[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5247 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5247
To amend the Immigration and Nationality Act to provide nonimmigrant
visas for cooperating witnesses of certain criminal activity, and for
other purposes.
_______________________________________________________________________
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.
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 ``Witness Assistance and Criminal
Accountability Act''.
SEC. 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.''.
SEC. 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).''.
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