Witness Assistance and Criminal Accountability Act

Bill: 118-s-5247
Sponsor: full_name: Sen. Murphy, Christopher [D-CT]
Introduced: 2024-09-25
Policy area: Immigration
Latest action: action_date: 2024-09-25
text: Read twice and referred to the Committee on the Judiciary.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5247 IN THE SENATE OF THE UNITED STATES September 25, 2024 Mr. Murphy introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide nonimmigrant visas for cooperating witnesses of certain criminal activity, and for other purposes.

1. Short title This Act may be cited as the Witness Assistance and Criminal Accountability Act . 2. Protection for cooperating witnesses of certain criminal activity (a) Establishment of a cooperating witness nonimmigrant classification Section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) is amended— (1) in subparagraph (T)(ii)(III), by striking the period at the end and inserting a semicolon; (2) in subparagraph (U)(iii), by striking ; or and inserting a semicolon; (3) in subparagraph (V)(ii)(II), by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (W) (i) (I) subject to section 214(s), an alien who files a petition for status under this subparagraph, if the Secretary of Homeland Security determines that— (aa) the alien (or in the case of an alien child, the parent, guardian, or next friend of the alien) is in possession of critical reliable information concerning criminal activity referred to in subparagraph (U)(iii), regardless of the location in which such criminal activity occurred; (bb) the alien (or in the case of an alien child, the parent, guardian, or next friend of the alien)— (AA) is willing to provide, is likely to be willing to provide, or has provided such information to a relevant authority; or (BB) cooperated with a relevant authority in a manner that a relevant authority determines to have been critical to the detection, investigation, prosecution, conviction, or sentencing of such criminal activity; or (cc) the presence of the alien (or in the case of an alien child, the presence of the parent, guardian, or next friend of the alien) in the United States is essential to an authorized criminal detection, investigation, prosecution, conviction, sentencing, or the successful prosecution of an individual involved in such criminal activity; or (II) if accompanying, or following to join, the alien described in subclause (I)— (aa) in the case of an alien described in subclause (I) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such subclause, and parents of such alien; or (bb) in the case of an alien described in subclause (I) who is 21 years of age or older, the spouse and children of such alien; and (ii) in this subparagraph, the term relevant authority means— (I) a Federal, State, or local law enforcement official; (II) a Federal, State, or local prosecutor; (III) a Federal, State, or local judge; (IV) an employee of the Department of Homeland Security; and (V) any other Federal, State, or local judge or authority who has responsibility for the detection, investigation, prosecution, conviction, or sentencing of criminal activity. . (b) Requirements applicable to W visas Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (s) Requirements applicable to section 101(a)(15)(W) visas (1) Petitioning procedures for section 101(a)(15)(W) visas The petition filed by an alien under section 101(a)(15)(W)(i)(I) shall contain a certification from a relevant authority (as defined in section 101(a)(15)(W)(ii)). This certification shall state that the alien has been willing, is being willing, or is likely to be willing to provide critical reliable information concerning the detection, investigation, prosecution, conviction, or sentencing of criminal activity described in section 101(a)(15)(U)(iii). (2) Numerical limitations (A) In general The number of aliens who may be issued visas or otherwise provided status as nonimmigrants under section 101(a)(15)(W) in any fiscal year shall not exceed 10,000. (B) Exemption The numerical limitations in subparagraph (A) shall not apply to spouses, children, or, in the case of alien children, the alien parents of such children. (3) Duties of the Secretary of Homeland Security with respect to W visa nonimmigrants With respect to a nonimmigrant alien described in section 101(a)(15)(W), the Secretary of Homeland Security and other government officials shall— (A) as appropriate, provide the alien with referrals to nongovernmental organizations to advise the alien regarding their options while in the United States and the resources available to them; and (B) provide the alien with employment authorization during the period the alien is in lawful temporary resident status under that section. (4) Credible evidence considered In acting on any petition filed under this subsection, the consular officer, the Secretary of Homeland Security shall consider any credible evidence relevant to the petition. (5) Nonexclusive relief Nothing in this subsection may be construed to limit the ability of an alien who is eligible or qualifies for status as a nonimmigrant described in section 101(a)(15)(W) to seek any other immigration benefit or status for which the alien may be eligible. (6) Duration of status The authorized period of status of an alien as a nonimmigrant described in section 101(a)(15)(W) shall be for a period of not more than 4 years, but shall be extended upon certification from a relevant authority (as defined in section 101(a)(15)(W)(ii)) that the alien’s presence in the United States is required to assist in the detection, investigation, prosecution, conviction, or sentencing of criminal activity described in section 101(a)(15)(U)(iii). The Secretary of Homeland Security is authorized to extend the status of such an alien beyond the 4-year period authorized under this paragraph if the Secretary determines that an extension of such period is warranted. Such an alien’s nonimmigrant status shall be extended if the alien has properly filed an application or petition for an immigration benefit or has been granted such a benefit but a visa is not immediately available. The Secretary of Homeland Security may authorize for employment in the United States any alien who has a pending, bona fide application for nonimmigrant status under section 101(a)(15)(W). (7) Age determinations (A) Children An unmarried alien who seeks to accompany, or follow to join, a parent granted status as a nonimmigrant described in section 101(a)(15)(W)(i)(I), and who was under 21 years of age on the date on which such parent petitioned for such status, shall continue to be classified as a child for purposes of section 101(a)(15)(W)(i)(II), if the alien attains 21 years of age after such parent’s petition was filed but while it was pending. (B) Principal alien An alien described in subclause (I) of section 101(a)(15)(W)(i) shall continue to be treated as an alien described in subclause (II)(aa) of such section if the alien attains 21 years of age after the alien’s application for status under such clause is filed but while it is pending. . 3. Adjustment of status for cooperating witnesses Section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) is amended by adding at the end the following: (o) Witnesses to crimes (1) Authority to adjust status The Secretary of Homeland Security or the Attorney General may adjust the status of an alien admitted into the United States (or otherwise provided nonimmigrant status) under section 101(a)(15)(W) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E), unless the Secretary or Attorney General, as applicable, determines based on affirmative evidence that the alien unreasonably refused to provide assistance in a criminal investigation or prosecution, if— (A) the alien has been physically present in the United States for a continuous period of at least 3 years since the date of admission as a nonimmigrant under section 101(a)(15)(W); and (B) in the opinion of the Secretary or the Attorney General, as applicable, the alien's continued presence in the United States is justified for law enforcement purposes, on humanitarian grounds, or to ensure family unity, or is otherwise in the public interest. (2) Continuous physical presence An alien shall be considered to have failed to maintain continuous physical presence in the United States under paragraph (1)(A) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days unless— (A) the absence is in order to assist in the detection, investigation, prosecution, conviction, or sentencing of criminal activity described in section 101(a)(15)(U)(iii); or (B) an official involved in the investigation or prosecution certifies that the absence was otherwise justified. (3) Spouses, children, and parents On approval of adjustment of status under paragraph (1) of an alien described in section 101(a)(15)(W)(i), the Secretary of Homeland Security may adjust the status of or issue an immigrant visa to (and, as applicable, the Attorney General may adjust the status of) a spouse, a child, or, in the case of an alien child, a parent who did not receive a nonimmigrant visa under section 101(a)(15)(W)(i)(II), if the Secretary of Homeland Security (or Attorney General) considers the grant of such status or visa necessary to avoid extreme hardship. (4) Record of admission On the approval of adjustment of status under paragraph (1) or (3), the Secretary of Homeland Security or the Attorney General, as applicable, shall record the alien's lawful admission for permanent residence as of the date of such approval. (5) Consultation (A) In general The Secretary of Homeland Security shall consult with the Attorney General, as appropriate, in making a determination under paragraph (1) whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a Federal law enforcement official, Federal prosecutor, Federal judge, or other Federal authority investigating or prosecuting criminal activity described in section 101(a)(15)(U)(iii). (6) Rule of construction Nothing in paragraph (1)(B) may be construed to prevent the Secretary of Homeland Security from consulting with the Attorney General in making a determination whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a State or local law enforcement official, State or local prosecutor, State or local judge, or other State or local authority investigating or prosecuting criminal activity described in section 101(a)(15)(U)(iii). .