Sec. 301. VAWA Confidentiality improvements
1,554 words·~7 min read·
/bill/113/hr/629/ih/section-301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Illegal Immigration Reform and Immigration Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1367(a) ) is amended by striking section 384. Section 239(e)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1229(e)(1) ) is amended by striking section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( and inserting 8 U.S.C. 1367 ) section 245B . The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 245A the following: Except as provided in subsection
(c)of this section, enforcement official may not— make an adverse determination, using information furnished by a VAWA perpetrator, on— admissibility of an alien, deportability of an alien, detention of an alien, any application for immigration relief of an alien, or whether or not to initiate an enforcement action against an alien, unless the alien has been convicted of a crime or crimes listed in section 237; or permit use by or disclosure to anyone (other than a sworn officer or employee of the Department, or bureau or agency thereof, for legitimate Department, bureau, or agency purposes) of any information which relates to an alien who is the beneficiary of an application for relief under— paragraph (15)(T), (15)(U), or
(51)of section 101(a); section 106; section 240A(b)(2); section 287(h); or section 244(a)(3) (as in effect prior to March 31, 1997). Notwithstanding section 552 of title 5, United States Code, the limitation under paragraph
(2)ends when the application for relief is denied and all opportunities for appeal of the denial have been exhausted. The Attorney General may provide, in the Attorney General's discretion, for the disclosure of information in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13, United States Code. The Attorney General may provide in the discretion of the Attorney General for the disclosure of information to Federal law enforcement officials to be used solely for a legitimate law enforcement purpose. Subsection
(a)of this section shall not be construed as preventing disclosure of information in connection with judicial review of a determination in an immigration case described in subsection
(a)of an alien protected by this section in a manner that protects the confidentiality of such information. Subsection (a)(2) of this section shall not apply if all the battered individuals in the case are adults and they have all waived the restrictions of such subsection. The Attorney General and the Secretary of Homeland Security are authorized to disclose information, to Federal, State, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits pursuant to section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)), in a manner that protects the confidentiality of such information. Subsection
(a)of this section may not be construed to prevent the Attorney General and the Secretary of Homeland Security from disclosing to the chairmen and ranking members of the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives, for the exercise of congressional oversight authority, information on closed cases under this section in a manner that protects the confidentiality of such information and that omits personally identifying information (including locational information about individuals). Government entities adjudicating applications for relief under subsection (a)(2) of this section, and government personnel carrying out mandated duties under section 101(i)(1), may, with the prior written consent of the alien involved, communicate with nonprofit, nongovernmental victims' service providers for the sole purpose of assisting victims in obtaining victim services from programs with expertise working with immigrant victims. Agencies receiving referrals are bound by the provisions of this section. Nothing in this paragraph shall be construed as affecting the ability of an applicant to designate a safe organization through whom governmental agencies may communicate with the applicant. Anyone who knowingly uses, publishes, or permits information to be disclosed in violation of this section or who knowingly makes a false certification under section 239(e) shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than $5,000 for each such violation. The Attorney General and the Secretary of Homeland Security shall provide guidance to officers and employees of the Department of Justice or the Department of Homeland Security who have access to information covered by this section regarding the provisions of this section, including the provisions to protect victims of domestic violence from harm that could result from the inappropriate disclosure of covered information. When information is furnished by a VAWA perpetrator, the Federal, State, or local agency receiving the information shall, within 24 hours, provide to the alien to whom the information pertains informational materials about eligibility for relief under sections 101(a)(51), 101(a)(15)(T), 101(a)(15)(U), 287(h), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1997) along with referrals to local victim services agencies. In this section: The term enforcement officer means— the Attorney General; the Secretary of Homeland Security; the Secretary of State; any other official or employee of the Department of Homeland Security, the Department of Justice, or the Department of State (including any bureau or agency of either of any such Department); or any other State or Federal Government officer or employee. The term VAWA perpetrator means, with regard to an alien— a spouse, parent, son, or daughter who has battered the alien or subjected the alien to extreme cruelty; a member of the family of the spouse, parent, son, or daughter of the alien, who has battered the alien or subjected the alien to extreme cruelty; a spouse, parent, son, or daughter of the alien who has battered the alien's child or subjected the alien's child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty); a member of the family of the spouse, parent, son, or daughter of the alien who has battered the alien's child or subjected the alien's child to extreme cruelty when the spouse, parent, son, or daughter consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty; in the case of an alien subjected to criminal activities listed in section 101(a)(15)(U)(iii), or an alien applying for status under section 101(a)(15)(U), the perpetrator of the criminal activity; in the case of an alien subjected to a severe form of human trafficking or applying for status— under section 101(a)(15)(T), under section 7105(b)(1)(E)(i)(II)(bb) of title 22, United States Code, under section 244(a)(3) of this Act (as in effect prior to March 31, 1999), or as a VAWA self-petitioner (as defined in section 101(a)(51)), the trafficker or perpetrator; or in the case of an alien who is— a VAWA self petitioner (as defined in section 101(a)(51)), or an alien described in section 106, 240A(b)(2), 287(h), or 244(a)(3) (as in effect on March 31, 1997), a spouse, parent, son or daughter of the alien or a member of the family of such spouse, parent, son or daughter who battered the alien (or the alien’s child) or subjected the alien (or the alien’s child) to battering or extreme cruelty. . Section 239(e) of the Immigration and Nationality Act ( 8 U.S.C. 1229(e) ) is amended— in paragraph (1), by inserting after an alien at the following: or within 500 yards of ; and in paragraph (2)(A), by inserting after supervised visitation center the following: hospital, Federally qualified health center, governmental and nongovernmental child, elder and adult protective services agency, school and head start program, religious or faith-based organization . Section 101(a)(51) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(51) ) is amended— in subparagraph (F), by striking or at the end; in subparagraph (G), by striking the period at the end and inserting the following: ; ; and by adding at the end the following: section 106; and special immigrant juveniles described in section 287(h). .
(g)agreements Section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ) is amended by adding at the end the following: All agreements (new or renewed) under this subsection executed by the Attorney General after the date of enactment of this subparagraph shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall, as a term of the agreement— comply with policies, procedures and practices established by that State or subdivision that are publicized in the jurisdictions the officer or employee serves; issue certifications for non-citizen victims under section 101(a)(15)(U); and comply with and not violate the requirements of section 245B in the same manner and subject to the same sanctions as an employee of the Department of Homeland Security. Not later than 180 days after entering into an agreement under this subsection, and annually thereafter, the State or subdivision shall report to the Department of Homeland Security the following— the number of requests for certification under section 101(a)(15)(U); the number of U-visa certifications issued; the number of T-visa endorsements requests received; and the number of T-visa certifications issued. The Secretary of Homeland Security shall submit an annual report to Congress listing the name of each State or subdivision and the information provided under subparagraph (B). .
Connectionstraces to 5
1 reference not yet in our index
- Pub. L. 104-208
Citation graph
cites case law
Sec. 301
VAWA Confidentiality improvements
Pub. L.Pub. L. 104-208
Cites 6Cited by 0 across 0 sources