[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.
                                 <all>