Sec. 201. Employment authorization for immigrant victims
385 words·~2 min read·
/bill/113/hr/629/ih/section-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds as follows: Congress created immigration protections for immigrant victims of domestic violence, sexual assault, stalking, dating violence, human trafficking, and other crime victims for two important purposes—to facilitate prosecution of perpetrators and to enhance victim safety. The safety of immigrant victims applying for protection under the Violence Against Women Act or the Trafficking Victims Protection Act is undermined when government agencies delay in providing legal work authorization.
Immigrant victims’ ability to seek help and to cooperate in the detection, investigation or prosecution crimes committed against them is enhanced when victims can work lawfully and sever their economic dependence on the perpetrator. When victims know that they will receive legal work authorization within 180 days of filing their for victim related immigration relief, victims and their advocates can develop safety plans that will focus on steps the victim can take to keep herself and her children safe during the work authorization waiting period.
This can include stays in an emergency shelter and transitional housing, obtaining legal custody of her children and learning skills that will enhance her employability. The economic stability that comes from the ability to work lawfully in the United States reduces victims’ vulnerability to abuse, exploitation and coercion from crime perpetrators. Congress in VAWA 2000 and VAWA 2005 took steps to encourage DHS to grant immigrant crime victims swift access to legal work authorization.
However, as of 2011 73.9% of VAWA self-petitioners and 93.9% of U-visa applicants endure delays of longer than 6 months before receiving legal work authorization. Of these many wait well over a year after filing before receiving work authorization—36.7% of VAWA self-petitioners and 32% of U-visa applicants. These delays harm criminal prosecutions and endanger victims and their children. Section 204(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a) ) is amended by adding at the end the following:
Notwithstanding any provision of this Act restricting eligibility for employment in the United States, the Secretary of Homeland Security may grant employment authorization to an alien who has filed a petition for status as a VAWA self-petitioner or a nonimmigrant described in section 101(a)(15)(U) on the date that is the earlier of— the date the alien’s petition for such status is approved; or 180 days after the date the alien filed a petition for such status. .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 201
Employment authorization for immigrant victims
Cites 1Cited by 0 across 0 sources