child 
and other relevant information; and 
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(C) to address the needs of the unaccom-
panied noncitizen child, including providing ac-
cess to health care and enrolling the child in an 
educational institution. 
(4) Legal protections available to unaccom-
panied noncitizen children and the procedures for re-
questing such protections. 
(5) Legal resources available to unaccompanied 
noncitizen children and lists of potential legal serv-
ices providers. 
(6) The importance of reporting potential child 
traffickers and other persons seeking to victimize or 
exploit unaccompanied noncitizen children, or other-
wise engage such unaccompanied noncitizen children 
in criminal, harmful, or dangerous activity. 
(7) Any other subject the Secretary of Health 
and Human Services or the Attorney General con-
siders necessary and appropriate. 
SEC. 4203. FUNDING TO SCHOOL DISTRICTS FOR UNACCOM-
PANIED NONCITIZEN CHILDREN. 
(a) GRANTS AUTHORIZED.—The Secretary of Edu-
cation shall award grants, on a competitive basis, to eligi-
ble local educational agencies or consortia of neighboring 
local educational agencies described in subsection (b), to 
enable the local educational agencies or consortia to en-
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hance opportunities for, and provide services to, immi-
grant children, including unaccompanied noncitizen chil-
dren, in the area served by the local educational agencies 
or consortia. 
(b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 
(1) IN GENERAL.—A local educational agency 
or a consortium of neighboring local educational 
agencies is eligible for a grant under subsection (a) 
if, during the fiscal year for which a grant is award-
ed under this section, there are 50 or more unac-
companied noncitizen children enrolled in the public 
schools served by the local educational agency or the 
consortium. 
(2) DETERMINATIONS OF NUMBER OF UNAC-
COMPANIED NONCITIZEN CHILDREN.—The Secretary 
of Education shall determine the number of unac-
companied noncitizen children for purposes of para-
graph (1) based on the most accurate data available 
that is provided to the Secretary of Education by the 
Director of the Office of Refugee Resettlement or 
the Department of Homeland Security. 
(c) APPLICATIONS.—A local educational agency or a 
consortia of neighboring local educational agencies desir-
ing a grant under this section shall submit an application 
to the Secretary of Education at such time, in such man-
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ner, and containing such information as the Secretary of 
Education may require, including a description of how the 
grant will be used to enhance opportunities for, and pro-
vide services to, immigrant children and youth (including 
unaccompanied noncitizen children) and their families. 
SEC. 4204. SCHOOL ENROLLMENT. 
To be eligible for funding under the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6301 et 
seq.), a local educational agency shall take measures— 
(1) to ensure that an unaccompanied noncitizen 
child in the area served by the local educational 
agency is enrolled in school not later than 7 days 
after the date on which a request for enrollment is 
made; and 
(2) to remove barriers to enrollment and full 
participation in educational programs and services 
offered by the local educational agency for unaccom-
panied noncitizen children (including barriers related 
to documentation, age, and language), which shall 
include reviewing and revising policies that may have 
a negative effect on unaccompanied noncitizen chil-
dren. 
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Subtitle C—Admission and Protec-
tion of Refugees, Asylum Seek-
ers, and Other Vulnerable Indi-
viduals 
SEC. 4301. ELIMINATION OF TIME LIMITS ON ASYLUM AP-
PLICATIONS. 
Section 208(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1158(a)(2)) is amended— 
(1) in subparagraph (A), by inserting ‘‘or the 
Secretary’’ after ‘‘Attorney General’’ each place it 
appears; 
(2) by striking subparagraphs (B) and (D); 
(3) by redesignating subparagraph (C) as sub-
paragraph (B); 
(4) in subparagraph (B), as redesignated, by 
striking ‘‘subparagraph (D)’’ and inserting ‘‘sub-
paragraphs (C) and (D)’’; and 
(5) by inserting after subparagraph (B), as re-
designated, the following: 
‘‘(C) CHANGED
CIRCUMSTANCES.—Not-
withstanding subparagraph (B), an application 
for asylum of a noncitizen may be considered if 
the noncitizen demonstrates, to the satisfaction 
of the Attorney General or the Secretary, the 
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existence of changed circumstances that materi-
ally affect the noncitizen’s eligibility for asylum. 
‘‘(D) MOTION TO REOPEN CERTAIN MERI-
TORIOUS
CLAIMS.—Notwithstanding subpara-
graph (B) of section 240(c)(7), during the 2- 
year period beginning on the date of the enact-
ment of this Act, a noncitizen may file a motion 
to reopen an asylum claim or a motion to re-
open removal proceedings to reapply for asylum 
as relief from removal if the noncitizen— 
‘‘(i) was denied asylum based solely 
on a failure to meet the 1-year application 
filing deadline in effect on the date on 
which the application was filed; 
‘‘(ii) was granted withholding of re-
moval to the noncitizen’s country of na-
tionality (or, in the case of a person having 
no nationality, to the country of last habit-
ual residence) under section 241(b)(3); 
‘‘(iii) has not obtained lawful perma-
nent residence in the United States pursu-
ant to any other provision of law; 
‘‘(iv) is not subject to the safe third 
country exception under subparagraph (A) 
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or to a bar to asylum under subsection 
(b)(2); and 
‘‘(v) was not denied asylum as a mat-
ter of discretion.’’. 
SEC. 4302. INCREASING ANNUAL NUMERICAL LIMITATION 
ON U VISAS. 
Section 214(p) of the Immigration and Nationality 
Act (8 U.S.C. 1184(p)) is amended in paragraph (2)(A) 
by striking ‘‘10,000’’ and inserting ‘‘30,000’’. 
SEC. 4303. EMPLOYMENT AUTHORIZATION FOR ASYLUM 
SEEKERS AND OTHER INDIVIDUALS. 
(a) ASYLUM SEEKERS.—Section 208(d)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1158(d)(2)) is 
amended to read as follows: 
‘‘(2) EMPLOYMENT AUTHORIZATION.— 
‘‘(A) 
ELIGIBILITY.—The 
Secretary 
of 
Homeland Security shall authorize employment 
for an applicant for asylum who is not in deten-
tion and whose application for asylum has not 
been determined to be frivolous. 
‘‘(B) APPLICATION.— 
‘‘(i) IN GENERAL.—An applicant for 
asylum (unless otherwise eligible for em-
ployment authorization) shall not be grant-
ed employment authorization under this 
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paragraph until the end of a period of days 
determined by the Secretary of Homeland 
Security by regulation, but which shall not 
exceed 180 days, after the filing of the ap-
plication for asylum. 
‘‘(ii) DATE OF FILING.—For purposes 
of this subparagraph, an application for 
asylum shall be considered to be filed on 
the date on which the applicant submits 
the application to the Secretary of Home-
land Security or the Attorney General, as 
applicable. 
‘‘(C) TERM.—Employment authorization 
for an applicant for asylum shall be valid until 
the date on which there is a final denial of the 
asylum application, including any administra-
tive or judicial review.’’. 
(b) INDIVIDUALS GRANTED WITHHOLDING OF RE-
MOVAL OR APPLYING FOR WITHHOLDING OF REMOVAL.— 
Section 241(b)(3) of the Immigration and Nationality Act 
(8 U.S.C. 1231(b)(3)) is amended by adding at the end 
the following: 
‘‘(D) EMPLOYMENT AUTHORIZATION.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security shall authorize employ-
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ment for a noncitizen who is not in deten-
tion and who has been granted— 
‘‘(I) 
withholding 
of 
removal 
under this paragraph; or 
‘‘(II) withholding or deferral of 
removal under the Convention against 
Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment, 
done at New York December 10, 
1984. 
‘‘(ii) TERM.—Employment authoriza-
tion for a noncitizen described in clause (i) 
shall be— 
‘‘(I) valid for a period of 2 years; 
and 
‘‘(II) renewable for additional 2- 
year periods for the duration of such 
withholding or deferral of removal sta-
tus.’’. 
‘‘(iii) APPLICANT ELIGIBILITY.— 
‘‘(I) IN
GENERAL.—The Sec-
retary of Homeland Security shall au-
thorize employment for a noncitizen 
who is not in detention, and whose ap-
plication for withholding of removal 
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under this paragraph or withholding 
or deferral of removal under the Con-
vention against Torture and Other 
Cruel, Inhuman or Degrading Treat-
ment or Punishment, done at New 
York December 10, 1984, has not 
been determined to be frivolous. 
‘‘(II) APPLICATION.— 
‘‘(aa) IN GENERAL.—A non-
citizen described in subclause (I) 
shall not be granted employment 
authorization under this clause 
until the end of a period of days 
determined by the Secretary of 
Homeland Security by regulation, 
but which shall not exceed 180 
days, after the filing of an appli-
cation described in such sub-
clause. 
‘‘(bb) DATE
OF
FILING.— 
For purposes of this clause, an 
application under subclause (I) 
shall be considered to be filed on 
the date on which the applicant 
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291 
submits the application to the At-
torney General. 
‘‘(III) TERM.—Employment au-
thorization for a noncitizen described 
in subclause (I) shall be valid until 
the date on which there is a final de-
nial of the application under subclause 
(I), including any administrative or 
judicial review.’’. 
SEC. 4304. ENHANCED PROTECTION FOR INDIVIDUALS 
SEEKING T VISAS, U VISAS, AND PROTECTION 
UNDER VAWA. 
(a) EMPLOYMENT AUTHORIZATION FOR T VISA AP-
PLICANTS.—Section 214(o) (8 U.S.C. 1184(o)) is amend-
ed by adding at the end the following: 
‘‘(8) Notwithstanding any provision of this Act 
relating to eligibility for employment in the United 
States, the Secretary of Homeland Security shall 
grant employment authorization to a noncitizen who 
has filed a nonfrivolous application for non-
immigrant status under section 101(a)(15)(T), 
which authorization shall begin on the date that is 
the earlier of— 
‘‘(A) the date on which the noncitizen’s ap-
plication 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 noncitizen filed the application.’’. 
(b) INCREASED ACCESSIBILITY AND EMPLOYMENT 
AUTHORIZATION
FOR
U VISA
APPLICANTS.—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) EMPLOYMENT AUTHORIZATION.—Notwith-
standing any provision of this Act relating to eligi-
bility for employment in the United States, the Sec-
retary of Homeland Security shall grant employment 
authorization to a noncitizen who has filed an appli-
cation for nonimmigrant status under section 
101(a)(15)(U), which authorization shall begin on 
the date that is the earlier of— 
‘‘(A) the date on which the noncitizen’s pe-
tition 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 noncitizen filed the petition.’’. 
(c) PROHIBITION ON REMOVAL OF CERTAIN VICTIMS 
WITH PENDING PETITIONS AND APPLICATIONS.— 
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293 
(1) IN GENERAL.—Section 240 of the Immigra-
tion and Nationality Act (8 U.S.C. 1229a) is amend-
ed— 
(A) by redesignating subsection (e) as sub-
section (f); and 
(B) by inserting after subsection (d) the 
following: 
‘‘(e) PROHIBITION ON REMOVAL OF CERTAIN VIC-
TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 
‘‘(1) IN GENERAL.—A noncitizen 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 noncitizen’s application for status, including 
any administrative or judicial review. 
‘‘(2) NONCITIZENS DESCRIBED.—A noncitizen 
described in this paragraph is a noncitizen who— 
‘‘(A) has a pending nonfrivolous applica-
tion or petition under— 
‘‘(i) subparagraph (T) or (U) of sec-
tion 101(a)(15); 
‘‘(ii) section 106; 
‘‘(iii) section 240A(b)(2); or 
‘‘(iv) section 244(a)(3) (as in effect on 
March 31, 1997); or 
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‘‘(B) is a VAWA self-petitioner, as defined 
in section 101(a)(51), and has a pending appli-
cation for relief under a provision referred to in 
any of subparagraphs (A) through (G) of such 
section.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
240(b)(7) of the Immigration and Nationality Act (8 
U.S.C. 1229a(b)(7)) is amended by striking ‘‘sub-
section (e)(1)’’ and inserting ‘‘subsection (f)(1)’’. 
(d) PROHIBITION ON DETENTION OF CERTAIN VIC-
TIMS WITH PENDING 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) DETENTION OF CERTAIN VICTIMS WITH PEND-
ING PETITIONS AND APPLICATIONS.— 
‘‘(1) PRESUMPTION OF RELEASE.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of this Act, there shall be a pre-
sumption that a noncitizen described in para-
graph (2) should be released from detention. 
‘‘(B) 
REBUTTAL.—The 
Secretary 
of 
Homeland Security may rebut the presumption 
of release based on clear and convincing evi-
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295 
dence, including credible and individualized in-
formation, that— 
‘‘(i) the use of alternatives to deten-
tion will not reasonably ensure the appear-
ance of the noncitizen at removal pro-
ceedings; or 
‘‘(ii) the noncitizen is a threat to an-
other person or the community. 
‘‘(C) PENDING
CRIMINAL
CHARGE.—A 
pending criminal charge against a noncitizen 
may not be the sole factor to justify the contin-
ued detention of the noncitizen. 
‘‘(2) NONCITIZEN
DESCRIBED.—A noncitizen 
described in this paragraph is a noncitizen who— 
‘‘(A) has a pending application, which has 
not been found to be frivolous, under— 
‘‘(i) subparagraph (T) or (U) of sec-
tion 101(a)(15); 
‘‘(ii) section 106; 
‘‘(iii) section 240A(b)(2); or 
‘‘(iv) section 244(a)(3) (as in effect on 
March 31, 1997); or 
‘‘(B) is a VAWA self-petitioner, as defined 
in section 101(a)(51), has a pending petition 
for relief, and can demonstrate prima facie eli-
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296 
gibility under a provision referred to in any of 
subparagraphs (A) through (G) of such sec-
tion.’’. 
SEC. 4305. ALTERNATIVES TO DETENTION. 
Section 236 of the Immigration and Nationality Act 
(8 U.S.C. 1226), as amended by section 4304, is further 
amended by adding at the end the following: 
‘‘(g) ALTERNATIVES TO DETENTION.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish programs that provide alter-
natives to detaining noncitizens, which shall offer a 
continuum of supervision mechanisms and options, 
including community-based supervision programs 
and community support. 
‘‘(2) CONTRACTS
WITH
NONGOVERNMENTAL 
ORGANIZATIONS.—The Secretary of Homeland Secu-
rity may contract with nongovernmental community- 
based organizations to provide services for programs 
under paragraph (1), including case management 
services, appearance assistance services, and screen-
ing of detained noncitizens.’’. 
SEC. 4306. NOTIFICATION OF PROCEEDINGS. 
(a) WRITTEN RECORD OF ADDRESS.—Section 239(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1229(a)) is amended— 
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320 
‘‘(bb) has suffered substantial 
abuse or harm related to a violation 
described in clause (iv); 
‘‘(cc) is a victim of criminal ac-
tivity described in clause (iii) and 
would suffer extreme hardship upon 
removal; or 
‘‘(dd) has suffered a violation de-
scribed in clause (iv) and would suffer 
extreme hardship upon removal;’’; 
(B) in subclause (II), by inserting ‘‘, or a 
labor or employment violation resulting in a 
workplace claim described in clause (iv)’’ before 
the semicolon at the end; 
(C) in subclause (III)— 
(i) by striking ‘‘or State judge, to the 
Service’’ and inserting ‘‘, State, or local 
judge, to the Department of Homeland Se-
curity, to the Equal Employment Oppor-
tunity Commission, to the Department of 
Labor, to the National Labor Relations 
Board’’; and 
(ii) by inserting ‘‘, or investigating, 
prosecuting, or seeking civil remedies for a 
labor or employment violation related to a 
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321 
workplace claim described in clause (iv)’’ 
before the semicolon at the end; and 
(D) in subclause (IV)— 
(i) by inserting ‘‘(aa)’’ after ‘‘(IV)’’; 
(ii) by inserting ‘‘or’’ after the semi-
colon at the end; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(bb) a workplace claim described in clause 
(iv) resulted from a labor or employment viola-
tion;’’; 
(2) in clause (ii)(II), by striking ‘‘and’’ at the 
end; 
(3) in clause (iii), by striking ‘‘or’’ at the end 
and inserting ‘‘and’’; and 
(4) by adding at the end the following: 
‘‘(iv) if the labor or employment violation re-
lated to a workplace claim, the noncitizen— 
‘‘(I) has filed, is a material witness in, or 
is likely to be helpful in the investigation of, a 
bona fide workplace claim (as defined in section 
274A(e)(10)(B)(i)(II)); and 
‘‘(II) reasonably fears, has been threatened 
with, or has been the victim of, an action in-
volving force, physical restraint, retaliation, or 
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334 
individual’s national origin or citizenship status, 
with respect to— 
‘‘(A) the hiring of the individual for em-
ployment; 
‘‘(B) the verification of the individual’s eli-
gibility to work in the United States; or 
‘‘(C) the discharging of the individual from 
employment. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to— 
‘‘(A) a person, other entity, or employer 
that employs 3 or fewer employees (other than 
an employment agency); 
‘‘(B) a person’s or entity’s discrimination 
based upon an individual’s national origin if the 
discrimination with respect to that employer, 
person, or entity and that individual is covered 
under section 703 of the Civil Rights Act of 
1964 (42 U.S.C. 2000e–2), unless the discrimi-
nation is related to an individual’s verification 
of employment authorization; or 
‘‘(C) discrimination based upon an individ-
ual’s citizenship status if such discrimination— 
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