Title: Immigrant Witness and Victim Protection Act of 2018
Policy area: Immigration

Summary:
Immigrant Witness and Victim Protection Act of 2018
This bill amends the Immigration and Nationality Act to eliminate the annual numerical limit on nonimmigrant U visas (victims of crime who are willing to assist law enforcement in investigations and prosecutions).
The Department of Homeland Security shall grant work authorizations to aliens with a pending application for a nonimmigrant U visa or a T visa (victims of trafficking in persons who are willing to assist law enforcement in investigations and prosecutions).
The bill prohibits, with specified exceptions, the following nonimmigrants from being considered inadmissible or subject to removal or deportation until there is a final denial of status application:

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5058 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5058

 To amend the Immigration and Nationality Act to eliminate the annual 
 numerical limitation on U visas, to require the Secretary of Homeland 
     Security to grant work authorization to aliens with a pending 
 application for nonimmigrant status under subparagraph (U) or (T) of 
        section 101(a)(15) of such Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2018

 Mr. Panetta (for himself, Ms. Jayapal, Mr. McGovern, Ms. Schakowsky, 
 Mr. Khanna, Mr. Suozzi, Mr. Polis, Mr. Correa, Miss Rice of New York, 
Ms. Moore, Mr. Kilmer, Mr. Heck, Ms. Roybal-Allard, Mr. Gutierrez, Mrs. 
   Carolyn B. Maloney of New York, Mr. Vargas, Ms. Lofgren, Ms. Ros-
  Lehtinen, Mr. O'Halleran, Mr. Soto, Mr. Blumenauer, Mr. Swalwell of 
  California, and Ms. Eshoo) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to eliminate the annual 
 numerical limitation on U visas, to require the Secretary of Homeland 
     Security to grant work authorization to aliens with a pending 
 application for nonimmigrant status under subparagraph (U) or (T) of 
        section 101(a)(15) of 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 2018''.

SEC. 2. 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. 3. WORK AUTHORIZATION WHILE APPLICATIONS FOR U AND T VISAS 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 an application 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 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.''.

SEC. 4. PROHIBITION ON REMOVAL OF CERTAIN VICTIMS WITH PENDING 
              PETITIONS AND APPLICATIONS.

    (a) Expedited Removal of Inadmissible Arriving Aliens.--Section 235 
of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by 
adding at the end the following:
    ``(e) Prohibition on Removal of Certain Victims With Pending 
Petitions and Applications.--
            ``(1) In general.--An alien described in paragraph (2) 
        shall not be ordered removed under this section until there is 
        a final administrative denial of the application for such 
        status after the exhaustion of administrative appeals.
            ``(2) Aliens described.--An alien is described in this 
        paragraph if the alien--
                    ``(A) has a pending application under section 
                101(a)(15)(T), 101(a)(15)(U), 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.
            ``(3) Exception.--Paragraph (1) shall not apply in a case 
        in which the Director of U.S. Citizenship and Immigration 
        Services determines that the alien is prima facie ineligible 
        for admission due to any of the circumstances described in 
        section 241(b)(3)(B).''.
    (b) General Classes of Deportable Aliens.--Section 237(d)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1227(d)(1)) is amended to 
read as follows:
    ``(d)(1) The Director of U.S. Citizenship and Immigration Services 
shall make a determination whether an application for nonimmigrant 
status under subparagraph (T) or (U) of section 101(a)(15) filed for an 
alien in the United States sets forth a prima facie case for approval, 
and, if so, the Secretary shall grant the alien an administrative stay 
of a final order of removal under section 241(c)(2) until--
            ``(A) the application for nonimmigrant status under such 
        subparagraph (T) or (U) is approved; or
            ``(B) there is a final administrative denial of the 
        application for such nonimmigrant status after the exhaustion 
        of administrative appeals.''.
    (c) Expedited Removal of Aliens Convicted of Committing Aggravated 
Felonies.--Section 238 of the Immigration and Nationality Act (8 U.S.C. 
1228) is amended by adding at the end the following:
    ``(d) Prohibition on Removal of Certain Victims With Pending 
Petitions and Applications.--
            ``(1) In general.--An alien described in paragraph (2) 
        shall not be ordered removed under this section until there is 
        a final administrative denial of the application for such 
        status after the exhaustion of administrative appeals.
            ``(2) Aliens described.--An alien is described in this 
        paragraph if the alien--
                    ``(A) has a pending application under section 
                101(a)(15)(T), 101(a)(15)(U), 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.
            ``(3) Exception.--Paragraph (1) shall not apply in a case 
        in which the Director of U.S. Citizenship and Immigration 
        Services determines that any of the circumstances described in 
        section 241(b)(3)(B) apply.''.
    (d) Detention and Removal of Aliens Ordered Removed.--Section 
241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is 
amended by adding at the end the following:
            ``(8) Prohibition on removal of certain victims with 
        pending petitions and applications.--
                    ``(A) In general.--An alien described in 
                subparagraph (B) shall not be removed under this 
                section until there is a final administrative denial of 
                the application for such status after the exhaustion of 
                administrative appeals.
                    ``(B) Aliens described.--An alien is described in 
                this paragraph if the alien--
                            ``(i) has a pending application under 
                        section 101(a)(15)(T), 101(a)(15)(U), 106, 
                        240A(b)(2), or 244(a)(3) (as in effect on March 
                        31, 1997); or
                            ``(ii) 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.
                    ``(C) Exception.--Paragraph (1) shall not apply in 
                a case in which the Director of U.S. Citizenship and 
                Immigration Services determines that any of the 
                circumstances described in section 241(b)(3)(B) 
                apply.''.
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