‘‘(DD) at the time at 
which the spouse or child 
files an application for sus-
pension of deportation or 
cancellation 
of 
removal; 
and’’; 
(2) in subsection (f), in paragraph (1), by in-
serting ‘‘including subsections (VI) and (VII)’’ after 
‘‘the alien is described in subsection (c)(5)(C)(i) of 
this section’’; and 
(3) in subsection (g)— 
(A) by inserting ‘‘(1)’’ before ‘‘Notwith-
standing’’; 
(B) by inserting ‘‘subject to paragraph 
(2),’’ after ‘‘section 101(a) of the Immigration 
and Nationality Act)),’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) There shall be no limitation on a motion 
to reopen removal or deportation proceedings in the 
case of an alien who is described in subclause (VI) 
or (VII) of subsection (c)(5)(C)(i). Motions to re-
open removal or deportation proceedings in the case 
of such an alien shall be handled under the proce-
dures that apply to aliens seeking relief under sec-
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tion 204(a)(1)(A)(iii) of the Immigration and Na-
tionality Act.’’. 
SEC. 206. BATTERED SPOUSE WAIVERS AND CONDITIONAL 
RESIDENTS. 
(a) GROUNDS FOR HARDSHIP WAIVER FOR CONDI-
TIONAL
PERMANENT
RESIDENCE
FOR
INTENDED 
SPOUSES.—Section 216(c)(4) of the Immigration and Na-
tionality Act (8 U.S.C. 1186a(c)(4)) is amended— 
(1) in subparagraph (B)— 
(A) by inserting after ‘‘(other than through 
the death of the spouse)’’ the following: ‘‘, or 
the alien has filed for termination of marriage 
and shall furnish proof of termination prior to 
the time of adjudication,’’; and 
(B) by striking ‘‘or’’ at the end; 
(2) in subparagraph (C) by striking the period 
and inserting ‘‘, or’’; and 
(3) after subparagraph (C) by inserting the 
fol1lowing new subparagraph: 
‘‘(D) the alien meets the requirements 
under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 
following the marriage ceremony has been bat-
tered by or was subject to extreme cruelty per-
petrated by his or her intended spouse and was 
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not at fault in failing to meet the requirements 
of paragraph (1).’’. 
(b) TECHNICAL CORRECTIONS.—Section 216(c)(4) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1186a(c)(4)), as amended by subsection (a), is further 
amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘The Attorney General, in the Attorney 
General’s’’ and inserting ‘‘The Secretary of Home-
land Security, in the Secretary’s’’; and 
(2) in the undesignated paragraph at the end— 
(A) in the first sentence, by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary of 
Homeland Security’’; 
(B) in the second sentence, by striking 
‘‘Attorney General’’ and inserting ‘‘Secretary’’; 
(C) in the third sentence, by striking ‘‘At-
torney General.’’ and inserting ‘‘Secretary.’’; 
and 
(D) in the fourth sentence, by striking 
‘‘Attorney General’’ and inserting ‘‘Secretary’’. 
(c) GROUNDS FOR RELIEF.—Such section is further 
amended by adding at the end the following: ‘‘An applica-
tion for relief under this paragraph may be based on one 
or more grounds specified in subparagraphs (A) through 
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(D) and may be amended at any time to change the 
ground or grounds for such relief without the application 
being resubmitted.’’. 
(d) 
CONFORMING
AMENDMENT.—Section 
237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) 
is amended by inserting before the period at the end the 
following: ‘‘or qualifies for a waiver under section 
216(c)(4)’’. 
(e) PROOF OF TERMINATION OF THE MARRIAGE DUE 
AT FINAL ADJUDICATION THE HARDSHIP WAIVER.—Sec-
tion 216(c)(4)(B) is amended by inserting ‘‘or the alien 
has filed for termination of marriage and will furnish 
proof of termination by the time of adjudication’’ after 
‘‘terminated (other than through the death of the 
spouse)’’; 
(f) CHILDREN OF CONDITIONAL RESIDENTS.—In the 
case of an alien who meets the requirements of subsection 
(c) the Secretary may adjust the status of any child of 
the 
alien 
as 
immediate 
relatives 
under 
section 
201(b)(2)(A)(i) (8 U.S.C. 1151). 
(g) EFFECTIVE DATES.— 
(1) The amendments made by subsection (a) 
shall apply as if included in the enactment of the Vi-
olence Against Women Act of 2000. 
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(2) The amendments made by subsections (b) 
and (c) shall apply to applications for relief pending 
or filed on or after April 10, 2003. 
(3) The amendments made by subsections (d) 
and (e) shall take effect upon enactment. 
SEC. 207. ASYLUM PROTECTIONS FOR VICTIMS OF VIO-
LENCE AGAINST WOMEN. 
(a) Section 101(a)(42) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(42)) is amended by adding 
at the end the following: 
‘‘For purposes of determinations under this Act, any 
group whose members share a characteristic that is either 
immutable or fundamental to identity, conscience, or the 
exercise of one’s human rights such that the person should 
not be required to change it, shall be deemed a particular 
social group, without any additional requirement.’’. 
(b) Section 208(b)(1)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1158(b)(1)(B)) is amended by in-
serting a new clause (iii), as follows, and renumbering 
thereafter: 
‘‘(iii) SUPPORTING EVIDENCE ACCEPT-
ED.—Direct or circumstantial evidence, in-
cluding evidence that the State is unable to 
protect the applicant or that the State, 
legal or social norms tolerate such persecu-
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tion against persons like the applicant, 
may establish that persecution is on ac-
count of race, religion, nationality, mem-
bership in a particular social group, or po-
litical opinion.’’. 
(c) Section 208(d)(6) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(d)(6)) is amended— 
(1) by inserting ‘‘(A) IN
GENERAL—’’ after 
‘‘(6)’’; and 
(2) by adding at the end the following: 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall not apply to an alien who is otherwise eli-
gible for classification or status as a VAWA 
self-petitioner, 
as 
described 
in 
section 
101(a)(51) of this Act, or who is otherwise eli-
gible 
for 
status 
either 
under 
section 
101(a)(15)(T) or section 101(a)(15)(U) of this 
Act.’’. 
(d) SPOUSES AND CHILDREN OF ASYLUM APPLI-
CANTS UNDER ADJUSTMENT PROVISIONS.— 
(1) IN GENERAL.—Section 209(b)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1159(b)(3)) 
is amended— 
(A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(B) by adding at the end the following: 
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‘‘(B) was the spouse of a refugee within 
the meaning of section 101(a)(42)(A) at the 
time the asylum application was granted; or 
‘‘(C) was the child of a refugee within the 
meaning of section 101(a)(42)(A) at the time 
the asylum application was filed,’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and— 
(A) section 209(b)(3)(B) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1159(b)(3)(B)), as added by paragraph (1)(B), 
shall apply to spouses of refugees for whom an 
asylum application is granted before, on, or 
after such date; and 
(B) section 209(b)(3)(C) of such Act (8 
U.S.C. 1159(b)(3)(C)), as so added, shall apply 
with respect to the child of a refugee for whom 
an asylum application is filed before, on, or 
after such date. 
(e) CHILDREN OF REFUGEE OR ASYLEE SPOUSES 
AND CHILDREN.—A child of an alien who qualifies for ad-
mission as a spouse or child under section 207(c)(2)(A) 
or 208(b)(3) of the Immigration and Nationality Act (8 
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U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to 
the same admission status as such alien if the child— 
(1) is accompanying or following to join such 
alien; and 
(2) is otherwise admissible under such section 
207(c)(2)(A) or 208(b)(3). 
(f) ELIMINATION OF ARBITRARY TIME LIMITS ON 
ASYLUM APPLICATIONS.—Section 208(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1158(a)(2)) is 
amended— 
(1) by striking subparagraph (B); 
(2) by redesignating subparagraphs (C) and 
(D) as subparagraphs (B) and (C), respectively; 
(3) in subparagraph (B), as redesignated, by 
striking ‘‘(D)’’ and inserting ‘‘(C)’’; 
(4) by striking subparagraph (C), as redesig-
nated, and inserting the following: 
‘‘(C) CHANGED
CIRCUMSTANCES.—Not-
withstanding subparagraph (B), an application 
for asylum of an alien may be considered if the 
alien demonstrates, to the satisfaction of the 
Attorney General, the existence of changed cir-
cumstances that materially affect the appli-
cant’s eligibility for asylum.’’; and 
(5) by striking subparagraph (E). 
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(g) PROTECTIONS FOR MINORS SEEKING ASYLUM.— 
Section 208 of the Immigration and Nationality Act (8 
U.S.C. 1158) is amended— 
(1) in subsection (a)(2), by adding at the end 
the following: 
‘‘(D) APPLICABILITY
TO
MINORS.—Sub-
paragraphs (A) and (B) do not apply to an ap-
plicant who is younger than 18 years of age on 
the earlier of— 
‘‘(i) the date on which the asylum ap-
plication is filed; or 
‘‘(ii) the date on which any Notice to 
Appear is issued.’’; and 
(2) in subsection (b)(3)(C), by striking ‘‘unac-
companied alien child (as defined in section 462(g) 
of the Homeland Security Act of 2002 (6 U.S.C. 
279(g))),’’ and inserting: ‘‘applicant who is younger 
than 18 years of age on the earlier of— 
‘‘(i) the date on which the asylum ap-
plication is filed; or 
‘‘(ii) the date on which any Notice to 
Appear is issued,’’. 
SEC. 208. PROTECTIONS FROM REMOVAL FOR VICTIMS. 
(a) EXCEPTION FOR VAWA SELF-PETITIONERS.— 
Section 212(a)(9)(B)(iii)(IV) of the Immigration and Na-
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tionality Act (8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is amend-
ed— 
(1) by inserting ‘‘(I)’’ after ‘‘(6)(A)(ii)’’; and 
(2) by striking ‘‘if ‘violation of the terms of the 
alien’s nonimmigrant visa were substituted for un-
lawful entry into the United States’ in subclause 
(III) of that paragraph’’. 
(b) 
WAIVERS
FOR
ABUSED
ALIENS.—Section 
212(a)(9)(C)(iii) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(9)(C)(iii)) is amended— 
(1) by inserting ‘‘or the Attorney General’’ 
after ‘‘Secretary of Homeland Security’’; and 
(2) by striking the language following ‘‘clause 
(i)’’ and inserting ‘‘for humanitarian purposes, to 
assure family unity, when it is otherwise in the pub-
lic interest, or in the case of an alien who is apply-
ing for or has a claim of relief as a VAWA self-peti-
tioner’’. 
(c) EXEMPTION FROM PUBLIC CHARGE GROUND.— 
(1) IN GENERAL.—Section 212(a)(4) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)(4)) 
is amended by adding at the end the following new 
subparagraph: 
‘‘(E) SPECIAL
RULE
FOR
QUALIFIED 
ALIEN
VICTIMS.—Subparagraphs (A) through 
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(C) shall not apply to an alien who is a VAWA 
self-petitioner, is an applicant or has been 
granted status under section 101(a)(15)(U), or 
is a qualified alien described in section 431(c) 
of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
212(a)(4)(C)(i) 
of 
such 
Act 
(8 
U.S.C. 
1182(a)(4)(C)(i)) is amended to read as follows: 
‘‘(i) the alien is described in subpara-
graph (E); or’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this section shall take effect on the date of the 
enactment of this Act and shall apply regardless of 
whether the alien’s application was filed before, on, 
or after such date. 
(d) WAIVER FOR FALSE CLAIMS TO UNITED STATES 
CITIZENSHIP.—Section 212(a)(6)(C)(ii) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is 
amended— 
(1) by adding at the end the following new sub-
clause: 
‘‘(III) 
EXCEPTION.—An 
alien 
who is a VAWA self-petitioner shall 
not be considered to be inadmissible 
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under any provision of this subsection 
based on such representation.’’. 
(2) Section 101(f) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(f)) is amended— 
(A) in the last sentence of this subsection, 
by striking ‘‘,’’ after ‘‘or violation that he or she 
was a citizen’’; and 
(B) by inserting ‘‘; or the alien is a VAWA 
self-petitioner;’’ after ‘‘violation that he or she 
was a citizen’’. 
(e) WAIVER
FOR
CERTAIN
VAWA SELF-PETI-
TIONERS.—Section 212(d)(11) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(11)) is amended by 
adding at the end the following: ‘‘The Attorney General 
may waive the application of clause (i) of subsection 
(a)(6)(E) in the case of an alien who is a VAWA self- 
petitioner.’’. 
(f) WAIVER AUTHORIZED.—Section 212(a)(9)(A) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(9)(A)) is amended by adding at the end the fol-
lowing new clause: 
‘‘(iv) WAIVER FOR VAWA SELF-PETI-
TIONER.—The Attorney General or the 
Secretary may waive the application of 
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clauses (i) or (ii) if the alien is applying 
for relief as a VAWA self-petitioner.’’. 
(g) CONFORMING RELIEF IN SUSPENSION OF DE-
PORTATION PARALLEL TO THE RELIEF AVAILABLE IN 
THE VIOLENCE AGAINST WOMEN ACT OF 2000 CAN-
CELLATION FOR BIGAMY.— 
(1) IN GENERAL.—Section 244(a)(3) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1254a(a)(3)) (as in effect before the title III–A ef-
fective date in section 309 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996) 
shall be applied as if ‘‘or by a United States citizen 
or lawful permanent resident whom the alien in-
tended to marry, but whose marriage is not legiti-
mate because of that United States citizen’s or per-
manent resident’s bigamy’’ were inserted after ‘‘by a 
spouse or parent who is a United States citizen or 
lawful permanent resident’’. 
(2) EFFECTIVE DATE.—The provisions of para-
graph (1) shall apply as if included in the enactment 
of the Violence Against Women Act of 2000. 
(h) APPLICATION OF VAWA MOTIONS TO REOPEN 
RULES CRIME VICTIMS.—Section 240(c)(7)(C)(iv) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) 
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of the REAL ID Act of 2005 (division B of Public Law 
109–13), is amended— 
(1) in the first clause by deleting ‘‘and par-
ents—’’ and adding ‘‘parents, trafficking victims 
and crime victims—’’; 
(2) by amending subclause (I) to read as fol-
lows: 
‘‘(I) if the basis for this motion is 
to apply for relief under sections 
101(a)(15)(T), 101(a)(15(U), 245(a), 
245(c), 245(l), 245(m), 240A(b)(2), 
and section 244(a)(3) (as in effect on 
March 31, 1997) or as a VAWA self- 
petitioner;’’; 
(3) by amending subclause (II) to read as fol-
lows: 
‘‘(II) if the motion is accom-
panied by a cancellation of removal or 
adjustment of status application to be 
filed with the Attorney General or by 
a copy of the self-petition, or the ap-
plication 
for 
relief 
under 
101(a)(15)(T) or (U), that has been 
or will be filed with the Department 
of Homeland Security upon the grant-
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ing of the motion to reopen; and’’; 
and 
(4) in the last paragraph of this section— 
(A) by inserting ‘‘or an alien who qualifies 
for classification under 101(a)(15(U)’’ after 
‘‘Act of 1996 (8 U.S.C. 1641(c)(1)(B))’’; and 
(B) by inserting ‘‘ or an alien that quali-
fies for classification under 101(a)(15)(U)’’. 
(i) IN GENERAL.—Section 241 of the Immigration 
and Nationality Act (8 U.S.C. 1231) is amended by add-
ing at the end the following new subsection: 
‘‘(h) Any alien with a pending application under 
101(a)(15)(T)(i) or T(i), 101(a)(15)(U)(i) or (U)(ii), 
101(a)(51), 240A(b)(2), or 244(a)(3) (as in effect on 
March 31, 1997), shall not be ordered removed under this 
section.’’. 
SEC. 209. NATURALIZATION. 
(a) IN GENERAL.—Section 319(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1430(a)) is amended 
to read as follows: 
‘‘(a)(1) Any person who is— 
‘‘(A) a spouse of citizen of the United States; 
or 
‘‘(B) any person who obtained status as a law-
ful permanent resident and who was battered or sub-
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jected to extreme cruelty by a United States citizen 
who is or was a spouse, parent, son or daughter; and 
‘‘(2) may be naturalized— 
‘‘(A) upon compliance with all the requirement 
of this title except the provisions of paragraph (1) 
of section 316(a); 
‘‘(B) if such person immediately preceding the 
date of filing his or her application for naturaliza-
tion has resided continuously, after being lawfully 
admitted for permanent residence, within the United 
States for at least three years; 
‘‘(C)(i) during the three years immediately pre-
ceding the date of filing his or her application has 
been living in marital union with the citizen spouse 
who has been a United States citizen during all of 
such period; and 
‘‘(ii) in the case of a person who has been bat-
tered or subjected to extreme cruelty by a United 
States citizen spouse, parent, son or daughter, the 
requirement of subsection (C)(i) shall not apply re-
gardless of whether the lawful permanent resident 
status was obtained on the basis of such battery or 
cruelty; 
‘‘(D) has been physically present in the United 
States for periods totally at least half of the time; 
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‘‘(E)(i) has resided within the State or district 
of the Services in the United States in which the ap-
plicant filed his or her application for at least three 
months; or 
‘‘(ii) applications for naturalization filed under 
paragraph (a)(1)(B) of this section shall be handled 
under the procedures that apply to aliens seeking re-
lief under section 101(a)(51) of the Immigration and 
Nationality Act; and 
‘‘(F) the provisions of section 204(a)(1)(J) 
shall apply in acting on an application under this 
subsection in the same manner as they apply in act-
ing on petitions referred to in such section.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to applications for naturaliza-
tion filed before, on, or after the date of the enactment 
of this Act. 
SEC. 210. GENERAL PROVISIONS. 
(a) EXPANSION
OF FEE WAIVERS
TO CONSULAR 
FEES AND ANY FEES IN REMOVAL PROCEEDINGS.—Sec-
tion 245(l)(7) of the Immigration and Nationality Act (8 
U.S.C. 1255(l)(7)) is amended to insert ‘‘the Secretary of 
State, an immigration judge, and the Board of Immigra-
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tion Appeals’’ after ‘‘The Secretary of Homeland Secu-
rity’’. 
(b) REVIEW
OF
EXTREME
CRUELTY.—Section 
204(a)(1) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)) is amended by adding at the end the 
following: 
‘‘(M) For the purposes of this section and 
in all cases described in section 101(a)(51), 
under section 106, under section 240A(b)(2), or 
under section 244(a)(3) (as in effect on March 
31, 1997), the determination of the existence of 
extreme cruelty is a question of law applied to 
facts and not a discretionary determination.’’. 
(c) 
ALLOWING
JUDICIAL
REVIEW
IN
VAWA 
CASES.—Section 242(e)(4) of the Immigration and Na-
tionality Act (8 U.S.C. 1252(e)(4)) is amended in sub-
paragraph (A)— 
(1) by striking ‘‘or’’; 
(2) by inserting ‘‘or’’ after ‘‘under section 
208,’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(C) is a VAWA self-petitioner, an appli-
cant for relief under section 101(a)(15)(T) or 
(U), an applicant for relief under section 
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240A(b)(2), or an applicant for relief under sec-
tion 244(a)(3) (as in effect on March 31, 
1997),’’. 
(d) 
VAWA 
UNIT
ADJUDICATIONS.—Section 
101(a)(51) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(51)) is amended by adding at the end the 
following new paragraph: 
‘‘(52) Applications for relief, adjustment of sta-
tus, employment authorization, parole, deferred ac-
tion, or naturalization, and all administrative deter-
minations relating to such applications under para-
graphs (15)(T), (15)(U), (27)(J), and (51) of this 
section, or under section 106 shall be adjudicated at 
the VAWA Unit of Vermont Service Center.’’. 
SEC. 211. TECHNICAL CORRECTIONS. 
(a) TECHNICAL CORRECTION.—Effective as if in-
cluded in the enactment of section 1505(c)(2) of Violence 
Against Women Act of 2000, section 237(a)(1)(H)(i)(II) 
of the Immigration and Nationality Act (8 U.S.C. 
1227(a)(1)(H)(i)(II)) is amended by striking the period 
at the end and inserting ‘‘; or’’. 
(b) ADDITIONAL TECHNICAL CORRECTION.—Section 
237(a)(7)(A)(i)(I) of the Immigration and Nationality Act 
(8 U.S.C. 1227(a)(7)(A)(i)(I)) is amended by striking ‘‘is 
self-defense’’ and inserting ‘‘in self-defense’’. 
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(c) IN GENERAL.—Section 204(a)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend-
ed— 
(1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), 
by striking ‘‘an incident of domestic violence’’ and 
inserting ‘‘battering or extreme cruelty by the 
United States citizen spouse’’; 
(2) in subparagraph (A)(iv), by striking ‘‘an in-
cident of domestic violence’’ and inserting ‘‘battering 
or extreme cruelty by such parent’’; 
(3) in subparagraph (A)(vii)(I), as added by 
section 816 of VAWA–2005, is amended by striking 
‘‘related to an incident of domestic violence’’ and in-
serting ‘‘related to battering or extreme cruelty by 
the United States citizen son or daughter’’; 
(4) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), 
by striking ‘‘due to an incident of domestic violence’’ 
and inserting ‘‘related to battering or extreme cru-
elty by the lawful permanent resident spouse’’; and 
(5) in subparagraph (B)(iii), by striking ‘‘due 
to an incident of domestic violence’’ and inserting 
‘‘related to battering or extreme cruelty by such par-
ent’’. 
(d) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if included in the enact-
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ment of the Violence Against Women Act of 2000, except 
that the amendment made by subsection (a)(3) shall apply 
as if included in the enactment of VAWA–2005. 
(e) CORRECTION OF CROSS-REFERENCE TO CRED-
IBLE EVIDENCE PROVISIONS.— 
(1) VAWA SUSPENSION
OF
DEPORTATION.— 
Section 309(c)(5)(C)(iii) of the Illegal Immigration 
and Reform and Immigrant Responsibility Act of 
1996 (division C of Public Law 104–208; 8 U.S.C. 
1101 note), as amended by section 1510(b)(2) of the 
Violence Against Women Act of 2000, is amended 
by 
striking 
‘‘204(a)(1)(H)’’ 
and 
inserting 
‘‘204(a)(1)(J)’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this section shall take effect as if included in the 
enactment of the Violence Against Women Act of 
2000. 
(f) MISCELLANEOUS
CORRECTIONS
TO
VAWA– 
2005.— 
(1) IN GENERAL.—Section 204(a)(1)(D) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(D)), is amended by striking ‘‘a petitioner 
for preference status under paragraph (1), (2), or 
(3) of section 203(a), whichever paragraph is appli-
cable’’ and inserting ‘‘to continue to be treated as an 
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immediate relative under section 201(b)(2)(A)(i), or 
to be a petitioner for preference status under section 
203(a)(3) if subsequently married or a petitioner for 
preference status under section 203(a)(2)(A), which-
ever is applicable’’. 
(2) EFFECTIVE DATE.—The amendments made 
by subsection (a) shall apply to applications filed be-
fore, on, or after the date of the enactment of the 
Violence Against Women Act of 2000. 
TITLE III—VAWA 
CONFIDENTIALITY 
SEC. 301. VAWA CONFIDENTIALITY IMPROVEMENTS. 
(a) 
VAWA 
CONFIDENTIALITY
MOVED
FROM 
IIRAIRA.— 
(1) IN GENERAL.—The Illegal Immigration Re-
form and Immigration Responsibility Act of 1996 
(division C of Public Law 104–208; 8 U.S.C. 
1367(a)) is amended by striking section 384. 
(2) 
CONFORMING
AMENDMENT.—Section 
239(e)(1) of the Immigration and Nationality Act (8 
U.S.C. 1229(e)(1)) is amended by striking ‘‘section 
384 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1367)’’ 
and inserting ‘‘section 245B’’. 
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(b) INSERTION OF VAWA CONFIDENTIALITY IN THE 
INA.—The Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) is amended by inserting after section 245A 
the following: 
‘‘SEC. 245B. CONFIDENTIALITY OF CERTAIN INFORMATION 
RELATING TO BATTERED ALIENS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c) of this section, enforcement official may not— 
‘‘(1) make an adverse determination, using in-
formation furnished by a VAWA perpetrator, on— 
‘‘(A) admissibility of an alien, 
‘‘(B) deportability of an alien, 
‘‘(C) detention of an alien, 
‘‘(D) any application for immigration relief 
of an alien, or 
‘‘(E) whether or not to initiate an enforce-
ment action against an alien, 
unless the alien has been convicted of a crime or 
crimes listed in section 237; or 
‘‘(2) permit use by or disclosure to anyone 
(other than a sworn officer or employee of the De-
partment, or bureau or agency thereof, for legiti-
mate Department, bureau, or agency purposes) of 
any information which relates to an alien who is the 
beneficiary of an application for relief under— 
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‘‘(A) paragraph (15)(T), (15)(U), or (51) 
of section 101(a); 
‘‘(B) section 106; 
‘‘(C) section 240A(b)(2); 
‘‘(D) section 287(h); or 
‘‘(E) section 244(a)(3) (as in effect prior 
to March 31, 1997). 
‘‘(b) DURATION OF LIMITATION ON DISCLOSURE.— 
Notwithstanding section 552 of title 5, United States 
Code, the limitation under paragraph (2) ends when the 
application for relief is denied and all opportunities for 
appeal of the denial have been exhausted. 
‘‘(c) EXCEPTIONS TO NONDISCLOSURE.— 
‘‘(1) IN THE SAME MANNER AS CENSUS INFOR-
MATION.—The Attorney General may provide, in the 
Attorney General’s discretion, for the disclosure of 
information in the same manner and circumstances 
as census information may be disclosed by the Sec-
retary of Commerce under section 8 of title 13, 
United States Code. 
‘‘(2) FOR LAW ENFORCEMENT PURPOSES.—The 
Attorney General may provide in the discretion of 
the Attorney General for the disclosure of informa-
tion to Federal law enforcement officials to be used 
solely for a legitimate law enforcement purpose. 
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‘‘(3) FOR PURPOSES OF JUDICIAL REVIEW.— 
Subsection (a) of this section shall not be construed 
as preventing disclosure of information in connection 
with judicial review of a determination in an immi-
gration case described in subsection (a) of an alien 
protected by this section in a manner that protects 
the confidentiality of such information. 
‘‘(4) IN ACCORDANCE WITH EXPLICIT WAIVER 
BY VICTIMS.—Subsection (a)(2) of this section shall 
not apply if all the battered individuals in the case 
are adults and they have all waived the restrictions 
of such subsection. 
‘‘(5) FOR PURPOSES OF DETERMINING ELIGI-
BILITY FOR BENEFITS.—The Attorney General and 
the Secretary of Homeland Security are authorized 
to disclose information, to Federal, State, and local 
public and private agencies providing benefits, to be 
used solely in making determinations of eligibility 
for benefits pursuant to section 431(c) of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1641(c)), in a 
manner that protects the confidentiality of such in-
formation. 
‘‘(6) FOR PURPOSES OF CONGRESSIONAL OVER-
SIGHT.—Subsection (a) of this section may not be 
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construed to prevent the Attorney General and the 
Secretary of Homeland Security from disclosing to 
the chairmen and ranking members of the Com-
mittee on the Judiciary of the Senate or the Com-
mittee on the Judiciary of the House of Representa-
tives, for the exercise of congressional oversight au-
thority, information on closed cases under this sec-
tion in a manner that protects the confidentiality of 
such information and that omits personally identi-
fying information (including locational information 
about individuals). 
‘‘(7) FOR PURPOSES OF ASSISTING VICTIMS IN 
OBTAINING SERVICES.—Government entities adjudi-
cating applications for relief under subsection (a)(2) 
of this section, and government personnel carrying 
out mandated duties under section 101(i)(1), may, 
with the prior written consent of the alien involved, 
communicate with nonprofit, nongovernmental vic-
tims’ service providers for the sole purpose of assist-
ing victims in obtaining victim services from pro-
grams with expertise working with immigrant vic-
tims. Agencies receiving referrals are bound by the 
provisions of this section. Nothing in this paragraph 
shall be construed as affecting the ability of an ap-
plicant to designate a safe organization through 
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whom governmental agencies may communicate with 
the applicant. 
‘‘(d) PENALTIES
FOR
VIOLATION.—Anyone who 
knowingly uses, publishes, or permits information to be 
disclosed in violation of this section or who knowingly 
makes a false certification under section 239(e) shall be 
subject to appropriate disciplinary action and subject to 
a civil money penalty of not more than $5,000 for each 
such violation. 
‘‘(e) GUIDANCE.—The Attorney General and the Sec-
retary of Homeland Security shall provide guidance to of-
ficers and employees of the Department of Justice or the 
Department of Homeland Security who have access to in-
formation covered by this section regarding the provisions 
of this section, including the provisions to protect victims 
of domestic violence from harm that could result from the 
inappropriate disclosure of covered information. 
‘‘(f) REQUIREMENT
TO
PROVIDE
INFORMATION 
ABOUT ELIGIBILITY FOR IMMIGRATION RELIEF.—When 
information is furnished by a VAWA perpetrator, the Fed-
eral, State, or local agency receiving the information shall, 
within 24 hours, provide to the alien to whom the informa-
tion pertains informational materials about eligibility for 
relief 
under 
sections 
101(a)(51), 
101(a)(15)(T), 
101(a)(15)(U), 287(h), 106, 240A(b)(2), 244(a)(3) (as in 
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effect on March 31, 1997) along with referrals to local 
victim services agencies. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘enforcement officer’ means— 
‘‘(A) the Attorney General; 
‘‘(B) the Secretary of Homeland Security; 
‘‘(C) the Secretary of State; 
‘‘(D) any other official or employee of the 
Department of Homeland Security, the Depart-
ment of Justice, or the Department of State 
(including any bureau or agency of either of 
any such Department); or 
‘‘(E) any other State or Federal Govern-
ment officer or employee. 
‘‘(2) The term ‘VAWA perpetrator’ means, with 
regard to an alien— 
‘‘(A) a spouse, parent, son, or daughter 
who has battered the alien or subjected the 
alien to extreme cruelty; 
‘‘(B) a member of the family of the spouse, 
parent, son, or daughter of the alien, who has 
battered the alien or subjected the alien to ex-
treme cruelty; 
‘‘(C) a spouse, parent, son, or daughter of 
the alien who has battered the alien’s child or 
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subjected the alien’s child to extreme cruelty 
(without the active participation of the alien in 
the battery or extreme cruelty); 
‘‘(D) a member of the family of the spouse, 
parent, son, or daughter of the alien who has 
battered the alien’s child or subjected the 
alien’s child to extreme cruelty when the 
spouse, parent, son, or daughter consented to 
or acquiesced in such battery or cruelty and the 
alien did not actively participate in such battery 
or cruelty; 
‘‘(E) in the case of an alien subjected to 
criminal 
activities 
listed 
in 
section 
101(a)(15)(U)(iii), or an alien applying for sta-
tus under section 101(a)(15)(U), the perpe-
trator of the criminal activity; 
‘‘(F) in the case of an alien subjected to a 
severe form of human trafficking or applying 
for status— 
‘‘(i) under section 101(a)(15)(T), 
‘‘(ii) 
under 
section 
7105(b)(1)(E)(i)(II)(bb) of title 22, United 
States Code, 
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‘‘(iii) under section 244(a)(3) of this 
Act (as in effect prior to March 31, 1999), 
or 
‘‘(iv) as a VAWA self-petitioner (as 
defined in section 101(a)(51)), 
the trafficker or perpetrator; or 
‘‘(G) in the case of an alien who is— 
‘‘(i) a VAWA self petitioner (as de-
fined in section 101(a)(51)), or 
‘‘(ii) an alien described in section 106, 
240A(b)(2), 287(h), or 244(a)(3) (as in ef-
fect on March 31, 1997), 
a spouse, parent, son or daughter of the alien or a 
member of the family of such spouse, parent, son or 
daughter who battered the alien (or the alien’s child) 
or subjected the alien (or the alien’s child) to bat-
tering or extreme cruelty.’’. 
(c) VAWA CONFIDENTIALITY
IN REMOVAL PRO-
CEEDINGS.—Section 239(e) of the Immigration and Na-
tionality Act (8 U.S.C. 1229(e)) is amended— 
(1) in paragraph (1), by inserting after ‘‘an 
alien at’’ the following: ‘‘or within 500 yards of’’; 
and 
(2) in paragraph (2)(A), by inserting after ‘‘su-
pervised visitation center’’ the following: ‘‘hospital, 
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Federally qualified health center, governmental and 
nongovernmental child, elder and adult protective 
services agency, school and head start program, reli-
gious or faith-based organization’’. 
(d) EXPANSION OF DEFINITION OF VAWA SELF-PE-
TITIONER.—Section 101(a)(51) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(51)) is amended— 
(1) in subparagraph (F), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (G), by striking the period 
at the end and inserting the following: ‘‘;’’; and 
(3) by adding at the end the following: 
‘‘(H) section 106; and 
‘‘(I) special immigrant juveniles described 
in section 287(h).’’. 
(e) ADDITIONAL
REQUIREMENTS
FOR
SECTION 
287(g) AGREEMENTS.—Section 287(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(g)) is amended 
by adding at the end the following: 
‘‘(11)(A) All agreements (new or renewed) 
under this subsection executed by the Attorney Gen-
eral after the date of enactment of this subpara-
graph shall require that an officer or employee of a 
State or political subdivision of a State performing 
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a function under the agreement shall, as a term of 
the agreement— 
‘‘(i) comply with policies, procedures and 
practices established by that State or subdivi-
sion that are publicized in the jurisdictions the 
officer or employee serves; 
‘‘(ii) issue certifications for non-citizen vic-
tims under section 101(a)(15)(U); and 
‘‘(iii) comply with and not violate the re-
quirements of section 245B in the same manner 
and subject to the same sanctions as an em-
ployee of the Department of Homeland Secu-
rity. 
‘‘(B) Not later than 180 days after entering 
into an agreement under this subsection, and annu-
ally thereafter, the State or subdivision shall report 
to the Department of Homeland Security the fol-
lowing— 
‘‘(i) the number of requests for certifi-
cation under section 101(a)(15)(U); 
‘‘(ii) the number of U-visa certifications 
issued; 
‘‘(iii) the number of T-visa endorsements 
requests received; and 
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‘‘(iv) the number of T-visa certifications 
issued. 
‘‘(C) The Secretary of Homeland Security shall 
submit an annual report to Congress listing the 
name of each State or subdivision and the informa-
tion provided under subparagraph (B).’’. 
TITLE IV—TRAINING 
IMPROVEMENTS 
SEC. 401. TRAINING. 
(a) TRAINING OF IMMIGRATION JUDGES IN THE EX-
ECUTIVE OFFICE OF IMMIGRATION REVIEW.—Personnel 
of the Department of Homeland Security, the Department 
of Justice and the State Department who are in a position 
to come in contact with alien victims of crime shall be 
trained in identifying, making determinations regarding 
and providing for the protection of crime victims who have 
or may be eligible to apply for relief under Immigration 
and 
Nationality 
Act 
sections 
101(a)(15)(T), 
101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) 
(as 
in 
effect 
on 
March 
31, 
1999) 
or 
section 
107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protec-
tion Act of 2000 (22 U.S.C. 710). Trainings developed 
under this paragraph shall include information on the 
range of forms of immigration relief available to help im-
migrant crime victims and the requirements of VAWA 
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confidentiality 384 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367). 
Officials to receive ongoing training include but are not 
limited to— 
(1) Department of Justice— 
(A) immigration judges; 
(B) the Board of Immigration Appeals; 
and 
(C) officials responsible for investigating, 
prosecuting and adjudicating VAWA confiden-
tiality violations of section 384 of the Illegal 
Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1367); 
(2) Department of Homeland Security— 
(A) the Administrative Appeals Unit em-
ployees; 
(B) VAWA Unit employees; 
(C) officials responsible for investigating, 
prosecuting and adjudicating VAWA confiden-
tiality violations of section 384 of the Illegal 
Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1367); 
(D) personnel involved in immigration en-
forcement at Immigration and Customs En-
forcement and Customs and Border Patrol; 
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(E) Immigration and Customs Enforce-
ment trial attorneys; and 
(F) all personnel involved in managing or 
supervising the VAWA Unit or ICE trial attor-
neys; and 
(3) Department of State— 
(A) consular officials; and 
(B) officials responsible for coordination of 
State Department efforts regarding application 
for relief under Immigration and Nationality 
Act sections 101(a)(15)(T), 101(a)(15)(U), 
101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in 
effect 
on 
March 
31, 
1999) 
or 
section 
107(b)(1)(E)(i)(II)(bb) of the Trafficking Vic-
tims Protection Act of 2000 (22 U.S.C. 710). 
(b) Any training program conducted in satisfaction 
of the requirement of paragraph (a) has been or will be 
developed with input from and in collaboration nonprofit, 
nongovernmental experts with experience working with im-
migrant victims of domestic violence, sexual assault, or 
human trafficking. 
(c) Within 180 days after the effective date of this 
act, the Secretary of the Department of Homeland Secu-
rity, the Attorney General, and the Department of State 
shall in consultation with the Office of Policy and Strategy 
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of U.S. Citizenship and Immigration Services shall estab-
lish program for ongoing training described in paragraph 
(a) and shall craft and implement policies and protocols 
on the appropriate handling of cases involving victims de-
scribed in or who have filed cases under Immigration and 
Nationality Act sections 101(a)(15)(T), 101(a)(15)(U), 
101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on 
March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of the 
Trafficking Victims 14 Protection Act of 2000 (22 U.S.C. 
710). All policies and procedures developed pursuant to 
this section shall be made publically available and posted 
on the DHS website. 
(d) ACCREDITED REPRESENTATIVE-VICTIM CLIENT 
PRIVILEGE.— 
(1) 
EXTENDING
STATE
VICTIM-ADVOCATE 
PRIVILEGE
LAWS
TO
ACCREDITED
REPRESENTA-
TIVES.—It is the Sense of Congress that all States 
should promulgate victim-advocate privilege laws and 
that State victim-advocate privilege laws should be 
implemented in a manner that extends victim-advo-
cate privilege to accredited representatives working 
for community-based organizations recognized by the 
Board of Immigration Appeals in the representation 
of victims in cases filed with the Department of 
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Homeland Security, the Board of Immigration Ap-
peals or immigration judges. 
(2) REGULATIONS
AMENDED
TO
OFFER
AC-
CREDITED
REPRESENTATIVE
PRIVILEGE.—Within 
180 days of enactment, the Board of Immigration 
Appeals shall amend 8 C.F.R. 292.1(a)(4) to extend 
privilege co-extensive with attorney client privilege to 
accredited representatives and qualified recognized 
organizations to whom the Board of Immigration 
Appeals has provided recognition or accreditation. 
SEC. 402. SERVICES FOR TRAFFICKING VICTIMS. 
(a) ACCESS TO VICTIM’S SERVICES.— 
(1) Subsection 107(c) of the Trafficking Vic-
tims Protection Act of 2000 is amended— 
(A) by deleting paragraph (2) and replac-
ing it with the following new paragraph: 
‘‘(2) ACCESS
TO
INFORMATION
AND
SERV-
ICES.—Victims and potential victims of severe forms 
of trafficking shall have access to information about 
their legal rights and shall be provided translation 
services. A list of victim services agencies shall be 
provided within 24 hours of discovery of a potential 
victim. Potential victims shall not be placed in any 
local, State, or Federal jail or detention facility un-
less it has clearly been ascertained that an individual 
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is not a victim of a severe form of trafficking in per-
sons.’’; and 
(B) in paragraph (3) by deleting ‘‘Federal 
law enforcement officials’’ and inserting ‘‘Any 
Federal and local law enforcement agents au-
thorized to investigate trafficking in persons 
crimes’’. 
(2) Section 103 of the trafficking victims pro-
tection act of 2000 is amended by adding at the end 
the following new subsection: 
‘‘(15) the term ‘victim services’ means a non-
profit, nongovernmental organization that assists 
trafficking victims, including trafficking, battered 
women and sexual assault crisis centers, trafficking 
and battered women’s shelters, and other trafficking, 
sexual assault or domestic violence programs, includ-
ing nonprofit, nongovernmental organizations assist-
ing trafficking victims through the legal process.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this section shall take effect on the date of the 
enactment of this Act. 
(b) CONFORMING AMENDMENTS FOR PUBLIC AND 
ASSISTED HOUSING.—Section 214 of the Housing and 
Community Development Act of 1980 (42 U.S.C. 1436a) 
is amended— 
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(1) by amending subsection (a) to read as such 
subsection would have read if the amendments to 
such subsection made by section 3(b) of Public Law 
106–504 were made to such subsection rather than 
to section 214(a) of the Housing Community Devel-
opment Act of 1980; 
(2) in subsection (a), as amended by paragraph 
(1) of this subsection— 
(A) in paragraph (6), by striking ‘‘or’’ at 
the end; 
(B) by redesignating paragraph (7) as 
paragraph (8); and 
(C) by inserting after paragraph (6) the 
following new paragraph: 
‘‘(7) a qualified alien, as such term is defined 
in section 431 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1641); or’’; and 
(3) in subsection (c)— 
(A) in paragraph (1)(A), by striking ‘‘(6)’’ 
and inserting ‘‘(8)’’; and 
(B) in paragraph (2)(A), in the matter 
preceding clause (i), by inserting ‘‘(other than 
a qualified alien, as such term is defined in sec-
tion 431 of the Personal Responsibility and 
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Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1641)’’ after ‘‘any alien’’. 
(c) IMPROVING ACCESS
TO BENEFITS
FOR IMMI-
GRANT VICTIMS.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services, in consultation with the Secretary 
of Housing and Urban Development and Secretary 
of Department of Agriculture and the and Secretary 
of the Department of Education, shall develop an in-
formation pamphlet, as described in paragraph (2), 
on legal rights for immigrant victims to access pub-
lic benefits and distribute and make such pamphlet 
available as described in paragraph (5). In preparing 
such materials, the Secretary of Health and Human 
Services shall consult with nongovernmental organi-
zations with expertise on the legal rights to public 
benefits access for immigrant victims of battery, ex-
treme cruelty, sexual assault, and other crimes. 
(2) INFORMATION
PAMPHLET.—The informa-
tion pamphlet developed under paragraph (1) shall 
include information on the following: 
(A) Definition of Qualified Immigrants eli-
gible for Federal public benefits. 
(B) Housing rights of qualified immigrant. 
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(C) Federal- and State-funded housing 
programs open to all immigrants including 
emergency shelter and transitional housing for 
up to two years. 
(D) Qualified immigrant access to post- 
secondary financial aid, grants and loans. 
(E) Qualified immigrant access to Federal 
means tested public benefits including access 
to— 
(i) Medicaid; 
(ii) Medicaid and SCHIP for qualified 
immigrant children and pregnant women; 
(iii) food stamps; 
(iv) food stamps for qualified immi-
grant children; 
(v) SSI; 
(vi) TANF; 
(vii) child care; and 
(viii) foster care/adoption assistance, 
child support services. 
(F) Legal rights of immigrants to access 
programs, resources and services that are— 
(i) necessary to protect life and safety; 
(ii) medical assistance under title XIX 
of the Social Security Act; 
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(iii) short-term, non-cash, in-kind 
emergency disaster relief; 
(iv) public health assistance for immu-
nizations and treatment for symptoms of 
communicable diseases; 
(v) programs for housing or commu-
nity development assistance or financial as-
sistance administered by the secretary of 
HUD; 
(vi) HHS HRSA funded health care 
programs; and 
(vii) State-funded benefits. 
(G) Resources through which victims can 
obtain referrals to programs in their community 
and/or State that provide advocacy, social serv-
ices, legal services and other supportive services 
to immigrant victims of domestic violence, sex-
ual assault, human trafficking, elder abuse or 
crime victims. 
(3) TRANSLATION.—In order to best serve the 
language groups having the greatest concentration of 
immigrants seeking public benefits, the information 
pamphlet developed under paragraph (1) shall, sub-
ject to subparagraph (B), be translated by the Sec-
retary of Health and Human Services into foreign 
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languages that at a minimum include the top 15 lan-
guages of legal permanent residents and shall be re-
sponsible for reviewing these languages every 5 years 
and adding additional languages accordingly such 
other languages as the Secretary of State, in the 
Secretary’s discretion, may specify. 
(4) AVAILABILITY AND DISTRIBUTION.—The in-
formation pamphlet developed under paragraph (1) 
shall be made available and distributed as follows: 
(A) The Federal agencies described in sub-
paragraph (C) shall distribute the pamphlet de-
veloped under subparagraph (1) to all— 
(i) agency grantees; 
(ii) State agencies responsible for 
granting Federal public benefits; and 
(iii) public housing authorities. 
(B) POSTING
ON
FEDERAL
WEBSITES.— 
The pamphlet developed under paragraph (1) 
shall be accessibly posted on the Websites of 
each of the Federal Government agencies listed 
in subparagraph (C). 
(C) RESPONSIBLE FEDERAL AGENCIES.— 
(i) Department of Health and Human 
Services; 
(ii) Department of Agriculture; 
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(iii) Department of Housing and 
Urban Development; 
(iv) Department of Education; and 
(v) Department of Homeland Secu-
rity. 
(5) DEADLINE FOR PAMPHLET DEVELOPMENT 
AND DISTRIBUTION.—The pamphlet developed under 
paragraph (1) shall be distributed and made avail-
able (including in the languages specified under 
paragraph (4)) not later than 180 days after the 
date of the enactment of this Act. 
(d) EFFECTIVE DATE.—The amendments made by 
this section apply to applications for public benefits and 
public benefits provided on or after the date of the enact-
ment of this Act without regard to whether regulations 
to carry out such amendments are implemented. 
SEC. 403. ENCOURAGING CUSTODY DETERMINATIONS AND 
VAWA CONFIDENTIALITY PROTECTIONS IN 
STATE COURTS. 
Subtitle J of title IV of the Violence Against Women 
Act of 1994 (42 U.S.C. 14043 et seq.) is amended— 
(1) in paragraph (2) of section 41002, by in-
serting ‘‘(including under 8 U.S.C. 1367), U-visa 
certification under the Immigration and Nationality 
Act Section 214(p),’’ after ‘‘confidentiality’’; and 
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(2) in section 41003— 
(A) in paragraph (2)(B), by striking ‘‘and’’ 
after the semicolon; 
(B) in paragraph (C), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) Priority should given to applicants in 
which the grantee’s trainings and organizational 
policies, practices, procedures, and rules encourage 
judges issuing protection orders to include child cus-
tody provisions in the protection order when the par-
ties before the court have a child in common.’’. 
SEC. 404. IMPROVING LANGUAGE ACCESS TO SERVICES 
PROVIDED UNDER THE VIOLENCE AGAINST 
WOMEN’S ACT OF 1994 FOR PERSONS WITH 
LIMITED ENGLISH PROFICIENCY. 
(a) GOALS.— 
(1) To improve access to programs, activities, 
and services for victims of violence and other indi-
viduals who, as a result of national origin, are lim-
ited in their English proficiency. 
(2) To ensure that the programs, activities, and 
services for victims of violence that are normally 
provided in English are accessible to victims and 
other individuals with Limited English Proficiency 
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and thus do not discriminate on the basis of national 
origin in violation of title VI of the Civil Rights Act 
of 1964, as amended, and its implementing regula-
tions. 
(3) To confirm that violation of language access 
rights for Limited English Proficient individuals is 
a violation of the protections against discrimination 
based on national origin protected by the Civil 
Rights Act of 1964. 
(4) To restore the right of Limited English 
Proficient individuals to a private right of action to 
enforce all Title VI protection including disparate 
impact protections. 
(5) To provide a statutory definition of ‘‘limited 
English proficient’’ that is consistent with the defini-
tion set forth by the DOJ LEP Guidance, 67 Fed. 
Reg. 41455, 41459 (June 18, 2002). 
(b) DEFINITION.—Limited English Proficient— 
(1) ‘‘Limited English Proficient’’ means individ-
uals who— 
(A) who do not speak English as their pri-
mary language; and 
(B) who have a limited ability to 
(i) read; 
(ii) write; 
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(iii) speak; or 
(iv) understand English. 
(2) If an individual described in subsection (A) 
meets any one of the requirements of subsections 
(B)(i), B(ii), B(iii), or B(iv) the individual is limited 
English proficient without regard to the fact that 
the individual may speak some English. 
(c) ENFORCEMENT WITH REGARD TO GOVERNMENT 
ENTITIES.— 
(1) CIVIL ACTIONS FOR INJUNCTIVE RELIEF.— 
(A) VICTIMS
AGGRIEVED; INTERVENTION 
BY ATTORNEY GENERAL; LEGAL REPRESENTA-
TION; COMMENCEMENT
OF
ACTION
WITHOUT 
PAYMENT
OF
FEES, COSTS, OR
SECURITY.— 
Whenever there are reasonable grounds to be-
lieve that a Federal, State or local government 
entity has denied a person access to programs, 
activities, or services on the basis of their lim-
ited English Proficiency and in violation of title 
VI of the Civil Rights Act of 1964, a civil ac-
tion for preventive relief, including an applica-
tion for a permanent or temporary injunction, 
restraining order, or other order, may be insti-
tuted by the person aggrieved and, upon timely 
application, the Attorney General may intervene 
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in such civil action. Upon application by the 
complainant and in such circumstances as the 
court may deem just, the court may appoint an 
attorney for such complainant and may author-
ize the commencement of the civil action with-
out the payment of fees, costs, or security. 
(B) ATTORNEY’S
FEES; 
LIABILITY
OF 
UNITED
STATES
FOR
COSTS.—In any action 
commenced pursuant to this subchapter, the 
court, in its discretion, may allow the prevailing 
party, other than the United States, a reason-
able attorney’s fee as part of the costs, and the 
United States shall be liable for costs the same 
as a private person. 
(C) STATE OR LOCAL ENFORCEMENT PRO-
CEEDINGS; NOTIFICATION OF STATE OR LOCAL 
AUTHORITY; 
STAY
OF
FEDERAL
PRO-
CEEDINGS.—In the case of an alleged act or 
practice prohibited by this subchapter which oc-
curs in a State, or political subdivision of a 
State, no civil action may be brought under 
subsection (a) of this section before the expira-
tion of thirty days after written notice of such 
alleged act or practice has been given to the ap-
propriate State or local authority by registered 
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mail or in person, provided that the court may 
stay proceedings in such civil action pending 
the termination of State or local enforcement 
proceedings. 
(D)(i) CIVIL RIGHTS ACT OF 1964.—Sec-
tion 601 of the Civil Rights Act of 1964 (42 
U.S.C. 2000d) is amended— 
(I) by striking ‘‘No’’ and insert-
ing ‘‘(a) No’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(b)(1)(A) Discrimination (including exclusion from 
participation and denial of benefits) based on disparate 
impact is established under this title only if— 
‘‘(i) a person aggrieved by discrimination 
on the basis of race, color, or national origin 
(referred to in this title as an ‘aggrieved per-
son’) demonstrates that an entity subject to 
this title (referred to in this title as a ‘covered 
entity’) has a policy or practice that causes a 
disparate impact on the basis of race, color, or 
national origin and the covered entity fails to 
demonstrate that the challenged policy or prac-
tice is related to and necessary to achieve the 
nondiscriminatory goals of the program or ac-
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tivity alleged to have been operated in a dis-
criminatory manner; or 
‘‘(ii) the aggrieved person demonstrates 
(consistent with the demonstration required 
under title VII with respect to an ‘alternative 
employment practice’) that a less discriminatory 
alternative policy or practice exists, and the 
covered entity refuses to adopt such alternative 
policy or practice.’’. 
(2) CIVIL
ACTIONS
BY
THE
ATTORNEY
GEN-
ERAL.— 
(A) COMPLAINT.—Whenever the Attorney 
General has reasonable cause to believe that a 
Federal, State or local government entity or 
any employee or group of employees is engaged 
in a pattern or practice of denying access to 
programs, activities, or services provided to vic-
tims under the Violence Against Women’s Act 
of 1994 or under any other State or Federal 
law, on the basis of their limited English Pro-
ficiency and in violation of title VI of the Civil 
Rights Act of 1964, and that the pattern or 
practice is of such a nature and is intended to 
deny access to programs, activities, or services 
provided to victims on the basis of their limited 
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English Proficiency and in violation of title VI 
of the Civil Rights Act of 1964, the Attorney 
General may bring a civil action in the appro-
priate district court of the United States by fil-
ing with it a complaint— 
(i) signed by the Attorney General (or 
in the Attorney General’s absence the Act-
ing Attorney General); 
(ii) setting forth facts pertaining to 
such pattern or practice; and 
(iii) requesting such relief, including 
an application for a permanent or tem-
porary injunction, restraining order or 
other order against the person or persons 
responsible for such pattern or practice, as 
he deems necessary to insure the full avail-
ability of programs, activities, and services 
provided under the to limited English pro-
ficient victims. 
(B) In order to ensure full enforcement 
under this section, the provisions of this section 
do not limit the ability of the Attorney General 
to use existing authority to bring litigation and 
to enforce Title VI by any another other means 
available to him or her under the law. 
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(3) JURISDICTION; 
THREE-JUDGE
DISTRICT 
COURT
FOR
CASES
OF
GENERAL
PUBLIC
IMPOR-
TANCE: HEARING, DETERMINATION, EXPEDITION OF 
ACTION, 
REVIEW
BY
SUPREME
COURT; 
SINGLE 
JUDGE DISTRICT COURT: HEARING, DETERMINATION, 
EXPEDITION OF ACTION.— 
(A) The district courts of the United 
States shall have and shall exercise jurisdiction 
in proceedings instituted pursuant to this sec-
tion, and in any such proceeding the Attorney 
General may file with the clerk of such court a 
request that a court of three judges be con-
vened to hear and determine the case. Such re-
quest by the Attorney General shall be accom-
panied by a certificate that, in his opinion, the 
case is of general public importance. A copy of 
the certificate and request for a three-judge 
court shall be immediately furnished by such 
clerk to the chief judge of the circuit (or in his 
absence, the presiding circuit judge of the cir-
cuit) in which the case is pending. Upon receipt 
of such request it shall be the duty of the chief 
judge of the circuit or the presiding circuit 
judge, as the case may be, to designate imme-
diately three judges in such circuit, of whom at 
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least one shall be a circuit judge and another 
of whom shall be a district judge of the court 
in which the proceeding was instituted, to hear 
and determine such case, and it shall be the 
duty of the judges so designated to assign the 
case for hearing at the earliest practicable date, 
to participate in the hearing and determination 
thereof, and to cause the case to be in every 
way expedited. An appeal from the final judg-
ment of such court will lie to the Supreme 
Court. 
(B) If no three-judge panel has been re-
quested, the handling of the case shall be expe-
dited. It shall be the duty of the chief judge of 
the district (or in his absence, the acting chief 
judge) in which the case is pending to imme-
diately designate a judge in such district to 
hear and determine the case. In the event that 
no judge in the district is available to hear and 
determine the case, the chief judge of the dis-
trict, or the acting chief judge, as the case may 
be, shall certify this fact to the chief judge of 
the circuit (or in his absence, the acting chief 
judge) who shall then designate a district or 
circuit judge of the circuit to hear and deter-
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