[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3188 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3188
To amend the Immigration and Nationality Act to provide protection for
immigrant victims of violence.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2005
Ms. Schakowsky (for herself, Mr. Conyers, Ms. Jackson-Lee of Texas, Ms.
Zoe Lofgren of California, Mrs. Napolitano, Mr. Gutierrez, Ms. Solis,
Mrs. Capps, Mr. Filner, Mr. Honda, Mr. Hinojosa, Mr. Lantos, Mr. Kind,
Mr. Moore of Kansas, Ms. Roybal-Allard, Ms. Slaughter, Mrs. Maloney,
Ms. Moore of Wisconsin, Mr. Waxman, Mr. Berman, Ms. DeLauro, Ms. Eddie
Bernice Johnson of Texas, Ms. McCollum of Minnesota, Ms. Lee, Ms.
Watson, Ms. Linda T. Sanchez of California, Ms. Bordallo, Mr.
Abercrombie, Mr. Ackerman, Mr. Baca, Ms. Baldwin, Ms. Berkley, Mr.
Blumenauer, Mr. Brown of Ohio, Mr. Davis of Illinois, Ms. Carson, Mrs.
Christensen, Mr. Crowley, Ms. DeGette, Mr. Doggett, Ms. Eshoo, Mr.
Farr, Mr. Frank of Massachusetts, Mr. Gonzalez, Mr. Al Green of Texas,
Mr. Gene Green of Texas, Mr. Grijalva, Mr. Hinchey, Mr. Jackson of
Illinois, Mr. Jefferson, Ms. Kaptur, Mr. Kennedy of Rhode Island, Mr.
Kildee, Mr. Kucinich, Mr. McDermott, Mr. McGovern, Ms. Matsui, Mr. Meek
of Florida, Mr. Meeks of New York, Mr. Moran of Virginia, Mr. Nadler,
Mr. Neal of Massachusetts, Ms. Norton, Mr. Oberstar, Mr. Owens, Mr.
Pallone, Mr. Payne, Mr. Rush, Ms. Loretta Sanchez of California, Mr.
Serrano, Mr. Stark, Mr. Stupak, Mr. Towns, Ms. Wasserman Schultz, Mr.
Weiner, Mr. Wexler, Ms. Woolsey, and Mr. Wu) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committees on Ways and Means, Agriculture, Financial
Services, and Energy and Commerce, 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 provide protection for
immigrant victims of violence.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as ``Immigrant Victims of
Violence Protection Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
TITLE I--IMMIGRATION PROTECTIONS
Subtitle A--Victims of Crime
Sec. 101. Conditions applicable to U and T visas.
Sec. 102. Clarification of basis for relief under hardship waivers for
conditional permanent residence.
Sec. 103. Adjustment of status for victims of trafficking.
Subtitle B--VAWA Petitioners
Sec. 111. Definition of VAWA petitioner.
Sec. 112. Self-petitioning for children.
Sec. 113. Self-petitioning parents.
Sec. 114. Promoting consistency in VAWA adjudications.
Sec. 115. Relief for certain victims pending actions on petitions and
applications for relief.
Sec. 116. Access to VAWA protection regardless of manner of entry.
Sec. 117. Eliminating abusers' control over applications for
adjustments of status.
Sec. 118. Parole for VAWA petitioners and derivatives.
Sec. 119. Exemption of victims of domestic violence, sexual assault and
trafficking from sanctions for failure to
depart voluntarily.
Sec. 120. Clarification of access to naturalization for victims of
domestic violence.
Sec. 121. Consolidating adjudication of VAWA cases in VAWA unit.
Sec. 122. Prohibition of adverse determinations of admissibility or
deportability based on protected
information.
Subtitle C--Miscellaneous Provisions
Sec. 131. Removing 2 year custody and residency requirement for
battered adopted children.
Sec. 132. Waiver of certain grounds of inadmissibility for VAWA
petitioners.
Sec. 133. Treatment of good moral character.
Sec. 134. Employment authorization for battered spouses of H-1B visa
holders.
Sec. 135. Grounds for hardship waiver for conditional permanent
residence for intended spouses.
Sec. 136. Cancellation of removal.
Sec. 137. Motions to reopen.
Sec. 138. Removal proceedings.
Sec. 139. Conforming relief in suspension of deportation parallel to
the relief available in VAWA-2000
cancellation for bigamy.
Sec. 140. Correction of cross-reference to credible evidence
provisions.
Sec. 141. Technical corrections.
TITLE II--ADDITIONAL PROTECTIONS
Subtitle A--Ensuring Crime Victim Access to Legal Services
Sec. 201. Ensuring crime victim access to legal services.
Subtitle B--Eligibility for Certain Public Benefits of Aliens Suffering
from Domestic Abuse
Sec. 211. Eligibility for certain public benefits of aliens suffering
from domestic abuse.
Subtitle C--Law Enforcement Training Grants
Sec. 221. Grants for law enforcement training programs to identify and
protect victims of trafficking.
(c) References to VAWA-2000.--In this Act, the term ``VAWA-2000''
means the Violence Against Women Act of 2000 (division B of Public Law
106-386).
(d) 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 Act.
TITLE I--IMMIGRATION PROTECTIONS
Subtitle A--Victims of Crime
SEC. 101. 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. 102. 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. 103. 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. 111. 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. 112. 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 201(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)(A), 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)(A)''; and
(C) in clause (ii), by striking ``(A)(iii),
(A)(iv),''.
(3) 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.
(c) Clarification of No Separate Adjustment Application for
Derivative Children.--
(1) In general.--Section 245(a) of the Immigration and
Nationality Act (8 U.S.C. 1255(a)) is amended by adding at the
end the following: ``In the case of a petition under clause
(ii), (iii), or (iv) of section 204(a)(1)(A) 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 this subsection or subsection (c).''.
(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. 113. 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. 114. 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. 115. RELIEF FOR CERTAIN 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)(i) In the case of an alien in the United States for whom a
petition as a VAWA petitioner has been filed--
``(I) if the petition sets forth a prima facie case for
approval, the alien shall not be removed, detained, or
deported, and such a petition shall be processed without regard
to whether a proceeding to remove or deport such alien is
brought or pending; and
``(II) if the petition is approved, the alien is eligible
for work authorization and shall be provided an `employment
authorized' endorsement or other appropriate work permit
incidental to such approval.
``(ii) In the case of an alien in the United States for whom an
application for nonimmigrant status (whether as a principal or
derivative child) under subparagraph (T) of section 101(a)(15) has been
filed--
``(I) if there is a bona fide determination that the
application is approvable or the application is approved, the
alien shall not be removed, detained, or deported; and
``(II) if the application is approved, the alien is
eligible for work authorization and shall be provided an
`employment authorized' endorsement or other appropriate work
permit incidental to such approval.
``(iii) In the case of an alien in the United States for whom an
application for nonimmigrant status (whether as a principal or
derivative child) under subparagraph (U) of section 101(a)(15) has been
filed, if interim relief is granted on the application or the
application is approved--
``(I) the alien shall not be removed, detained, or
deported; and
``(II) the alien is eligible for work authorization and
shall be provided an `employment authorized' endorsement or
other appropriate work permit incidental to such relief or
approval.''.
(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. 116. 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. 117. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS FOR
ADJUSTMENTS OF STATUS.
(a) Application of Motions to Reopen for All VAWA Petitioners.--
Section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8
U.S.C. 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) of the
REAL ID Act of 2005 (Division B of Public Law 109-13), 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. 118. PAROLE FOR VAWA PETITIONERS AND DERIVATIVES.
(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. 119. 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. 120. 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. 121. 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. 122. 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);
(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
(v) by striking ``or'' at the end;
(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'';
(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
(iv) by striking the period at the end and
inserting a semicolon; 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. 131. 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. 132. WAIVER OF CERTAIN GROUNDS OF INADMISSIBILITY FOR VAWA
PETITIONERS.
(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. 133. 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. 134. 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)), as amended by sections 403(a) and 404(a) of the
REAL ID Act of 2005 (Division B of Public Law 109-13), is amended by
adding at the end the following new paragraph:
``(15) 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. 135. 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. 136. CANCELLATION OF REMOVAL.
(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. 137. MOTIONS TO REOPEN.
(a) Removal Proceedings.--
(1) In general.--Section 240(c)(7) of the Immigration and
Nationality Act (8 U.S.C. 1230(c)(7)), as redesignated by
section 101(d)(1) of the REAL ID Act of 2005 (Division B of
Public Law 109-13), 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. 138. 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. 139. 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. 140. 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. 141. 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))''.
TITLE II--ADDITIONAL PROTECTIONS
Subtitle A--Ensuring Crime Victim Access to Legal Services
SEC. 201. 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 B--Eligibility for Certain Public Benefits of Aliens Suffering
From Domestic Abuse
SEC. 211. 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.''.
(h) 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''.
(i) 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.
(j) 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 C--Law Enforcement Training Grants
SEC. 221. 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.
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