Sec. 1323. Enhanced protection for individuals seeking U visas, T 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 granting eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to an alien who has filed a petition for nonimmigrant status under section 101(a)(15)(T) on the date that is the earlier of— the date on which the alien’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 such alien filed such petition. .
Section 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) ) is amended— in paragraph (2)(A), by striking 10,000 and inserting 20,000 ; in paragraph (6), by striking the last sentence; and by adding at the end the following: Notwithstanding any provision of this Act granting eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to an alien who has filed an application for nonimmigrant status under section 101(a)(15)(U) on the date that is the earlier of— the date on which the alien’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 such alien filed such application. .
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: An alien described in paragraph
(2)shall not be removed from the United States under this section or any other provision of law until there is a final denial of the alien’s application for status after the exhaustion of administrative and judicial review. An alien described in this paragraph is an alien who— has a pending 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). 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 an alien 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 alien at removal proceedings; or the alien is a threat to another person or the community. A pending criminal charge against an alien may not be the sole factor to justify the continued detention of the alien. An alien described in this paragraph is an alien who— has a pending application 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 petition for relief under a provision referred to in any of subparagraphs
(A)through
(G)of such section. .
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Sec. 1323
Enhanced protection for individuals seeking U visas, T visas, and protection under VAWA
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