HR 3083 IH
106th CONGRESS
1st Session
H. R. 3083
To amend the Immigration and Nationality Act to provide protection
for battered immigrant women, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 14, 1999
Ms. SCHAKOWSKY (for herself, Ms. JACKSON-LEE of Texas, Mrs. MORELLA, Mr.
CAPUANO, Mr. MEEKS of New York, Mr. MCGOVERN, Mr. BERMAN, Mr. WAXMAN, Mr.
SANDERS, Mr. WEINER, Mr. HINCHEY, Mr. FROST, Mr. FARR of California, Mr. STUPAK,
Mr. LEACH, Ms. BERKLEY, Ms. WOOLSEY, Mr. ABERCROMBIE, Ms. EDDIE BERNICE JOHNSON
of Texas, Mr. WYNN, Mrs. MALONEY of New York, Ms. NORTON, Mrs. MINK of Hawaii,
Ms. SLAUGHTER, Ms. MILLENDER-MCDONALD, Mrs. CAPPS, Ms. LEE, Mr. TOWNS, Ms. BROWN
of Florida, Mrs. LOWEY, Mr. GREEN of Texas, Mr. MCNULTY, Mr. GEORGE MILLER of
California, Mr. CROWLEY, Ms. MCKINNEY, Mr. CONYERS, Mrs. MEEK of Florida, Mr.
KIND, and Ms. DELAURO) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Ways and Means,
Banking and Financial Services, Education and the Workforce, Agriculture, and
Armed Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To amend the Immigration and Nationality Act to provide protection
for battered immigrant women, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Battered Immigrant Women
Protection Act of 1999'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Restoring immigration protections under the Violence Against
Women Act of 1994 (VAWA).
Sec. 4. Remedying problems with implementation of the immigration
provisions of VAWA.
Sec. 5. Waivers and exceptions to inadmissibility for otherwise
qualified battered immigrants.
Sec. 6. Calculation of physical presence in VAWA cancellation of removal
and suspension of deportation.
Sec. 7. Improved access to VAWA immigration protections for battered
immigrant women.
Sec. 8. Improved access to VAWA cancellation of removal.
Sec. 9. Good moral character determinations.
Sec. 10. Economic Security Act for Battered Immigrant Women.
Sec. 11. Access to legal representation and services for battered
immigrants.
Sec. 12. Violence Against Women Act training for INS officers,
immigration judges, and civil and criminal court justice system
personnel.
Sec. 13. Protection for certain victims of crimes against women.
Sec. 14. Access to Cuban adjustment for battered immigrant spouses and
children.
Sec. 15. Access to the Nicaraguan and Central American Relief Act for
battered spouses and children.
Sec. 16. Access to the Haitian Refugee Immigration Fairness Act of 1998
for battered spouses and children.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress finds that--
(1) the goal of the immigration protections for battered immigrants
included in the Violence Against Women Act of 1994 was to remove immigration
laws as a barrier that kept battered immigrant women and children locked in
abusive relationships;
(2) providing battered immigrant women and children who were
experiencing domestic violence at home with protection against deportation
allows them to obtain protection orders against their abusers and frees them
to cooperate with law enforcement and prosecutors in criminal cases brought
against their abusers and the abusers of their children; and
(3) there are several groups of battered immigrant women and children
who do not have access to the immigration protections of the Violence
Against Women Act of 1994 which means that their abusers are virtually
immune from prosecution because their victims can be deported and the
Immigration and Naturalization Service cannot offer them protection no
matter how compelling their case under existing law.
(b) PURPOSES- The purposes of this Act are--
(1) to promote criminal prosecutions of all persons who commit acts of
battery or extreme cruelty against immigrant women and children;
(2) to offer protection against domestic violence occurring in family
and intimate relationships that are covered in State and tribal protection
orders, domestic violence, and family law statutes; and
(3) to correct erosions of the Violence Against Women Act of 1994
immigration protections that occurred as a result of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 and the Balanced Budget Act
of 1997.
SEC. 3. RESTORING IMMIGRATION PROTECTIONS UNDER THE VIOLENCE AGAINST WOMEN
ACT OF 1994 (VAWA).
(a) REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR VICTIMS OF DOMESTIC
VIOLENCE-
(1) IMMIGRATION AMENDMENTS- Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended--
(A) in subsection (a), by inserting `or the status of any other alien
having an approved petition for classification under subparagraph
(A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of
section 204(a)(1) or' after `into the United States'; and
(B) in subsection (c), by striking `Subsection (a) shall not be
applicable to' and inserting the following: `Other than an alien who has
an approved petition for classification under subparagraph (A)(iii),
(A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section
204(a)(1), subsection (a) shall not be applicable to'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall apply to
applications for adjustment of status pending on, or made on or after,
January 14, 1998.
(b) REMOVING BARRIERS TO CANCELLATION OF REMOVAL AND SUSPENSION OF
DEPORTATION FOR VICTIMS OF DOMESTIC VIOLENCE-
(1) NOT TREATING SERVICE OF NOTICE AS TERMINATING CONTINUOUS
PERIOD-
(A) IN GENERAL- Section 240A(d)(1) of such Act (8 U.S.C. 1229b(d)(1))
is amended by striking `when the alien is served a notice to appear under
section 239(a) or' and inserting `(A) except in the case of an alien who
applies for cancellation of removal under subsection (b)(2), when the
alien is served a notice to appear under section 239(a) or (B)'.
(B) EFFECTIVE DATE- The amendment made by subparagraph (A) shall take
effect as if included in the enactment of section 304 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208, 110 Stat. 587).
(2) EXEMPTION FROM ANNUAL LIMITATION ON CANCELLATION OF REMOVAL FOR
BATTERED SPOUSE OR CHILD-
(A) 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:
`(C) Aliens in removal proceedings who applied for cancellation of
removal under subsection (b)(2).'.
(B) EFFECTIVE DATE- The amendment made by subparagraph (A) shall take
effect as if included in the enactment of section 304 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208, 110 Stat. 587).
(3) MODIFICATION OF CERTAIN TRANSITION RULES FOR BATTERED SPOUSE OR
CHILD-
(A) IN GENERAL- Subparagraph (C) of section 309(c)(5) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note), as amended by section 203(a) of Public Law 105-100, is
amended--
(i) in the heading by inserting `AND FOR BATTERED SPOUSES AND
CHILDREN' after `FROM DEPORTATION'; and
(I) by striking, `or' at the end of subclause (IV);
(II) by striking the period at the end of subclause (V) and
inserting `; or'; and
(III) by adding at the end the following new
subclause:
`(VI) is an alien who was issued an order to show cause or was in
deportation proceedings before April 1, 1997, and who applied for
suspension of deportation under section 244(a)(3) of the Immigration
and Nationality Act (as in effect before the date of the enactment of
this Act).'.
(B) EFFECTIVE DATE- The amendments made by subparagraph (A) shall take
effect as if included in the enactment of section 309 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note).
(c) ELIMINATING TIME LIMITATIONS ON MOTIONS TO REOPEN REMOVAL AND
DEPORTATION PROCEEDINGS FOR VICTIMS OF DOMESTIC VIOLENCE-
(A) IN GENERAL- Section 240(c)(6)(C) of the Immigration and
Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended by adding at the end
the following:
`(iv) SPECIAL RULE FOR BATTERED SPOUSES AND CHILDREN- There is no
time limit on the filing of a motion to reopen, and the deadline
specified in subsection (b)(5)(C) for filing such a motion does not
apply--
`(I) if the basis for the motion is to apply for relief under
clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A), clause (ii),
(iii), or (iv) of section 204(a)(1)(B), or section 240A(b)(2);
and
`(II) if the motion is accompanied by a cancellation of removal
application to be filed with the Attorney General or by a copy of the
self-petition that has been or will be filed with the Immigration and
Naturalization Service upon the granting of the motion to
reopen.'.
(B) EFFECTIVE DATE- The amendment made by subparagraph (A) shall take
effect as if included in the enactment of section 304 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.
(2) DEPORTATION PROCEEDINGS-
(A) IN GENERAL- Notwithstanding any limitation imposed by law on
motions to reopen or rescind deportation proceedings under 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 (8 U.S.C. 1101 note)), there is no time limit on the filing of
a motion to reopen such proceedings, and the deadline specified in section
242B(c)(3) of the Immigration and Nationality Act (as so in effect) (8
U.S.C. 1252b(c)(3)) does not apply--
(i) if the basis of the motion is to apply for relief under clause
(iii), (iv), (v), or (vi) of section 204(a)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii), (iii), or (iv) of
section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or section
244(a)(3) of such Act (as so in effect) (8 U.S.C. 1254(a)(3));
and
(ii) if the motion is accompanied by a suspension of deportation
application to be filed with the Attorney General or by a copy of the
self-petition that will be filed with the Immigration and Naturalization
Service upon the granting of the motion to reopen.
(B) APPLICABILITY- Subparagraph (A) shall apply to motions filed by
aliens who--
(i) are, or were, in deportation proceedings under 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 (8 U.S.C. 1101 note)); and
(ii) have become eligible to apply for relief under clause (iii),
(iv), (v), or (vi) of section 204(a)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii), (iii), or (iv) of
section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or section
244(a)(3) of such 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 (8 U.S.C. 1101 note)) as a result of the
amendments made by--
(I) subtitle G of title IV of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1953 et seq.);
or
SEC. 4. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE IMMIGRATION PROVISIONS
OF VAWA.
(a) EFFECT OF CHANGES IN ABUSERS' CITIZENSHIP STATUS ON SELF-PETITION-
(1) RECLASSIFICATION- Section 204(a)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)), as amended by paragraphs (4), (5),
and (6) of section 7(c), is amended by adding after clause (vii) the
following new clause:
`(viii) For the purposes of any petition filed under clause (iii), (iv),
(v), or (vi), denaturalization, loss or renunciation of citizenship, death of
the abuser, or changes to the abuser's citizenship status after filing of the
petition shall not adversely affect the approval of the petition and, for
approved petitions, shall not preclude the classification of the eligible
self-petitioning spouse, child, or son or daughter as an immediate relative or
affect the alien's ability to adjust status under subsections (a) and (c) of
section 245 or obtain status as a lawful permanent resident based on the
approved self-petition under such clauses.'.
(2) LOSS OF STATUS- Section 204(a)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(B)), as amended by paragraphs (4) and
(5) of section 7(d), is amended by adding after clause (v) the following new
clause:
`(vi)(I) For the purposes of petitions filed or approved under clause
(ii), (iii), or (iv), loss of lawful permanent resident status by a spouse or
parent or death of a spouse or parent who was a lawful permanent resident
after the filing of a petition under that clause shall not adversely affect
approval of the petition, and, for an approved petition, shall not affect the
alien's ability to adjust status under sections 245(a) and 245(c) or obtain
status as a lawful permanent resident based on the approved self-petition
under such clause (ii), (iii), or (iv).
`(II) Upon the lawful permanent resident spouse or parent becoming a
United States citizen through naturalization, acquisition of citizenship, or
other means, any petition filed with the Immigration and Naturalization
Service and pending or approved under clause (ii), (iii), or (iv) on behalf of
an alien who has been battered or subjected to extreme cruelty shall be deemed
reclassified as a petition filed under subparagraph (A) even if the
acquisition of citizenship occurs after divorce or termination of parental
rights.'.
(3) DEFINITION OF IMMEDIATE RELATIVE- Section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1154(b)(2)(A)(i)) is amended by
adding at the end the following new sentence: `For purposes of this clause,
an alien who has filed a petition under clause (iii), (iv), (v), or (vi) of
section 204(a)(1)(A) remains an immediate relative in the event that the
United States citizen spouse, parent, son, or daughter loses United States
citizenship or dies after the filing of the petition.'.
(b) EXEMPTION FOR BATTERED IMMIGRANT WOMEN WHO ENTERED THE UNITED STATES
ON FIANCE VISAS FROM CONDITIONAL RESIDENCY STATUS REQUIREMENT- Section 245(d)
of the Immigration and Nationality Act (8 U.S.C. 1255(d)) is amended by adding
at the end the following: `This subsection shall not apply to aliens who seek
adjustment of status on the basis of an approved self-petition for
classification under clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A)
or classification under clause (ii), (iii), or (iv) of section
204(a)(1)(B).'.
(c) REDUCING AN ABUSER'S CONTROL OVER A BATTERED IMMIGRANT'S IMMIGRATION
CASE- Section 205 of the Immigration and Nationality Act (8 U.S.C. 1155) is
amended by adding at the end the following: `Whenever a beneficiary of a
petition filed under section 204 provides the Attorney General with credible
evidence of battery or extreme cruelty as described in section 216(c)(4)(C),
204(a)(1)(A), or 204(a)(1)(B), the Attorney General shall adjudicate the
petition filed under section 204 notwithstanding--
`(1) the withdrawal by the petitioner of the petition;
`(2) the failure of the petitioner to appear at the interview;
`(3) the failure of the petitioner to file an affidavit of support;
or
`(4) a prior revocation or denial based on withdrawal of, or failure to
prosecute, the petition or any other determination based on the petitioner's
actions that could result or have resulted in the denial or revocation of
the petition (but for this section).'.
(d) REQUIRING PROSECUTOR COOPERATION WITH BATTERED IMMIGRANT VAWA
APPLICANTS- Section 2101(c) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796hh(c)) is amended--
(1) by striking `and' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (4) and inserting `;
and'; and
(3) by adding at the end the following:
`(5) certify that their laws, policies, and practices do not discourage
or prohibit prosecutors and law enforcement officers from granting access to
information about the citizenship or lawful permanent residency status of a
domestic violence perpetrator to the victim, the child, son, or daughter or
their advocate so long as release of the information does not jeopardize
ongoing prosecution of the abuser.'.
(e) ALLOWING REMARRIAGE OF BATTERED IMMIGRANTS- Section 204(h) of the
Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended by adding at the
end the following new sentence: `Remarriage of an alien whose petition was
approved under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) or marriage of an
alien described in subsection (a)(1)(A)(iv), (a)(1)(A)(vi), (a)(1)(B)(iii), or
(a)(1)(B)(iv) shall not be the basis for revocation under section 205.'.
SEC. 5. WAIVERS AND EXCEPTIONS TO INADMISSIBILITY FOR OTHERWISE QUALIFIED
BATTERED IMMIGRANTS.
(a) DISCRETIONARY WAIVERS FOR CERTAIN INADMISSIBILITY AND REMOVAL
GROUNDS-
(1) INADMISSIBILITY GROUNDS- Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended by adding at the end the
following:
`(r) DISCRETIONARY WAIVER AUTHORITY- The Attorney General, in the Attorney
General's discretion, may waive any provision of this section (other than
paragraphs (3), (10)(A), (10)(D), and (10)(E) of subsection (a)) for
humanitarian purposes, to assure family unity, or when it is otherwise in the
public interest if the alien demonstrates a connection between the crime or
disqualifying act and battery or extreme cruelty for any alien who qualifies
for--
`(1) classification under clause (iii), (iv), (v), or (vi) of section
204(a)(1)(A) or classification under clause (ii), (iii), or (iv) of section
204(a)(1)(B); or
`(2) relief under section 240A(b)(2) or under section 244(a)(3) (as in
effect before the enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996).'.
(2) REMOVAL GROUNDS- Section 237 of the Immigration and Nationality Act
(8 U.S.C. 1227) is amended by adding at the end the following:
`(d) DISCRETIONARY WAIVER AUTHORITY- The Attorney General, in the
discretion of the Attorney General, may waive any provision of this section
(other than subsections (a)(2)(D)(i), (a)(4), or (a)(5)) for humanitarian
purposes, to assure family unity, or when it is otherwise in the public
interest in the case of an alien who demonstrates a connection between the
crime or disqualifying act and battery or extreme cruelty for any alien who
qualifies for--
`(1) classification under clause (iii), (iv), (v), or (vi) of section
204(a)(1)(A) or classification under clause (ii), (iii), or (iv) of section
204(a)(1)(B); or
`(2) relief under section 240A(b)(2) or under section 244(a)(3) (as in
effect before the enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996).'.
(b) OFFERING EQUAL ACCESS TO VAWA IMMIGRATION PROTECTIONS FOR ALL
QUALIFIED BATTERED IMMIGRANT SELF-PETITIONERS-
(1) ELIMINATING CONNECTION BETWEEN BATTERY AND UNLAWFUL ENTRY- Section
212(a)(6)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182) is
amended--
(A) by amending subclause (I) to read as follows:
`(I) the alien qualifies for classification under subparagraph
(A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of
section 204(a)(1), and';
(B) by striking `, and' in subclause (II) and inserting a period;
and
(C) by striking subclause (III).
(2) BATTERED IMMIGRANT EXCEPTION- Section 212(a)(9)(A)(iii) of such Act
(8 U.S.C. 1182(a)(9)(A)(iii)) is amended by adding at the end the following:
`Clauses (i) and (ii) also shall not apply to aliens to whom the Attorney
General has granted classification under clause (iii), (iv), (v), or (vi) of
section 204(a)(1)(A) or classification under clause (ii), (iii), or (iv) of
section 204(a)(1)(B).'.
(3) ELIMINATING CONNECTION BETWEEN BATTERY AND VIOLATION OF THE TERMS OF
AN IMMIGRANT VISA- Section 212(a)(9)(B)(iii)(IV) of such Act (8 U.S.C.
1182(a)(9)(B)(iii)(IV)) is amended by striking `who would be described in
paragraph (6)(A)(ii)' and all that follows and inserting `who is described
in paragraph (6)(A)(ii).'.
(4) BATTERED IMMIGRANT EXCEPTION- Section 212(a)(9)(C)(ii) of such Act
(8 U.S.C. 1182(a)(9)(C)(ii)) is amended by adding at the end the following:
`Clause (i) shall also not apply to aliens to whom the Attorney General has
granted classification under clause (iii), (iv), (v), or (vi) of section
204(a)(1)(A) or classification under clause (ii), (iii), or (iv) of section
204(a)(1)(B).'.
(5) WAIVER OF CERTAIN REMOVAL GROUNDS- Section 237 of the Immigration
and Nationality Act (8 U.S.C. 1227), as amended by subsection (a)(2), is
further amended by adding at the end the following:
`(e) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE- The Attorney General is not
limited by the criminal court record and may waive the application of
subsections (a)(2)(E)(i), (a)(2)(E)(ii), (a)(2)(A)(i), and (a)(2)(A)(iii) in
the case of an alien who has been battered or subjected to extreme cruelty and
who is not and was not the primary perpetrator of violence in the
relationship--
`(1) upon determination that--
`(A) the alien was acting in self-defense;
`(B) the alien was found to have violated a protection order intended
to protect the alien; or
`(C) the alien committed, was arrested for, was convicted of, or pled
guilty to committing a crime where there was a connection between the
crime and
having been battered or subjected to extreme cruelty; or
`(2) for humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest.'.
(6) MISREPRESENTATION WAIVERS FOR BATTERED SPOUSES OF UNITED STATES
CITIZENS AND LAWFUL PERMANENT RESIDENTS-
(A) WAIVER OF INADMISSIBILITY- Section 212(i)(1) of the Immigration
and Nationality Act (8 U.S.C. 1182(i)(1)) is amended by inserting before
the period at the end the following: `or, in the case of an alien granted
classification under clause (iii), (iv), (v), or (vi) of section
204(a)(1)(A) or clause (ii), (iii), or (iv) of section 204(a)(1)(B), or
who qualifies for relief under section 240A(b)(2) or under section
244(a)(3) (as in effect before the date of enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996), the alien
demonstrates extreme hardship to the alien or the alien's United States
citizen, lawful permanent resident or qualified alien parent, child, son,
or daughter'.
(B) WAIVER OF DEPORTABILITY- Section 237(a)(1)(H) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is amended--
(i) in clause (i), by inserting `(I)' after `(i)';
(ii) by redesignating clause (ii) as subclause (II); and
(iii) by inserting after clause (i) the following new
clause:
`(ii) is an alien who qualifies for classification under clause
(iii), (iv), (v), or (vi) of section 204(a)(1)(A) or clause (ii), (iii),
or (iv) of section 204(a)(1)(B), or who qualifies for relief under
section 240A(b)(2) or under section 244(a)(3) (as in effect before the
date of enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996).'.
SEC. 6. CALCULATION OF PHYSICAL PRESENCE IN VAWA CANCELLATION OF REMOVAL AND
SUSPENSION OF DEPORTATION.
(a) CANCELLATION OF REMOVAL PROCEEDINGS- Section 240A(d)(2) of the
Immigration and Nationality Act (8 U.S.C. 1229b(d)(2)) is amended by adding at
the end the following: `In the case of an alien applying for cancellation of
removal under subsection (b)(2), the Attorney General may waive the provisions
of this subsection for humanitarian purposes, to assure family unity, or when
it is otherwise in the public interest, if the alien demonstrates that the
absences were connected to the battery or extreme cruelty forming the basis of
the application for cancellation of removal under such subsection.'.
(b) SUSPENSION OF DEPORTATION PROCEEDINGS- With respect to applications
filed under section 244(a)(3) of the Immigration and Nationality Act (as in
effect before the title III-A effective date, as defined in section 309(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 110 Stat. 3009-625)) (8 U.S.C. 1254(a)(3)),
the Attorney General may waive the physical presence requirement for
humanitarian purposes, to assure family unity, or when it is otherwise in the
public interest if the alien demonstrates that the absences were connected to
the battery or extreme cruelty forming the basis of the application for
suspension of deportation.
SEC. 7. IMPROVED ACCESS TO VAWA IMMIGRATION PROTECTIONS FOR BATTERED
IMMIGRANT WOMEN.
(a) INTENDED SPOUSE DEFINED- 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:
`(50) The term `intended spouse' means any alien who meets the criteria
set forth in section 204(j)(1)(B) or 204(k)(1)(B).'.
(b) ENSURING PROTECTION FOR ABUSED CHILDREN AND CHILDREN OF BATTERED
IMMIGRANTS- Section 101(b) of the Immigration and Nationality Act (8 U.S.C.
1101(b)) is amended--
(1) in paragraph (1), by striking `The term' and inserting `Subject to
paragraph (6), the term', and
(2) by adding at the end the following new paragraph:
`(6) For the purposes of clauses (iii) and (iv) of section 204(a)(1)(A),
clauses (ii) and (iii) of section 204(a)(1)(B), section 240A(b)(2), and
section 244(a)(3) (as in effect before the date of the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996) and for
the purposes of attaining lawful permanent residency under those sections
either under section 245 or by obtaining an immigrant visa under section 203,
an individual who turns 21 years old remains a child under paragraph (1) if,
on the date a petition or application was filed by the individual or their
parent under any of these sections the individual--
`(A) met the definition of child in one of subparagraphs (A) through (F)
of paragraph (1); and
`(B) was under the age of 21 on the date the application or petition was
filed.'.
(c) IMMEDIATE RELATIVE STATUS FOR SELF-PETITIONERS MARRIED TO U.S.
CITIZENS-
(1) SELF-PETITIONING SPOUSES-
(A) BATTERY OR CRUELTY TO ALIEN OR ALIEN'S CHILD- Section
204(a)(1)(A)(iii) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A)(iii)) is amended to read as follows:
`(iii) An alien who is described in subsection (j) may file a petition
with the Attorney General under this clause for classification of the alien
(and any child of the alien as defined in paragraph (1) or (6) of section
101(b) if the alien demonstrates to the Attorney General that--
`(I) the marriage or the intent to marry the United States citizen was
entered into in good faith by the alien; and
`(II) during the marriage or relationship intended by the alien to be
legally a marriage, the alien or a child of the alien has been battered or
has been the subject of extreme cruelty perpetrated by the alien's spouse or
intended spouse.'.
(B) DESCRIPTION OF PROTECTED SPOUSE OR INTENDED SPOUSE- Section 204 of
the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding
at the end the following:
`(j) DESCRIPTION OF PROTECTED SPOUSE OR INTENDED SPOUSE- For purposes of
subsection (a)(1)(A)(iii), an alien described in this subsection is an
alien--
`(1)(A) who is the spouse of a citizen of the United States; or
`(B)(i) who believed that he or she had married a citizen of the United
States and with whom a marriage ceremony was actually performed; and
`(ii) who otherwise meets any applicable requirements under this Act to
establish the existence of and bona fides of a marriage, but whose marriage
is not legitimate solely because of the bigamy of such citizen of the United
States; or
`(C) who was a bona fide spouse of a United States citizen within the
past two years and whose spouse died within the past two years, or whose
spouse lost immigration status within the past two years due to an incident
of domestic violence, or who demonstrates a connection between the legal
termination of the marriage within the past two years and battering or
extreme cruelty by the United States citizen spouse;
`(2) who is a person of good moral character;
`(3) who is eligible to be classified as an immediate relative under
section 201(b)(2)(A)(i) or who would have been so classified but for the
bigamy of the citizen of the United States that the alien intended to marry;
and
`(4) who has resided with the alien's spouse or intended spouse.'.
(2) GUARANTEEING ACCESS TO VAWA RELIEF FOR BATTERED IMMIGRANTS BROUGHT
INTO THE UNITED STATES ON FIANCE VISAS- Section 204(a)(1)(C) of the
Immigration and Nationality Act, as inserted by subsection (d)(6), is amended
by adding at the end the following new clause:
`(iii) For aliens who entered the country on fiance visas, failure to
marry the sponsor or failure to marry the sponsor within 90 days as required
under section 101(a)(15)(K) shall not bar access to relief under clause (iii),
(iv), (v), or (vi) of subsection (a)(1)(A), under clause (ii), (iii), or (iv)
of subsection (a)(1)(B), under section 240A(b)(2), or under section 244(a)(3)
(as in effect before the enactment of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996) to aliens who otherwise qualify.'.
(3) SELF-PETITIONING CHILDREN- Section 204(a)(1)(A)(iv) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended to
read as follows:
`(iv) An alien who is the child of a citizen of the United States (as
defined in paragraph (1) or (6) of section 101(b)) or who was a child of
United States citizen parent who died within the past two years or lost
immigration status due to an incident of domestic violence within the past two
years, and who is a person of good moral character, who is eligible to be
classified as an immediate relative under section 201(b)(2)(A)(i), and who
resides or has resided in the past with the citizen parent may file a petition
with the Attorney General under this subparagraph for classification of the
alien (and any child of the alien) under such section if the alien
demonstrates to the Attorney General that the alien has been battered by or
has been the subject of extreme cruelty perpetrated by the alien's citizen
parent. For purposes of this clause, residence includes any period of
visitation.'.
(4) SELF-PETITIONING PARENTS- Section 204(a)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding after
clause (iv) the following new clause:
`(v) An alien who is the parent of a citizen of the United States or who
was a parent of United States citizen who died within the past two years or
lost immigration status due to an incident of domestic violence within the
past two years, and who is a person of good moral character, who is eligible
to be classified as an immediate relative under section 201(b)(2)(A)(i), and
who has resided with the citizen daughter or son may file a petition with the
Attorney General under this subparagraph for classification of the alien under
such section if the alien demonstrates to the Attorney General that the alien
has been battered by or has been the subject of extreme cruelty perpetrated by
the alien's citizen son or daughter.'.
(5) SELF-PETITIONING SON OR DAUGHTER- Section 204(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), as amended by
paragraph (4), is amended by adding after clause (v) the following new
clause:
`(vi) An alien who is the son or daughter of a citizen of the United
States or who was the son or daughter of United States citizen parent who died
within the past two years or lost immigration status due to an incident of
domestic violence within the past two years, and who is a person of good moral
character, who is eligible for classification by reason of a relationship
described in paragraph (1) of section 203(a), and who resides or has resided
in the past with the citizen parent may file a petition with the Attorney
General under this clause for classification of the alien (and any child of
the alien) under such section if the alien demonstrates to the Attorney
General that the alien has been battered by, or has been the subject of
extreme cruelty perpetrated by, the alien's citizen parent and 1 or more
incidents of battery or extreme cruelty occurred before the son or daughter
reached the age of 21. For purposes of this clause, residence includes any
period of visitation.'.
(6) FILING OF PETITIONS- Section 204(a)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1154 (a)(1)(A)(iv)), as amended by paragraphs (4)
and (5), is amended by adding after clause (vi) the following new
clause:
`(vii) An alien who is the spouse, intended spouse, child, parent, son, or
daughter of a United States citizen living abroad and who is eligible to file
a petition under clause (iii), (iv), (v), or (vi) shall file such petition
with the Attorney General under the procedures that apply to self-petitioners
under such clauses.'.
(d) SECOND PREFERENCE IMMIGRATION STATUS FOR SELF-PETITIONERS MARRIED TO
LAWFUL PERMANENT RESIDENTS-
(1) SELF-PETITIONING SPOUSES- Section 204(a)(1)(B)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)) is amended to
read as follows:
`(ii) An alien who is described in subsection (k) may file a petition with
the Attorney General under this clause for classification of the alien (and
any child of the alien as defined in paragraph (1) or (6) of section 101(b))
if such a child has not been classified under clause (iii) of section
203(a)(2)(A) and if the alien demonstrates to the Attorney General that--
`(I) the marriage or the intent to marry the lawful permanent resident
was entered into in good faith by the alien; and
`(II) during the marriage or relationship intended by the alien to be
legally a marriage, the alien or a child of the alien has been battered or
has been the subject of extreme cruelty perpetrated by the alien's spouse or
intended spouse.'.
(2) DESCRIPTION OF PROTECTED SPOUSE OR INTENDED SPOUSE- Section 204 of
the Immigration and Nationality Act (8 U.S.C. 1154), as amended by
subsection (c)(1)(B), is further amended by adding at the end the
following:
`(k) DESCRIPTION OF PROTECTED SPOUSE OR INTENDED SPOUSE- For purposes of
subsection (a)(1)(B)(ii), an alien described in this subsection is an
alien--
`(1)(A) who is the spouse of a lawful permanent resident of the United
States; or
`(B)(i) who believed that he or she had married a lawful permanent
resident of the United States and with whom a marriage ceremony was actually
performed; and
`(ii) who otherwise meets any applicable requirements under this Act to
establish the existence of and bona fides of a marriage, but whose marriage
is not legitimate solely because of the bigamy of such lawful permanent
resident of the United States; or
`(iii) who was a bona fide spouse of a lawful permanent resident within
the past two years and whose spouse died within the past two years, or whose
spouse lost status within the past two years due to an incident of domestic
violence, or who demonstrates a connection between the legal termination of
the marriage within the past two years and battering or extreme cruelty by
the United States citizen spouse;
`(2) who is a person of good moral character;
`(3) who is eligible to be classified as a spouse of an alien lawfully
admitted for permanent residence under section 203(a)(2)(A) or who would
have been so classified but for the bigamy of the lawful permanent resident
of the United States that the alien intended to marry; and
`(4) who has resided in the United States with the alien's spouse or
intended spouse.'.
(3) SELF-PETITIONING CHILDREN- Section 204(a)(1)(B)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended to
read as follows:
`(iii) An alien who is the child of an alien lawfully admitted for
permanent residence as defined in paragraph (1) or (6) of section 101(b) or
who was a child of a lawful permanent resident parent who died within the past
two years or lost immigration status due to an incident of domestic violence
within the past two years, and who is a person of good moral character, who is
eligible for classification under section 203(a)(2)(A), and who resides or has
resided in the past with the alien's permanent resident alien parent may file
a petition with the Attorney General under this subparagraph for
classification of the alien (and any child of the alien) under such section if
the alien demonstrates to the Attorney General that the alien has been
battered by or has been the subject of extreme cruelty perpetrated by the
alien's permanent resident parent. For purposes of this clause, residence
includes any period of visitation.'.
(4) SELF-PETITIONING SON OR DAUGHTER- Section 204(a)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)), as amended by
section 4(a)(2), is further amended by adding at the end the
following:
`(iv) An alien who is the son or daughter of an alien lawfully admitted
for permanent residence or who was a son or daughter of a lawful permanent
resident parent who died within the past two years or lost immigration status
due to an incident of domestic violence within the past two years and who is a
person of good moral character, who is eligible for classification by reason
of a relationship described in paragraph (2) of section 203(a), and who
resides or has resided in the past with the alien's legal permanent resident
parent may file a petition with the Attorney General under this clause for
classification of the alien (and any child of the alien) under such section if
the alien demonstrates to the Attorney General that the alien has been
battered by, or has been the subject of extreme cruelty perpetrated by, the
alien's legal permanent resident parent and 1 or more incidents of battery or
extreme cruelty occurred before the son or daughter reached the age of 21. For
purposes of this clause, residence includes any period of visitation.'.
(5) FILING OF PETITIONS- Section 204(a)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(B)), as amended by paragraph (4), is
further amended by adding after clause (iv) the following new clause:
`(v) An alien who is the spouse, intended spouse, child, son, or daughter
of a lawful permanent resident living abroad is eligible to file a petition
under clause (ii), (iii), or (iv) shall file such petition with the Attorney
General under the procedures that apply to self-petitioners under such
clauses.'.
(6) TREATMENT OF PETITIONS INCLUDING DERIVATIVE CHILDREN TURNING 21
YEARS OF AGE- Section 204(a)(1) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)) is amended--
(A) by redesignating subparagraphs (C) through (H) as subparagraphs
(D) through (I), respectively; and
(B) by inserting after subparagraph (B) the following:
`(C)(i)(I) Any derivative child who attains 21 years of age and who is
included in a petition described in clause (ii) that was filed or approved
before the date on which the child attained 21 years of age shall be
considered (if no visa has been issued to the child by such date) a petitioner
for preference status under paragraph (1), (2), or (3) of section 203(a),
whichever paragraph is applicable, with the same priority date as that
assigned to the petition in any petition described in clause (ii).
`(II) Any individual described in subclause (I) and any derivative child
of a petition described in clause (ii) is eligible for deferred action and
work authorization.
`(ii) The petition referred to in clause (i) is a petition filed by an
alien under subparagraph (A)(iii), (A)(iv), (A)(vi), (B)(ii), (B)(iii), or
(B)(iv) in which the child is included as a derivative.'.
(e) ACCESS TO NATURALIZATION FOR DIVORCED VICTIMS OF ABUSE- Section 319(a)
of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended--
(1) by inserting `, and any person who obtained status as a lawful
permanent resident by reason of his or her status as a spouse or child of a
United States citizen who battered him or her or subjected him or her to
extreme cruelty,' after `United States' the first place it appears;
and
(2) by inserting `(except in the case of a person who has been battered
or subjected to extreme cruelty by a United States citizen spouse or
parent)' after `has been living in marital union with the citizen
spouse'.
SEC. 8. IMPROVED ACCESS TO VAWA CANCELLATION OF REMOVAL.
(a) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN
NONPERMANENT RESIDENTS- Section 240A(b)(2) of the Immigration and Nationality
Act (8 U.S.C. 1229b(b)(2)) is amended to read as follows:
`(2) SPECIAL RULE FOR BATTERED SPOUSE, PARENT, CHILD, SON, OR
DAUGHTER-
`(A) IN GENERAL- The Attorney General may cancel removal of, and
adjust to the status of an alien lawfully admitted for permanent
residence, an alien who is inadmissible or deportable from the United
States if the alien demonstrates that--
`(i)(I) the alien has been battered or subjected to extreme cruelty
in the United States by a spouse, parent, son, or daughter who is or was
a United States citizen (or is the parent of a child of a United States
citizen and the child has been battered or subjected to extreme cruelty
in the United States by such citizen parent);
`(II) the alien has been battered or subjected to extreme cruelty by
a spouse or parent who is or was a lawful permanent resident (or is the
parent of a child of an alien who is or was a lawful permanent resident
and the child has been battered or subjected to extreme cruelty in the
United States by such permanent resident parent), or
`(III) the alien has been battered or subjected to extreme cruelty
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 lawful permanent resident's
bigamy;
`(ii) the alien has been physically present in the United States for
a continuous period of not less than 3 years immediately preceding the
date of such application (and the issuance of a charging document for
removal proceedings shall not toll the 3-year period of continuous
physical presence in the United States);
`(iii) the alien has been a person of good moral character during
such period;
`(iv) the alien is not inadmissible under paragraph (2) or (3) of
section 212(a), is not deportable under paragraphs (1)(G) or (2) through
(4) of section 237(a), and has not been convicted of an aggravated
felony, unless the Attorney General waives application of this clause
pursuant to section 237(d) or for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest;
and
`(v) the removal would result in extreme hardship to the alien, the
alien's child, or the alien's parent.
In acting on applications under this paragraph, the Attorney General
shall consider any credible evidence relevant to the application. The
determination of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Attorney General. For
aliens who entered the country on fiance visas, failure to marry the
sponsor, or failure to marry the sponsor within 90 days as required under
section 101(a)(15)(K), shall not bar access to relief under this paragraph
to aliens who otherwise qualify.
`(B) INCLUSION OF OTHER ALIENS IN CANCELLATION OF REMOVAL
APPLICATIONS- An alien applying for relief under this paragraph may
include--
`(i) the alien's children, sons, or daughters in the alien's
application and, if the alien is found eligible for cancellation, the
Attorney General may adjust the status of the alien's children, sons,
daughters; or
`(ii) the alien's parent or child in the alien child's (as defined
in paragraph (1) or (6) of section 101(b)) application in the case of an
application filed by an alien who was abused by a citizen or lawful
permanent resident parent and, if the alien child is found eligible for
cancellation, the Attorney General may adjust the status of the alien
child applicant and the alien child's parent and child.
`(C) INCLUSION OF OTHER ALIENS IN SUSPENSION OF DEPORTATION
APPLICATIONS- An alien applying for relief under section 244(a)(3) (as in
effect before the date of the enactment of Illegal Immigration Reform and
Immigrant Responsibility Act of 1996) may include--
`(i) the alien's children, sons, or daughters in the alien's
application and, if the alien is found eligible for suspension, the
Attorney General may adjust the status of the alien's children, sons, or
daughters; or
`(ii) the alien's parent or child in the alien child's (as defined
in paragraph (1) or (6) of section 101(b)) application in the case of an
application filed by an alien who was abused by a citizen or lawful
permanent resident parent and, if the alien child is found eligible for
suspension, the Attorney General may adjust the status of the alien
child applicant and the alien child's parent and child.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
as if included in the enactment of section 304 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (division C of Public Law
104-208; 110 Stat. 587).
(c) TREATMENT OF FAMILY MEMBERS-
(1) IN GENERAL- Section 203(d) of the Immigration and Nationality Act (8
U.S.C. 1153(d)) is amended--
(A) by inserting `(1)' before `A spouse or child'; and
(B) by adding at the end the following:
`(2) A spouse, parent, or child as defined in paragraph (1) or (6) of
section 101(b) if not otherwise entitled to an immigrant status and immediate
issuance of a visa shall be entitled to attain lawful permanent resident
status if their spouse, parent, or child was granted such status pursuant to
section 240A(b)(2) or section 244(a)(3) (as in effect before the date of the
enactment of Illegal Immigration Reform and Immigrant Responsibility Act of
1996) by accompanying or following to join the spouse, child, or parent.'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take
effect as if included in the enactment of subtitle G of title IV of the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322;
108 Stat. 1953 et seq.).
SEC. 9. GOOD MORAL CHARACTER DETERMINATIONS.
(a) DETERMINATIONS OF GOOD MORAL CHARACTER FOR SELF-PETITIONING IMMEDIATE
RELATIVES- Section 204(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(A)), as amended by sections 7(c) and 4(a)(1), is further
amended by adding after clause (viii) at the end the following new clause:
`(ix) For the purposes of making good moral character determinations under
this subparagraph, the Attorney General is not limited by the criminal court
record and may make a finding of good moral character notwithstanding the
existence of a disqualifying act or criminal conviction in the case of an
alien who otherwise qualifies for relief under clause (iii), (iv), (v), or
(vi), but who committed, was arrested for, has been convicted of, or who pled
guilty to--
`(I) violating a court order issued to protect the alien;
`(II) prostitution if the alien was forced into prostitution by an
abuser;
`(III) a domestic violence-related crime, if the Attorney General
determines that the alien acted in self-defense; or
`(IV) a crime where there was a connection between the commission of the
crime and having been battered or subjected to extreme cruelty.'.
(b) DETERMINATIONS OF GOOD MORAL CHARACTER FOR SELF-PETITIONERS SEEKING
SECOND PREFERENCE IMMIGRATION STATUS- Section 204(a)(1)(B) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(B)), as amended by sections 7(d) and
4(a)(2), is further amended by adding after clause (vi) the following new
clause:
`(vii) For the purposes of making good moral character determinations
under this subparagraph, the Attorney General is not limited by the criminal
court record and may make a finding of good moral character notwithstanding
the existence of a disqualifying act or criminal conviction in the case of an
alien who otherwise qualifies for relief under clause (ii), (iii), or (iv),
but who committed, was arrested for, has been convicted of, or who pled guilty
to--
`(I) violating a court order issued to protect the alien;
`(II) prostitution if the alien was forced into prostitution by an
abuser;
`(III) a domestic violence-related crime, if the Attorney General
determines that the alien acted in self-defense; or
`(IV) a crime where there was a connection between the commission of the
crime and having been battered or subjected to extreme cruelty.'.
(c) DETERMINATIONS OF GOOD MORAL CHARACTER IN VAWA CANCELLATION OF REMOVAL
PROCEEDINGS- Section 240A(b)(2) of the Immigration and Nationality Act (8
U.S.C. 1229b(b)(2)), as amended by section 8(a), is further amended by adding
at the end the following new subparagraph:
`(D) GOOD MORAL CHARACTER DETERMINATIONS- For the purposes of making
good moral character determinations under this subsection, the Attorney
General is not limited by the criminal court record and may make a finding
of good moral character notwithstanding the existence of a disqualifying
act or criminal conviction in the case of an alien who has been battered
or subjected to extreme cruelty but who committed, was arrested for, has
been convicted of, or who pled guilty to--
`(i) violating a court order is sued to protect the
alien;
`(ii) prostitution if the alien was forced into prostitution by an
abuser;
`(iii) a domestic violence-related crime if the Attorney General
determines that the alien acted in self-defense; or
`(iv) committing a crime where there was a connection between the
commission of the crime and having been battered or subjected to extreme
cruelty.'.
(d) DETERMINATIONS UNDER SUSPENSION OF DEPORTATION- For the purposes of
making good moral character determinations under section 244(a)(3) of the
Immigration and Nationality Act (as in effect before the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996) (8 U.S.C.
1254(a)(3)), the Attorney General is not limited by the criminal court record
and may make a finding of good moral character notwithstanding the existence
of a disqualifying act or criminal conviction in the case of an alien who has
been battered or subjected to extreme cruelty but who committed, was arrested
for, has been convicted of, or who pled guilty to--
(1) violating a court order issued to protect the alien;
(2) prostitution if the alien was forced into prostitution by an
abuser;
(3) a domestic violence-related crime if the Attorney General determines
that the alien acted in self-defense; or
(4) committing a crime where there was a connection between the
commission of the crime and having been battered or subjected to extreme
cruelty.
SEC. 10. ECONOMIC SECURITY ACT FOR BATTERED IMMIGRANT WOMEN.
(a) NONAPPLICABILITY OF SPECIAL RULES RELATING TO THE TREATMENT OF
NON-213A ALIENS- Section 408(f)(6) of the Social Security Act (42 U.S.C.
608(f)(6)) is amended--
(1) in subparagraph (B), by striking `or' at the end;
(2) in subparagraph (C), by striking the period and inserting `; or';
and
(3) by adding at the end the following:
`(D) described in section 421(f) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(f)) but for the
fact that the individual is a non-213A alien.'.
(b) PUBLIC CHARGE- Section 212(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(4)) is amended by adding at the end the following new
subparagraph:
`(E) EXCEPTION- The following aliens are not subject to public charge
determinations under this paragraph:
`(i) An alien who qualifies for classification as a spouse, parent,
child, son, or daughter of a United States citizen or lawful permanent
resident under clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A)
or clause (ii), (iii), or (iv) of section 204(a)(1)(B).
`(ii) An alien who qualifies for classification under clause (i) or
(ii) of section 204(a)(1)(A) or section 204(a)(1)(B)(i) and who presents
credible evidence of having been battered or subjected to extreme
cruelty by their United States citizen or lawful permanent resident
spouse, parent, son, or daughter. In the case of alien sons or
daughters, one or more incidents of battering or extreme cruelty must
have occurred before the alien turned 21 years of age. This clause shall
apply whether or not an affidavit of support has been filed on the
alien's behalf.
`(iii) An alien who qualifies for status as a spouse, parent, child,
son, or daughter of a United States citizen or lawful permanent
resident, or as a parent of a child of a United States citizen or lawful
permanent resident, pursuant to section 240A(b)(2) or section 244(a)(3)
(as in effect before the date of enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996).
`(iv) Any child (as defined in paragraph (1) or (6) of section
101(b)) included in the application of an alien described in clause (i),
(ii), or (iii).'.
(c) WAIVER OF FILING FEES-
(1) PETITIONS FOR CLASSIFICATION- Section 204(a)(1) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)), as amended by section 7(c), is
further amended by adding at the end the following new subparagraph:
`(I) No fee shall be charged for the filing or processing of any
application under clause (iii), (iv), (v), or (vi) of subparagraph (A) or
clause (ii), (iii), or (iv) of subparagraph (B), or the first application for
work authorization filed by an applicant under such a clause.'.
(2) CANCELLATIONS OF REMOVAL- Section 240A(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1229b), as amended by section 9(c), is amended by
adding at the end the following new subparagraph:
`(E) PROHIBITION OF CHARGING FEES- No fee shall be charged for the
filing or processing of any application under this paragraph or the first
application for work authorization filed by applicants under this
paragraph.'.
(3) SUSPENSION OF DEPORTATION- No fee shall be charged for the filing or
processing of any application under section 244(a)(3) of the Immigration and
Nationality Act (as in effect before the date of enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996) (8 U.S.C.
1254(a)(3)), or the first application for work authorization filed by
applicants under such section.
(d) ACCESS TO FOOD STAMPS AND SSI FOR QUALIFIED BATTERED ALIENS- 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:
`(L) EXCEPTION FOR CERTAIN BATTERED ALIENS- With respect to
eligibility for benefits for the specified Federal program (as defined in
paragraph (3)), paragraph (1) shall not apply to any individual described
in section 431(c).'.
(e) EXEMPTION FROM 5-YEAR BAN- Section 403(b) of the Personal
Responsibility and Work Opportunity Act of 1996 (8 U.S.C. 1613(b)) is amended
by adding at the end the following:
`(3) BATTERED IMMIGRANTS- An alien described in section 431(c).'.
(f) ACCESS TO HOUSING FOR BATTERED WOMEN AND QUALIFIED IMMIGRANTS- (1)
Section 214 of the Housing and Community Development Act of 1980 (42 U.S.C.
1436a) is amended--
(A) in subsection (a), in the matter before paragraph (1), by striking
`a resident of the United States and is';
(B) in paragraphs (1) through (6) of subsection (a), by inserting `a
resident of the United States and is' before `an alien' each place it
appears;
(C) in subsection (a)(5), by striking `or' at the end;
(D) in subsection (a)(6), by striking the period and inserting `;
or';
(E) by adding at the end of subsection (a) the following new
paragraph:
`(7) a qualified alien as described in section 431 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641).';
(F) in subsection (b)(2), by adding at the end the following: `Proration
shall not apply in the case of a qualified
alien as described in section 431 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641).';
(G) in subsection (c)(1)(A), by adding at the end the following:
`Proration shall not apply in the case of a qualified alien as described in
section 431 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641).';
(H) in subsection (c)(1)(A), by striking `paragraphs (1) through (6)'
and inserting `paragraphs (1) through (7)';
(I) in subsection (c)(2)(A), by inserting `(other than a qualified alien
as described in section 431(c) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)))' after `any
alien'; and
(J) in subsection (d)(1)(B), by inserting before the period `, including
a qualified alien as described in section 431 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641)'.
(2) Section 401 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1611) is amended by adding at the end the
following new subsection:
`(d) ACCESS TO SHELTER AND SERVICES FOR BATTERED IMMIGRANTS-
Notwithstanding any other provision of law, no private, government, or
nonprofit organization providing shelter or services to battered women, abused
children, or providing any other services listed in subsection (b) that
receives any Federal funds shall deny, restrict, or condition assistance to
any applicant based on alienage.'.
(g) CLARIFYING WELFARE REPORTING REQUIREMENTS FOR BENEFIT APPLICANTS- The
Social Security Act (42 U.S.C. 301 et seq.) is amended--
(1) in section 411(a)(1) (42 U.S.C. 611(a)(1)), by adding at the end the
following new subparagraph:
`(C) INFORMATION ON IMMIGRATION STATUS- Collection of information
about, and inquiries into, the immigration status of an individual who is
a parent applying on behalf of his or her child who is a United States
citizen or a qualified alien (as defined in section 431 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996) for
assistance under the State program funded under this part, shall not be
made if the individual is not applying for benefits for themselves,
whether or not the individual is determined, under Federal or State law,
to be part of a family unit receiving assistance under that program.';
and
(2) in section 1631(e)(9) (42 U.S.C. 1383(e)(9)), by adding at the end
the following: `Collection of information about, and inquiries into, the
immigration status of an individual who is a parent applying on behalf of
his or her child who is a United States citizen or a qualified alien (as
defined in section 431 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996) for benefits under this title (or for benefits
supplemented by a State with an agreement under section 1616), shall not be
made if the individual is not applying for benefits for themselves, whether
or not the individual is determined, under Federal or State law, to be part
of a family unit receiving such benefits.'.
(h) CONFORMING DEFINITION OF `FAMILY' USED IN LAWS GRANTING WELFARE ACCESS
FOR BATTERED IMMIGRANTS TO STATE FAMILY LAW- Section 431(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641(c)) is amended--
(1) 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 or parent, 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
(2) 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),
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 or parent of the alien
(without the active participation of the alien in the battery or cruelty) or
by any person 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 parent received a protection order, or by
any individual against whom the alien could obtain a protection
order,'.
(i) EXPANSION OF DEFINITION OF BATTERED IMMIGRANTS-
(1) IN GENERAL- Section 431(c) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--
(A) in paragraphs (1)(A), (2)(A), and (3)(A) by inserting `or the
benefits to be provided would alleviate the harm from such battery or
cruelty or would enable the alien to avoid such battery or cruelty in the
future' before the semicolon; and
(B) in the matter following paragraph (3), by inserting `and for
determining whether the benefits to be provided under a specific Federal,
State, or local program would alleviate the harm from such battery or
extreme cruelty or would enable the alien to avoid such battery or extreme
cruelty in the future' before the period.
(2) CONFORMING AMENDMENT REGARDING SPONSOR DEEMING- Section 421(f) of
such Act (8 U.S.C. 1631(f)(1)) is amended--
(A) in subparagraph (A), by inserting `or would alleviate the harm
from such battery or extreme cruelty, or would enable the alien to avoid
such battery or extreme cruelty in the future' before the semicolon;
and
(B) in subparagraph (B), by inserting `or would alleviate the harm
from such battery or extreme cruelty, or would enable the alien to avoid
such battery or extreme cruelty in the future' before the period.
(j) ENSURING THAT BATTERED IMMIGRANTS HAVE ACCESS TO FOOD STAMPS AND
SSI-
(1) QUALIFYING QUARTERS- Section 435(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1645(2)) is
amended by striking `and the alien remains married to such spouse or such
spouse is deceased' and inserting `if such spouse is deceased or if the
alien remains married to such spouse (except that qualified aliens covered
by section 431(c) may continue after divorce to count the qualifying
quarters worked by their spouse during the marriage)'.
(2) FOOD STAMPS ACCESS FOR BATTERED IMMIGRANT QUALIFIED ALIENS AND THEIR
CHILDREN- Section 7 of the Food Stamp Act of 1977 (7 U.S.C. 2016) is amended
by adding at the end the following:
`(k) BATTERED IMMIGRANT QUALIFIED ALIEN ELIGIBILITY FOR FOOD STAMPS-
Qualified alien battered immigrants under section 431(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 and their
children are eligible to receive food stamps.'.
(k) TECHNICAL CORRECTIONS TO QUALIFIED ALIEN DEFINITION FOR BATTERED
IMMIGRANTS- Section 431(c)(1)(B) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)) is
amended--
(1) in clause (i), by striking `clause (ii), (iii), or (iv)' and
inserting `clause (ii), (iii), (iv), (v), or (vi)';
(2) in clause (ii), by striking `clause (ii) or (iii)' and inserting
`clause (i), (ii), (iii), or (iv)'; and
(3) by amending clause (iii) to read as follows:
`(iii) suspension of deportation under section 244(a)(3) of the
Immigration and Nationality Act (as in effect before the date of the
enactment of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996).'.
SEC. 11. ACCESS TO LEGAL REPRESENTATION AND SERVICES FOR BATTERED
IMMIGRANTS.
(a) CONSTRUCTION- Section 502 of the Departments of Commerce, Justice, and
State, the Judiciary and Related Agencies Appropriations Act, 1998 (Public Law
105-119; 111 Stat. 2511) is amended by adding at the end the following:
`(c) CONSTRUCTION- This section shall not be construed to prohibit a
recipient from--
`(1) using funds derived from a source other than the Legal Services
Corporation to provide related legal assistance (as that term is defined in
subsection (b)(2)) to any alien who has been battered or subjected to
extreme cruelty by a person with whom the alien has a relationship covered
by the domestic violence laws of the State in which the alien resides or in
which an incidence of violence occurred;
`(2) using Legal Services Corporation funds to provide related legal
assistance to any alien who has been battered or subjected to extreme
cruelty who qualifies for classification under clause (iii), (iv), (v), or
(vi) of section 204(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(A)), clause (ii), (iii), or (iv) of section 204(a)(1)(B)
of such Act (8 U.S.C. 1154(a)(1)(B)), or subsection (b)(2) of section 240A
of such Act (8 U.S.C. 1229b) or 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 (8 U.S.C. 1101 note).'.
(b) LAW ENFORCEMENT AND PROSECUTION GRANTS-
(1) Section 2001(b)(5) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796bb(b)(5)) is amended--
(A) by striking `to racial, cultural, ethnic, and language minorities'
and inserting `to underserved populations'; and
(B) by inserting `providing immigration assistance to victims of
domestic violence,' after `protection orders are granted,'.
(2) Section 2002 of such Act (42 U.S.C. 3796gg) is amended--
(A) in subsection (h)(1), by inserting before the period the
following: `, the demographics of underserved populations in the State and
details about the percentage of funding that went to serve which
underserved populations, the programs that received such funding, and the
involvement of programs serving underserved populations in the development
of the State plan under subsection (c)(2)';
(B) in subsection (d)(1)(D), by striking `age, marital status,
disability, race, ethnicity and language background' and inserting
`marital status and characteristics of any underserved
populations';
(i) by striking `and' at the end of paragraph (2),
(ii) by striking the period at the end of paragraph (3) and
inserting `; and', and
(iii) by adding at the end the following:
`(4) in the case of a State, Indian tribal government, or unit of local
governments applying as subgrantee for a grant under this section, a
certification that its laws or official policies comply with each of the
provisions of section 2101(c).
The requirements of paragraph (4) do not apply to a nonprofit,
nongovernmental entity that is applying for grants under this section.';
and
(D) by adding at the end the following new subsection:
`(i) REPORT ON SERVICES FOR UNDERSERVED POPULATIONS- The Violence Against
Women Grants Office in the Department of Justice shall submit to Congress, not
later than 1 year after the date of the enactment of this subsection, a report
that contains the following information:
`(1) The quantity and percentage of funding awarded to serve underserved
populations by each State under each of the following:
`(A) Grants to combat violent crimes against women under section
2001.
`(B) Grants to encourage arrest under section 2101.
`(C) Rural domestic violence and child abuse enforcement assistance
grants under section 40295(a)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322, 42 U.S.C.
13971(a)(2)).
`(D) Civil legal assistance grants under title I of the Department of
Justice Appropriations Act, 1999.
`(E) Campus domestic violence grants under section 826 of the Higher
Education Amendment Act of 1998 (Public Law 105-244; 20 U.S.C.
1152).
`(2) The percentage of each underserved population in the demographic
make up of each State compared to the amount of funding aimed at addressing
the needs of that underserved population.
`(3) The extent to which grants to provide services to underserved
populations are awarded to programs with experience and history working with
underserved populations of battered women or sexual assault victims, to
programs that have bilingual or bicultural staff, and to collaborations
between domestic violence or sexual assault programs and programs
experienced in serving particular underserved populations and to other
grantees.
`(4) The extent to which nonprofit, nongovernmental victim service
organizations with experience serving various underserved populations of
battered women and sexual assault or stalking victims were consulted in the
development of the State plan under section 2001(c)(2), the application
under section section 2102(a)(4), or the community cooperation referred to
in section 40295(a)(3) of the Violent Crime Control and Law Enforcement Act
of 1994 (Public Law 103-322, 42 U.S.C. 13971(a)(3)).'.
(3) Section 2003(7) of such Act (42 U.S.C. 3796gg-2(7)) is amended to
read as follows:
`(7) the term `underserved populations' includes populations underserved
because of race, ethnicity, age, disability, sexual orientation, religion,
alienage status, geographic location (including rural isolation), language
barriers, and any other populations determined to be underserved in the
State planning process; and'.
(4) Section 2004(b)(3) of such Act (42 U.S.C. 3796gg-3(b)(3)) is amended
by striking all that follows `relationship of victim to the offender' and
inserting `and the membership of persons served in any underserved
populations; and'.
(c) GRANTS TO ENCOURAGE ARRESTS-
(1) Section 2101 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796hh) is amended--
(A) in subsection (b)(5), by inserting before the period the
following: `, including strengthening legal advocacy for domestic violence
victims in immigration cases';
(i) by striking `and' at the end of paragraph (3);
(ii) by striking the period at the end of paragraph (4) and
inserting a semicolon; and
(iii) by adding at the end the following new paragraphs:
`(5) certify that their laws, policies, and practices require issuance
of protection orders that are jurisdictionally sound and that all protection
orders are issued after a finding, after an admission by the abuser, or
based on the facts in the victim's petition that are uncontested by the
abuser; and
`(6) certify that their laws, policies, and practices--
`(A) keep locational information and services provided to victims of
domestic violence confidential and comply with all State and Federal laws
and rules of professional practice regarding confidentiality;
`(B) guarantee that information is not released to any person without
the express permission of the abuse victim, except when such information
is required for a legitimate law enforcement purpose unrelated to the
victim's abuser; and
`(C) assure that locational information about a victim or the services
obtained by a victim are not considered a matter of public record.';
and
(C) by adding at the end the following new subsection:
`(d) ADDITIONAL PROVISIONS- (1) The requirements of subsection (c) do not
apply to nonprofit, nongovernmental entities applying for grants under this
section.
`(2) All grantees and subgrantees of grants in effect on the date of the
enactment of this subsection or submitting new applications for funding after
such date that are States, Indian tribal governments, or units of local
government shall submit a certification by the chief executive officer of the
State, tribal government, or local government entity that the conditions of
subsections (c)(5) and (c)(6) are met (or will be met) not later than the date
on which the next session of the State or Indian tribal legislature ends, but
in no case later than 2 years after such date of enactment.
`(3) Failure by a grantee to comply with the certifications contained in
paragraphs (1) thorough (6) of subsection (c) may result in suspension or
revocation of funding. Once a grantee
or subgrantee has been notified that its funding will be revoked, they shall
be granted 6 months to bring their laws, policies, or practices into compliance
before the revocation takes effect. Any funds that are not distributed to
grantees or are removed from grantees under this paragraph shall be distributed
to other eligible entities within the State. For grants under section 2002, the
funds are to be redistributed first to entities within the same formula category
and then, if there are no eligible entities within the same formula category, to
other eligible entities without regard to the formula.'.
(2) Section 2103 of such Act (42 U.S.C. 3796hh-2) is amended by adding
at the end the following: `Each report shall include information about the
demographics of underserved populations in the State and details about the
percentage of funding that went to serve which underserved populations, the
programs that received such funding, and the involvement of programs serving
underserved populations in the community participation described in section
2102(a)(4).'.
(d) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT GRANTS- Section
40295 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law
103-322, 108 Stat. 1953, 42 U.S.C. 13971(aa)(2)) is amended--
(1) by amending subsection (a)(2) to read as follows:
`(2) to provide treatment, counseling, and legal assistance to victims
of domestic violence and child abuse, including assistance to victims in
immigration matters; and'; and
(2) by adding at the end the following new subsections:
`(d) APPLICATION REQUIREMENTS- States, Indian tribal governments, and
units of local government applying for grants under this section must certify
that their laws, policies, and practices comply with each of the provisions of
section 2101(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796hh(c)).
`(e) GRANTEE REPORTING- Upon completion of the grant period under this
part, a State or Indian tribal grantee shall file a performance report with
the Attorney General. The report shall explain the activities carried out and
shall evaluate the effectiveness of projects developed with the funds provided
under the grant. The report shall include information about the demographics
of underserved populations in the State and details about the percentage of
funding that went to serve which underserved populations, the programs that
received such funding, and the involvement of programs serving underserved
populations in the community cooperation in subsection (a)(3).',
(e) FAMILY VIOLENCE PREVENTION AND SERVICES ACT-
(1) Section 303(a)(2)(C) of the Family Violence Prevention and Services
Act (42 U.S.C. 10402(c)(2)(C)) is amended by striking `populations
underserved because of ethnic, racial, cultural, language diversity or
geographic isolation' and inserting `populations underserved because of
race, ethnicity, age, disability, sexual orientation, religion, alienage
status, geographic location (including rural isolation), language barriers,
and any other populations determined to be underserved'.
(2) Section 311(a)(4) of such Act (42 U.S.C. 10410(a)(4)) is amended by
striking `underserved racial, ethnic or language-minority populations' and
inserting `underserved populations as the term is used in section
303(a)(2)(C)'.
(3) Section 303(a)(4) of such Act (42 U.S.C. 10402(a)(4)) is amended by
inserting after the first sentence the following: `This performance report
shall include information about the demographics of underserved populations
in the State and details about the percentage of funding that went to serve
which underserved populations, the programs that received such funding, and
the involvement of programs serving underserved populations in the
procedures described in subsection (a)(2)(C).'.
(4) Section 303 of such Act (42 U.S.C. 10402) is further amended by
adding at the end the following new subsection:
`(g) The Secretary shall submit to Congress, not later than 1 year after
the date of the enactment of this subsection, a report that contains the
following information:
`(1) The quantity and percentage of funding awarded to serve underserved
populations by each State under programs funded under this Act.
`(2) The percentage of each underserved population in the demographic
make up of each State compared to the amount of funding aimed at addressing
the needs of that underserved population.
`(3) The extent to which grants to provide services to underserved
populations are awarded to programs with experience and history working with
underserved populations of battered women or sexual assault victims, to
programs that have bilingual or bicultural staff, and to collaborations
between domestic violence or sexual assault programs and programs
experienced in serving particular underserved populations and to other
grantees.
`(4) The extent to which nonprofit, nongovernmental victim service
organizations with experience serving various underserved populations of
battered women and sexual assault or stalking victims were involved in the
procedures described in subsection (a)(2)(C).'.
(f) CIVIL LEGAL ASSISTANCE- Title I of the Department of Justice
Appropriations Act, 1999 (contained within the Omnibus Consolidated and
Emergency Supplemental Appropriations Act of 1999 (Public Law 105-277)) is
amended, under the heading of `Office of Justice Programs, State and Local Law
Enforcement Assistance', by striking the period at the end and inserting the
following: `, of which $206,750,000 shall be available for Grants To Combat
Violence Against Women, to States, units of local government, and Indian
tribal governments, as authorized by section 1001(a)(18) of said Act,
including $23,000,000 which shall be used exclusively for the purpose of
strengthening civil legal assistance programs for victims of domestic
violence. Civil legal assistance under this heading includes (but is not
limited to) legal assistance to victims of domestic violence, stalking or
sexual assault in divorce, custody, child support, protection orders,
immigration, public benefits, housing, consumer law and any other legal matter
that will further the health, safety, and economic well-being of victims of
domestic violence, stalking, or sexual assault.'.
(g) CAMPUS DOMESTIC VIOLENCE GRANTS- Section 826 of the Higher Education
Amendments of 1998 (Public Law 105-244; 20 U.S.C. 1152) is amended--
(1) in subsection (b)(5), by inserting before the period at the end the
following: `, including legal assistance to victims in civil, criminal,
administrative, immigration, or disciplinary matters'; and
(2) in subsection (c)(2)(C), by striking `and number of students' and
inserting `number of students, and services being offered to various
underserved populations (as such term is defined in section 2003(7) of the
Omnibus Crime Control and Safe Streets Act of 1968);'.
(h) STATE JUSTICE INSTITUTE GRANTS- Section 206(c) of the State Justice
Institute Act of 1984 (42 U.S.C. 10705(c)) is amended--
(1) by redesignating paragraph (15) as paragraph (16); and
(2) by inserting after paragraph (14) the following new paragraph:
`(15) to support studies and investigate and carry out research on
issues of battering and extreme cruelty against non-citizens, including the
ramifications of the immigration provisions of the Violence Against Women
Act of 1994 and subsequent immigration law reforms on the ability of victims
to access civil, family, and criminal courts and the immigration
consequences of civil, family, and criminal court actions; and'.
SEC. 12. VIOLENCE AGAINST WOMEN ACT TRAINING FOR INS OFFICERS, IMMIGRATION
JUDGES, AND CIVIL AND CRIMINAL COURT JUSTICE SYSTEM PERSONNEL.
(a) VIOLENCE AGAINST WOMEN-
(1) MILITARY TRAINING CONCERNING DOMESTIC VIOLENCE- The Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by
inserting after section 2006 (42 U.S.C. 3796gg-5) the following new
section:
`SEC. 2007. MILITARY TRAINING CONCERNING DOMESTIC VIOLENCE.
`Each branch of the United States military is required to train its
supervisory military officers on domestic violence, the dynamics of domestic
violence in military families, the types of protection available for battered
immigrant women and children abused by their United States citizen or lawful
permanent resident spouse or parent under the Violence Against Women Act of
1994, and the problems of domestic violence in families in which a United
States citizen or lawful permanent resident member of the military is married
to a non-United States citizen.'.
(2) INS TRAINING- Section 2001 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3795gg) is amended--
(A) in subsection (a), by inserting `the Immigration and
Naturalization Service and the Executive Office of Immigration Review,'
after `Indian tribal governments,';
(B) in subsection (b)(1), by inserting `, immigration and asylum
officers, immigration judges,' after `law enforcement officers';
and
(i) by striking `and' at the end of paragraph (6),
(ii) by striking the period at the end of paragraph (7) and
inserting `; and', and
(iii) by adding at the end the following new paragraph:
`(8) training justice system personnel on the immigration provisions of
the Violence Against Women Act of 1994 and their ramifications for victims
of domestic violence appearing in civil and criminal court proceedings and
potential immigration consequences for the perpetrators of domestic
violence.'.
(b) EFFECT ON OTHER GOALS- Section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) is amended by adding at the end the
following:
`(11) Congress finds that public policy favors encouraging the prosecution
of criminals; and therefore, nothing in this section may be construed to
discourage crime victims, including domestic violence victims, from
cooperating with law enforcement officials and prosecutors, including
reporting of crimes committed against them to police, from cooperating in
criminal prosecutions, or from seeking from courts protection orders or other
legal relief available under State or Federal laws needed to protect crime
victims from ongoing violence.'.
(c) REPORT- Not later than 6 months after the date of the enactment of
this Act, the Attorney General shall submit a report to the Committees on the
Judiciary of the Senate and House of Representatives on--
(1) the number of and processing times for petitions under clauses (iii)
and (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(A)) and under clauses (ii) and (iii) of section
204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)) at district offices of the
Immigration and Naturalization Service and at the regional office of the
Service in St. Albans, Vermont;
(2) the policy and procedures of the Immigration and Naturalization
Service by which an alien who has been battered or subjected to extreme
cruelty who is eligible for suspension of deportation or cancellation of
removal can place such alien in deportation or removal proceedings so that
such alien may apply for suspension of deportation or cancellation of
removal, the number of requests filed at each district office under this
policy, and the number of these requests granted, reported separately for
each district; and
(3) the average length of time at each Immigration and Naturalization
office between the date that an alien who has been subject to battering or
extreme cruelty eligible for suspension of deportation or cancellation of
removal requests to be placed in deportation or removal proceedings and the
date that immigrant appears before an immigration judge to file an
application for suspension of deportation or cancellation of removal.
SEC. 13. PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING CRIMES AGAINST
WOMEN.
(a) FINDINGS AND PURPOSE-
(A) Trafficking of humans, particularly women and children, is
denounced by the international community as an egregious human rights
violation perpetuated increasing by organized and sophisticated criminal
enterprises.
(B) Trafficking to place persons in forced labor, servitude, or in
slavery-like conditions has been identified as a multinational crime
problem of growing severity with increasing ties to internal organized
crime. Traffickers recruit and transport persons, especially women and
children, to the United States in order to exploit them under horrific
conditions through the use of force, violence, debt bondage, or other
coercive tactics.
(C) Similarly, immigrant women and children are often targeted to be
victims of crimes committed against them in the United States, including
rape, torture, incest, battery or extreme cruelty, sexual assault, female
genital mutilation, forced prostitution, being held hostage or other
violent crimes. All women and children who are victims of trafficking,
domestic violence, sexual assault, being held hostage, and other human
rights violations committed against them in the United States must be able
to report these crimes to law enforcement and fully participate in the
criminal prosecution of their abusers.
(A) The purpose of this section is to create a new nonimmigrant visa
classification that will strengthen the ability of law enforcement
agencies to detect, investigate, and prosecute cases of trafficking of
aliens, while offering protection to victims of such offenses in keeping
with the humanitarian interests of the United States.
(B) Creating a new nonimmigrant visa classification will facilitate
the reporting of violations to law enforcement officials by exploited
aliens who are not in a lawful immigration status. It also gives law
enforcement officials a means to regularize the status of cooperating
individuals during investigations, prosecutions, and civil law enforcement
proceedings. By providing temporary legal status to aliens who have been
severely victimized by trafficking or similar egregious offenses, it also
reflects the humanitarian interests of the United States.
(C) Finally, this section gives the Attorney General discretion to
convert such nonimmigrants to permanent resident status when it is
justified on humanitarian grounds, to assure family unity, or when it is
otherwise in the public interest.
(b) ESTABLISHMENT OF HUMANITARIAN/MATERIAL WITNESS NONIMMIGRANT
CLASSIFICATION- Section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) is amended--
(1) by striking `or' at the end of subparagraph (R);
(2) by striking the period at the end of subparagraph (S) and inserting
`; or'; and
(3) by adding at the end the following new subparagraph:
`(T) subject to section 214(m), an alien (and the spouse, children, and
parents of the alien if accompanying or following to join the alien) who
files an application for status under this subparagraph, if the Attorney
General determines that--
`(i) the alien possesses material information concerning criminal or
other unlawful activity;
`(ii) the alien is willing to supply or has supplied such information
to Federal or State law enforcement officials or a Federal or State
administrative agency investigating or bringing an enforcement
action;
`(iii) the alien would be helpful, were the alien to remain in the
United States, to a Federal or State investigation or prosecution of
criminal or other unlawful activity; and
`(iv) the alien (or a child of the alien) has suffered substantial
physical or mental abuse as a result of the criminal or other unlawful
activity.'.
(c) CONDITIONS FOR ADMISSION-
(1) NUMERICAL LIMITATIONS, PERIOD OF ADMISSION, ETC- Section 214 of such
Act (8 U.S.C. 1184) is amended by adding at the end the following new
subsection:
`(m)(1) The number of aliens who may be provided a visa as nonimmigrants
under section 101(a)(15)(T) in any fiscal year may not exceed 2,000.
`(2) The period of admission of an alien as such a nonimmigrant may not
exceed 3 years and such period may not be extended.
`(3) As a condition for the admission (or the provision of status), and
continued stay in lawful status, of an alien as such a nonimmigrant, the
alien--
`(A) may not be convicted of any criminal offense punishable by a term
of imprisonment of 1 year or more after the date of such admission (or
obtaining such status); and
`(B) shall abide by any other condition, limitation, or restriction
imposed by the Attorney General.
`(4) The provisions of section 204(a)(1)(H) shall apply to applications to
obtain nonimmigrant status under section 101(a)(15)(T). Credible evidence to
meet the conditions described in clauses (i), (ii), or (iii) of section
101(a)(15)(T) may include certification from a Federal or State law
enforcement officer or prosecutor or a Federal or State official responsible
for bringing enforcement actions that the alien is willing to cooperate or has
cooperated in a criminal or civil court action or investigation or Federal or
State administrative agency enforcement action or investigation.'.
(2) PROHIBITION OF CHANGE OF NONIMMIGRANT CLASSIFICATION- Section 248(1)
of such Act (8 U.S.C. 1258(1)) is amended by striking `or (S)' and inserting
`(S), or (T)'.
(d) ADJUSTMENT TO PERMANENT RESIDENT STATUS-
(1) IN GENERAL- Section 245 of such Act (8 U.S.C. 1255) is amended by
adding at the end the following new subsection:
`(l)(1) The Attorney General may adjust the status of an alien admitted
into the United States (or otherwise provided nonimmigrant status) under
section 101(a)(15)(T) (and a spouse, child, or parents admitted under such
section) to that of an alien lawfully admitted for permanent residence if--
`(A) in the opinion of the Attorney General, the alien's continued
presence in the United States is justified on humanitarian grounds, to
assure family unity, or is otherwise in the public interest; and
`(B) the alien is not described in subparagraph (A)(i)(I), (A)(ii),
(A)(iii), (C), or (E) of section 212(a)(3).
`(2) Upon the approval of adjustment of status under paragraph (1), the
Attorney General shall record the alien's lawful admission for permanent
residence as of the date of such approval and the Secretary of State shall
reduce by one the number of visas authorized to be issued under sections
201(d) and 203(b)(4) for the fiscal year then current.'.
(2) EXCLUSIVE MEANS OF ADJUSTMENT- Section 245(c)(5) of such Act (8
U.S.C. 1255(c)(5)) is amended by striking `sections 101(a)(15)(S),' and
inserting `subparagraph (S) or (T) of section 101(a)(15)'.
SEC. 14. ACCESS TO CUBAN ADJUSTMENT FOR BATTERED IMMIGRANT SPOUSES AND
CHILDREN.
(a) IN GENERAL- The last sentence of the first section of Public Law
89-732 (November 2, 1966; 8 U.S.C. 1255 note) is amended by striking the
period at the end the following: `, except that such spouse or child who has
been battered or subjected to extreme cruelty may adjust to permanent resident
status under this Act without demonstrating that he or she is residing with
the Cuban spouse or parent in the United States. In acting on applications
under this section with respect to spouses or children who have been battered
or subjected to extreme cruelty, the Attorney General shall apply the
provisions of section 204(a)(1)(H) of the Immigration and Nationality
Act.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall be
effective as if included in subtitle G of title IV of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1953 et
seq.).
SEC. 15. ACCESS TO THE NICARAGUAN AND CENTRAL AMERICAN RELIEF ACT FOR
BATTERED SPOUSES AND CHILDREN.
Section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, as amended by section 203(a)(1) of the Nicaraguan
Adjustment and Central American Relief Act (title II of Public Law 105-100,
111 Stat. 2196) is amended--
(1) by striking `or ' at the end of subclause (IV);
(2) by striking the period at the end of subclause (V) and inserting a
semicolon; and
(3) by adding at the end the following:
`(VI) is, at the time of filing of an application under subclause
(I), (II), (V), or (VI) of this clause, the spouse or child (as
defined in paragraph (1) or (6) of section 101(b) of the Immigration
and Nationality Act, 8 U.S.C. 1101(b)) of an individual described in
subclause (I), (II) or (V) of this clause and the spouse, child, or
child of the spouse has been battered or subjected to extreme cruelty
by the individual described in subclause (I), (II), or (V);
or
`(VII) is, at the time of filing of an application under subclause
(I), (II), (V), or (VII) of this clause, the unmarried son or daughter
of an individual described in subclause (I), (II) or (V) of this
clause who has been battered or subjected to extreme cruelty by the
parent described in subclause (I), (II), or (V) and, in the case of a
son or daughter who is 21 years of age or older at the time the
decision is rendered to suspend the deportation or cancel the removal
of the son or daughter, the son or daughter must have entered the
United States on or before October 1, 1990.
In acting on a petition filed under subclause (VI) or (VII), the
provisions set forth in section 204(a)(1)(H) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(H)) shall apply.'.
SEC. 16. ACCESS TO THE HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998 FOR
BATTERED SPOUSES AND CHILDREN.
Section 902(d)(1) of the Haitian Refugee Immigration Fairness Act of 1998
(title IX of the Treasury and General Government Appropriations Act, 1999,
contained in Public Law 105-277) is amended--
(1) by amending subparagraph (B) to read as follows:
`(B)(i)(I) the alien is the spouse, child, or unmarried son or
daughter, of an alien whose status is adjusted to that of an alien
lawfully admitted for permanent residence under subsection (a), or (II) at
the time of filing of the application for adjustment of status under
subsection (a) or this subsection the alien is the spouse, child, or
unmarried son or daughter of an alien whose status is adjusted to that of
an alien lawfully admitted for permanent residence under subsection (a)
and the spouse, child, son, daughter or child of the spouse has been
battered or subjected to extreme cruelty by the individual described in
subsection (a); and
`(ii) in the case of such an unmarried son or daughter, the son or
daughter shall be required to establish that he or she has been physically
present in the United States for a continuous period beginning not later
than December 31, 1995, and ending not earlier than the date the
application for such adjustment is filed;'; and
(2) by adding after and below subparagraph (D) the following:
`In acting on an application filed under this section for an individual
described in subparagraph (B)(i)(II), the provisions set forth in section
204(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H))
shall apply.'.
END