Immigrant Witness and Victim Protection Act of 2021
Bill: H.R.6078 | Sponsor: Rep. Panetta, Jimmy (D-CA)
Policy area: Immigration

Summary:
Immigrant Witness and Victim Protection Act of 2021
This bill provides protections for certain aliens who are victims of crimes or abuse and addresses related issues.
The bill removes various annual numerical limits on (1) U visas, generally for victims of a serious crime and helpful to law enforcement in prosecuting the crime; and (2) Special Immigrant Juvenile visas, generally for minors who have been abused or neglected by a parent.
Applicants for certain immigration benefits, including U visas and T visas (generally for victims of severe human trafficking) shall receive work authorization on the date the application is approved or earlier.
Removal shall be stayed for an alien with certain pending applications, such as an application for a T, U, or Special Juvenile Immigrant visa or for relief under the Violence Against Women Act. There shall be a presumption against detaining such an alien, which the Department of Homeland Security may rebut by establishing that (1) the alien's appearance at removal proceedings is not reasonably assured, or (2) the alien is a threat to another person or the community.
The bill also prohibits making an adverse determination regarding an alien's admissibility or deportability based on information furnished by certain individuals, such as a spouse or parent who has battered the alien. Current law prohibits making an adverse determination using information furnished solely by such an individual.
The bill also limits the use and publication of information provided in certain applications, including T, U, and Special Juvenile Immigrant visa applications.

To amend the Immigration and Nationality Act to eliminate the annual 
 numerical limitation on visas for certain immigrants, to require the 
 Secretary of Homeland Security to grant work authorization to certain 
  immigrants with a pending application for nonimmigrant status under 
                   such Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigrant Witness and Victim 
Protection Act of 2021''.

SEC. 2. PURPOSE; FINDINGS; SENSE OF CONGRESS.

    (a) Purpose.--The purpose of this Act is to remove barriers for 
alien survivors of domestic violence, sexual assault, human 
trafficking, and other crimes who may be eligible for protections under 
the Violence Against Women Act of 1994 (VAWA), the Trafficking Victims 
Protection Act of 2000 (TVPA), and their subsequent reauthorizations.
    (b) Findings.--Congress finds the following:
            (1) Threats of deportation are one of the most potent tools 
        abusers and perpetrators of crime use to maintain control over 
        and silence alien victims and to avoid criminal prosecution. 
        Abusers and perpetrators leverage the immigration system in the 
        abuse and exploitation of aliens they victimize.
            (2) A bipartisan majority in Congress created critical 
        immigration protections in VAWA, TVPA and their subsequent 
        reauthorizations in recognition that alien survivors of 
        domestic violence, sexual assault, human trafficking, and other 
        eligible crimes often fear that reaching out for help may lead 
        to their deportation.
            (3) Detention and removal of those with victim-based cases 
        undermines the intent of VAWA, TVPA, and their subsequent 
        reuauthorizations and re-traumatizes victims and their 
        children. Deporting survivors while they await decisions on 
        their cases discourages victims from accessing justice, 
        undermines the usefulness of these forms of relief as tools for 
        law enforcement that seek to keep all communities safe, 
        separates them from their children and support networks, and 
        eliminates the ability of local law enforcement to continue 
        protecting and working with such crime survivors.
            (4) Lack of timely access to employment authorization makes 
        victims more vulnerable and may lead to their need to endure or 
        return to abusive relationships or exploitative conditions. 
        Crime and abuse survivors should have access to work 
        authorization to escape abusive situations, and gain self-
        sufficiency following victimization so they can support 
        themselves and their families.
    (c) Sense of Congress.--It is the sense of Congress that the 
Secretary of Homeland Security should not deport crime victims or 
neglected, abused, or abandoned youth before their applications for 
humanitarian relief are fully adjudicated, as it undermines critical 
bipartisan protections created in VAWA, TVPA, and their subsequent 
reauthorizations.

SEC. 3. ELIMINATION OF ANNUAL NUMERICAL LIMITATION ON U VISAS.

    Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 
1184(p)) is amended by striking paragraph (2).

SEC. 4. ELIMINATION OF ANNUAL NUMERICAL LIMITATION ON SPECIAL IMMIGRANT 
              JUVENILE VISAS.

    (a) Aliens Not Subject to Direct Numerical Limitations.--Section 
201(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1151(b)(1)(A)) is amended by striking ``subparagraph (A) or (B)'' and 
inserting ``subparagraphs (A), (B), or (J)''.
    (b) Per Country Levels.-- Section 202(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ``(5),'' 
and inserting ``(5), and except for special immigrants described in 
subparagraph (J) of section 1101(a)(27) of this title,''.
    (c) Certain Special Immigrants.--Section 203(b)(4) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)(4)) is amended by 
striking ``subparagraph (A) or (B)'' and inserting ``subparagraphs (A), 
(B), or (J)''.

SEC. 5. WORK AUTHORIZATION WHILE APPLICATIONS AND PETITIONS ARE 
              PENDING.

    (a) U Visas.--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 sentence; and
            (2) by adding at the end the following:
            ``(8) Work authorization.--Notwithstanding any provision of 
        this Act granting eligibility for employment in the United 
        States, the Secretary of Homeland Security shall grant 
        employment authorization to an alien who has filed an 
        application for nonimmigrant status under section 101(a)(15)(U) 
        on the date that is the earlier of--
                    ``(A) the date on which the alien's application for 
                such status is approved; or
                    ``(B) a date determined by the Secretary that is 
                not later than 180 days after the date on which the 
                alien filed the application.''.
    (b) T Visas.--Section 214(o) of the Immigration and Nationality Act 
(8 U.S.C. 1184(o)) is amended by adding at the end the following:
    ``(8) Notwithstanding any provision of this Act granting 
eligibility for employment in the United States, the Secretary of 
Homeland Security shall grant employment authorization to an alien who 
has filed a petition for nonimmigrant status under section 
101(a)(15)(T) on the date that is the earlier of--
            ``(A) the date on which the alien's petition for such 
        status is approved; or
            ``(B) a date determined by the Secretary that is not later 
        than 180 days after the date on which the alien filed the 
        petition.''.
    (c) VAWA Self-Petitioners.--Section 204(a)(1)(K) of the Immigration 
and Nationality Act (8 U.S.C. 1154(a)(1)(K)) is amended to read:
                    ``(K) Notwithstanding any provision of this Act 
                restricting eligibility for employment in the United 
                States, the Secretary of Homeland Security shall grant 
                employment authorization to such an alien in the United 
                States on the date that is the earlier of--
                            ``(i) the date on which the alien's 
                        petition as a VAWA self-petitioner is approved; 
                        or
                            ``(ii) a date determined by the Secretary 
                        that is not later than 180 days after the date 
                        on which the alien filed the petition as a VAWA 
                        self-petitioner.''.
    (d) Special Immigrant Juveniles.--Section 245 of the Immigration 
and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the 
following:
    ``(n) Work Authorization for Certain Special Immigrants.--
Notwithstanding any provision of this Act granting eligibility for 
employment in the United States, the Secretary of Homeland Security 
shall grant employment authorization to an alien who has filed a 
petition for special immigrant status under section 101(a)(27)(J) on 
the date that is the earlier of--
            ``(1) the date on which the alien's petition for such 
        status is approved; or
            ``(2) a date determined by the Secretary that is not later 
        than 180 days after the date on which the alien filed the 
        petition.''.
    (e) Cancellation of Removal.--Section 240A(b)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1229b(b)(2)) is amended by adding at the 
end the following:
                    ``(E) Work authorization.--Notwithstanding any 
                provision of this Act granting eligibility for 
                employment in the United States, the Secretary of 
                Homeland Security shall grant employment authorization 
                to an alien who has filed an application for 
                cancellation of removal under this paragraph on a date 
                that is not later than 180 days after the date on which 
                the alien filed the application.''.

SEC. 6. STAY OF REMOVAL.

    (a) In General.--An alien described in subsection (b) shall not be 
removed from the United States under section 240 of the Immigration and 
Nationality Act (8 U.S.C. 1229a) or any other provision of law until 
there is a final denial of the alien's application for status after the 
exhaustion of administrative and judicial review.
    (b) Aliens Described.--An alien is described in this subsection if 
the alien--
            (1) has a pending or approved application or petition under 
        section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 106, 
        240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997) of 
        the Immigration and Nationality Act (8 U.S.C. 1101, 1229a, 
        1254a); or
            (2) is a VAWA self-petitioner, as defined in section 
        101(a)(51) of the Immigration and Nationality Act, with a 
        pending application for relief under a provision referred to in 
        one of subparagraphs (A) through (G) of such section.

SEC. 7. PROHIBITION ON DETENTION OF CERTAIN VICTIMS WITH PENDING OR 
              APPROVED PETITION OR APPLICATION.

    Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) 
is amended by adding at the end the following:
    ``(a) Prohibition on Detention of Certain Victims With Pending or 
Approved Petitions and Applications.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, there shall be a presumption that the alien described 
        in paragraph (2) should be released from detention. The 
        Secretary of Homeland Security shall have the duty of rebutting 
        this presumption, which may only be shown based on clear and 
        convincing evidence, including credible and individualized 
        information, that the use of alternatives to detention will not 
        reasonably ensure the appearance of the alien at removal 
        proceedings, or that the alien is a threat to another person or 
        the community. The fact that an alien has a criminal charge 
        pending against the alien may not be the sole factor to justify 
        the continued detention of the alien.
            ``(2) Alien described.--An alien is described in this 
        paragraph if the alien--
                    ``(A) has a pending or approved application or 
                petition under section 101(a)(15)(T), 101(a)(15)(U), 
                101(a)(27)(J), 106, 240A(b)(2), or 244(a)(3) (as in 
                effect on March 31, 1997); or
                    ``(B) is a VAWA self-petitioner, as defined in 
                section 101(a)(51), with a pending application for 
                relief under a provision referred to in one of 
                subparagraphs (A) through (G) of such section.''.

SEC. 8. PENALTIES FOR DISCLOSURE OF INFORMATION.

    (a) In General.--Section 384 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``solely'';
                    (B) in paragraph (2)--
                            (i) by striking ``information which 
                        relates'' and inserting ``information, files, 
                        or records which relate''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon;
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) Except as provided in this paragraph, neither the 
        Department, nor any other official or employee of the 
        Department, or bureau or agency thereof, nor the Department of 
        Justice, nor any official or employee of the Department of 
        Justice, or bureau or agency thereof, may--
                    ``(A) use the information furnished by the 
                applicant pursuant to an application filed under 
                paragraph (15)(T), (15)(U), (27)(J), or (51) of section 
                101(a) of the Immigration and Nationality Act (8 U.S.C. 
                1101(a) (15)(T), (15)(U), (27)(J), or (51)), or section 
                240A(b)(2) of such Act (8 U.S.C. 1229b(b)(2)), section 
                106 (8 U.S.C. 1105a), for any purpose other than to 
                make a determination on the application, or for 
                enforcement of subsection (c) of this section;
                    ``(B) make any publication of information that 
                identifies a particular individual; or
                    ``(C) permit anyone other than the sworn officers 
                and employees of the Department or bureau or agency to 
                examine individual applications.'';
            (2) in subsection (b)--
                    (A) in paragraph (2), by striking ``legitimate law 
                enforcement purpose,'' and inserting ``a criminal 
                investigation or prosecution,'';
                    (B) by striking paragraph (4) and inserting the 
                following new paragraph:
            ``(4) Paragraphs (2) and (3) of this section shall not 
        apply if all the individuals in the case are adults and they 
        have all waived the restrictions of such subsections.''; and
            (3) in subsection (d), by inserting that end ``The Attorney 
        General, Secretary of State, and the Secretary of Homeland 
        Security shall provide Congress with an annual report regarding 
        training provided to officers and employees, number of 
        investigations opened for violations of sections (a)(1)-(a)(3), 
        and the results of those investigations.''.
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