[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2851 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 2851
To extend immigration benefits to survivors of domestic violence,
sexual assault, human trafficking, and other gender-based violence, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2025
Ms. Jayapal (for herself, Ms. Schakowsky, Mr. Espaillat, Mr. Panetta,
Ms. Ansari, Ms. Balint, Ms. Barragan, Mr. Carbajal, Mr. Casar, Mr.
Casten, Mr. Castro of Texas, Ms. Chu, Mr. Garcia of Illinois, Mr.
Goldman of New York, Ms. Hoyle of Oregon, Mr. Johnson of Georgia, Mr.
Khanna, Mr. Liccardo, Mr. McGovern, Ms. Meng, Ms. Moore of Wisconsin,
Ms. Morrison, Ms. Norton, Ms. Ocasio-Cortez, Ms. Omar, Mrs. Ramirez,
Ms. Scanlon, Ms. Simon, Mr. Smith of Washington, Ms. Stansbury, Mr.
Thanedar, Ms. Tlaib, Ms. Velazquez, Ms. Wasserman Schultz, and Ms.
Williams of Georgia) introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committees on
Ways and Means, Agriculture, Education and Workforce, Energy and
Commerce, and Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To extend immigration benefits to survivors of domestic violence,
sexual assault, human trafficking, and other gender-based violence, 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 ``Working for Immigrant Safety and
Empowerment Act'' or as the ``WISE Act''.
SEC. 2. PURPOSE; SENSE OF CONGRESS.
(a) Purpose.--The purpose of this Act is to remove barriers to
immigration status for non-citizen 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) and
the Trafficking Victims Protection Act of 2000 (TVPA) and other
vulnerable immigrants.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Homeland Security should reduce barriers to, and provide
victims timely access to the immigration protections such as those
created in VAWA and the TVPA, as well as refrain from deporting 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. U VISA REFORM.
(a) Physical or Mental Abuse.--Section 101(a)(15)(U)(i)(I) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(i)(I)) is
amended by striking the semicolon after ``criminal activity described
in clause (iii)'' and inserting the following: ``or civil violations
described in clause (iv); and''.
(b) Removal of Certain Bases.--Section 101(a)(15)(U)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(i)) is amended
by striking subclauses (II) and (III).
(c) Inclusion of Civil Violations.--Section 101(a)(15)(U)(i)(IV) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(i)(IV)) is
amended--
(1) by striking ``(IV)'' and inserting ``(II)''; and
(2) by inserting after ``criminal activity described in
clause (iii)'' the following: ``or civil violations described
in clause (iv)''.
(d) Civil Violations Described.--Section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended--
(1) in clause (ii)(II), by striking ``and'' at the end;
(2) in clause (iii), by striking ``or'' at the end and
inserting ``and''; and
(3) by adding at the end the following:
``(iv) the term `civil violations' refers
to violations related to the activities
described in clause (iii) that may give rise to
a civil or administrative investigation,
proceeding or adjudication; or''.
(e) Adding Qualifying Crimes and Civil Violations.--Section
101(a)(15)(U) of the Immigration and Nationality Act, as amended by
this Act, (8 U.S.C. 1101(a)(15)(U)) is further amended--
(1) by moving clause (iii) 2 ems to the left; and
(2) in clause (iii), by inserting after ``fraud in foreign
labor contracting (as defined in section 1351 of title 18,
United States Code)'' the following: ``; hate crime acts; child
abuse; elder abuse;''.
(f) Certifications.--Section 214(p)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(p)(1)) is amended to read as follows:
``(1) Petition filing.--A petition filed by the alien under
101(a)(15)(U)(i) shall be filed with the Secretary of Homeland
Security.''.
(g) Eliminating Annual U Visa Numerical Limitation.--Section 214(p)
of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended by
striking paragraph (2).
(h) Employment Authorization.--Section 214(p) of the Immigration
and Nationality Act (8 U.S.C. 1184(p)) is amended--
(1) in paragraph (3)(B), by striking ``during the period
those aliens are in lawful temporary resident status under that
subsection, provide the aliens with employment authorization''
and inserting ``provide the aliens with employment
authorization pursuant to paragraph (8)'';
(2) in paragraph (6)--
(A) in the first sentence by striking ``than 4
years'' and all that follows through the period;
(B) in the second sentence, strike ``exceptional''
and insert ``compelling''; and
(C) by striking the last sentence; and
(3) by adding at the end the following:
``(8) Work authorization.--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.
Eligibility for work authorization in the United States under
another provision of this Act does not preclude the issuance of
work authorization under this paragraph. Such employment
authorization shall continue in effect while the alien has
temporary resident status under section 101(a)(15)(U).''.
(i) Parole for U Visa Waitlist.--The Secretary shall, when
appropriate, grant parole to petitioners for a visa under section
101(a)(15)(U) and qualifying family members abroad who seek parole
while the petitions are pending.
(j) Eliminate Civil Penalties for Failure To Depart.--Section
240B(d)(2) of the Immigration and Nationality Act (8 USC 1229c(d)(2))
is amended to read as follows:
``(2) Application of vawa and tvpa protections.--The
restrictions on relief under paragraph (1) shall not apply to
relief under section 240A or section 245 on the basis of--
``(A) a petition filed under section 101(a)(15)(U);
``(B) a petition filed under section 101(a)(27)(J);
``(C) adjustment of status application filed under
section 245(h);
``(D) a petition filed under section 101(a)(15)(T);
``(E) a petition or application referred to under
section 101(a)(51) filed by a VAWA self-petitioner; or
``(F) a petition filed under section 240A(b)(2), or
under section 244(a)(3) (as in effect prior to March
31, 1997).''.
(k) Aging Out Determinations.--
(1) Section 214(p)(7)(A) of the Immigration and Nationality
Act (8 U.S.C. 1184(p)(7)(A)) is amended--
(A) by striking ``unmarried''; and
(B) by striking ``but while it was pending''.
(2) Section 214(p)(7)(B) of the Immigration and Nationality
Act (8 U.S.C. 1184(p)(7)(B)) is amended by striking ``but while
it is pending''.
(3) Section 245(m)(3) of the Immigration and Nationality
Act (8 U.S.C. 1255(m)(3)) is amended--
(A) by inserting ``(a) in general.--'' before
``Upon approval''; and
(B) by adding at the end the following:
``(B) Children.--An alien who seeks to adjust
status or obtain an immigrant visa based upon a
parent's application for adjustment of status, and who
was under 21 years of age on the date on which such
parent applied for adjustment of status, shall continue
to be classified as a child for purposes of this
paragraph, if the alien attains 21 years of age after
such parent's petition was filed.
``(C) Principal aliens.--A parent described
subparagraph (A) shall continue to be treated as a
parent for purposes of this paragraph if the alien
child attains 21 years of age after his or her
application for status under paragraph (1) of such
section is filed.''.
(l) Effective Date.--The amendments made by this section shall take
effect as if enacted as part of the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386; 114 Stat. 1464) for all
those who were not otherwise admitted into the United States in under
section 101(a)(15)(U) (8 U.S.C. 1101(a)(15)(U)).
SEC. 4. IMMIGRATION STATUS FOR CERTAIN BATTERED SPOUSES AND CHILDREN.
(a) Nonimmigrant Status for Certain Battered Spouses and
Children.--Section 101(a)(51) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(51)) is amended--
(1) in subparagraph (F), by striking ``or'' at the end;
(2) in subparagraph (G), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(H) section 106 as an abused derivative alien.''.
(b) Relief for Abused Derivative Aliens.--
(1) Amendment.--Section 106 of the Immigration and
Nationality Act (8 U.S.C. 1105a) is amended to read as follows:
``SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS.
``(a) Abused Derivative Alien Defined.--In this section, the term
`abused derivative alien' means an alien who--
``(1) is a spouse or child admitted under section
101(a)(15);
``(2) is accompanying or following to join a principal
alien admitted under such section; and
``(3) has been subject to battery or extreme cruelty by
such principal alien.
``(b) Relief for Abused Derivative Aliens.--The Secretary of
Homeland Security--
``(1) shall consider an abused derivative alien and any
child of that alien be admissible and eligible to extend the
period of admission for the period for the period that is the
longer of--
``(A) the same period for which the principal alien
was initially admitted; or
``(B) 3 years;
``(2) may extend any period of admission under paragraph
(1) as the Secretary determines appropriate;
``(3) shall grant employment authorization to an abused
derivative alien and any eligible child of that alien; and
``(4) may adjust the status of an alien admitted or whose
admission is extended under this section to that of an alien
lawfully admitted for permanent residence if--
``(A)(i) the abused derivative alien is not
inadmissible under section 212(a); or
``(ii) the Secretary of Homeland Security
determines that the continued presence in the United
States of the abused derivative alien is justified--
``(I) on humanitarian grounds;
``(II) to ensure family unity; or
``(III) is otherwise in the public
interest; and
``(B) the status under which the principal alien
was admitted to the United States would have
potentially allowed for eventual adjustment of status.
``(c) Provisions for Children.--
``(1) In general.--An alien whose parent adjusted status to
that of a lawful permanent resident under this section, and who
was under 21 years of age on the date on which such parent
petitioned for such adjustment, shall continue to be classified
as a child if the alien attains 21 years of age after such
parent's petition was filed.
``(2) Constructive filing.--For purposes of this section,
an individual who qualified to file a petition under this
section as of the day before the date on which the individual
attained 21 years of age, and who did not file such a petition
before such day, shall be deemed as having filed a petition
under this section as of such day if a petition is filed before
the individual attains 25 years of age and the individual shows
that the battery or extreme cruelty described in subsection
(a)(3) was a primary cause for the delay in filing.
``(d) Relationship Considerations.--
``(1) In general.--The death of the principal alien shall
not affect the status of an abused derivative alien under this
section.
``(2) Effect of loss of status or termination of
relationship.--The principal alien's loss of status or the
legal termination of the abused derivative alien's familial or
marital relationship with the principal alien shall not affect
the status of an abused derivative alien under this section if
battery or extreme cruelty by the principal alien was one
central reason for such termination or loss of status.
``(3) Good faith belief in marriage.--In the case of an
alien who--
``(A) believed that he or she had married the
principal alien;
``(B) participated in a marriage ceremony with the
principal alien that was actually performed; and
``(C) who otherwise meets any applicable
requirements under this Act to establish the existence
of and bona fides of a marriage,
that alien may not be considered not to be the spouse of such
principal alien for purposes of this section solely because the
marriage to the principal alien was invalid on the basis of
bigamy.
``(e) Procedures.--A request for relief under this section shall be
handled under the procedures that apply to an alien seeking relief
under--
``(1) any of clauses (iii) through (viii) of section
204(a)(1)(A);
``(2) any of clauses (ii) through (v) of section
204(a)(1)(B); or
``(3) subparagraph (C) or (D) of section 204(a)(1).
``(f) Derivatives of Abused Derivative Aliens.--
``(1) Derivative status.--Upon approval of adjustment of
status of an abused derivative alien, the Secretary of Homeland
Security may, to the extent necessary to avoid extreme hardship
to the abused derivative alien or a covered derivative of the
abused derivative alien, adjust the status of a covered
derivative of the abused derivative alien to that of an alien
lawfully admitted for permanent residence or issue an immigrant
visa to such covered derivative.
``(2) Recording.--Upon the approval of adjustment of status
under paragraph (1), the Secretary of Homeland Security shall
record the alien's lawful admission for permanent residence as
of the date of such approval.
``(3) Definition.--For purposes of this subsection, the
term `covered derivative' means, with respect to an abused
derivative alien, a spouse, a child, or, in the case that the
primary alien is an alien child, a parent who did not receive
status pursuant to this section.
``(g) No Effect on Other Eligibilities.--Admission and eligibility
for adjustment of status under subsection (b) shall not preclude
adjustment of status based on other grounds for which the alien is
eligible.''.
(2) Clerical amendment.--The table of contents preceding
section 101 of the Immigration and Nationality Act (8 U.S.C.
1101) is amended by striking the item relating to section 106
and inserting the following:
``Sec. 106. Relief for abused derivative aliens.''.
(c) Survival Rights to Self-Petition.--Section 204(h) of the
Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended in the
second sentence by amending to read as follows: ``Remarriage or
marriage of a VAWA self-petitioner who has filed an application or
petition for relief under any provision referred to section 101(a)(51)
shall have no effect on approval of such petition or application and
shall not be the basis for revocation of an petition under section
205.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to VAWA
self-petitioners filing applications before, on, or after the date of
the enactment of this Act.
SEC. 5. PROHIBITION ON DETENTION OF CERTAIN VICTIMS WITH PENDING OR
APPROVED 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:
``(f) 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) shall be released from detention without
conditions. The Secretary of Homeland Security may rebut the
presumption if the Secretary determines, based on clear and
convincing evidence that is retained in the record, 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 danger to another person or the community. The fact
that an alien has a criminal charge pending against the alien
or dismissed may not be the sole factor to justify the
continued detention of the alien.
``(2) Alien described.--An alien described in this
paragraph is an alien who--
``(A)