Sec. 801. Annual report on immigration applications made by victims of abuse
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Not later than December 1, 2013, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes the following: The number of aliens who— submitted an application for nonimmigrant status under paragraph (15)(T)(i), (15)(U)(i), or
(51)of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) during the preceding fiscal year; were granted such nonimmigrant status during such fiscal year; or were denied such nonimmigrant status during such fiscal year. The mean amount of time and median amount of time to adjudicate an application for such nonimmigrant status during such fiscal year. The mean amount of time and median amount of time between the receipt of an application for such nonimmigrant status and the issuance of work authorization to an eligible applicant during the preceding fiscal year. The number of aliens granted continued presence in the United States under section 107(c)(3) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(c)(3) ) during the preceding fiscal year. A description of any actions being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing, of an application described in paragraph
(1)or a request for continued presence referred to in paragraph (4). The numbers of adjudicators and managers working in the VAWA Unit, the length each has served on the unit, and the years of experience each has on domestic violence, sexual assault, human trafficking and crime victimization issues. A description of the training VAWA Unit adjudicators and managers received that fiscal year on domestic violence, sexual assault, human trafficking and crime victimization and VAWA confidentiality issues. A description of the training Immigration and Customs Enforcement and Customs and Boarder Patrol enforcement agents and Immigration and Custom’s Enforcement trial attorneys and chief counsel mandatorily receive and optionally receive on— VAWA confidentiality; screening to identify immigrants eligible for— humanitarian release; favorable exercise of prosecutorial discretion; or U visas, T visas, and VAWA self-petitions or other forms of VAWA confidentiality protected relief; the Department of Homeland Security broadcast message on VAWA confidentiality and the Central Index System’s new 384 class of admission code; U-visa certification and T-visa endorsement by Department of Homeland Security officials and State law enforcement; and collaboration with local law enforcement and victim services programs on VAWA self-petitioning, VAWA cancellation of removal, U-visa and T-visa cases. The number of VAWA confidentiality violation complaints filed including— the data on the types of complaints filed; each division in which the employee works against whom the complaint was filed; the outcome, including any action taken on the complaint; the mean and median time between receipt of the complaint and culmination of action on the complaint; and the report shall not include any personally identifying information about the complainant, the person against whom the complaint was filed, or any witnesses. The degree of compliance with the Prison Rape Elimination Act of 2003, as amended by this Act, achieved by each detention facility operated by the Department of Homeland Security and each detention facility operated under contract with the Department during the preceding fiscal year. The number of reports alleging sexual abuse filed at each detention facility operated by the Department of Homeland Security and each detention facility operated under contract with the Department during the preceding fiscal year, including an indication of the number of reports sustained at each facility. Not later than December 1, 2012, and annually thereafter, the Legal Services Corporation shall submit a report to the Senate Committee on the Judiciary and the House Committee on the Judiciary identifying the following: Steps taken to consult with and include programs serving victims of domestic violence, dating violence, sexual assault, and stalking, population specific programs, culturally specific programs, and representatives from underserved populations in community consultations used to determine what services each Legal Services Corporation funded program provides. Steps taken by the Corporation to implement and provide training to programs funded by the Corporation on the provisions of section 104 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. The number and proportion of programs receiving funding from the Corporation that have implemented policies and procedures (including those for intake and screening) designed to ensure that victims described in section 104 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 are able to access legal assistance from the program. The Comptroller General of the United States shall conduct a study— on the impact of section 384 of the Illegal Immigration Reform and Immigration Responsibility Act (IIRAIRA) ( 8 U.S.C. 1367 ) and section 239(e)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1229(e)(1) ) and the VAWA confidentiality protections generally, including in particular— the annual number of aliens receiving certification subject to 239(e)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1229(e)(1) ); and the annual number of aliens described in section 384 of IIRAIRA and cases contained in the computerized section 384 confidentiality system who— have been issued notices to appear by the Department of Homeland Security; have pending cases in immigration proceedings; have orders of removal issued against them; have been issued immigration detainers; or have been placed in detention by the Department of Homeland Security; that examines the extent to which the Attorney General, the Secretary of Homeland Security, the Secretary of State, and local law enforcement agencies participating in the program under section 287(g) of the Immigration and Nationality Act, have implemented policies, practices, or protocols that— screen for victimization, eligibility for humanitarian release, and eligibility for relief under sections 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1997) of the Immigration and Nationality Act or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 710); provide potential victims with information about the forms of immigration relief listed in subparagraph (A); result in T- and U-visa certification; and are designed to ensure that immigrant victims are not subjected to immigration enforcement related to the perpetrator’s actions or communications; that reports on the number of section 298(g) jurisdictions that have memoranda of understanding with the Secretary of Homeland Security requiring practices that result in T- and U-visa certifications and compliance with VAWA confidentiality protections by officers and departments participating in the section 287(g) program; and that reports on the proportion of Federal, State and local law enforcement agencies that— have designated an individual to sign U-visa certifications; have U-visa certification policies or protocols; and have received training in— U-visa certification; and T-visa endorsement. Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report setting forth the results of the study conducted under subsection (b). The amendments made by this section shall take effect on the date of the enactment of this Act.
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- 22 USC 710
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Sec. 801
Annual report on immigration applications made by victims of abuse
Cite22 USC 710
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