[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2092 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2092

To amend the Immigration and Nationality Act to comprehensively reform 
 immigration law and to better protect immigrant victims of violence, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2005

   Ms. Jackson-Lee of Texas introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
    Committees on Ways and Means, Energy and Commerce, Agriculture, 
     Homeland Security, 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 amend the Immigration and Nationality Act to comprehensively reform 
 immigration law and to better protect immigrant victims of 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; REFERENCES TO ACT.

    (a) Short Title.--This Act may be cited as the ``Save America 
Comprehensive Immigration Act of 2005''.
    (b) References to the Immigration and Nationality Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Immigration and Nationality 
Act.

                   TITLE I--FAMILY-BASED IMMIGRATION

SEC. 101. INCREASING THE ALLOCATION OF FAMILY-BASED IMMIGRANT VISAS.

    Section 201(c)(8 U.S.C. 115(c)) is amended to read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--The 
worldwide level of family-sponsored immigrants under this subsection 
for a fiscal year shall be no more than 960,000.''.

SEC. 102. PROTECTION AGAINST PROCESSING DELAYS.

    (a) Age-Out Protection for Children.--
            (1) In general.--Chapter 1 of title IV (8 U.S.C. 1101 note) 
        is amended by adding at the end the following:

                   ``age-out protection for children

    ``Sec. 408.  (a) In General.--In the case of an application 
initially to grant a benefit under this Act (other than an application 
for naturalization) that otherwise would be granted only after a 
determination that the beneficiary of the application is a child (such 
as classification as an immediate relative under section 
201(b)(2)(A)(i)), if the application is neither approved nor denied (on 
procedural or substantive grounds) during the 90-day period beginning 
on the date of the filing of the application, the beneficiary shall be 
considered to be a child for all purposes related to the receipt of the 
benefit if the beneficiary was a child on the last day of such 90-day 
period, and the beneficiary shall not otherwise be prejudiced with 
respect to such determination by such delay, and shall be considered to 
be a child under this Act for all purposes related to such application.
    ``(b) Termination of Benefit.--Subsection (a) shall remain in 
effect until the termination of the 1-year period beginning on the date 
on which the application described in such paragraph is approved.''.
            (2) Clerical amendment.--The table of contents is amended 
        by inserting after the item relating to section 407 the 
        following:

``Sec. 408. Age-out protection for children.''.
    (b) Timeliness of Adoption for Immigration Purposes.--
            (1) In general.--Section 101(b)(1)(E)(i) (8 U.S.C. 
        1101(b)(1)(E)(i)) is amended by striking ``a child adopted 
        while under the age of sixteen years'' and inserting ``a child, 
        under the age of 16 when adoption proceedings were 
        initiated,''.
            (2) Special rule for siblings.--Section 
        101(b)(1)(E)(ii)(III) (8 U.S.C. 1101(b)(1)(E)(ii)(III)) is 
        amended by striking ``adopted while under the age of 18 years'' 
        and inserting ``under the age of 18 when adoption proceedings 
        were initiated''.

SEC. 103. TEMPORARY STATUS PENDING RECEIPT OF PERMANENT RESIDENT 
              STATUS.

    (a) Classes of Nonimmigrant Aliens.--Section 101(a)(15)(K) (8 
U.S.C. 1101(a)(15)(K)) is amended--
            (1) by striking ``or'' at the end of clause (ii);
            (2) by adding ``or'' at the end of clause (iii); and
            (3) by adding at the end the following:
                            ``(iv)(I) has concluded a valid marriage 
                        with an alien lawfully admitted for permanent 
                        residence, is the parent of a citizen of the 
                        United States, or is the child, son, or 
                        daughter of an alien lawfully admitted for 
                        permanent residence or a citizen of the United 
                        States; (II) is the beneficiary of an approved 
                        petition to accord immigrant status on the 
                        basis of such family relationship that was 
                        filed under section 204 by such family member; 
                        (III) has available to the alien an immigrant 
                        visa number; (IV) has waited more than 6 months 
                        for the issuance of an immigrant visa based 
                        upon an application made by the alien; and (V) 
                        seeks to enter the United States to await such 
                        issuance;''.
    (b) Admission of Nonimmigrants.--Section 214(d) (8 U.S.C. 1184(d)) 
is amended--
            (1) by striking ``(d)'' and inserting ``(d)(1)''; and
            (2) by adding at the end the following:
    ``(2) A visa shall not be issued under the provisions of section 
101(a)(15)(K)(iv) until the consular officer has received a petition 
filed in the United States by the lawful permanent resident or citizen 
relative of the applying alien and approved by the Secretary of 
Homeland Security. The petition shall be in such form and contain such 
information as the Secretary shall, by regulation, prescribe.''.

SEC. 104. ELIMINATION OF AFFIDAVIT OF SUPPORT REQUIREMENT.

    (a) Grounds for Ineligibility for Admission.--Section 212(a)(4) (8 
U.S.C. 1182(a)(4)) is amended--
            (1) by amending subparagraph (B)(ii) to read as follows:
                    ``(ii) If an alien submits an affidavit of support 
                described in section 213A, in addition to the factors 
                under clause (i), the consular officer or the Attorney 
                General shall also consider such affidavit in 
                determining whether the alien is inadmissible under 
                this paragraph.''; and
            (2) by striking subparagraphs (C) and (D).
    (b) Requirements for Sponsor's Affidavit of Support.--Subsections 
(a)(1)(A), (f)(1)(E), and (f)(4)(B)(i) of section 213A (8 U.S.C. 
1183a(a)(1)(A), (f)(1)(E), and (f)(4)(B)(i)) are amended by striking 
``125'' and inserting ``100''.

SEC. 105. ACQUISITION OF CITIZENSHIP FOR CHILDREN BORN ABROAD AND OUT 
              OF WEDLOCK TO A UNITED STATES CITIZEN FATHER.

    (a) Requirements for Citizenship Eligibility.--Section 309(a) (8 
U.S.C. 1409(a)) is amended--
            (1) in paragraph (2), by adding ``and'' at the end;
            (2) by striking paragraph (3);
            (3) in paragraph (4), by striking ``while the person is 
        under the age of 18 years--'' and inserting ``at any time--''; 
        and
            (4) by redesignating paragraph (4) as paragraph (3).
    (b) Clarification Regarding Deceased Parents of Children Born 
Abroad and Out of Wedlock.--Section 309 (8 U.S.C. 1409) is amended by 
adding at the end the following:
    ``(d) Nothing in this section shall be construed to preclude a 
person who is a citizen or national of the United States by virtue of a 
provision of this section from establishing such status under this 
title after the death of the person's father, mother, or parents.''.
    (c) Application of Citizenship Provisions.--The amendments made by 
this Act shall apply to persons born out of wedlock who are alive on or 
after the date of the enactment of this Act.

SEC. 106. ALLOW AUNTS AND UNCLES OR GRANDPARENTS TO ADOPT ORPHANED OR 
              ABANDONED CHILDREN OF THE DECEASED RELATIVE.

    Section 101(b) is amended by--
            (1) striking ``or'' at the end of subparagraph (E) and 
        inserting a semicolon;
            (2) striking the period at the end of subparagraph (F) and 
        inserting ``; or''; and
            (3) by inserting the following subparagraph:
                    ``(G) a child adopted in the United States or 
                abroad or who is coming to the United States for 
                adoption by a grandparent, aunt or uncle while under 
                the age of eighteen years, who has suffered the death 
                or disappearance of, abandonment or desertion by, or 
                separation or loss from, both parents, or for whom the 
                sole or surviving parent is incapable of providing 
                proper care and has consented in writing to the 
                adoption, if the Secretary of Homeland Security is 
                satisfied that proper care will be furnished the child 
                if admitted to the United States. No natural parent or 
                prior adoptive parent of any such child shall 
                thereafter, by virtue of such parentage, be accorded 
                any right, privilege, or status under this Act. Nothing 
                in this subsection shall be construed to require the 
                child to be released to an orphanage as a prerequisite 
                for eligibility.''.

SEC. 107. ELIMINATING THE WIDOWED IMMIGRANTS 2-YEAR MARRIAGE PENALTY 
              AND SURVIVING IMMEDIATE RELATIVES PENALTY.

    (a) Requirements for Eliminating Widow Penalty.--Section 
201(b)(2)(A)(i) (8 U.S.C. 1151 (b)(2)(A)(i)) is amended--
            (1) by striking ``for at least 2 years'';
            (2) by inserting ``, and if married for less than two years 
        at the time of the citizen's death proves by a preponderance of 
        the evidence that the marriage was entered into in good faith 
        and not solely for the purpose of obtaining an immigration 
        benefit,'' after ``within 2 years after such date''; and
            (3) by inserting the following sentence after the sentence 
        ending with ``remarries.'': ``In the case of an alien who was 
        the child or parent of a citizen of the United States at the 
        time of the citizen's death, the alien shall be considered, for 
        purposes of this subsection, to remain an immediate relative 
        after the date of the citizen's death but only if the alien 
        files a petition under section 204(a)(1)(A)(ii), as amended, 
        within two years after such date in the case of a parent, or 
        prior to reaching the age of 21 in the case of a child.''.
    (b) Requirements for Eliminating Surviving Immediate Relative 
Penalty.--Section 204(a)(1)(A)(ii) (8 U.S.C. 1154 (a)(1)(A)(ii)) is 
amended by inserting ``or an alien child or alien parent described in 
the third sentence of section 201(b)(2)(A)(i)'' after ``section 
201(b)(2)(A)(i)''.
    (c) Transition Period.--In applying section 201(b)(2)(A)(i) (8 
U.S.C. 1154(b)(2)(A)(i)), as amended, in the case of an alien whose 
citizen relative died before the date of the enactment of this Act, the 
alien relative may (notwithstanding the deadlines specified in such 
subsection) file the classification petition referred to in such 
subsection within 2 years after the date of the enactment of this Act.
    (d) Applications for Adjustment of Status.--Section 245 (8 U.S.C. 
1255) is amended by adding at the end the following:
    ``(n) Applications for Adjustment of Status by Surviving Spouses, 
Children, and Parents.--
            ``(1) In general.--Notwithstanding subsections (a) and (c) 
        (except subsection (c)(6)) of section 245 of the Immigration 
        and Nationality Act (8 U.S.C. 1255), any alien described in 
        paragraph (2) who applied for adjustment of status prior to the 
        death of the qualifying relative, may have such application 
        adjudicated as if such death had not occurred.
            ``(2) Alien described.--An alien is described in this 
        paragraph if the alien was--
                    ``(A) an immediate relative as described in section 
                201(b)(2)(A)(i);
                    ``(B) a family-sponsored immigrant as described in 
                section 203(a) or (d);
                    ``(C) a derivative beneficiary of an employment-
                based immigrant under section 203(b), as described in 
                section 203(d); or
                    ``(D) a derivative beneficiary of a diversity 
                immigrant as described in section 203(c).''.
    (e) Transition Period.--Notwithstanding a prior denial of an 
application for adjustment of status, in the case of an alien whose 
qualifying relative died before the date of the enactment of this Act, 
such application may be renewed by the alien through a motion to 
reopen, without fee, filed within two years after the date of the 
enactment of this Act. In the case of an alien who was deported, 
removed, or departed voluntarily before the date of the enactment of 
this Act, such alien shall be eligible for parole into the United 
States pursuant to the Attorney General's authority under section 
212(d)(5), and such alien's application for adjustment of status shall 
be considered notwithstanding section 212(a)(9).

SEC. 108. ELIMINATING THE WIDOWED PERMANENT RESIDENT'S NATURALIZATION 
              PENALTY.

    Section 319(a) (8 U.S.C. 1429(a)) is amended by inserting ``or, if 
the spouse is deceased, the spouse was a citizen of the United 
States,'' after ``(a) Any person whose spouse is a citizen of the 
United States,''.

             TITLE II--LEGALIZATION FOR LONG-TERM RESIDENTS

SEC. 201. EARNED ACCESS TO LEGALIZATION.

    (a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is 
amended by inserting after section 245A the following:

  ``adjustment of status on the basis of earned access to legalization

    ``Sec. 245B. (a) In General.--The Secretary of Homeland Security 
may adjust the status of an alien to that of an alien lawfully admitted 
for permanent residence if the alien--
            ``(1) was physically present in the United States for a 
        continuous period of not less than 5 years immediately 
        preceding the date on which this provision was enacted and has 
        maintained continuous physical presence since then;
            ``(2) has at all times been a person of good moral 
        character;
            ``(3) has never been convicted of a criminal offense in the 
        United States;
            ``(4) in the case of an alien who is 18 years of age or 
        older, but who is not over the age of 65, has successfully 
        completed a course on reading, writing, and speaking words in 
        ordinary usage in the English language, unless unable to do so 
        on account of physical or developmental disability or mental 
        impairment;
            ``(5) in the case of an alien 18 years of age or older, has 
        accepted the values and cultural life of the United States; and
            ``(6) in the case of an alien 18 years of age or older, has 
        performed at least 40 hours of community service.
    ``(b) Treatment of Brief, Casual, and Innocent Absences.--An alien 
shall not be considered to have failed to maintain a continuous 
presence in the United States for purposes of subsection (a)(1) by 
virtue of brief, casual, and innocent absences from the United States.
    ``(c) Admissible as Immigrant.--
            ``(1) In general.--The alien shall establish that the alien 
        is admissible to the United States as immigrant, except as 
        otherwise provided in paragraph (2).
            ``(2) Exceptions.--The provisions of paragraphs (5), 
        (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and 
        (9)(C)(i)(I) of section 212(a) shall not apply in the 
        determination of an alien's admissibility under this section.
    ``(d) Security and Law Enforcement Clearances.--The alien, if over 
15 years of age, shall submit fingerprints in accordance with 
procedures established by the Secretary of Homeland Security. Such 
fingerprints shall be submitted to relevant Federal agencies to be 
checked against existing databases for information relating to 
criminal, national security, or other law enforcement actions that 
would render the alien ineligible for adjustment of status under this 
section. The Secretary of Homeland Security shall provide a process for 
challenging the accuracy of matches that result in a finding of 
ineligibility for adjustment of status.
    ``(e) Inapplicability of Numerical Limitations.--When an alien is 
granted lawful permanent resident status under this subsection, the 
number of immigrant visas authorized to be issued under any provision 
of this Act shall not be reduced. The numerical limitations of sections 
201 and 202 shall not apply to adjustment of status under this section.
    ``(f) Termination of Proceedings.--The Secretary of Homeland 
Security may terminate removal proceedings without prejudice pending 
the outcome of an alien's application for adjustment of status under 
this section on the basis of a prima facie showing of eligibility for 
relief under this section.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 245A the following:

``Sec. 245B. Adjustment of status on the basis of earned access to 
                            legalization.''.

SEC. 202. LEGALIZATION PROVISIONS FOR CHILDREN.

    (a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.), as 
amended by section 201, is further amended by inserting after section 
245B the following:

              ``adjustment of status for certain children

    ``Sec. 245C. (a) In General.--The Secretary of Homeland Security 
may adjust the status of an alien to that of an alien lawfully admitted 
for permanent residence if the alien is a child at the time of filing 
the application for such adjustment and establishes that the alien, at 
such time--
            ``(1) has been physically present and enrolled in school in 
        the United States for a continuous period of not less than 5 
        years immediately preceding the date of such application, and 
        during that period has been a person of good moral character;
            ``(2) has fully integrated into life in the United States;
            ``(3) has learned English or is satisfactorily pursuing a 
        course of study to achieve an understanding of English;
            ``(4) is successfully pursuing an elementary school, middle 
        school, high school, or college-level education; and
            ``(5) if older than 13 years of age, has performed at least 
        60 hours of community service.
    ``(b) Treatment of Brief, Casual, and Innocent Absences.--An alien 
shall not be considered to have failed to maintain a continuous 
presence in the United States for purposes of subsection (a)(1) by 
virtue of brief, casual, and innocent absences from the United States.
    ``(c) Admissible as Immigrant.--
            ``(1) In general.--The alien shall establish that the alien 
        is admissible to the United States as an immigrant, except as 
        otherwise provided in paragraph (2).
            ``(2) Applicability of certain provisions.--
                    ``(A) Grounds of inadmissibility not applied.--The 
                provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), 
                (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C) of section 
                212(a) shall not apply in the determination of an 
                alien's admissibility under this section.
                    ``(B) Waiver of other grounds.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Secretary of Homeland Security 
                        may waive any other provision of section 212(a) 
                        in the case of an individual alien for 
                        humanitarian purposes, to assure family unity, 
                        or when it is otherwise in the public interest.
                            ``(ii) Grounds that may not be waived.--The 
                        following provisions of section 212(a) may not 
                        be waived by the Secretary under clause (i):
                                    ``(I) Paragraphs (2)(A) and (2)(B) 
                                (relating to criminals).
                                    ``(II) Paragraph (2)(C) (relating 
                                to drug offenses), except for so much 
                                of such paragraph as relates to a 
                                single offense of simple possession of 
                                30 grams or less of marijuana.
                                    ``(III) Paragraph (3) (relating to 
                                security and related grounds).
    ``(d) No Numerical Limitations.--The numerical limitations of 
sections 201 and 202 shall not apply to adjustment of status under this 
section.
    ``(e) Confidentiality of Information.--Except as provided in this 
section, neither the Secretary of Homeland Security, nor any other 
official or employee of the Department of Homeland Security, may--
            ``(1) use information furnished by applicant for an 
        application filed under this section for any purpose other than 
        to make a determination on the application;
            ``(2) make any publication whereby the information 
        furnished by any particular applicant can be identified; or
            ``(3) permit anyone other than the sworn officers and 
        employees of the Department, the applicant, or a representative 
        of the applicant to examine individual applications.
    ``(f) Dissemination of Information.--The Secretary of Homeland 
Security shall broadly disseminate information respecting the benefits 
which aliens may receive under this section and the requirements to 
obtain such benefits.''.
    (b) Clerical Amendment.--The table of contents, as amended by 
section 201, is amended further by inserting after the item relating to 
section 245B the following:

``Sec. 245C. Adjustment of status for certain children.''.

SEC. 203. UPDATED REGISTRY PROVISION.

    (a) In General.--Section 249 (8 U.S.C. 1259) is amended--
            (1) in the section heading by striking ``1972'' and 
        inserting ``1986''; and
            (2) in paragraph (a), by striking ``1972'' and inserting 
        ``1986''.
    (b) Clerical Amendment.--The table of sections is amended in the 
item relating to section 249 by striking ``1972'' and inserting 
``1986''.

                 TITLE III--BORDER SECURITY PROVISIONS

SEC. 301. INCREASE THE NUMBER OF INSPECTORS AT AIRPORT AND LAND BORDER 
              INSPECTION STATIONS.

    In each of the fiscal years 2007 through 2011, the Secretary of 
Homeland Security shall, subject to the availability of appropriations 
for such purpose, increase by not less than 1,000 the number of 
positions for full-time active duty immigration inspectors at airport 
and land border inspection stations within the Department of Homeland 
Security above the number of such positions for which funds were 
allotted for the preceding fiscal year.

SEC. 302. ESTABLISH A SPECIAL TASK FORCE FOR COORDINATING AND 
              DISTRIBUTING INFORMATION ON FRAUDULENT IMMIGRATION 
              DOCUMENTS.

    (a) In General.--The Secretary of Homeland Security shall establish 
a task force (to be known as the Task Force on Fraudulent Immigration 
Documents) to carry out the following:
            (1) Collect information from Federal, State and local law 
        enforcement agencies, and Foreign governments on the 
        production, sale, and distribution of fraudulent documents 
        intended to be used to enter or to remain in the United States 
        unlawfully.
            (2) Maintain that information in a comprehensive database.
            (3) Convert the information into reports that will provide 
        guidance for government officials on identifying fraudulent 
        documents being used to enter or to remain in the United States 
        unlawfully.
            (4) Develop a system for distributing these deports on an 
        ongoing basis to appropriate Federal, State and local law 
        enforcement agencies.
    (b) Distribution of Information.--Distribute the reports to 
appropriate Federal, State and local law enforcement agencies on an 
ongoing basis.

SEC. 303. NEW NONIMMIGRANT VISA CLASSIFICATION TO ENABLE INFORMANTS TO 
              ENTER THE UNITED STATES AND REMAIN TEMPORARILY.

    (a) In General.--Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is 
amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the comma at the end and 
        inserting ``; or'';
            (3) by inserting after clause (ii) the following:
                            ``(iii) who the Secretary of Homeland 
                        Security, the Secretary of State, or the 
                        Attorney General determines--
                                    ``(I) is in possession of critical 
                                reliable information concerning a 
                                commercial alien smuggling organization 
                                or enterprise or a commercial operation 
                                for making or trafficking in documents 
                                to be used for entering or remaining in 
                                the United States unlawfully;
                                    ``(II) is willing to supply or has 
                                supplied such information to a Federal 
                                or State court; or
                                    ``(III) whose presence in the 
                                United States the Secretary of Homeland 
                                Security, the Secretary of State, or 
                                the Attorney General determines is 
                                essential to the success of an 
                                authorized criminal investigation, the 
                                successful prosecution of an individual 
                                involved in the commercial alien 
                                smuggling organization or enterprise, 
                                or the disruption of such organization 
                                or enterprise or a commercial operation 
                                for making or trafficking in documents 
                                to be used for entering or remaining in 
                                the United States unlawfully. '';
            (4) by inserting ``, or with respect to clause (iii), the 
        Secretary of Homeland Security, the Secretary of State, or the 
        Attorney General'' after ``jointly''; and
            (5) by striking ``(i) or (ii)'' and inserting ``(i), (ii), 
        or (iii)''.
    (b) Admission of Nonimmigrants.--Section 214(k) (8 U.S.C. 1184(k)) 
is amended--
            (1) by adding at the end of paragraph (1) the following:
 ``The number of aliens who may be provided a visa as nonimmigrants 
under section 101(a)(15)(S)(iii) in any fiscal year may not exceed 
400.''; and
            (2) by adding at the end the following:
            ``(5) If the Secretary of Homeland Security, the Secretary 
        of State, or the Attorney General determines that a 
        nonimmigrant described in clause (iii) of section 
        101(a)(15)(S), or that of any family member of such a 
        nonimmigrant who is provided nonimmigrant status pursuant to 
        such section, must be protected, such official may take such 
        lawful action as the official considers necessary to effect 
        such protection.''.

SEC. 304. ADJUSTMENT OF STATUS WHEN NEEDED TO PROTECT INFORMANTS.

    Section 245(j) (8 U.S.C. 1255(j)) is amended--
            (1) in paragraph (3), by striking ``(1) or (2),'' and 
        inserting ``(1), (2), (3), or (4),'';
            (2) by redesignating paragraph (3) as paragraph (5);
            (3) by inserting after paragraph (2) the following:
            ``(3) If, in the opinion of the Secretary of Homeland 
        Security, the Secretary of State, or the Attorney General--
                    ``(A) a nonimmigrant admitted into the United 
                States under section 101(a)(15)(S)(iii) has supplied 
                information described in subclause (I) of such section; 
                and
                    ``(B) the provision of such information has 
                substantially contributed to the success of a 
                commercial alien smuggling investigation or an 
                investigation of the sale or production of fraudulent 
                documents to be used for entering or remaining in the 
                United States unlawfully, the disruption of such an 
                enterprise, or the prosecution of an individual 
                described in subclause (III) of that section,
        the Secretary of Homeland Security may adjust the status of the 
        alien (and the spouse, children, married and unmarried sons and 
        daughters, and parents of the alien if admitted under that 
        section) to that of an alien lawfully admitted for permanent 
        residence if the alien is not described in section 
        212(a)(3)(E).
            ``(4) The Secretary of Homeland Security may adjust the 
        status of a nonimmigrant admitted into the United States under 
        section 101(a)(15)(S)(iii) (and the spouse, children, married 
        and unmarried sons and daughters, and parents of the 
        nonimmigrant if admitted under that section) to that of an 
        alien lawfully admitted for permanent residence on the basis of 
        a recommendation of the Secretary of State or the Attorney 
        General.''; and
            (4) by adding at the end the following:
            ``(6) If the Secretary of Homeland Security, the Secretary 
        of State, or the Attorney General determines that a person 
        whose status is adjusted under this subsection must be 
        protected, such official may take such lawful action as the 
        official considers necessary to effect such protection.''.

SEC. 305. REWARDS PROGRAM.

    (a) Rewards Program.--Section 274 (8 U.S.C. 1324) is amended by 
adding at the end the following:
    ``(e) Rewards Program.--
            ``(1) In general.--There is established in the Department 
        of Homeland Security a program for the payment of rewards to 
        carry out the purposes of this section.
            ``(2) Purpose.--The rewards program shall be designed to 
        assist in the elimination of commercial operations to produce 
        or sell fraudulent documents to be used for entering or 
        remaining in the United States unlawfully and to assist in the 
        investigation, prosecution, or disruption of a commercial alien 
        smuggling operation.
            ``(3) Administration.--The rewards program shall be 
        administered by the Secretary of Homeland Security, in 
        consultation, as appropriate, with the Attorney General and the 
        Secretary of State.
            ``(4) Rewards authorized.--In the sole discretion of the 
        Secretary of Homeland Security, such Secretary, in 
        consultation, as appropriate, with the Attorney General and the 
        Secretary of State, may pay a reward to any individual who 
        furnishes information or testimony leading to--
                    ``(A) the arrest or conviction of any individual 
                conspiring or attempting to produce or sell fraudulent 
                documents to be used for entering or remaining in the 
                United States unlawfully or to commit an act of 
                commercial alien smuggling involving the transportation 
                of aliens in groups of 10 or more--
                            ``(i) in a manner that endangers their 
                        lives; or
                            ``(ii) who present a life-threatening 
                        health risk to people in the United States;
                    ``(B) the arrest or conviction of any individual 
                committing such an act;
                    ``(C) the arrest or conviction of any individual 
                aiding or abetting the commission of such an act;
                    ``(D) the prevention, frustration, or favorable 
                resolution of such an act, including the dismantling of 
                an operation to produce or sell fraudulent documents to 
                be used for entering or remaining in the United States, 
                or commercial alien smuggling operations, in whole or 
                in significant part; or
                    ``(E) the identification or location of an 
                individual who holds a key leadership position in an 
                operation to produce or sell fraudulent documents to be 
                used for entering or remaining in the United States 
                unlawfully or a commercial alien smuggling operation 
                involving the transportation of aliens in groups of 10 
                or more--
                            ``(i) in a manner that endangers their 
                        lives; or
                            ``(ii) who present a life-threatening 
                        health risk to people in the United States.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this subsection. Amounts appropriated under this 
        paragraph shall remain available until expended.
            ``(6) Ineligibility.--An officer or employee of any 
        Federal, State, local, or foreign government who, while in 
        performance of his or her official duties, furnishes 
        information described in paragraph (4) shall not be eligible 
        for a reward under this subsection for such furnishing.
            ``(7) Protection measures.--If the Secretary of Homeland 
        Security, the Secretary of State, or the Attorney General 
        determines that an individual who furnishes information or 
        testimony described in paragraph (4), or any spouse, child, 
        parent, son, or daughter of such an individual, must be 
        protected, such official may take such lawful action as the 
        official considers necessary to effect such protection.
            ``(8) Limitations and certification.--
                    ``(A) Maximum amount.--No reward under this 
                subsection may exceed $100,000, except as personally 
                authorized by the Secretary of Homeland Security.
                    ``(B) Approval.--Any reward under this subsection 
                exceeding $50,000 shall be personally approved by the 
                Secretary of Homeland Security.
                    ``(C) Certification for payment.--Any reward 
                granted under this subsection shall be certified for 
                payment by the Secretary of Homeland Security.''.

SEC. 306. OUTREACH PROGRAM.

    Section 274 (8 U.S.C. 1324), as amended by subsection (a), is 
further amended by adding at the end the following:
    ``(f) Outreach Program.--The Secretary of Homeland Security, in 
consultation, as appropriate, with the Attorney General and the 
Secretary of State, shall develop and implement an outreach program to 
educate the public in the United States and abroad about--
            ``(1) the penalties for--
                    ``(A) bringing in and harboring aliens in violation 
                of this section; and
                    ``(B) participating in a commercial operation for 
                making, or trafficking in, documents to be used for 
                entering or remaining in the United States unlawfully; 
                and
            ``(2) the financial rewards and other incentives available 
        for assisting in the investigation, disruption, or prosecution 
        of a commercial smuggling operation or a commercial operation 
        for making, or trafficking in, documents to be used for 
        entering or remaining in the United States unlawfully''.

                 TITLE IV--EMPLOYMENT-BASED IMMIGRATION

SEC. 401. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    Section 274B (8 U.S.C. 1324b) is amended--
            (1) in subsection (a)(5)--
                    (A) by amending the paragraph heading to read 
                ``Prohibition of Intimidation, Retaliation, or Unlawful 
                Discrimination in Employment'';
                    (B) by moving the text down and to the right 2 ems;
                    (C) by inserting before such text the following: 
                ``(A) in general.--''; and
                    (D) by adding at the end the following:
                    ``(B) Federal labor or employment laws.--It is an 
                unfair employment practice for any employer to directly 
                or indirectly threaten any individual with removal or 
                any other adverse consequences pertaining to that 
                individual's immigration status or employment benefits 
                for the purpose of intimidating, pressuring, or 
                coercing any such individual not to exercise any right 
                protected by State or Federal labor or employment law 
                (including section 7 of the National Labor Relations 
                Act (29 U.S.C. 157)), or for the purpose of retaliating 
                against any such individual for having exercised or 
                having stated an intention to exercise any such right.
                    ``(C) Discrimination based on immigration status.--
                It is an unfair employment practice for any employer, 
                except to the extent specifically authorized or 
                required by law, to discriminate in any term or 
                condition of employment against any individual employed 
                by such employer on the basis of such individual's 
                immigration status.''; and
            (2) in subsection (c)(2), by adding at the end the 
        following: ``The Special Counsel shall not disclose to the 
        Secretary of Homeland Security or any other government agency 
        or employee, and shall not cause to be published in a manner 
        that discloses to the Secretary of Homeland Security or any 
        other government agency or employee, any information obtained 
        by the Special Counsel in any manner concerning the immigration 
        status of any individual who has filed a charge under this 
        section, or the identity of any individual or entity that is a 
        party or witness to a proceedings brought pursuant to such 
        charge. The Secretary of Homeland Security may not rely, in 
        whole or in part, in any enforcement action or removal 
        proceeding, upon any information obtained as a result of the 
        filing or prosecution of an unfair immigration-related 
        employment practice charge. For purposes of this paragraph, the 
        term `Special Counsel' includes individuals formerly appointed 
        to the position of Special Counsel and any current or former 
        employee of the office of the Special Counsel. Whoever 
        knowingly uses, publishes, or permits information to be used in 
        violation of this paragraph shall be fined not more than 
        $10,000.''.

SEC. 402. DEPARTMENT OF LABOR TASK FORCE.

    The Secretary of Labor, in consultation with the Attorney General 
and the Secretary of Homeland Security, shall conduct a national study 
of American workplaces to determine the causes, extent, circumstances, 
and consequences, of exploitation of undocumented alien workers by 
their employers. As part of this study, the Secretary of Labor shall 
create a plan for targeted review of Federal labor law enforcement in 
industries with a substantial immigrant workforce, for the purpose of 
identifying, monitoring, and deterring frequent or egregious violators 
of wage and hour, antidiscrimination, National Labor Relations Act, and 
workplace safety and health requirements. Not later than 18 months 
after the date of the enactment of this Act, the Secretary of Labor 
shall submit to the Congress a report describing the results of the 
study and the Secretary's recommendations based on the study.

SEC. 403. RECRUITMENT OF AMERICAN WORKERS.

    Section 214 is amended--
            (1) by redesignating subsections (m) (as added by section 
        105 of Public Law 106-313), (n) (as added by section 107(e) of 
        Public Law 106-386), (o) (as added by section 1513(c) of Public 
        Law 106-386), (o) (as added by section 1102(b) of the Legal 
        Immigration Family Equity Act), and (p) (as added by section 
        1503(b) of the Legal Immigration Family Equity Act) as 
        subsections (n), (o), (p), (q), and (r), respectively; and
            (2) by adding at the end the following:
    ``(s)(1) No petition to accord employment status under any 
nonimmigrant classification described in section 101(a)(15) shall be 
granted in the absence of an affidavit from the petitioner describing 
the efforts that were made to recruit an alien lawfully admitted for 
permanent residence or a citizen of the United States before resorting 
to a petition to obtain a foreign employee. The recruitment efforts 
must have included substantial attempts to find employees in minority 
communities. Recruitment efforts in minority communities should include 
at least one of the following, if appropriate for the employment being 
advertised:
            ``(A) Advertise the availability of the job opportunity for 
        which the employer is seeking a worker in local newspapers in 
        the labor market that is likely to be patronized by a potential 
        worker for at least 5 consecutive days.
            ``(B) Undertake efforts to advertise the availability of 
        the job opportunity for which the employer is seeking a worker 
        through advertisements in public transportation systems.
            ``(C) To the extent permitted by local laws and 
        regulations, engage in recruitment activities in secondary 
        schools, recreation centers, community centers, and other 
        places throughout the communities within 50 miles of the job 
        site that serve minorities.
    ``(2)(A) The Secretary of Homeland Security shall impose a 10 
percent surcharge on all fees collected for petitions to accord 
employment status and shall use these funds to establish an employment 
training program which will include unemployed workers in the United 
States who need to be trained or retrained. The purpose of this program 
shall be to increase the number of lawful permanent residents and 
citizens of the United States who are available for employment in the 
occupations that are the subjects of such petitions. At least 50 
percent of the funds generated by this provision must be used to train 
American workers in rural and inner-city areas.
    ``(B) The Secretary of Homeland Security shall reserve and make 
available to the Secretary of Labor a portion of the funds collected 
under this paragraph. Such funds shall be used by the Secretary of 
Labor to establish an `Office to Preserve American Jobs' within the 
Department of Labor. The purpose of this office shall be to establish 
policies intended to ensure that employers in the United States will 
hire available workers in the United States before resorting to foreign 
labor, giving substantial emphasis to hiring minority workers in the 
United States.''.

                        TITLE V--REMOVAL WAIVERS

SEC. 501. PERMANENT APPLICATION OF SECTION 245(I).

    Section 245(i) (8 U.S.C. 1255(i)) is amended--
            (1) by inserting ``and'' at the end of paragraph (1)(A);
            (2) by amending paragraph (1)(B) to read as follows:
                    ``(B) who is the beneficiary (including a spouse or 
                child of the principal alien) of--
                            ``(i) a petition for classification under 
                        section 204; or
                            ``(ii) an application for a labor 
                        certification under section 212(a)(5)(A);'';
            (3) by striking paragraph (1)(C); and
            (4) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security''.

SEC. 502. DISCRETIONARY WAIVER OF INADMISSIBILITY BASED ON UNLAWFUL 
              PRESENCE, FAILURE TO ATTEND REMOVAL PROCEEDINGS, AND 
              MISREPRESENTATIONS.

    (a) In General.--Section 212(i) (8 U.S.C. 1182(i)) is amended to 
read as follows:
    ``(i) The Secretary of Homeland Security may waive the application 
of subparagraph (A)(i) or (B), or clause (i) or (ii) of subparagraph 
(C), of subsection (a)(6) in the case of an immigrant who is the 
parent, spouse, child, son, or daughter of a United States citizen or 
of an alien lawfully admitted to the United States for permanent 
residence, if it is established to the satisfaction of the Secretary 
that the refusal of admission to the United States of such immigrant 
would result in hardship to the immigrant or to such citizen or lawful 
permanent resident parent, spouse, child, son, or daughter.''.
    (b) Conforming Amendments.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) 
is amended--
            (1) in subparagraph (A), by adding at the end the 
        following:
                            ``(iii) Waiver authorized.--For a provision 
                        authorizing the waiver of clause (i), see 
                        subsection (i).'';
            (2) in subparagraph (B)--
                    (A) by inserting ``(i)'' after the subparagraph 
                heading; and
                    (B) by adding at the end the following:
                            ``(ii) Waiver authorized.--For a provision 
                        authorizing the waiver of clause (i), see 
                        subsection (i).''; and
            (3) in subparagraph (C)(iii), by inserting ``or (ii)'' 
        after ``(i)''.

SEC. 503. WAIVER OF INADMISSIBILITY FOR MINOR CRIMINAL OFFENSES.

    Section 212(h) (8 U.S.C. 1182(h)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``offense of simple possession of 30 grams or less of 
        marijuana'' and inserting ``controlled substance offense for 
        which the alien was not incarcerated for a period exceeding 1 
        year''; and
            (2) by striking the final two sentences.

SEC. 504. GENERAL WAIVER FOR ALIENS PREVIOUSLY REMOVED AND FOR THE 
              UNLAWFUL PRESENCE BARS.

    (a) In General.--Section 212(d) (8 U.S.C. 1182(d)) is amended by 
adding at the end the following:
    ``(14) The Secretary of Homeland Security may, in the discretion of 
the Secretary, for humanitarian purposes, to assure family unity, or 
when it is otherwise in the public interest, waive the application of 
subparagraph (A) or (B)(i) of subsection (a)(9).''.
    (b) Conforming Amendment.--Section 212(a)(9)(B) of such Act (8 
U.S.C. 1182(a)(9)(B)) is amended by striking clause (v).

SEC. 505. WAIVER OF AGGRAVATED FELONY CONSEQUENCES.

    Section 101 (8 U.S.C. 1101) is amended by adding at the end the 
following:
    ``(j) For purposes of this Act, and notwithstanding subsection 
(a)(43), the Secretary of Homeland Security may treat any conviction 
that did not result in incarceration for more than 1 year as if such 
conviction were not a conviction for an aggravated felony. This 
discretion may be exercised for humanitarian purposes, to assure family 
unity, or when it is otherwise in the public interest.''.

SEC. 506. DISCRETIONARY WAIVER TO ADMIT PERSONS IN UNUSUAL 
              CIRCUMSTANCES.

    (a) New General Waiver.--Section 212(d) (8 U.S.C. 1182(d)) is 
amended by adding at the end the following:
            ``(13) The Secretary of Homeland Security may, in the 
        discretion of such Secretary for humanitarian purposes, to 
        assure family unity, or when it is otherwise in the public 
        interest, waive the application of subparagraph (B) or (G) of 
        subsection (a)(6), clause (i) or (ii) of subsection (a)(9)(A), 
        or subsection (a)(9)(B)(i), in unusual circumstances. For 
        purposes of the preceding sentence, an instance of battering or 
        extreme cruelty is deemed to constitute unusual circumstances 
        in the case where it is inflicted on an alien (or a child of an 
        alien) by the alien's United States citizen or lawful permanent 
        resident spouse, parent, child, son, or daughter.''.
    (b) Waiver for Aliens Previously Removed.--
            (1) Certain aliens previously removed.--Section 
        212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amended by adding at 
        the end the following:
                            ``(iv) Waiver authorized.--For provision 
                        authorizing waiver of clause (i) or (ii), see 
                        subsection (d)(13).''.
            (2) Aliens unlawfully present.--Section 212(a)(9)(B)(v) (8 
        U.S.C. 1182(A)(9)(B)(v)) is amended to read as follows:
                            ``(v) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (d)(13).''.

SEC. 507. RESTORATION OF SUSPENSION OF DEPORTATION.

    (a) Cancellation of Removal.--Section 240A(a)(3) (8 U.S.C. 
1229b(a)(3)) is amended to read as follows:
            ``(3) has not been convicted of an aggravated felony for 
        which the sentence imposed is five years or more.''.
    (b) Repeal of Rule for Termination of Continuous Period.--
            (1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) (8 U.S.C. 
        1229b(a)) is repealed.
            (2) Section 240A(d) (8 U.S.C. 1229b) is amended--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively; and
                    (B) by inserting before the period at the end of 
                paragraph (1) (as redesignated) the following: ``, 
                unless the alien's departure from the United States was 
                due to a temporary trip abroad required by emergency or 
                extenuating circumstances outside the control of the 
                alien''.
    (c) Cancellation of Removal and Adjustment for Certain Nonpermanent 
Residents.--Section 240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to 
read as follows:
            ``(1) In general.--The Attorney General may cancel removal 
        in the case of an alien who is inadmissible or deportable from 
        the United States if the alien--
                    ``(A) has been physically present in the United 
                States for a continuous period of--
                            ``(i) 7 years immediately preceding the 
                        date of application in the case of an alien--
                                    ``(I) who is deportable on any 
                                ground other than a ground specified in 
                                clause (ii)(I); and
                                    ``(II) whose deportation would, in 
                                the opinion of the Attorney General, 
                                result in extreme hardship to the alien 
                                or the alien's spouse, child, parent, 
                                son, or daughter, who is a citizen of 
                                the United States or an alien lawfully 
                                admitted for permanent residence; or
                            ``(ii) 10 years immediately preceding the 
                        date of application in the case of an alien--
                                    ``(I) who is deportable for 
                                conviction of an offense under section 
                                212(a)(2), 237(a)(2), or 237(a)(3); and
                                    ``(II) whose deportation would, in 
                                the opinion of the Attorney General, 
                                result in exceptional and extremely 
                                unusual hardship to the alien or the 
                                alien's spouse, parent, child, son, or 
                                daughter, who is a citizen of the 
                                United States or an alien lawfully 
                                admitted for permanent residence; and
                    ``(B) has been a person of good moral character 
                during such period.''.
    (d) Elimination of Annual Limitation.--Section 240A (8 U.S.C. 
1229b) is amended by striking subsection (e).

          TITLE VI--REMOVAL GROUNDS BASED ON CRIMINAL OFFENSES

SEC. 601. DEFINITION OF MORAL TURPITUDE.

    (a) Equitable Definition of ``Moral Turpitude''.--
            (1) Conviction of certain crimes.--Section 212(a)(2)(A)(i) 
        (8 U.S.C. 1182(a)(2)(A)(i)) is amended by striking ``of, or who 
        admits having committed, or who admits committing acts which 
        constitute the essential elements of--'' and inserting ``of--
        ''.
            (2) Exception.--Section 212(a)(2)(A)(ii)(II) (8 U.S.C. 
        1182(a)(2)(A)(ii)(II)) is amended--
                    (A) by striking ``the maximum'' and all that 
                follows through ``such crime,''; and
                    (B) by striking ``6 months'' and inserting ``1 
                year''.
    (b) Equitable Definition of ``Crimes of Moral Turpitude''.--Section 
237(a)(2)(A)(i)(II) (8 U.S.C. 1227(a)(2)(A)(i)(II)) is amended to read 
as follows:
                                    ``(II) for which the alien has been 
                                incarcerated for a period exceeding one 
                                year,''.

SEC. 602. ``AGGRAVATED FELONY'' DEFINITIONS.

    (a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is 
amended by striking ``The term `aggravated felony' means'' and 
inserting ``Aggravated felony means a felony''.
    (b) Illicit Trafficking.--Section 101(a)(43)(B) (8 U.S.C. 
1101(a)(43)(B)) is amended by striking ``Code);'' and inserting 
``Code), except it does not include simple possession of a controlled 
substance;''.
    (c) Crimes of Violence and Theft Offenses.--Subparagraphs (F), (G), 
(R), and (S) of section 101(a)(43) (8 U.S.C. 1101(a)(43)(F), (G), (R), 
and (S)) are each amended by striking ``imprisonment'' and all that 
follows through the semicolon and inserting ``imprisonment of more than 
five years;''.
    (d) Corrupt Organizations and Gambling Offenses.--Section 
101(a)(43)(J) is amended by inserting ``more than five years'' after 
the words ``sentence of''.
    (e) Alien Smuggling.--Section 101(a)(43)(N) (8 U.S.C. 
101(a)(43)(N)) is amended--
            (1) by inserting ``committed for the purpose of commercial 
        advantage,'' after ``smuggling),''; and
            (2) by adding at the end a semicolon.
    (f) Discretionary Waiver in Cases of Other Minor Felonies.--Section 
101 (8 U.S.C. 1101) is amended by adding at the end the following:
    ``(i) For purposes of this Act, and notwithstanding subsection 
(a)(43), the Attorney General may treat any conviction that did not 
result in incarceration for more than 1 year as if such conviction were 
not a conviction for an aggravated felony.''.

SEC. 603. DEFINITIONS OF ``CONVICTION'' AND ``TERM OF IMPRISONMENT''.

    Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amended--
            (1) in subparagraph (A), by striking ``court'' and all that 
        follows through the period at the end and inserting ``court. An 
        adjudication or judgment of guilt that has been expunged, 
        deferred, annulled, invalidated, withheld, or vacated, an order 
        of probation without entry of judgment, or any similar 
        disposition shall not be considered a conviction for purposes 
        of this Act.''; and
            (2) in subparagraph (B)--
                    (A) by inserting ``only'' after ``deemed to 
                include''; and
                    (B) by striking ``court of law'' and all that 
                follows through the period at the end and inserting 
                ``court of law. Any such reference shall not be deemed 
                to include any suspension of the imposition or 
                execution of that imprisonment or sentence in whole or 
                in part.''.

SEC. 604. ELIMINATING RETROACTIVE CHANGES IN REMOVAL GROUNDS.

    (a) Application of Aggravated Felony Definition.--The last sentence 
of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended to read as 
follows: ``The term shall not apply to any offense that was not covered 
by the term on the date on which the offense occurred.''.
    (b) Grounds of Deportability.--Section 237 (8 U.S.C. 1227) is 
amended by adding at the end the following new subsection:
    ``(d) Notwithstanding any other provision of this section, an alien 
is not deportable by reason of committing any offense that was not a 
ground of deportability on the date the offense occurred.''.
    (c) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is 
amended by adding at the end the following new subsection:
    ``(p) Notwithstanding any other provision of this section, an alien 
is not inadmissible by reason of committing any offense that was not a 
ground of inadmissibility on the date the offense occurred.''.

SEC. 605. ELIMINATING UNFAIR RETROACTIVE CHANGES IN REMOVAL RULES FOR 
              PERSONS PREVIOUSLY REMOVED.

    (a) In General.--The Attorney General shall establish a process by 
which an alien described in subsection (b) may apply for reopening a 
proceeding so as to seek relief from exclusion, deportation, or removal 
under section 212(c) of the Immigration and Nationality Act, as such 
section was in effect prior to the enactment of the Antiterrorism and 
Effective Death Penalty Act of 1996, or section 240A of the Immigration 
and Nationality Act, as amended by this Act.
    (b) Alien Described.--An alien referred to in subsection (a) is an 
alien who received a final order of exclusion, deportation, or removal, 
or a decision on a petition for review or petition for habeas corpus, 
on or after September 30, 1996, and who was--
            (1) excluded, deported, or removed from the United States 
        by reason of having committed a criminal offense that was not a 
        basis for removal, exclusion, or deportation on the date on 
        which the offense was committed;
            (2) excluded, deported, or removed from the United States 
        by reason of having committed a criminal offense that is not a 
        basis for removal, exclusion, or deportation on the date of 
        enactment of this Act; or
            (3) excluded, deported, or removed from the United States 
        by reason of having committed a criminal offense prior to April 
        24, 1996, for which there was relief from exclusion, 
        deportation, or removal available prior to such date.
    (c) Parole.--The Attorney General may in her discretion exercise 
the parole authority under section 212(d)(5)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting 
aliens excluded, deported, or removed from the United States to 
participate in the process established under subsection (a), if the 
alien establishes prima facie eligibility for the relief.

                       TITLE VII--DIVERSITY VISAS

SEC. 701. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY IMMIGRANTS.

    Section 201(e) (8 U.S.C. 1151(e)) is amended by striking ``55,000'' 
and inserting ``110,000''.

SEC. 702. PERIOD DESIGNATED FOR APPLICATION.

    Section 203(e)(1) (8 U.S.C. 1153(e)(1)) is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears and and inserting ``Secretary of Homeland Security''; 
        and
            (2) by adding at the end the following: ``The Secretary 
        shall provide for a filing system that will permit unlimited 
        filing throughout the entire period designated for the filing 
        of petitions. If an electronic filing system is chosen, the 
        Secretary shall ensure that the computer equipment and software 
        used to accept the filed petitions will have the capacity to 
        accept every application that is submitted during the period 
        designated for filing the petitions. In the event that 
        petitions submitted during the designated period are rejected, 
        the designated period will be extended for an additional 10-day 
        period.''.

                       TITLE VIII--HAITIAN PARITY

SEC. 801. ADJUSTMENT OF STATUS FOR HAITIANS.

    (a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.), as 
amended by section 202, is further amended by inserting after section 
245C the following:

          ``adjustment of status of certain haitian nationals

    ``Sec. 245D. Notwithstanding the provisions of section 245(c), the 
status of any alien who is a national or citizen of Haiti, and who has 
been physically present in the United States for at least one year, may 
be adjusted by the Secretary of Homeland Security, in the Secretary's 
discretion and under such regulations as the Secretary may prescribe, 
to that of an alien lawfully admitted for permanent residence, if the 
alien makes an application for such adjustment and the alien is 
eligible to receive an immigrant visa and is admissible to the United 
States for permanent residence. Upon approval of such an application 
for adjustment of status, the Secretary shall create a record of the 
alien's admission for permanent residence as of a date 30 months prior 
to the filing of such an application or the date of the alien's last 
arrival into the United States, whichever date is later. The provisions 
of this Act shall be applicable to the spouse and child of any alien 
described in this section, regardless of their citizenship and place of 
birth, if the spouse or child is residing with such alien in the United 
States.''.
    (b) Clerical Amendment.--The table of contents as amended by 
section 202, is further amended by inserting after the item relating to 
section 245C the following:

``Sec. 245D. Adjustment of status of certain Haitian nationals.''.
    (c) Sunset.--The amendments made by this section shall cease to be 
effective on the date that is 3 years after the date of the enactment 
of this Act.

SEC. 802. LIMITATION OF ATTORNEY GENERAL'S BOND DISCRETION.

    Section 236 (8 U.S.C. 1226) is amended by adding at the end the 
following:
    ``(f) Exercise of Authority for Arrest, Detention, and Release.--
The Secretary of Homeland Security shall exercise the discretion 
afforded under subsection (a) on a case-by-case basis. If bond is to be 
denied on the ground that the alien's release would give rise to 
adverse consequences for national security or national immigration 
policy, the finding of such adverse consequences shall be based on 
circumstances pertaining to the individual alien whose release is being 
considered.''.

SEC. 803. ELIMINATION OF MANDATORY DETENTION IN EXPEDITED REMOVAL 
              PROCEEDINGS.

    Section 235(b)(1)(B)(iii)(IV) (8 U.S.C. 1225(b)(1)(B)(iii)(IV)) is 
amended to read as follows:
                                    ``(IV) Detention.--Aliens subject 
                                to the procedures under this clause 
                                shall be detained in accordance with 
                                section 236.''.

SEC. 804. AMENDMENTS TO HAITIAN AND IMMIGRANT FAIRNESS ACT OF 1998.

    (a) Ground for Inadmissibility for Document Fraud Does not Apply.--
The Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 
note) is amended in subsections (a)(1)(B) and (d)(1)(D) of section 902 
by inserting ``(6)(C)(i),'' after ``(6)(A),''.
    (b) Determinations With Respect to Children.--Section 902(d) of 
such Act is amended by adding at the end the following:
            ``(3) Determinations with respect to children.--
                    ``(A) Use of application filing date.--
                Determinations made under this subsection as to whether 
                an individual is a child of a parent shall be made 
                using the age and status of the individual on the date 
                of the enactment of this section.
                    ``(B) Application submission by parent.--
                Notwithstanding paragraph (1)(C), an application under 
                this subsection filed based on status as a child may be 
                filed for the benefit of such child by a parent or 
                guardian of the child, if the child is physically 
                present in the United States on such filing date.''.

SEC. 805. NEW APPLICATIONS AND MOTIONS TO REOPEN.

    (a) New Applications.--Notwithstanding section 902(a)(1)(A) of the 
Haitian and Immigrant Fairness Act of 1998, an alien who is eligible 
for adjustment of status under such Act, as amended by section 804 of 
this Act, may submit an application for adjustment of status under such 
Act not later than the later of--
            (1) 2 years after the date of the enactment of this Act; 
        and
            (2) 1 year after the date on which final regulations 
        implementing section 804 are promulgated.
    (b) Motions to Reopen.--The Secretary of Homeland Security shall 
establish procedures for the reopening and reconsideration of 
applications for adjustment of status under the Haitian Refugee 
Immigration Fairness Act of 1998 that are affected by the amendments 
under section 804 of this Act.
    (c) Relationship of Application to Certain Orders.--Section 
902(a)(3) of the Haitian and Immigrant Fairness Act of 1998 shall apply 
to an alien present in the United States who has been ordered excluded, 
deported, removed, or ordered to depart voluntarily, and who files an 
application under subsection (a), or a motion under subsection (b), in 
the same manner as such section 902(a)(3) applied to aliens filing 
applications for adjustment of status under such Act before April 1, 
2000.

SEC. 806. TEMPORARY PROTECTED STATUS FOR HAITIANS.

    It is the sense of the Congress that the Secretary of Homeland 
Security should be more liberal with respect to Haiti in deciding 
whether to designate that country for temporary protected status under 
section 244(b)(1)(A) of the Immigration and Nationality (8 U.S.C. 
1254(b)(1)(A)). It is the sense of the Congress that this decision has 
sometimes been made without due regard to the serious threat to 
personal safety that results from sending Haitians back to Haiti during 
a period of ongoing armed conflict in that country.

                   TITLE IX--LIBERIAN REFUGEE RELIEF

SEC. 901. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN NATIONALS.

    (a) Adjustment of Status.--
            (1) In general.--Notwithstanding section 245(c) of the 
        Immigration and Nationality Act, the status of any alien 
        described in subsection (b) shall be adjusted by the Secretary 
        of Homeland Security to that of an alien lawfully admitted for 
        permanent residence, if the alien--
                    (A) applies for such adjustment before April 1, 
                2005; and
                    (B) is otherwise eligible to receive an immigrant 
                visa and is otherwise admissible to the United States 
                for permanent residence, except in determining such 
                admissibility the grounds for inadmissibility specified 
                in paragraphs (4), (5), (6)(A), and (7)(A) of section 
                212(a) of the Immigration and Nationality Act shall not 
                apply.
            (2) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, removed, or ordered to depart voluntarily 
        from the United States under any provision of the Immigration 
        and Nationality Act may, notwithstanding such order, apply for 
        adjustment of status under paragraph (1). Such an alien may not 
        be required, as a condition on submitting or granting such 
        application, to file a motion to reopen, reconsider, or vacate 
        such order. If the Secretary of Homeland Security grants the 
        application, the Secretary of Homeland Security shall cancel 
        the order. If the Secretary of Homeland Security renders a 
        final administrative decision to deny the application, the 
        order shall be effective and enforceable to the same extent as 
        if the application had not been made.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided by subsection (a) shall apply to any alien who--
            (1) is a national of Liberia; and
            (2)(A) who was granted temporary protected status on or 
        after March 27, 1991; or
            (B) was eligible to apply for temporary protected status on 
        or after March 27, 1991.
    (c) Stay of Removal.--
            (1) In general.--The Secretary of Homeland Security shall 
        provide by regulation for an alien subject to a final order of 
        deportation or removal or exclusion to seek a stay of such 
        order based on the filing of an application under subsection 
        (a).
            (2) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act, the Secretary 
        of Homeland Security shall not order any alien to be removed 
        from the United States, if the alien is in exclusion, 
        deportation, or removal proceedings under any provision of such 
        Act and raises as a defense to such an order the eligibility of 
        the alien to apply for adjustment of status under subsection 
        (a), except where the Secretary of Homeland Security has 
        rendered a final administrative determination to deny the 
        application.
            (3) Work authorization.--The Secretary of Homeland Security 
        may authorize an alien who has applied for adjustment of status 
        under subsection (a) to engage in employment in the United 
        States during the pendency of such application and may provide 
        the alien with an ``employment authorized'' endorsement or 
        other appropriate document signifying authorization of 
        employment, except that if such application is pending for a 
        period exceeding 180 days, and has not been denied, the 
        Secretary of Homeland Security shall authorize such employment.
    (d) Adjustment of Status for Spouses and Children.--
            (1) In general.--Notwithstanding section 245(c) of the 
        Immigration and Nationality Act, the status of an alien shall 
        be adjusted by the Secretary of Homeland Security to that of an 
        alien lawfully admitted for permanent residence, if--
                    (A) the alien is a national of Liberia;
                    (B) the alien is the spouse, child, or unmarried 
                son or daughter, of an alien whose status is adjusted 
                to that of an alien lawfully admitted for permanent 
                residence under subsection (a), except that in the case 
                of such an unmarried son or daughter, the son or 
                daughter shall be required to establish that they have 
                been physically present in the United States for at 
                least 1 year and is physically present in the United 
                States on the date the application for such adjustment 
                is filed;
                    (C) the alien applies for such adjustment and is 
                physically present in the United States on the date the 
                application is filed; and
                    (D) the alien is otherwise eligible to receive an 
                immigration visa and is otherwise admissible to the 
                United States for permanent residence, except in 
                determining such admissibility the grounds for 
                exclusion specified in paragraphs (4), (5), (6)(A), and 
                (7)(A) of section 212(a) of the Immigration and 
                Nationality Act shall not apply.
            (2) Proof of continuous presence.--For purposes of 
        establishing the period of continuous physical presence 
        referred to in paragraph (1)(B), an alien shall not be 
        considered to have failed to maintain continuous physical 
        presence by reason of an absence, or absences, from the United 
        States for any periods in aggregate not exceeding 180 days.
    (e) Availability of Administrative Review.--The Secretary of 
Homeland Security shall provide to applicants for adjustment of status 
under subsection (a) the same right to, and procedures for, 
administrative review as are provided to--
            (1) applicants for adjustment of status under section 245 
        of the Immigration and Nationality Act; or
            (2) aliens subject to removal proceedings under section 240 
        of such Act.
    (f) Limitation on Judicial Review.--A determination by the 
Secretary of Homeland Security as to whether the status of any alien 
should be adjusted under this section is final and shall not be subject 
to review by any court.
    (g) No Offset in Number of Visas Available.--When an alien is 
granted the status of having been lawfully admitted for permanent 
residence pursuant to this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under any provision of the Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the 
definitions contained in the Immigration and Nationality Act shall 
apply in the administration of this section. Nothing contained in this 
section shall be held to repeal, amend, alter, modify, effect, or 
restrict the powers, duties, functions, or authority of the Secretary 
of Homeland Security in the administration and enforcement of such Act 
or any other law relating to immigration, nationality, or 
naturalization. The fact that an alien may be eligible to be granted 
the status of having been lawfully admitted for permanent residence 
under this section shall not preclude the alien from seeking such 
status under any other provision of law for which the alien may be 
eligible.

          TITLE X--FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS

SEC. 1001. REFUGEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF REFUGEES.

    Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended by adding at the 
end the following:
                    ``(C) When warranted by unusual circumstances or to 
                preserve family unity, the Attorney General may, in the 
                Attorney General's discretion, consider an unmarried 
                son or daughter of a refugee to be a child of the 
                refugee for purposes of this paragraph.''.

SEC. 1002. ASYLEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF ASYLEES.

    Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended by adding at the 
end the following:
                    ``(C) When warranted by unusual circumstances or to 
                preserve family unity, the Attorney General may, in the 
                Attorney General's discretion, consider an unmarried 
                son or daughter of an alien who is granted asylum under 
                this subsection to be a child of the alien for purposes 
                of this paragraph.''.

SEC. 1003. ELIMINATION OF ARBITRARY TIME LIMITS ON ASYLUM APPLICATIONS.

    Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--
            (1) by striking subparagraph (B);
            (2) in subparagraph (C), by striking ``(D),'' and inserting 
        ``(C),'';
            (3) in subparagraph (D)--
                    (A) by striking ``subparagraphs (B) and (C),'' and 
                inserting ``subparagraph (B),'';
                    (B) by striking ``either''; and
                    (C) by striking ``asylum or extraordinary'' and all 
                that follows through the period at the end and 
                inserting ``asylum.''; and
            (4) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (B) and (C), respectively.

SEC. 1004. GENDER-BASED PERSECUTION.

    (a) Treatment as Refugee.--Section 101(a)(42) (8 U.S.C. 
1101(a)(42)) is amended by adding at the end the following:
                    ``(C) For purposes of determinations under this 
                Act, a person who establishes that he or she suffered 
                persecution in the past, or has a well-founded fear of 
                persecution, on account of gender shall be considered 
                to have suffered persecution, or to have a well-founded 
                fear of persecution, on account of membership in a 
                particular social group.''.
    (b) Restriction on Removal to Country Where Alien Would Be 
Threatened.--Section 241(b)(3) of such Act (8 U.S.C. 1231(b)(3)) is 
amended by adding at the end the following:
                    ``(C) Gender-based persecution.--For purposes of 
                determinations under this paragraph, an alien who 
                establishes that the alien's life or freedom would be 
                threatened in a country on account of gender shall be 
                considered to have established that the alien's life or 
                freedom would be threatened in that country on account 
                of membership in a particular social group.''.

SEC. 1005. ELIMINATION OF ARBITRARY CAP ON PERSONS ELIGIBLE TO ADJUST 
              STATUS FROM ASYLEES TO LEGAL PERMANENT RESIDENTS.

    Section 209(b) (8 U.S.C. 1159(b)) is amended by striking ``Not more 
than 10,000 of the'' and all that follows through ``to adjust'' and 
inserting ``Subject to a numerical limitation determined by the 
President before the beginning of each fiscal year, the Attorney 
General may adjust, in the Attorney General's discretion and under such 
regulations as the Attorney General may prescribe,''.

                  TITLE XI--TEMPORARY PROTECTED STATUS

SEC. 1101. ADJUSTMENT OF STATUS FOR CERTAIN RECIPIENTS OF TEMPORARY 
              PROTECTED STATUS.

    (a) In General.--Section 245 (8 U.S.C. 1255) is amended by adding 
at the end the following:
    ``(n)(1) If, in the opinion of the Secretary of the Homeland 
Security Department, a person granted temporary protected status under 
section 244--
            ``(A) has been physically present in the United States in 
        that status for a continuous period of at least 5 years;
            ``(B) has at all times been a person of good moral 
        character;
            ``(C) has never been convicted of a criminal offense in the 
        United States;
            ``(D) in the case of an alien who is 18 years of age or 
        older, but who is not over the age of 65, has successfully 
        completed a course on reading, writing, and speaking words in 
        ordinary usage in the English language, unless unable to do so 
        on account of physical or developmental disability or mental 
        impairment;
            ``(E) in the case of an alien 18 years of age or older, has 
        accepted the values and cultural life of the United States; and
            ``(F) in the case of an alien 18 years of age or older, has 
        performed at least 40 hours of community service;
the Secretary may adjust the status of the alien to that of an alien 
lawfully admitted for permanent residence.
    ``(2) An alien shall not be considered to have failed to maintain a 
continuous presence in the United States for purposes of subsection 
(a)(1) by virtue of brief, casual, and innocent absences from the 
United States.
    ``(3)(A) The alien shall establish that the alien is admissible to 
the United States as immigrant, except as otherwise provided in 
paragraph (2).
    ``(B) The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), 
(6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) 
shall not apply in the determination of an alien's admissibility under 
this section.
    ``(4) When an alien is granted lawful permanent resident status 
under this subsection, the number of immigrant visas authorized to be 
issued under any provision of this Act shall not be reduced. The 
numerical limitations of sections 201 and 202 shall not apply to 
adjustment of status under this section.
    ``(5) The Secretary of Homeland Security may terminate removal 
proceedings without prejudice pending the outcome of an alien's 
application for adjustment of status under this section on the basis of 
a prima facie showing of eligibility for relief under this section.''.
    (b) Limitation on Consideration in the Senate of Legislation 
Adjusting Status.--Section 244 (8 U.S.C. 1254a) is amended by striking 
subsection (h) and redesignating subsection (i) as subsection (h).

SEC. 1102. FOREIGN STATE DESIGNATIONS.

    Section 244(b)(1)(C) (8 U.S.C. 1254a(b)(1)(C)) is amended to change 
the following phrase ``the Attorney General finds that there exist 
extraordinary and temporary conditions in the foreign state that 
prevent aliens who are nationals of the state from returning to the 
state in safety,'' so that it reads as follows: ``the Secretary of 
Homeland Security finds that extraordinary and temporary conditions in 
the foreign state make returning aliens to the state undesirable for 
humanitarian reasons,''.

                  TITLE XII--MISCELLANEOUS PROVISIONS

SEC. 1201. NATURALIZATION PROVISIONS.

    (a) Physical Presence Requirement.--Section 316(a) (8 U.S.C. 1427) 
is amended by adding at the end the following:
    ``(g) When warranted by extraordinary circumstances, the Secretary 
of Homeland Security may reduce, by not more than 90 days, the physical 
presence requirement described in the preceding sentence.''.
    (b) Absences From the United States.--Section 316(b) (8 U.S.C. 
1427(b)) is amended--
            (1) in the first sentence, by striking ``one year'' and 
        inserting ``18 months''; and
            (2) in the second sentence, by striking ``continuous period 
        of one year'' and inserting ``continuous period of 18 months''.

SEC. 1202. PREVENTING INAPPROPRIATE STATE AND LOCAL GOVERNMENT 
              INVOLVEMENT IN THE ENFORCEMENT OF CIVIL IMMIGRATION 
              PROVISIONS UNDER THE IMMIGRATION AND NATIONALITY ACT.

    (a) Elimination of Ban on State and Local Governments From 
Preventing Communications With the Department of Homeland Security.--
            (1) In general.--Section 642 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) 
        is repealed.
            (2) Verification of eligibility for federal public 
        benefits.--Section 432 of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642) is 
        repealed.
    (b) Elimination of Authority to Permit State Personnel to Carry Out 
Immigration Officer Functions.--Section 287(g) (8 U.S.C. 1357(g)) is 
repealed.

        TITLE XIII--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE

SEC. 1300. SHORT TITLE OF TITLE; TABLE OF CONTENTS OF TITLE; REFERENCES 
              TO VAWA-2000; REGULATIONS.

    (a) Short Title.--This title may be cited as ``Immigrant Victims of 
Violence Protection Act of 2005''.
    (b) References to VAWA-2000.--In this title, the term ``VAWA-2000'' 
means the Violence Against Women Act of 2000 (division B of Public Law 
106-386).
    (c) Regulations.-- Not later than 180 days after the date of the 
enactment of this Act, the Attorney General, the Secretary of Homeland 
Security, and Secretary of State shall promulgate regulations to 
implement the provisions contained in the Battered Immigrant Women 
Protection Act of 2000 (title V of VAWA-2000) and the amendments made 
by (and the provisions of) this title.

                      Subtitle A--Victims of Crime

SEC. 1301. CONDITIONS APPLICABLE TO U AND T VISAS.

    (a) Treatment of U Derivatives.--Clause (ii) of section 
101(a)(15)(U)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(U)(ii)), as added by section 1513(b) of VAWA-2000, is 
amended to read as follows:
                    ``(ii) the spouse or child of an alien described in 
                clause (i), or the parent of such an alien if the alien 
                is a child, or the unmarried sibling of such a child if 
                such sibling is under 18 years of age on the date on 
                which such alien applied for status under such clause, 
                if--
                            ``(I) the Secretary of Homeland Security 
                        considers it necessary to avoid extreme 
                        hardship to such alien or such spouse, child, 
                        parent, or sibling; or
                            ``(II) a government official described in 
                        clause (i)(III) certifies that an investigation 
                        or prosecution described in such clause would 
                        be harmed without the assistance of such 
                        spouse, child, parent, or sibling; and''.
    (b) Treatment of Spouse and Children of Victims of Trafficking.--
Clause (ii) of section 101(a)(15)(T) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(T)) is amended to read as follows:
                    ``(ii) if accompanying, or following to join, the 
                alien described in clause (i)--
                            ``(I) in the case of an alien so described 
                        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 clause, and parents of such 
                        alien; or
                            ``(II) in the case of an alien described in 
                        clause (i) who is 21 years of age or older, the 
                        spouse and children of such alien;''.
    (c) Duration of U and T Visas.--
            (1) U visas.--Section 214(p) of such Act (8 U.S.C. 1184(p)) 
        is amended by adding at the end the following new paragraph:
            ``(6) Duration of status.--The authorized period of status 
        of an alien as a nonimmigrant under section 101(a)(15)(U) shall 
        be 4 years, but shall be extended--
                    ``(A) on a year-by-year basis upon certification 
                from a Federal, State or local law enforcement 
                official, prosecutor, judge, or other Federal, State or 
                local authority investigating or prosecuting criminal 
                activity described in section 101(a)(15)(U)(iii) that 
                the alien's continued presence in the United States is 
                required to assist in the investigation or prosecution 
                of such criminal activity; and
                    ``(B) if the alien files an application for 
                adjustment of status under section 245(m), until final 
                adjudication of such application.''.
            (2) T visas.--Section 214(o) of such Act (8 U.S.C. 
        1184(o)), as redesignated by section 8(a)(3) of the Trafficking 
        Victims Protection Reauthorization Act of 2003 (Public Law 108-
        193), is amended by adding at the end the following:
    ``(7) The authorized period of status of an alien as a nonimmigrant 
status under section 101(a)(15)(T) shall be 4 years, but shall be 
extended--
            ``(A) on a year-by-year basis upon certification from a 
        Federal, State or local law enforcement official, prosecutor, 
        judge, or other Federal, State or local authority investigating 
        or prosecuting criminal activity relating to human trafficking 
        that the alien's continued presence in the United States is 
        required to assist in the investigation or prosecution of such 
        criminal activity; and
            ``(B) if the alien files an application for adjustment of 
        status under section 245(l), until final adjudication of such 
        application.''.
    (d) Permitting Change of Nonimmigrant Status to U and T 
Nonimmigrant Status.--
            (1) In general.--Section 248 of such Act (8 U.S.C. 1258) is 
        amended--
                    (A) by striking ``The Attorney General'' and 
                inserting ``(a) The Secretary of Homeland Security'';
                    (B) by inserting ``(subject to subsection (b))'' 
                after ``except''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(b) The limitation based on inadmissibility under section 
212(a)(9)(B) and the exceptions specified in numbered paragraphs of 
subsection (a) shall not apply to a change of nonimmigrant 
classification to that of a nonimmigrant under subparagraph (T) or (U) 
of section 101(a)(15), other than from such classification under 
subparagraph (C) or (D) of such section.''.
            (2) Conforming amendment.--Section 214(l)(2)(A) of such Act 
        (8 U.S.C. 1184(l)(2)(A)) is amended by striking ``248(2)'' and 
        inserting ``248(a)(2)''.
    (e) U Visa Crimes.--
            (1) In general.--Section 101(a)(15)(U) of such Act (8 
        U.S.C. 1101(a)(15)(U)) is amended--
                    (A) in clause (i)(I)--
                            (i) by inserting ``or injury'' after 
                        ``physical or mental abuse''; and
                            (ii) by inserting ``or witness'' after 
                        ``victim''; and
                    (B) in clause (iii), by inserting ``child abuse; 
                stalking (including physical or electronic stalking);'' 
                after ``unlawful criminal restraint; false 
                imprisonment;''.
            (2) Implementation.--It is the intent of Congress that 
        certifications should be made under clause (i)(III) of section 
        101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(U)) where an alien provides information to a law 
        enforcement official on criminal activity described in clause 
        (iii) of such section and is willing to help in the 
        investigation of such activity, regardless of whether a 
        prosecution is made in such case or if prosecution is made for 
        criminal activity not described in such clause.
    (f) Certification Process for Victims of Trafficking.--
            (1) Victim assistance in investigation or prosecution.--
        Section 107(b)(1)(E) of the Trafficking Victims Protection Act 
        of 2000 (Division A of Public Law 106-386; 22 U.S.C. 
        7105(b)(1)(E)) is amended----
                    (A) in clause (i)(I), by striking ``investigation 
                and prosecution'' and inserting ``investigation or 
                prosecution, by the United States or a State or local 
                government''; and
                    (B) in clause (iii)--
                            (i) by striking ``Investigation and 
                        prosecution'' and ``investigation and 
                        prosecution'' and inserting ``Investigation or 
                        prosecution'' and ``investigation or 
                        prosecution'', respectively;
                            (ii) in subclause (II), by striking ``and'' 
                        at the end;
                            (iii) in subclause (III), by striking the 
                        period and inserting ``; or''; and
                            (iv) by adding at the end the following new 
                        subclause:
                                    ``(IV) responding to and 
                                cooperating with requests for evidence 
                                and information.''.
            (2) Clarifying roles of attorney general and secretary of 
        homeland security.--
                    (A) Section 107 of the Trafficking Victims 
                Protection Act of 2000 (Division A of Public Law 106-
                386; 22 U.S.C. 7105) is amended--
                            (i) in subsections (b)(1)(E)(i)(II)(bb), 
                        (b)(1)(E)(ii), (e)(5), and (g), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security''; and
                            (ii) in subsection (c), by inserting ``, 
                        Secretary of Homeland Security,'' after 
                        ``Attorney General''.
                    (B) Section 101(a)(15)(T) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended by 
                striking ``Attorney General'' and inserting ``Secretary 
                of Homeland Security'' each place it appears.
                    (C) Section 212(d)(13) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(d)(13)) is amended--
                            (i) in subparagraph (A), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security'';
                            (ii) in subparagraph (B), by striking 
                        ``Attorney General'' the first place it appears 
                        and inserting ``Secretary of Homeland 
                        Security''; and
                            (iii) in subparagraph (B), by striking 
                        ``Attorney General, in the Attorney General's 
                        discretion'' and inserting ``Secretary, in the 
                        Secretary's discretion''.
                    (D) Section 101(i) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(i)) is amended--
                            (i) in paragraph (1), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security, the Attorney General,''; 
                        and
                            (ii) in paragraph (2), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security''.
                    (E) Section 245(l) of the Immigration and 
                Nationality Act (8 U.S.C. 1255(l)) is amended--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security'' 
                        the first place it appears in paragraphs (1) 
                        and (2) and in paragraph (4);
                            (ii) by striking ``Attorney General'' and 
                        inserting ``Secretary '' the second place it 
                        appears in paragraphs (1) and (2); and
                            (iii) in paragraph (2), by striking 
                        ``Attorney General's'' and inserting 
                        ``Secretary's''.
            (3) Petitioning by state and local law enforcement 
        officials.--Section 107(c)(3) of the Trafficking Victims 
        Protection Act of 2000 (Division A of Public Law 106-386; 22 
        U.S.C. 7105(c)(3)) is amended by adding at the end the 
        following: ``State or local law enforcement officials may 
        petition Federal law enforcement officials for the continued 
        presence for trafficking victims. If such a petition contains a 
        certification that a trafficking victim is a victim of a severe 
        form of trafficking, the presence of the trafficking victim 
        shall be permitted in accordance with this paragraph.''.
    (g) Effective Dates.--
            (1) In general.--The amendments made by subsections (a), 
        (b), (c)(1), (d), and (e) shall take effect on the date of the 
        enactment of this Act.
            (2) Transition for duration of t visas.--In the case of an 
        alien who is classified as a nonimmigrant under section 
        101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(T)) before the the date of implementation of the 
        amendment made by subsection (c)(2) and whose period of 
        authorized stay was less than 4 years, the authorized period of 
        status of the alien as such a nonimmigrant shall be extended to 
        be 4 years and shall be further extended on a year-by-year 
        basis as provided in section 214(o)(7) of such Act, as added by 
        such amendment.
            (3) Certification process.--(A) The amendments made by 
        subsection (f)(1) shall be effective as if included in the 
        enactment of VAWA-2000.
            (B) The amendments made by subsection (f)(2) shall be 
        effective as of the applicable date of transfer of authority 
        from the Attorney General to the Secretary of Homeland Security 
        under the Homeland Security Act of 2002 (Public Law 107-296).
            (C) The amendment made by subsection (f)(3) shall be 
        effective as if included in the enactment of the Trafficking 
        Victims Protection Reauthorization Act of 2003 (Public Law 108-
        193).

SEC. 1302. CLARIFICATION OF BASIS FOR RELIEF UNDER HARDSHIP WAIVERS FOR 
              CONDITIONAL PERMANENT RESIDENCE.

    (a) In General.--Section 216(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by adding at the end 
the following: ``An application for relief under this paragraph may be 
based on one or more grounds specified in subparagraphs (A) through (D) 
and may be amended at any time to change the ground or grounds for such 
relief without the application being resubmitted.''.
    (b) Conforming Amendment.--Section 237(a)(1)(H)(ii) of such Act (8 
U.S.C. 1227(a)(1)(H)(ii)) is amended by inserting before the period at 
the end the following: ``or qualifies for a waiver under section 
216(c)(4)''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to applications for relief pending or filed on or after April 10, 
2003.

SEC. 1303. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAFFICKING.

    Section 245(l)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1255(l)(1)(A)) is amended by striking ``for a continuous period 
of at least 3 years''.

                      Subtitle B--VAWA Petitioners

SEC. 1311. DEFINITION OF VAWA PETITIONER.

    (a) In General.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following 
new paragraph:
    ``(51) The term `VAWA petitioner' means an alien whose application 
or petition for classification or relief under any of the following 
provisions (whether as a principal or as a derivative) has been filed 
and has not been denied after exhaustion of administrative appeals:
            ``(A) Clause (iii), (iv), or (vii) of section 204(a)(1)(A).
            ``(B) Clause (ii) or (iii) of section 204(a)(1)(B).
            ``(C) The first section of Public Law 89-732 (commonly 
        known as the Cuban Adjustment Act) as a child or spouse who has 
        been battered or subjected to extreme cruelty.
            ``(D) Section 902(d)(1)(B) of the Haitian Refugee 
        Immigration Fairness Act of 1998 (division A of section 101(h) 
        of Public Law 105-277).
            ``(E) Section 202(d)(1) of the Nicaraguan Adjustment and 
        Central American Relief Act (8 U.S.C. 1255 note; Public Law 
        105-100).
            ``(F) Section 309(c)(5) of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996 (division C of Public 
        Law 104-208; 8 U.S.C. 1101 note).''.
    (b) Conforming Amendments.--
            (1) Section 212(a)(6)(A)(ii)(I) of such Act (8 U.S.C. 
        1182(a)(6)(A)(ii)(I)) is amended by striking ``qualifies for 
        immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii), 
        or (B)(iii) of section 204(a)(1)'' and inserting ``is a VAWA 
        petitioner''.
            (2) Section 212(a)(9)(C)(ii) of such Act (8 U.S.C. 
        1182(a)(9)(C)(ii)) is amended by striking ``to whom the 
        Attorney General has granted classification under clause (iii), 
        (iv), or (v) of section 204(a)(1)(A), or classification under 
        clause (ii), (iii), or (iv) of section 204(a)(1)(B)'' and 
        inserting ``is a VAWA petitioner''.
            (3) Subsections (h)(1)(C) and (g)(1)(C) of section 212 (8 
        U.S.C. 1182) is amended by striking ``qualifies for 
        classification under clause (iii) or (iv) of section 
        204(a)(1)(A) or classification under clause (ii) or (iii) of 
        section 204(a)(1)(B)'' and inserting ``is a VAWA petitioner''.
            (4) Section 212(i)(1) of such Act (8 U.S.C. 1182(i)(1)) is 
        amended by striking ``an alien granted classification under 
        clause (iii) or (iv) of section 201(a)(1)(A) or clause (ii) or 
        (iii) of section 204(a)(1)(B)'' and inserting ``a VAWA 
        petitioner''.
            (5) Section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 
        1227(a)(1)(H)(ii)) is amended by striking ``is an alien who 
        qualifies for classification under clause (iii) or (iv) of 
        section 204(a)(1)(A) or clause (ii) or (iii) of section 
        204(a)(1)(B)'' and inserting ``is a VAWA petitioner''.
            (6) Section 240A(b)(4)(B) of such Act (8 U.S.C. 
        1229b(b)(4)(B)) is amended by striking ``they were applications 
        filed under section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or 
        (B)(iii) of such Act'' and inserting ``the applicants were VAWA 
        petitioners''.
            (7) Section 245(a) of such Act (8 U.S.C. 1255(a)) is 
        amended by striking ``under subparagraph (A)(iii), (A)(iv), 
        (B)(ii), or (B)(iii) of section 204(a)(1) or'' and inserting 
        ``as a VAWA petitioner''.
            (8) Section 245(c) of such Act (8 U.S.C. 1255(c)) is 
        amended by striking ``under subparagraph (A)(iii), (A)(iv), 
        (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 
        204(a)(1)'' and inserting ``as a VAWA petitioner''.
            (9) For additional conforming amendments to sections 
        212(a)(4)(C)(i) and 240(c)(6)(C)(iv)(I) of the Immigration and 
        Nationality Act, see sections 832(c) and 817(a) of this Act.

SEC. 1312. SELF-PETITIONING FOR CHILDREN.

    (a) Self-Petitioning by Children of Parent-Abusers Upon Death or 
Other Termination of Parent-Child Relationship.--
            (1) Citizen parents.--Section 204(a)(1)(A)(iv) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is 
        amended--
                    (A) by striking ``or who'' and inserting ``who''; 
                and
                    (B) by inserting after ``domestic violence,'' the 
                following: ``or who was a child of a United States 
                citizen parent who within the past 2 years (or, if 
                later, two years after the date the child attains 18 
                years of age) died or otherwise terminated the parent-
                child relationship,''.
            (2) Lawful permanent resident parents.--
                    (A) In general.--Section 204(a)(1)(B)(iii) of such 
                Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended--
                            (i) by striking ``or who'' and inserting 
                        ``who''; and
                            (ii) by inserting after ``domestic 
                        violence,'' the following: ``or who was a child 
                        of a lawful permanent resident resident who 
                        within the past 2 years (or, if later, two 
                        years after the date the child attains 18 years 
                        of age) died or otherwise terminated the 
                        parent-child relationship,''.
                    (B) Conforming treatment of deceased spouses.--
                Section 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 
                U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is amended--
                            (i) by redesignating subitems (aaa) and 
                        (bbb) as subitems (bbb) and (ccc), 
                        respectively; and
                            (ii) by inserting before subitem (bbb), as 
                        so redesignated, the following:
                    ``(aaa) whose spouse died within the past 2 
                years;''.
            (3) Effective dates.--
                    (A) In general.--Subject to subparagraph (B), the 
                amendment made by paragraphs (1) and (2) shall take 
                effect on the date of the enactment of this Act.
                    (B) Transition in case of citizen parents who died 
                before enactment.--In applying the amendments made by 
                paragraphs (1) and (2)(A) in the case of an alien whose 
                citizen parent or lawful permanent resident parent died 
                or whose parent-child relationship with such parent 
                terminated during the period beginning on October 28, 
                1998, and ending on the date of the enactment of this 
                Act, the following rules apply:
                            (i) The reference to ``within the past 2 
                        years'' in section 204(a)(1)(A)(iv) or 
                        204(a)(1)(B)(iii), respectively, of the 
                        Immigration and Nationality Act in the matter 
                        inserted by such paragraph is deemed to be a 
                        reference to such period.
                            (ii) The petition must be filed under such 
                        section within 2 years after the date of the 
                        enactment of this Act (or, if later, 2 years 
                        after the alien's 18th birthday).
                            (iii) The determination of eligibility for 
                        benefits as a child under such section 
                        (including under section 204(a)(1)(D) of the 
                        Immigration and Nationality Act by reason of a 
                        petition authorized under such section) shall 
                        be determined as of the date of the death of 
                        the citizen parent or lawful permanent resident 
                        parent or the termination of the parent-child 
                        relationship.
    (b) Protecting Victims of Child Abuse From Aging Out.--
            (1) Clarification regarding continuation of immediate 
        relative status for children of citizens.--Section 
        204(a)(1)(D)(i)(I) of the Immigration and Nationality Act (8 
        U.S.C. 1154(a)(1)(D)(i)(I)) is amended--
                    (A) by striking ``clause (iv) of section 
                204(a)(1)(A)'' and inserting ``subparagraph (A)(iv)''; 
                and
                    (B) by striking ``a petitioner for preference 
                status under paragraph (1), (2), or (3) of section 
                203(a), whichever paragraph is applicable'' and 
                inserting ``to continue to be treated as an immediate 
                relative under section 101(b)(2)(A)(i), or a petitioner 
                for preference status under section 203(a)(3) if 
                subsequently married,''.
            (2) Clarification regarding application to children of 
        lawful permanent residents.--Section 204(a)(1)(D) of such Act 
        (8 U.S.C. 1154(a)(1)(D)) is amended----
                    (A) in clause (i)(I)--
                            (i) by inserting after the first sentence 
                        the following new sentence: ``Any child who 
                        attains 21 years of age who has filed a 
                        petition under subparagraph (B)(iii) that was 
                        filed or approved before the date on which the 
                        child attained 21 year of age shall be 
                        considered (if the child has not been admitted 
                        or approved for lawful permanent residence by 
                        the date the child attained 21 years of age) a 
                        petitioner for preference status under section 
                        203(a)(2), with the same priority date assigned 
                        to the self-petition filed under such 
                        subparagraph.''; and
                            (ii) in the last sentence, by inserting 
                        ``in either such case'' after ``shall be 
                        required to be filed'';
                    (B) in clause (i)(III), by striking ``paragraph 
                (1), (2), or (3) of section 203(a)'' and inserting 
                ``section 203(a)(2)''; and
                    (C) in clause (ii), by striking ``(A)(iii), 
                (A)(iv),''.
            (3) Clarification of treatment of derivative children.--
        Section 204(a)(1)(D) of such Act is further amended by striking 
        subclauses (III) and (IV) of clause (i) and by striking clause 
        (ii) and inserting the following:
    ``(ii) Subclauses (I) and (II) of clause (i) also shall apply to a 
derivative child under subparagraph (A)(ii) or (A)(iii), or under 
subparagraph (B)(ii) or (B)(iii), who attains 21 years of age in the 
same manner as such subclauses apply to a principal petitioner under 
subparagraph (A)(iv), or subparagraph (B)(iii), respectively.''.
            (4) Clarification regarding application of cspa protections 
        to children of citizens.--Section 201(f) of such Act (8 U.S.C. 
        1151(f)) is amended by adding at the end the following new 
        paragraph:
            ``(4) Application to certain vawa petitioners.--Paragraphs 
        (1) through (3) apply to a petitioner described in clause (iii) 
        or (iv) of section 204(a)(1)(A). ''.
            (5) Effective date.--The amendments made by this subsection 
        shall apply to applications filed before, on, or after the date 
        of the enactment of VAWA-2000, except that the amendment made 
        by paragraph (4) shall apply as if included in the enactment of 
        the Child Status Protection Act (Public Law 107-208).
    (c) Clarification of No Separate Adjustment Application for 
Derivative Children.--
            (1) In general.--Section 204(a)(1)(A) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by 
        adding at the end the following new clause:
    ``(vii) In the case of a petition under clause (ii), (iii), or (iv) 
that includes an individual as a derivative child of a principal alien, 
no adjustment application other than the adjustment application of the 
principal alien shall be required for adjustment of status of the 
individual under subsection (a) or (c) of section 245.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to applications filed before, on, or after such 
        date.
    (d)  Late Petition Permitted for Adults Abused as Children.--
            (1) In general.--Section 204(a)(1)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(a)(1)(D)), as amended by 
        subsection (b)(1), is amended by adding at the end the 
        following new clause:
    ``(v) In the case of an alien who qualified to petition under 
subparagraph (A)(iv) or (B)(iii) as of the date the individual attained 
21 years of age, the alien may file a petition under such respective 
subparagraph notwithstanding that the alien has attained such age or 
been married so long as the petition is filed before the date the 
individual attains 30 years of age. In the case of such a petition, the 
alien shall remain eligible for adjustment of status as a child 
notwithstanding that the alien has attained 21 years of age or has 
married, or both.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to individuals who attain 21 years of age on or 
        after the date of the enactment of VAWA-2000.

SEC. 1313. SELF-PETITIONING PARENTS.

    (a) In General.--Section 204(a)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding at the 
end the following new clause:
    ``(vii) An alien who--
            ``(I) is the parent of a citizen of the United States or 
        was a parent of a citizen of the United States who within the 
        past 2 years lost or renounced citizenship status related to 
        battering or extreme cruelty by the United States citizen son 
        or daughter or who within the past two years died ;
            ``(II) is a person of good moral character;
            ``(III) is eligible to be classified as an immediate 
        relative under section 201(b)(2)(A)(i); and
            ``(IV) resides, or has resided in the past, with the 
        citizen daughter or son;
may file a petition with the Secretary of Homeland Security under this 
subparagraph for classification of the alien under such section if the 
alien demonstrates that the alien has been battered by or has been the 
subject of extreme cruelty perpetrated by the alien's citizen son or 
daughter.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 1314. PROMOTING CONSISTENCY IN VAWA ADJUDICATIONS.

    (a) In General.--Section 204(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
            (1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), by striking 
        ``an incident of domestic violence'' and inserting ``battering 
        or extreme cruelty by the United States citizen spouse'';
            (2) in subparagraph (A)(iv), by striking ``an incident of 
        domestic violence'' and inserting ``battering or extreme 
        cruelty by such parent'';
            (3) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), by striking 
        ``due to an incident of domestic violence'' and inserting 
        ``related to battering or extreme cruelty by the lawful 
        permanent resident spouse''; and
            (4) in subparagraph (B)(iii), by striking ``due to an 
        incident of domestic violence'' and inserting ``related to 
        battering or extreme cruelty by such parent''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of VAWA-2000.

SEC. 1315. RELIEF FOR PRIMA FACIE VICTIMS PENDING ACTIONS ON PETITIONS 
              AND APPLICATIONS FOR RELIEF.

    (a) VAWA Petitioners and Applicants for U and T Nonimmigrant 
Classification.--
            (1) In general.-- Section 204(a)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1154(a)(1))is amended by adding at 
        the end the following new subparagraph::
    ``(K) In the case of an alien in the United States for whom a 
petition as a VAWA petitioner has been filed or for whom an application 
for nonimmigrant status (whether as a principal or derivative child) 
under subparagraph (T) or (U) of section 101(a)(15) has been filed--
            ``(i) if the petition or application is approved, the alien 
        shall not be removed, detained, or deported;
            ``(ii) if the petition or application sets forth a prima 
        facie case for approval, such a petition or application shall 
        be processed without regard to whether a proceeding to remove 
        or deport such alien is brought or pending; and
            ``(iii) if the petition or application is approved or sets 
        forth a prima facie case for approval, pending approval of an 
        application for adjustment of status, the alien is eligible for 
        work authorization and shall be provided an `employment 
        authorized' endorsement or other appropriate work permit, 
        except that the authorized period of work shall not exceed 180 
        days unless such petition or application has been approved.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to petitions and applications filed before, on, or 
        after such date.
    (b) Applicants for Cancellation of Removal or Suspension of 
Deportation.--
            (1) In general.--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 new subparagraph: :
                    ``(E) Relief while application pending.--In the 
                case of an alien who has applied for relief under this 
                paragraph and whose application sets forth a prima 
                facie case for such relief or who has filed an 
                application for relief under section 244(a)(3) (as in 
                effect on March 31, 1997) that sets forth a prima facie 
                case for such relief--
                            ``(i) the alien shall not be removed, 
                        detained, or deported unless the application is 
                        denied and all opportunities for appeal of the 
                        denial have been exhausted; and
                            ``(ii) such an application shall be 
                        processed without regard to whether a 
                        proceeding to remove or deport such alien is 
                        brought or pending.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to applications filed before, on, or after such 
        date.

SEC. 1316. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER OF ENTRY.

    (a) Fiancees.--
            (1) In general.--Section 214(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1184(d)) is amended by inserting 
        before the period at the end the following: ``, unless the 
        alien is not eligible under section 204(c) to have a petition 
        approved and is eligible for status as a VAWA petitioner, for 
        status as a nonimmigrant under subparagraph (T) or (U) of 
        section 101(a)(15)(T), or for relief under section 240A(b)(2) 
        or under section 244(a)(3) (as in effect on March 31, 1997)''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to aliens admitted before, on, or after such date.
    (b) Spouses Who Are Conditional Permanent Residents.--
            (1) In general.--Section 245(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1255(d)) is amended--
                    (A) by inserting ``(1)'' after ``(d)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) Paragraph (1) shall not apply to an alien who seeks 
adjustment of status on the basis of an approved petition for 
classification as a VAWA petitioner.''.
            (2) Conforming clarification in cancellation of removal.--
        Section 240A(b)(2)(A) of such Act (8 U.S.C. 1229b(b)(2)(A)) is 
        amended, in the matter before clause (i), by inserting ``, 
        regardless of whether the alien has been admitted for permanent 
        residence on a conditional basis under section 216,'' before 
        ``if the alien demonstrates''.
            (3) Suspension of deportation.--An alien may qualify for 
        relief under section 244(a)(3) of the Immigration and 
        Nationality Act (as in effect on March 31, 1997), regardless of 
        whether the alien has been admitted for permanent residence on 
        a conditional basis under section 216 of such Act.
            (4) Effective date.--The amendments made by this 
        subsection, and the provisions of paragraph (3), shall take 
        effect on the date of the enactment of this Act and shall apply 
        to applications for adjustment of status, for cancellation of 
        removal, or for suspension of deportation filed before, on, or 
        after such date.
    (c) Spouses and Children of Asylum Applicants Under Adjustment 
Provisions.--
            (1) In general.--Section 209(b)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1159(b)(3)) is amended--
                    (A) by inserting ``(A)'' after ``(3)''; and
                    (B) by adding at the end the following:
            ``(B) was the spouse of a refugee within the meaning of 
        section 101(a)(42)(A) at the time the asylum application was 
        granted and who was battered or was the subject of extreme 
        cruelty perpetrated by such refugee or whose child was battered 
        or subjected to extreme cruelty by such refugee (without the 
        active participation of such spouse in the battery or cruelty), 
        or
            ``(C) was the child of a refugee within the meaning of 
        section 101(a)(42)(A) at the time of the filing of the asylum 
        application and who was battered or was the subject of extreme 
        cruelty perpetrated by such refugee,''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act 
        and--
                    (A) section 209(b)(3)(B) of the Immigration and 
                Nationality Act, as added by paragraph (1)(B), shall 
                apply to asylum applications granted before, on, or 
                after such date; and
                    (B) section 209(b)(3)(C) of such Act, as so added, 
                shall apply with respect to asylum applications filed 
                before, on, or after such date.
    (d) Visa Waiver Entrants.--
            (1) In general.--Section 217(b)(2) of such Act (8 U.S.C. 
        1187(b)(2)) is amended by inserting after ``asylum,'' the 
        following: ``as a VAWA petitioner, or for relief under 
        subparagraph (T) or (U) of section 101(a)(15), under section 
        240A(b)(2), or under section 244(a)(3) (as in effect on March 
        31, 1997),''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to waivers provided under section 217(b)(2) of the 
        Immigration and Nationality Act before, on, or after such date 
        as if it had been included in such waivers.
    (e) Exception From Foreign Residence Requirement for Educational 
Visitors.--
            (1) In general.--Section 212(e) of such Act (8 U.S.C. 
        1182(e)) is amended, in the matter before the first proviso, by 
        inserting ``unless the alien is a VAWA petitioner or a 
        nonimmigrant under subparagraph (T) or (U) of section 
        101(a)(15)'' after ``following departure from the United 
        States''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to .

SEC. 1317. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS FOR 
              ADJUSTMENTS OF STATUS.

    (a) Application of Motions to Reopen for All VAWA Petitioners.--
Section 240(c)(6)(C)(iv) of the Immigration and Nationality Act (8 
U.S.C. 1230(c)(6)(C)(iv)) is amended --
            (1) in subclause (I), by striking ``under clause (iii) or 
        (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 
        204(a)(1)(B)'' and inserting ``as a VAWA petitioner''; and
            (2) in subclause (II), by inserting ``or adjustment of 
        status'' after ``cancellation of removal''.
    (b) Application of VAWA Deportation Protections for Transitional 
Relief to All VAWA Petitioners.--Section 1506(c)(2) of the Violence 
Against Women Act of 2000 (8 U.S.C. 1229a note) is amended--
            (1) in subparagraph (A)--
                    (A) by amending clause (i) to read as follows:
                            ``(i) if the basis of the motion is to 
                        apply for relief as a VAWA petitioner (as 
                        defined in section 101(a)(51) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(51)) or under section 244(a)(3) of such 
                        Act (8 U.S.C. 1254(a)(3)); and''; and
                    (B) in clause (ii), by inserting ``or adjustment of 
                status'' after ``suspension of deportation''; and
            (2) in subparagraph (B)(ii), by striking ``for relief'' and 
        all that follows through ``1101 note))'' and inserting ``for 
        relief described in subparagraph (A)(i)''.
    (c) Application of VAWA-Related Relief Under Section 202 of 
NACARA.--
            (1) In general.--Section 202(d)(1) of the Nicaraguan 
        Adjustment and Central American Relief Act (8 U.S.C. 1255 note; 
        Public Law 105-100) is amended--
                    (A) in subparagraph (B)(ii), by inserting ``, or 
                was eligible for adjustment,'' after ``whose status is 
                adjusted''; and
                    (B) in subparagraph (E), by inserting after ``April 
                1, 2000'' the following: ``, or, in the case of an 
                alien who qualifies under subparagraph (B)(ii), applies 
                for such adjustment during the 18-month period 
                beginning on the date of enactment of the Violence 
                Against Women Act of 2005'' .
            (2) Technical amendment.--Section 202(d)(3) of such Act (8 
        U.S.C. 1255 note; Public Law 105-100) is amended by striking 
        ``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
            (3) Effective date.--The amendment made by paragraph (2) 
        shall take effect as if included in the enactment of VAWA-2000.
    (d) Petitioning Rights of Certain Former Spouses Under Cuban 
Adjustment.--
            (1) In general.--The first section of Public Law 89-732 (8 
        U.S.C. 1255 note) is amended--
                    (A) in the last sentence, by striking 
                ``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''; and
                    (B) by adding at the end the following: ``An alien 
                who was the spouse of any Cuban alien described in this 
                section and has resided with such spouse shall continue 
                to be treated as such a spouse for 2 years after the 
                date on which the Cuban alien dies (or, if later, 2 
                years after the date of enactment of Violence Against 
                Women Act of 2005), or for 2 years after the date of 
                termination of the marriage (or, if later, 2 years 
                after the date of enactment of Violence Against Women 
                Act of 2005) if the alien demonstrates a connection 
                between the termination of the marriage and the 
                battering or extreme cruelty by the Cuban alien.''.
            (2) Effective date.--The amendment made by paragraph (1)(A) 
        shall take effect as if included in the enactment of VAWA-2000.
    (e) Self-Petitioning Rights of HRIFA Applicants.--
            (1) In general.--Section 902(d)(1)(B) of the Haitian 
        Refugee Immigration Fairness Act of 1998 (division A of section 
        101(h) of Public Law 105-277; 112 Stat. 2681-538; 8 U.S.C. 1255 
        note), as amended by section 1511(a) of VAWA-2000, is amended--
                    (A) in clause (i), by striking ``whose status is 
                adjusted to that of an alien lawfully admitted for 
                permanent residence'' and inserting ``who is or was 
                eligible for classification'';
                    (B) in clause (ii), by striking ``whose status is 
                adjusted to that of an alien lawfully admitted for 
                permanent residence'' and inserting ``who is or was 
                eligible for classification''; and
                    (C) in clause (iii), by striking ``204(a)(1)(H)'' 
                and inserting ``204(a)(1)(J)'' .
            (2) Effective date.--The amendments made by paragraph 
        (1)(C) shall take effect as if included in the enactment of 
        VAWA-2000.
    (f) Self-Petitioning Rights Under Section 203 of NACARA.--Section 
309 of the Illegal Immigration and Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1101 note), as 
amended by section 203(a) of the Nicaraguan Adjustment and Central 
American Relief Act (8 U.S.C. 1255 note; Public Law 105-100), is 
amended--
            (1) in subsection (c)(5)(C)(i)(VII)(aa), as amended by 
        section 1510(b) of VAWA-2000--
                    (A) by striking ``or'' at the end of subitem (BB);
                    (B) by striking ``and'' at the end of subitem (CC) 
                and inserting ``or''; and
                    (C) by adding at the end the following new subitem:
                                            ``(DD) at the time at which 
                                        the spouse or child files an 
                                        application for suspension of 
                                        deportation or cancellation of 
                                        removal; and''; and
            (2) in subsection (g)--
                    (A) by inserting ``(1)'' before 
                ``Notwithstanding'';
                    (B) by inserting ``subject to paragraph (2),'' 
                after ``section 101(a) of the Immigration and 
                Nationality Act)),''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) There shall be no limitation on a motion to reopen removal or 
deportation proceedings in the case of an alien who is described in 
subclause (VI) or (VII) of subsection (c)(5)(C)(i). Motions to reopen 
removal or deportation proceedings in the case of such an alien shall 
be handled under the procedures that apply to aliens seeking relief 
under section 204(a)(1)(A)(iii) of the Immigration and Nationality 
Act.''.
    (g) Effective Date.--Except as otherwise provided in this section, 
the amendments made by this section shall take effect on the date of 
the enactment of this Act.

SEC. 1318. PAROLE FOR FAMILY MEMBERS OF VICTIMS OF VAWA PETITIONERS.

    (a) In General.--Section 240A(b)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(4)) is amended--
            (1) in the heading, by inserting ``Battered aliens and'' 
        before ``Children of battered aliens'';
            (2) in subparagraph (A)--
                    (A) by striking ``or'' at the end of clause (i);
                    (B) by striking the period at the end of clause 
                (ii) and inserting ``; or''; and
                    (C) by adding at the end the following new clause:
                            ``(iii) a VAWA petitioner.''; and
            (3) in subparagraph (B)--
                    (A) in the first sentence, by inserting ``on a 
                year-by-year basis'' after ``shall extend''; and
                    (B) in the first sentence, by inserting ``or, in 
                the case of subparagraph (A)(iii), from the date of 
                approval of the applicable petition'' after ``1996)''.
    (b) Conforming Amendment.--Section 212(d)(5) of such Act (8 U.S.C. 
1182(d)(5)) is amended by adding at the end the following new 
subparagraph:
    ``(C) For provision providing for parole for certain battered 
aliens, children or battered aliens, and parents of battered alien 
children, see section 240A(b)(4).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 1319. EXEMPTION OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT 
              AND TRAFFICKING FROM SANCTIONS FOR FAILURE TO DEPART 
              VOLUNTARILY.

    (a) In General.--Section 240B(d) of the Immigration and Nationality 
Act (8 U.S.C. 1229c(d)) is amended--
            (1) by striking ``If'' and inserting ``(1) Subject to 
        paragraph (2), if''; and
            (2) by adding at the end the following new paragraph::
    ``(2) The ineligibility for relief under paragraph (1) shall not 
apply to an alien who is a VAWA petitioner, who is seeking status as a 
nonimmigrant under subparagraph (T) or (U) of section 101(a)(15), or 
who is an applicant for relief under section 240A(b)(2) or under 
section 244(a)(3) (as in effect on March 31, 1997).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply as if included in the enactment of the Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208) 
and shall apply to failures to depart voluntarily occurring before, on, 
or after the date of the enactment of this Act.

SEC. 1320. CLARIFICATION OF ACCESS TO NATURALIZATION FOR VICTIMS OF 
              DOMESTIC VIOLENCE.

    (a) In General.--Section 319(a) of the Immigration and Nationality 
Act (8 U.S.C. 1430(a)) is amended by inserting after ``extreme cruelty 
by a United States citizen spouse or parent'' the following: ``, 
regardless of whether the lawful permanent resident status was obtained 
on the basis of such battery or cruelty''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
applications for naturalization filed before, on, or after the date of 
the enactment of this Act.

SEC. 1321. CONSOLIDATING ADJUDICATION OF VAWA CASES IN VAWA UNIT.

    (a) In General.--Subtitle F of title IV of the Homeland Security 
Act of 2002 (Public Law 107-296) is amended by adding at the end the 
following new section:

``SEC. 479. CONSOLIDATED ADJUDICATION OF VAWA CASES IN VAWA UNIT.

    ``(a) Sole Jurisdiction.--The Secretary of Homeland Security shall 
designate the VAWA unit as the administrative unit within the 
Department of Homeland Security with sole jurisdiction over the 
adjudication of the following:
            ``(1) Applications and petitions of VAWA petitioners 
        described in section 101(a)(51) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(51)).
            ``(2) Applications for nonimmigrant status under 
        subparagraph (T) or (U) of section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).
            ``(3) Applications seeking relief under paragraph (2) or 
        (4) of section 240A(b) of the Immigration and Nationality Act 
        (8 U.S.C. 122b(b)).
            ``(4) Applications for adjustment of status by VAWA 
        petitioners who are described in subparagraph (A) or (B) of 
        section 101(a)(51) of such Act.
            ``(5) Applications for employment authorization under 
        section 214(c)(11).
    ``(b) Additional Jurisdiction.--The VAWA unit may have jurisdiction 
over such other matters as the Secretary may specify.
    ``(c) VAWA Unit Defined.--For purposes of this section, the term 
`VAWA unit' means the administrative unit within the Department of 
Homeland Security that has responsibility as of May 1, 2005, for 
petitions under subparagraphs (A)(iii), (A)(iv), (B)(ii), and (B)(iii) 
of section 204(a)(1) of the Immigration and Nationality Act and for 
applications for nonimmigrant status under subparagraphs (T) and (U) of 
section 101(a)(15) of such Act.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 478 
the following new item:

``Sec. 479. Consolidated adjudication of VAWA cases in VAWA unit.''.
    (c) Effective Date.--The amendment made by paragraph (1) shall 
apply to applications and petitions filed on or after the date that is 
180 days after the date of the enactment of this Act and, to the extent 
feasible, to applications and petitions filed before such date.

SEC. 1322. PROHIBITION OF ADVERSE DETERMINATIONS OF ADMISSIBILITY OR 
              DEPORTABILITY BASED ON PROTECTED INFORMATION.

    (a) Application to Additional Departments and Other Battered 
Aliens.--Section 384 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
1367) is amended--
            (1) in subsection (a), as amended by section 1513(d) of 
        VAWA-2000--
                    (A) in the matter before paragraph (1), by striking 
                ``(including any bureau or agency of such Department)'' 
                and inserting ``, or the Secretary of Homeland 
                Security, the Secretary of State, the Secretary of 
                Health and Human Services, or the Secretary of Labor or 
                any other official or employee of the Department of 
                Homeland Security, the Department of State, the 
                Department of Health and Human Services, or the 
                Department of Labor (including any bureau or agency of 
                any such Department)'';
                    (B) in paragraph (1)--
                            (i) in the matter before subparagraph (A), 
                        by striking ``furnished solely by'' and 
                        inserting ``furnished by or derived from 
                        information provided solely by'';
                            (ii) by striking ``or'' at the end of 
                        subparagraph (D);
                            (iii) by adding ``or'' at the end of 
                        subparagraph (E); and
                            (iv) by inserting after subparagraph (E) 
                        the following new subparagraph:
                    ``(F) in the case of an alien applying for 
                continued presence as a victim of trafficking under 
                section 107(b)(1)(E)(i)(II)(bb) of the Trafficking 
                Protection Act of 2000 or status under section 
                101(a)(15)(T) of the Immigration and Nationality Act, 
                the trafficker or perpetrator,''; and
                    (C) in paragraph (2)--
                            (i) by striking ``of the Department,'' and 
                        inserting ``of any such Department,'';
                            (ii) by striking ``under clause (iii) or 
                        (iv) of section 204(a)(1)(A), clause (ii) or 
                        (iii) of section 204(a)(1)(B)'' and inserting 
                        ``as a VAWA petitioner (as defined in section 
                        101(a)(51) of the Immigration and Nationality 
                        Act), or under''; and
                            (iii) by striking ``or section 240A(a)(3) 
                        of such Act as an alien (or the part of a 
                        child) who has been battered or subjected to 
                        extreme cruelty.'' and inserting the following: 
                        ``, section 101(a)(15)(T), or section 
                        240A(b)(2) of such Act, or section 244(a)(3) of 
                        such Act (as in effect on March 31, 1997), or 
                        for continued presence as a victim of 
                        trafficking under section 
                        107(b)(1)(E)(i)(II)(bb) of the Trafficking 
                        Protection Act of 2000, or any derivative of 
                        the alien;''; and
                    (D) by inserting after paragraph (2) the following:
            ``(3) undertake any part of an enforcement action--
                    ``(A) at a domestic violence shelter, a victims 
                services organization or program (as described in 
                section 2003(8) of the Omnibus Crime Control and Safe 
                Streets Act of 1968), a rape crisis center, a family 
                justice center, or a supervised visitation center; or
                    ``(B) against an alien at a courthouse (or in 
                connection with the appearance of the alien at a 
                courthouse) if the alien is appearing in connection 
                with a protection order case, child custody case, or 
                other civil or criminal case relating to domestic 
                violence, sexual assault, trafficking, or stalking in 
                which the alien has been battered or subject to extreme 
                cruelty or if the alien is described in subparagraph 
                (T) or (U) of section 101(a)(15) of the Immigration and 
                Nationality Act; or
            ``(4) in the case of an alien described in section 
        101(a)(27)(J) of the Immigration and Nationality Act who has 
        been abused, neglected, or abandoned, contact the alleged 
        abuser (or family member of the alleged abuser) at any stage of 
        applying for special immigrant juvenile status, including after 
        a request for the consent of the Secretary of Homeland Security 
        under clause (iii)(I) of such section.''; and
            (2) in subsection (b)--
                    (A) in paragraphs (1), by striking ``may provide, 
                in the Attorney General's discretion'' and inserting 
                ``, Secretary of Homeland Security, Secretary of State, 
                Secretary of Health and Human Services, and Secretary 
                of Labor may provide'';
                    (B) in paragraph (2), by striking ``may provide in 
                the discretion of the Attorney General'' and inserting 
                ``, Secretary of Homeland Security, Secretary of State, 
                Secretary of Health and Human Services, and the 
                Secretary of Labor may provide''; and
                    (C) in paragraph (5), by striking ``is authorized 
                to disclose'' and inserting ``, Secretary of Homeland 
                Security, Secretary of State, Secretary of Health and 
                Human Services, and Secretary of Labor, or Attorney 
                General may disclose''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
violations or disclosures made on or after such date.

                  Subtitle C--Miscellaneous Provisions

SEC. 1331. REMOVING 2 YEAR CUSTODY AND RESIDENCY REQUIREMENT FOR 
              BATTERED ADOPTED CHILDREN.

    (a) In General.--Section 101(b)(1)(E)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1101(b)(1)(E)(i)) is amended by inserting 
after ``at least two years'' the following: ``or if the child has been 
battered or subject to extreme cruelty by the adopting parent or by a 
family member of the adopting parent residing in the same household''.
    (b) Conforming Naturalization Amendment.--Section 320(a)(3) of such 
Act (8 U.S.C. 1431(a)(3)) is amended by inserting before the period at 
the end the following: ``or the child is residing in the United States 
pursuant to a lawful admission for permanent residence and has been 
battered or subject to extreme cruelty by the citizen parent or by a 
family member of the citizen parent residing in the same household ''
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications pending or filed on or after such date.

SEC. 1332. GROUNDS OF INADMISSIBILITY; GOOD MORAL CHARACTER; AND 
              FOREIGN RESIDENCY REQUIREMENTS.

    (a) Waiver of Unlawful Presence.--Paragraph (9)(B)(iii)(IV) of 
section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)) is amended by striking ``who would be described in paragraph 
(6)(A)(ii)'' and all that follows and by inserting ``who demonstrates 
that the alien is described in subclauses (I) and (II) of paragraph 
(6)(A)(ii).''.
    (b) Waiver of False Claim of U.S. Citizenship.--
            (1) In general.--Section 212(i)(1) of such Act (8 U.S.C. 
        1182(i)(1)) is amended by inserting ``(and, in the case of a 
        VAWA petitioner who demonstrates a connection between the false 
        claim of United States citizenship and the petitioner being 
        subjected to extreme cruelty or physical or mental abuse, 
        clause (ii))'' after ``clause (i)''.
            (2) Conforming reference.--Section 212(a)(6)(C)(iii) of 
        such Act (8 U.S.C. 1182(a)(6)(C)(iii)) is amended by striking 
        ``clause (i)''and inserting ``clauses (i) and (ii)''.
    (c) Exemption From Public Charge Ground.--
            (1) In general.--Section 212(a)(4) of such Act (8 U.S.C. 
        1182(a)(4)) is amended by adding at the end the following new 
        subparagraph:
                    ``(E) Special rule for battered aliens.--
                Subparagraphs (A) through (C) shall not apply to an 
                alien who is a VAWA petitioner or is a qualified alien 
                described in section 431(c) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996.''.
            (2) Conforming amendment.--Section 212(a)(4)(C)(i) of such 
        Act (8 U.S.C. 1182(a)(4)(C)(i)) is amended to read as follows:
                            ``(i) the alien is described in 
                        subparagraph (E); or''.
    (d) Effective Date.--Except as provided in this section, the 
amendments made by this section shall take effect on the date of the 
enactment of this Act and shall apply regardless of whether the 
conviction was entered, crime, or disqualifying event occurred before, 
on, or after such date.

SEC. 1333. TREATMENT OF GOOD MORAL CHARACTER.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)) is amended----
            (1) in subparagraphs (F) and (G), by striking ``at least 
        one year'' and inserting ``is more than one year'';
            (2) in subparagraph (J), by striking ``one year 
        imprisonment or more'' by inserting ``imprisonment of more than 
        one year'';
            (3) in subparagraph (P), by striking ``at least 12 months'' 
        and inserting ``more than one year''; and
            (4) in subparagraphs (R) and (S), by striking ``at least 
        one year'' and inserting ``more than one year''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
all convictions entered (and criminal acts occurring) before, on, or 
after the date of the enactment of this Act.

SEC. 1334. EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF H-1B VISA 
              HOLDERS.

    (a) In General.--Section 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)) is amended by adding at the end the following 
new paragraph:
    ``(11) In the case of an alien spouse admitted under section 
101(a)(15)(H) who is accompanying or following to join a principal 
alien admitted under section 101(a)(15)(H)(i)(B), the Secretary of 
Homeland Security shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
`employment authorized' endorsement or other appropriate work permit if 
the alien spouse demonstrates that during the marriage the alien spouse 
or a child of the alien spouse has been battered or has been the 
subject to extreme cruelty perpetrated by the spouse of the alien 
spouse.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
aliens who obtained the status of an alien spouse admitted under 
section 101(a)(15)(H) of the Immigration and Nationality Act before, 
on, or after such date.

SEC. 1335. GROUNDS FOR HARDSHIP WAIVER FOR CONDITIONAL PERMANENT 
              RESIDENCE FOR INTENDED SPOUSES.

    (a) In General.--Section 216(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``, or''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) the alien meets the requirements under 
                section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the 
                marriage ceremony has been battered by or was subject 
                to extreme cruelty perpetrated by his or her intended 
                spouse and was not at fault in failing to meet the 
                requirements of paragraph (1).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply as if included in the enactment of VAWA-2000.

SEC. 1336. CANCELLATION OF REMOVAL AND SUSPENSION OF DEPORTATION.

    (a) Clarifying Application of Domestic Violence Waiver Authority in 
Cancellation of Removal.--
            (1) In general.--Section 240A(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1229b(b)) is amended--
                    (A) in paragraph (1)(C), by striking ``(except in a 
                case described in section 237(a)(7) where the Attorney 
                General exercises discretion to grant a waiver)'' and 
                inserting ``, subject to paragraph (5)'';
                    (B) in paragraph (2)(A), by amending clause (iv) to 
                read as follows:
                            ``(iv) subject to paragraph (5), the alien 
                        is not inadmissible under section 212(a)(2) or 
                        removable under section 237(a)(2) or 237(a)(3); 
                        and ''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) Application of domestic violence waiver authority.--
        Paragraphs (1)(C) and (2)(A)(iv) shall not apply with respect 
        to an offense described in clause (i) or (ii) of section 
        237(a)(2)(E) in the case described in section 237(a)(7)(A).''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply as if included in the enactment of section 1504(a) 
        of VAWA-2000.
    (b) Clarifying Nonapplication of Cancellation Cap.--
            (1) In general.--Section 240A(e)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1229b(e)(3)) is amended by adding at 
        the end the following new subparagraph:
                    ``(C) Aliens with respect to their cancellation of 
                removal under subsection (b)(2).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to cancellations of removal occurring on or after 
        October 1, 2004.

SEC. 1337. MOTIONS TO REOPEN.

    (a) Removal Proceedings.--
            (1) In general.--Section 240(c)(6) of the Immigration and 
        Nationality Act (8 U.S.C. 1230(c)(6)) is amended--
                    (A) in subparagraph (A), by inserting ``, except 
                that this limitation shall not apply so as to prevent 
                the filing of one motion to reopen described in clause 
                (iv)'' before the period at the end;
                    (B) in subparagraph (C)(iv), in the matter before 
                subclause (I), by striking ``The deadline specified in 
                subsection (b)(5)(C) for filing a motion to reopen does 
                not apply'' and inserting ``Any limitation under this 
                section on the deadlines for filing such motions shall 
                not apply''; and
                    (C) in subparagraph (C)(iv), by adding after and 
                below subclause (III) the following new sentence:
                        ``The filing of a motion to reopen under this 
                        clause shall stay the removal of the alien 
                        pending final disposition of the motion 
                        including exhaustion of all appeals.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act.
    (b) Deportation Proceedings.--
            (1) In general.--Section 1506(c)(2)(A) of VAWA-2000 is 
        amended--
                    (A) in the matter before clause (i), by striking 
                ``Notwithstanding any limitation imposed by law on 
                motions'' inserting ``Notwithstanding any limitation on 
                the number of motions, or the deadlines for filing 
                motions (including the deadline specified in section 
                242B(c)(3) of the Immigration and Nationality Act 
                before the title III-A effective date),'';
                    (B) in the matter before clause (i), by striking 
                ``there is no time limit on the filing of a motion'' 
                and all that follows through ``does not apply'' and 
                inserting ``such limitations shall not apply to the 
                filing of a single motion under this subparagraph to 
                reopen such proceedings''; and
                    (C) by adding at the end the following:
                ``The filing of a motion under this subparagraph shall 
                stay the removal of the alien pending a final 
                disposition of the motion including the exhaustion of 
                all appeals.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act .

SEC. 1338. REMOVAL PROCEEDINGS.

    (a) Exception to Reinstatement of Removal.--
            (1) In general.--Section 241(a)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1251(a)(5)) is amended by adding at 
        the end the following: ``The provisions of this paragraph shall 
        not apply to an alien who, before reinstatement of the removal 
        order, sought relief as a VAWA petitioner, applied for status 
        as a nonimmigrant under subparagraph (T) or (U) of section 
        101(a)(15), or applied for relief under section 240A(b)(2)or 
        section 244(a)(3) (as in effect on March 31, 1997).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act.
    (b) Treatment of Battery or Extreme Cruelty as Exceptional 
Circumstances.--
            (1) In general.--Section 240(e)(1) of such Act (8 U.S.C. 
        1230(e)(1)) is amended by inserting ``battery or extreme 
        cruelty of the alien or any child or parent of the alien or'' 
        after ``exceptional circumstances (such as''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to a failure to appear that occurs before, on, or 
        after such date.

SEC. 1339. CONFORMING RELIEF IN SUSPENSION OF DEPORTATION PARALLEL TO 
              THE RELIEF AVAILABLE IN VAWA-2000 CANCELLATION FOR 
              BIGAMY.

     Section 244(a)(3) of the Immigration and Nationality Act (as in 
effect before the title III-A effective date in section 309 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996) 
shall be applied as if ``or by a United States citizen or lawful 
permanent resident whom the alien intended to marry, but whose marriage 
is not legitimate because of that United States citizen's or permanent 
resident's bigamy'' were inserted after ``by a spouse or parent who is 
a United States citizen or lawful permanent resident''.

SEC. 1340. CORRECTION OF CROSS-REFERENCE TO CREDIBLE EVIDENCE 
              PROVISIONS.

    (a) Cuban Adjustment Provision.--The last sentence of the first 
section of Public Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note), as 
amended by section 1509(a) of VAWA-2000, is amended by striking 
``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
    (b) NACARA.--Section 202(d)(3) of the Nicaraguan Adjustment and 
Central American Relief Act (8 U.S.C. 1255 note; Public Law 105-100), 
as amended by section 1510(a)(2) of VAWA-2000, is amended by striking 
``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
    (c) IIARAIRA.--Section 309(c)(5)(C)(iii) of the Illegal Immigration 
and Reform and Immigrant Responsibility Act of 1996 (division C of 
Public Law 104-208; 8 U.S.C. 1101 note), as amended by section 
1510(b)(2) of VAWA-2000, is amended by striking ``204(a)(1)(H)'' and 
inserting ``204(a)(1)(J)''.
    (d) HRIFA.--Section 902(d)(1)(B)(iii) of the Haitian Refugee 
Immigration Fairness Act of 1998 (division A of section 101(h) of 
Public Law 105-277; 112 Stat. 2681-538), as amended by section 1511(a) 
of VAWA-2000, is amended by striking ``204(a)(1)(H)'' and inserting 
``204(a)(1)(J)''.
    (e) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of VAWA-2000.

SEC. 1341. TECHNICAL CORRECTIONS.

    (a) Technical Corrections to References in Application of Special 
Physical Presence and Good Moral Character Rules.--
            (1) Physical presence rules.--Section 240A(b)(2)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(B)) is 
        amended--
                    (A) in the first sentence, by striking 
                ``(A)(i)(II)'' and inserting ``(A)(ii)''; and
                    (B) in the fourth sentence, by striking ``section 
                240A(b)(2)(B)'' and inserting ``this subparagraph, 
                subparagraph (A)(ii),''.
            (2) Moral character rules.--Section 240A(b)(2)(C) of such 
        Act (8 U.S.C. 1229b(b)(2)(C)) is amended by striking 
        ``(A)(i)(III)'' and inserting ``(A)(iii)''.
            (3) Effective date.--The amendments made by this subsection 
        shall be effective as if included in the enactment of section 
        1504(a) of VAWA (114 Stat. 1522).
    (b) Correction of Cross-Reference Error in Applying Good Moral 
Character.--
            (1) In general.--Section 101(f)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(f)(3)) is amended by striking 
        ``(9)(A)'' and inserting ``(10)(A)''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall be effective as if included in the enactment of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (Public Law 104-208).
    (c) Punctuation Correction.--Effective as if included in the 
enactment of section 5(c)(2) of VAWA-2000, section 237(a)(1)(H)(ii) of 
such Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking the period 
at the end and inserting ``; or''.
    (d) Correction of Designation and Indentation.--The last sentence 
of section 212(a)(9)(C)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(9)(C)(ii)), as added by section 1505(a) of VAWA-2000, is 
amended--
            (1) by striking ``section 212(a)(9)(C)(i)'' and inserting 
        ``clause (i)'';
            (2) by redesignating paragraphs (1) and (2), and 
        subparagraphs (A) through (D) of paragraph (2), as subclauses 
        (I) and (II), and items (aa) through (dd) of subclause (II), 
        respectively; and
            (3) by moving the margins of each of such paragraphs and 
        subparagraphs 6 ems to the right.
    (e) Additional Technical Correction.--Section 245(l)(2)(B) of such 
Act (8 U.S.C. 1255(l)(2)(B)) is amended by striking ``(10(E))'' and 
inserting ``(10)(E))''.

       Subtitle D--Ensuring Crime Victim Access to Legal Services

SEC. 1351. ENSURING CRIME VICTIM ACCESS TO LEGAL SERVICES.

    (a) In General.--Section 502 of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1998 (Public Law 105-119; 111 Stat. 2510) is amended--
            (1) by amending subparagraph (C) of subsection (a) to read 
        as follows:
                    ``(C) subsection (a)(11) of such section 504 shall 
                not be construed to prohibit a recipient from using 
                Corporation funds and funds derived from a source other 
                than the Corporation to provide legal assistance to--
                            ``(i) an alien who has been battered or 
                        subjected to extreme cruelty or who has been a 
                        victim of sexual assault or a victim of 
                        trafficking in the United States;
                            ``(ii) an alien whose child has been 
                        battered or subjected to extreme cruelty or has 
                        been a victim of sexual assault or a victim of 
                        trafficking in the United States, if the alien 
                        has not actively participated in the battery, 
                        extreme cruelty, sexual assault, or 
                        trafficking; or
                            ``(iii) an alien who qualifies (or whose 
                        child qualifies) for status under section 
                        101(a)(15)(U) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(15)(U)) .''; 
                        and
            (2) by striking paragraph (2) of subsection (b) and 
        inserting the following:
            ``(2) The term `victim of trafficking' has the meaning 
        given such term in section 103(14) of the Trafficking Victims 
        Protection Act of 2000 (Public Law 106-286; 22 U.S.C. 
        7102(14)). ''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to expenditures made on or after the date of the enactment of 
this Act with respect to appropriations made for fiscal years beginning 
before, on, or after such date.
    (c) Construction.--Nothing in the amendments made by subsection (a) 
shall be construed to restrict the legal assistance provided to victims 
of severe forms of trafficking and certain family members allowed under 
section 107(b)(1) of the Trafficking Victims Protection Act of 2000 
(Public Law 106-286; 22 U.S.C. 7105(b)(1)).

Subtitle E--Eligibility for Certain Public Benefits of Aliens Suffering 
                          From Domestic Abuse

SEC. 1361. ELIGIBILITY FOR CERTAIN PUBLIC BENEFITS OF ALIENS SUFFERING 
              FROM DOMESTIC ABUSE.

    (a) Exemption From SSI and Food Stamps Ban.--Section 402(a)(2) of 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end the 
following new subparagraph:
                    ``(M) Battered and crime victim aliens.--With 
                respect to eligibility for benefits for a specified 
                Federal program (as defined in paragraph (3)), 
                paragraph (1) shall not apply to an alien who--
                            ``(i) is described in section 431(c);
                            ``(ii) is described in section 431(b) and 
                        also is described in section 431(c), other than 
                        paragraphs (1)(B), (2)(B), and (3)(B) of such 
                        section; or
                            ``(iii) is described in a clause (i) or 
                        (ii) and was lawfully admitted as a permanent 
                        resident.''.
    (b) Exemption From TANF, Social Services Block Grant, and Medicaid 
Ban.--Section 402(b)(2) of such Act (8 U.S.C. 1612(b)(2)) is amended by 
inserting after subparagraph (F) the following new subparagraph:
                    ``(G) Battered and crime victim aliens.--An alien 
                who--
                            ``(i) is described in section 431(c);
                            ``(ii) is described in section 431(b) and 
                        also is described in section 431(c), other than 
                        paragraphs (1)(B), (2)(B), and (3)(B) of such 
                        section; or
                            ``(iii) is described in clause (i) or (ii) 
                        and was lawfully admitted as a permanent 
                        resident.''.
    (c) Exemption From 5-Year Ban for Federal Means-Tested Public 
Benefits.--Section 403(b) of such Act (8 U.S.C. 1613(b)) is amended by 
adding at the end the following new paragraph:
            ``(3) Battered and crime victim aliens.--An alien who--
                    ``(A) is described in section 431(c);
                    ``(B) is described in section 431(b) and also is 
                described in section 431(c), other than paragraphs 
                (1)(B), (2)(B), and (3)(B) of such section; or
                    ``(C) is described in subparagraph (A) or (B) and 
                was lawfully admitted as a permanent resident.''.
    (d) Status as Qualified Alien for VAWA Petitioners and Nonimmigrant 
``U'' and ``T'' Visa Applicants and Visa Holders.--Section 431(c) of 
such Act (8 U.S.C. 1641(b)) is amended--
            (1) in paragraph (1)(B)--
                    (A) in clause (i), by striking ``or a child'' and 
                inserting ``, child, or parent'' and by striking ``or 
                (iv)'' and inserting ``(iv), or (vii)'';
                    (B) in clause (ii), by striking ``(as in effect 
                prior to April 1, 1997)'';
                    (C) in clause (iii), by striking the period at the 
                end and inserting a comma;
                    (D) in clause (iv), by striking the semicolon at 
                the end and inserting a comma;
                    (E) in clause (v), by striking the semicolon at the 
                end and inserting ``, or''; and
                    (F) by adding at the end the following new clause:
                            ``(vi) status as a VAWA petitioner (as 
                        defined in section 101(a)(51) of such Act), 
                        other than such a petitioner described in 
                        clause (i) or (ii);'';
            (2) by striking ``or'' at the end of paragraph (2)(B);
            (3) by striking the period at the end of paragraph (3)(B) 
        and inserting ``; or''; and
            (4) by inserting after paragraph (3)(B) the following new 
        paragraph:
            ``(4) an alien who has applied for and not been denied 
        status as a nonimmigrant under clause (i) or (ii) of 
        subparagraph (T), or clause (i) or (ii) of subparagraph (U), of 
        section 101(a)(15) of the Immigration and Nationality Act''.
    (e) Conforming Definition of ``Family'' Used in Laws Granting 
Federal Public Benefit Access for Battered Aliens to State Family 
Law.--
            (1) In general.--Section 431(c) of such Act (8 U.S.C. 
        1641(c)) is amended--
                    (A) in paragraph (1)(A), by striking ``by a spouse 
                or a parent, or by a member of the spouse or parent's 
                family residing in the same household as the alien and 
                the spouse or parent consented to, or acquiesced in, 
                such battery or cruelty'' and inserting ``by a spouse, 
                parent, son, or daughter, or by any individual having a 
                relationship with the alien covered by the civil or 
                criminal domestic violence statutes of the State or 
                Indian country where the alien resides, or the State or 
                Indian country in which the alien, the alien's child, 
                or the alien child's parents received a protection 
                order, or by any individual against whom the alien 
                could obtain a protection order,'';
                    (B) in paragraph (2)(A), by striking ``by a spouse 
                or parent of the alien (without the active 
                participation of the alien in the battery or cruelty), 
                by a member of the spouse or parent's family residing 
                in the same household as the alien and the spouse or 
                parent consented or acquiesced to such battery or 
                cruelty,'' and inserting ``by a spouse, parent, son, or 
                daughter of the alien (without the active participation 
                of the alien in such battery) or by any individual 
                having a relationship with the alien covered by the 
                civil or criminal domestic violence statutes of the 
                State or Indian country where the alien resides, or the 
                State or Indian country in which the alien, the alien's 
                child, or the alien child's parents received a 
                protection order, or by any individual against whom the 
                alien could obtain a protection order,''; and
                    (C) in paragraph (3)(A), by striking ``by a spouse 
                or parent, or by a member of the spouse or parent's 
                family residing in the same household as the alien and 
                the spouse or parent consented or acquiesced to such 
                battery or cruelty,'' and inserting ``by a spouse, 
                parent, son, or daughter, or by any individual having a 
                relationship with the alien covered by the civil or 
                criminal domestic violence statutes of the State or 
                Indian country where the alien resides, or the State or 
                Indian country in which the alien, the alien's child, 
                or the alien child's parents received a protection 
                order, or by any individual against whom the alien 
                could obtain a protection order,''.
            (2) Federal attribution of sponsor's income and 
        resources.--Section 421(f)(1)(A) of such Act (8 U.S.C. 
        1631(f)(1)(A)) is amended--
                    (A) in clause (i), by striking ``by a spouse or 
                parent, or by a member of the spouse or parent's family 
                residing in the same household as the alien and the 
                spouse or parent consented or acquiesced to such 
                battery or cruelty,'' and inserting ``by a spouse, 
                parent, son, or daughter, or by any individual having a 
                relationship with the alien covered by the civil or 
                criminal domestic violence statutes of the State or 
                Indian country where the alien resides, or the State or 
                Indian country in which the alien, the alien's child, 
                or the alien child's parents received a protection 
                order, or by any individual against whom the alien 
                could obtain a protection order,'';
                    (B) in clause (ii), by striking ``by a spouse or 
                parent of the alien (without the active participation 
                of the alien in the battery or cruelty), or by a member 
                of the spouse or parent's family residing in the same 
                household as the alien and the spouse or parent 
                consented or acquiesced to such battery or cruelty,'' 
                and inserting ``by a spouse, parent, son, or daughter 
                of the alien (without the active participation of the 
                alien in the battery or cruelty) or by any individual 
                having a relationship with the alien covered by the 
                civil or criminal domestic violence statutes of the 
                State or Indian country where the alien resides, or the 
                State or Indian country in which the alien, the alien's 
                child, or the alien child's parents received a 
                protection order, or by any individual against whom the 
                alien could obtain a protection order,'';
                    (C) by striking ``or'' before ``(iii) the alien''; 
                and
                    (D) by inserting ``, or (iv) the alien is described 
                in section 431(c)(4)'' before ``and the battery or 
                cruelty''.
    (f) Elimination of Sponsor Liability and Responsibility or 
Reimbursement With Respect to Benefits Provided to Battered Aliens.--
Section 423(d) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 is amended by adding after paragraph (11) 
the following new paragraph:
            ``(12) Benefits provided to an alien who--
                    ``(A) is described in section 431(c); or
                    ``(B) is described in section 431(b) and also is 
                described in section 431(c), other than paragraphs 
                (1)(B), (2)(B), and (3)(B) of such section.''.
    (g) Conforming Amendment Confirming IIRAIRA's Grant of Public and 
Assisted Housing to All Qualified Aliens, Including Battered 
Immigrants.--Section 214 of the Housing and Community Development Act 
of 1980 (42 U.S.C. 1436a) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (6), by striking ``or'' at the 
                end;
                    (B) by redesignating paragraph (7) as paragraph 
                (8); and
                    (C) by inserting after paragraph (6) the following:
            ``(7) a qualified alien described in section 431 of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (8 U.S.C. 1641), or''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)(A), by striking ``(6)'' and 
                inserting ``(7)''; and
                    (B) in paragraph (2)(A), in the matter preceding 
                clause (i), by inserting ``(other than a qualified 
                alien described in 431 of the Personal Responsibility 
                and Work Opportunity Reconciliation Act of 1996 (8 
                U.S.C. 1641)'' after ``any alien''.
    (h) Implementation.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, Secretary of 
Agriculture, the Secretary of Health and Human Services, and the 
Secretary of Housing and Urban Development shall promulgate regulations 
for its officials to implement this section.
    (i) Effective Date.--The amendments made by this section apply to 
applications for public benefits and public benefits provided on or 
after the date of the enactment of this Act.

              Subtitle F--Law Enforcement Training Grants

SEC. 1381. GRANTS FOR LAW ENFORCEMENT TRAINING PROGRAMS TO IDENTIFY AND 
              PROTECT VICTIMS OF TRAFFICKING.

    (a) Definitions.--In this section:
            (1) Act of trafficking.--The term ``act of trafficking'' 
        means an act or practice described in paragraph (8) or (9) of 
        section 103 of the Trafficking Victims Protection Act of 2000 
        (22 U.S.C. 7102).
            (2) Eligible entity.--The term ``eligible entity'' means a 
        State or a local government.
            (3) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, Guam, the United States Virgin Islands, the 
        Commonwealth of the Northern Mariana Islands, American Samoa, 
        and any other territory or possession of the United States.
            (4) Victim of trafficking.--The term ``victim of 
        trafficking'' means an individual subjected to an act of 
        trafficking.
    (b) Grants Authorized.--The Attorney General may award grants to 
eligible entities to provide training to State and local law 
enforcement personnel to identify and protect victims of trafficking.
    (c) Use of Funds.--A grant awarded under this section shall be used 
for any one or more of the following:
            (1) To train law enforcement personnel to identify and 
        protect victims of trafficking, including training such 
        personnel to utilize Federal, State, or local resources to 
        assist victims of trafficking.
            (2) To train law enforcement or State or local prosecutors 
        to identify, investigate, or prosecute acts of trafficking.
            (3) To train law enforcement or State or local prosecutors 
        to utilize laws that prohibit acts of trafficking.
            (4) To assist in the development of State and local laws to 
        prohibit acts of trafficking.
    (d) Restrictions.--
            (1) Supplement not supplant.--A grant awarded under this 
        section shall be used to supplement and not supplant other 
        Federal, State, and local public funds available to carry out 
        the training described in subsection (c).
            (2) Administrative expenses.--An eligible entity that 
        receives a grant under this section may use not more than 5 
        percent of the total amount of such grant for administrative 
        expenses.
            (3) Nonexclusivity.--Nothing in this section may be 
        construed to restrict the ability of an eligible entity to 
        apply for or obtain funding from any other source to carry out 
        the training described in subsection (c).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to 
carry out this section.
                                 <all>