[Congressional Record Volume 171, Number 9 (Thursday, January 16, 2025)]
[Senate]
[Page S233]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 83. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 3, line 8, strike the period and insert the 
     following: ``; and
       (4) by adding at the end the following:
       ``(5) Protections for victims of domestic violence or human 
     trafficking.--
       ``(A) In general.--Except as provided by subparagraph (C), 
     paragraphs (1)(E) and (3) shall not apply with respect to an 
     alien if the alien is a victim or witness in an active 
     domestic violence or human trafficking investigation or makes 
     a credible claim that the alien is a victim of or witness to 
     domestic violence or human trafficking.
       ``(B) Examples.--Examples of circumstances in which 
     paragraphs (1)(E) and (3) do not apply with respect to an 
     alien include if--
       ``(i) a Federal, State, or local law enforcement agency 
     informs the Secretary that the alien may be a victim of 
     domestic violence or human trafficking, and the arrest or 
     charges described in paragraph (1)(E) were based on acts 
     committed under duress or as the result of force, fraud, or 
     coercion, or based on information furnished solely by an 
     abuser or human trafficker;
       ``(ii) the alien has received a certification pursuant to 
     section 214(p) certifying that the alien is a victim of or 
     witness to domestic violence;
       ``(iii) the alien has an approved or bona fide petition 
     pending for immigration relief pursuant to section 101(a)(51) 
     or another provision of this Act based on being battered or 
     subjected to extreme cruelty by a current or former spouse, 
     partner, parent, son, or daughter; or
       ``(iv) the alien has been approved for relief under section 
     101(a)(15)(T) or has a bona fide petition pending pursuant to 
     such section.
       ``(C) Exception.--Notwithstanding subparagraph (A) or (B), 
     paragraphs (1)(E) and (3) shall apply with respect to an 
     alien if the Secretary determines that the alien is a threat 
     to public safety or national security.''.
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