Title: Immigrant Witness and Victim Protection Act of 2019
Policy area: Immigration

Summary:
Immigrant Witness and Victim Protection Act of 2019
This bill provides protections for certain aliens who are victims of crimes and violence.
The bill removes the annual cap on the number of visas issued to aliens who are victims of certain serious crimes and are likely to be helpful to law enforcement in prosecuting such crimes (U visas). Work authorization shall be granted to an alien with a pending application for (1) a U visa, (2) a T visa (for victims of severe human trafficking), or (3) cancellation of removal on the basis of the alien being subjected to extreme cruelty by a spouse, parent, or fiancé.
Removal shall be stayed and detention shall be prohibited for an alien with a pending application for (1) a T or U visa; (2) employment authorization for a battered spouse of certain types of nonimmigrants; (3) cancellation of removal or adjustment of status on the basis of the alien being subjected to extreme cruelty by a spouse, parent, or fiancé; (4) temporary protected status; or (5) relief under the Violence Against Women Act.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4319 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4319

 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

                           September 12, 2019

Mr. Panetta (for himself, Ms. Jayapal, Ms. Bonamici, Mr. Carbajal, Ms. 
Clarke of New York, Mr. Cleaver, Mr. Correa, Mr. Blumenauer, Ms. Eshoo, 
  Mr. Espaillat, Ms. Garcia of Texas, Mr. Grijalva, Ms. Haaland, Mr. 
Johnson of Georgia, Mr. Khanna, Ms. Lofgren, Mrs. Carolyn B. Maloney of 
    New York, Mr. McGovern, Ms. Meng, Ms. Moore, Mrs. Murphy, Mrs. 
Napolitano, Ms. Norton, Ms. Omar, Ms. Pressley, Ms. Roybal-Allard, Mr. 
Rush, Ms. Sanchez, Ms. Schakowsky, Mr. Sires, Mr. Smith of Washington, 
 Mr. Soto, Mr. Suozzi, Mr. Swalwell of California, Mr. Vargas, and Ms. 
  Velazquez) 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 2019''.

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).
    (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 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 likely to need to endure or return 
        to abusive relationships or exploitative conditions. Crime 
        survivors should have access to work authorization to escape 
        abusive situations, and gain self-sufficiency following 
        victimization so they can support themselves and their 
        children.
    (c) Sense of Congress.--It is the sense of Congress that the 
Secretary of Homeland Security should not deport crime victims before 
their applications for humanitarian relief are fully adjudicated, as it 
undermines critical bi-partisan protections created in VAWA and the 
TVPA.

SEC. 3. 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. 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.''.
    (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--
            (1) in the matter preceding clause (i), by striking ``, the 
        alien'';
            (2) in clause (i), by inserting ``the alien'' before ``is 
        eligible''; and
            (3) by amending clause (ii) to read as follows:
                            ``(ii) 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 on the date that is the 
                        earlier of--
                                    ``(I) the date on which the alien's 
                                application for lawful permanent 
                                resident status is approved; or
                                    ``(II) a date determined by the 
                                Secretary that is not later than 180 
                                days after the date that is the earlier 
                                of the date on which the alien filed 
                                the application or the alien's petition 
                                as a VAWA self-petitioner is 
                                approved.''.
    (d) 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. 5. 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 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) 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. 6. PROHIBITION ON DETENTION OF CERTAIN VICTIMS 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 following:
    ``(a) Prohibition on Detention of Certain Victims With Pending 
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 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.''.
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