Sec. 4304. Enhanced protection for individuals seeking T visas, U visas, and protection under VAWA
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Section 214(o) ( 8 U.S.C. 1184(o) ) is amended by adding at the end the following: Notwithstanding any provision of this Act relating to eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to a noncitizen who has filed a nonfrivolous application for nonimmigrant status under section 101(a)(15)(T), which authorization shall begin on the date that is the earlier of— the date on which the noncitizen’s application for such status is approved; or a date determined by the Secretary that is not later than 180 days after the date on which the noncitizen filed the application. .
Section 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) ) is amended— in paragraph (6), by striking the last sentence; and by adding at the end the following: Notwithstanding any provision of this Act relating to eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to a noncitizen who has filed an application for nonimmigrant status under section 101(a)(15)(U), which authorization shall begin on the date that is the earlier of— the date on which the noncitizen’s petition for such status is approved; or a date determined by the Secretary that is not later than 180 days after the date on which the noncitizen filed the petition. .
Section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) is amended— by redesignating subsection
(e)as subsection (f); and by inserting after subsection
(d)the following: A noncitizen described in paragraph
(2)shall not be removed from the United States under this section or any other provision of law until the date on which there is a final denial of the noncitizen’s application for status, including any administrative or judicial review. A noncitizen described in this paragraph is a noncitizen who— has a pending nonfrivolous application or petition under— subparagraph
(T)or
(U)of section 101(a)(15); section 106; section 240A(b)(2); or section 244(a)(3) (as in effect on March 31, 1997); or is a VAWA self-petitioner, as defined in section 101(a)(51), and has a pending application for relief under a provision referred to in any of subparagraphs
(A)through
(G)of such section. . Section 240(b)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(7) ) is amended by striking subsection (e)(1) and inserting subsection (f)(1) . Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended by adding at the end the following: Notwithstanding any other provision of this Act, there shall be a presumption that a noncitizen described in paragraph
(2)should be released from detention. The Secretary of Homeland Security may rebut the presumption of release based on clear and convincing evidence, including credible and individualized information, that— the use of alternatives to detention will not reasonably ensure the appearance of the noncitizen at removal proceedings; or the noncitizen is a threat to another person or the community. A pending criminal charge against a noncitizen may not be the sole factor to justify the continued detention of the noncitizen. A noncitizen described in this paragraph is a noncitizen who— has a pending application, which has not been found to be frivolous, under— subparagraph
(T)or
(U)of section 101(a)(15); section 106; section 240A(b)(2); or section 244(a)(3) (as in effect on March 31, 1997); or is a VAWA self-petitioner, as defined in section 101(a)(51), has a pending petition for relief, and can demonstrate prima facie eligibility under a provision referred to in any of subparagraphs
(A)through
(G)of such section. .
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Sec. 4304
Enhanced protection for individuals seeking T visas, U visas, and protection under VAWA
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