Sec. 7. Prohibition on detention of certain victims with pending or approved petition or application
200 words·~1 min read·
/bill/117/hr/6078/ih/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 the alien described in paragraph
(2)should be released from detention. The Secretary of Homeland Security shall have the duty of rebutting this presumption, which may only be shown 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 alien at removal proceedings, or that the alien is a threat to another person or the community. The fact that an alien has a criminal charge pending against the alien may not be the sole factor to justify the continued detention of the alien. An alien is described in this paragraph if the alien— has a pending or approved application or petition under section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 106, 240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997); or is a VAWA self-petitioner, as defined in section 101(a)(51), with a pending application for relief under a provision referred to in one of subparagraphs
(A)through
(G)of such section. .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 7
Prohibition on detention of certain victims with pending or approved petition or application
Cites 1Cited by 0 across 0 sources