Sec. 501. Victims of serious labor and employment violations or crime
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/bill/118/s/3128/is/section-501·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U) ) is amended— in clause (i)— by striking subclause
(I)and inserting the following: the alien— has suffered substantial physical, emotional, or mental abuse or harm as a result of having been a victim of criminal activity described in clause (iii); has suffered substantial physical, emotional, or mental abuse or harm related to a violation described in clause (iv); is a victim of criminal activity described in clause
(iii)and would suffer extreme hardship upon removal; or has suffered a violation described in clause
(iv)and would suffer extreme hardship upon removal; ; in subclause (II), by inserting , or a labor or employment violation resulting in a workplace claim described in clause
(iv)before the semicolon at the end; in subclause (III)— by striking or State judge, to the Service and inserting , State, or local judge, to the Department of Homeland Security, to the Equal Employment Opportunity Commission, to the Department of Labor (including the Occupational Safety and Health Administration), to the National Labor Relations Board, to the head official of a State or local government department of labor, workforce commission, or human relations commission or council ; by striking investigating or prosecuting and inserting investigating, prosecuting, or seeking civil remedies for ; and by inserting , or investigating, prosecuting, or seeking civil remedies for a labor or employment violation related to a workplace claim described in clause
(iv)before the semicolon; and in subclause (IV)— by inserting
(aa)after
(IV); by inserting or after the semicolon at the end; and by adding at the end the following: a workplace claim described in clause
(iv)resulting from a labor or employment violation; ; in clause (ii)(II), by striking and at the end; in clause (iii), by striking or at the end and inserting and ; and by adding at the end the following: in the labor or employment violation related to a workplace claim, the alien has filed, is a material witness in, or is likely to be helpful in the investigation of, a bona fide workplace claim (as defined in section 274A(e)(10)(B)(iii)(II)); or . Notwithstanding any other provision of law, the Secretary of Homeland Security may permit an alien to temporarily remain in the United States, shall not remove the alien from the United States during the permitted period, and shall provide the alien with the alien employment authorization, if the Secretary determines that the alien— has filed for relief under section 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U) ) or section 101(a)(15)(T) of such Act ( 8 U.S.C. 1101(a)(15)(T) ); has filed, or is a material witness to, a bona fide workplace claim (as defined in paragraph
(10)of section 274A(e) of such Act, as added by section 502(b) of this Act) or has filed, or is a material witness to, a civil claim arising from criminal activity (as defined in paragraph
(10)of section 274A(e) of such Act, as added by section 502(b) of this Act); and has been helpful, is being helpful, or is likely to be helpful to— a Federal, State, or local law enforcement official; a Federal, State, or local prosecutor; a Federal, State, or local judge; the Department of Homeland Security; the Equal Employment Opportunity Commission; the Department of Labor, including the Occupational Safety and Health Administration; the National Labor Relations Board; the head official of a State or local government department of labor, workforce commission, or human relations commission or council; or other Federal, State, or local authorities; or has filed a workers’ compensation claim or is undergoing treatment for a workplace injury or illness. Section 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) ) is amended— in paragraph (1), by inserting or investigating, prosecuting, or seeking civil remedies for workplace claims described in section 101(a)(15)(U)(iv) after section 101(a)(15)(U)(iii) each place such term appears; and in paragraph (6)— by inserting or workplace claims described in section 101(a)(15)(U)(iv) after described in section 101(a)(15)(U)(iii) ; and by inserting or workplace claim after prosecution of such criminal activity . Section 245(m)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1255(m)(1) ) is amended, in the matter preceding subparagraph (A), by inserting or an investigation or prosecution regarding a workplace claim after prosecution . Section 245(l)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1255(l)(7) ) is amended by striking permit aliens to apply for a waiver of and inserting not require the payment of . Section 384(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367(a)(1) ) is amended— in subparagraph (E), by striking physical or mental abuse and the criminal activity and inserting abuse and the criminal activity or workplace claim ; in subparagraph (F)— by striking ( and inserting 8 U.S.C. 1101(a)(51) ) ( ; and 8 U.S.C. 1101(a)(51) )) by adding or at the end; and by inserting after subparagraph
(F)the following: the alien’s employer, . Section 384(b)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367(b)(2) ) is amended by adding at the end the following: However, neither the Secretary of Homeland Security nor the Attorney General may use the information furnished pursuant to any application under section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27), 101(a)(51), 106, 240A(b)(2), or 244(a) of the Immigration and Nationality Act ( . 8 U.S.C. 1101(a)(15)(T) , 1101(a)(15)(U), 1101(a)(27), 1101(a)(51), 1105a, 1229b(b)(2), or 1254a(a)) or section 107(b)(1)(E)(i)(II)(bb) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)(i)(II)(bb)), for purposes of initiating or carrying out a removal proceeding.
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Sec. 501
Victims of serious labor and employment violations or crime
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