Sec. 8. Protections and relief for domestic violence survivors

2,406 words·~11 min read·/bill/119/hr/2851/ih/section-8

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 240A(b)(2)(A)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(b)(2)(A)(iv) ) is amended to read as follows: the alien is not inadmissible under section 212(a)(2)(G), section 212(a)(2)(H), or section 212(a)(3) and is not deportable under section 237(a)(2)(A)(v) or section 237(a)(4); and . Section 240A(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(b)(2) ) is amended by adding at the end the following: A determination of whether an individual is eligible for or entitled to relief under this paragraph or any prior provision of law providing comparable relief, shall be subject to judicial review. .

Section 242(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1252(a)(1) ) is amended to read as follows: Judicial review of a final order of removal (other than an order of removal without a hearing pursuant to section 235(b)(1)) is governed only by chapter 158 of title 28 of the United States Code, except as provided in subparagraph

(B)or subsection (b), and except that the court may not order the taking of additional evidence under section 2347(c) of such title. A final order for the removal of a nonimmigrant described in section 101(a)(15)(T) or section 101(a)(15)(U), a VAWA self-petitioner (as defined in section 101(a)(51)), an applicant for relief under section 240A(b)(2), an applicant or petitioner for relief under sections 101(a)(27)(J) or 245(h), or under any prior status providing comparable relief, shall be subject to de novo review by the court. . Sections 402, 403, 411, 412, 421, and 422 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612 , 1613, 1621, 1622, 1631, and 1632) are repealed. Section 404 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1614 ) is amended by striking , 402, or 403 . Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1601 et seq. ) is amended— in the header, by striking and inserting Aliens ; Noncitizens by striking alien each place it appears and inserting noncitizen ; by striking aliens each place it appears and inserting noncitizens ; by striking alien’s each place it appears and inserting noncitizen’s ; by striking an alien each place that it appears and inserting a noncitizen ; by striking alien each place that it appears and inserting noncitizen ; by striking qualified alien each place that it appears and inserting qualified noncitizen ; by striking qualified aliens each place that it appears and inserting qualified noncitizens ; by striking qualified alien’s each place that it appears and inserting qualified noncitizen’s ; in section 402— in the header, by striking and inserting Qualified Aliens ; and Qualified Noncitizens in subsection (a)(2)(L), by striking and inserting qualified aliens ; qualified noncitizens in section 403, in the header, by striking and inserting Qualified Aliens ; Qualified Noncitizens in section 411, in the header, by striking and inserting Qualified Aliens ; and Qualified Noncitizens in section 412, in the header, by striking and inserting Qualified Aliens . Qualified Noncitizens Section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 ) is amended— in subsection (b)— in the header, by striking and inserting Qualified alien ; Qualified noncitizen by striking the term and inserting qualified alien the term ; qualified noncitizen by striking an alien and inserting a noncitizen ; by striking the alien and inserting the noncitizen ; and by striking benefit and all that follows through the period at the end of the subsection and inserting benefit, is lawfully present in the United States. ; in subsection (c)— in the header, by striking and inserting qualified aliens ; qualified noncitizens by striking ; or at the end of paragraph

(3)and inserting ; ; by striking the period at the end of paragraph

(4)and inserting ; or ; and by inserting after paragraph (4): a noncitizen— in a category that was treated as lawfully present for purposes of section 1101 of the Patient Protection and Affordable Care Act of 2010 ( 42 U.S.C. 18001 ); who met the requirements of section 402(a)(2)(D) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612(a)(2)(D) ) on or before January 1, 2021; who is granted special immigrant juvenile status as described by section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) ); who has a pending, bona fide application for nonimmigrant status under section 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(1)(15)(U) ); who was granted relief under the Deferred Action for Childhood Arrivals program; or any other person who is not a citizen of the United States but who resides in a State or territory of the United States and is Federally authorized to be present in the United States. ; and by adding at the end the following new subsection: For the purposes of this section, the term noncitizen means any individual who is not a citizen of the United States. . Section 742 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1615 ) is amended— in subsection (a)— in the header by striking and inserting School lunch and breakfast programs ; Child nutrition programs by striking the school lunch program and inserting any program ; and by striking the school breakfast program under section 4 of the and inserting any program under ; and in subsection (b)(1)— by striking Nothing in this Act shall prohibit or require a State to provide to an individual who is not a citizen or a qualified alien, as defined in section 431(b), and inserting A State shall not deny ; and by striking paragraph

(2)and inserting paragraph

(2)on the basis of an individual’s citizenship or immigration status . Section 1108(h) of the Social Security Act ( 42 U.S.C. 1308(h) ) is amended— by striking Expenditures and inserting: Expenditures ; and by adding at the end the following new paragraph: With respect to eligibility for benefits for the designated Federal program defined in paragraph (3)(C) (relating to the Medicaid program), paragraph

(1)shall not apply to any individual who lawfully resides, in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, in any of the several States or the District of Columbia and shall not apply, at the option of the Governor of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa as communicated to the Secretary of Health and Human Services in writing, to any individual who lawfully resides in the respective territory in accordance with such Compacts. . Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended— by striking subparagraph (O); and by redesignating subparagraphs (P), (Q), (R), (S), (T), and

(U)as subparagraphs (O), (P), (Q), (R), (S), and (T). The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) is amended— in section 5— by striking subsection (i); and by redesignating subsections

(j)through

(n)as subsections

(i)through (m), respectively; in section 6— in subsection (f), by striking an alien lawfully admitted for permanent and all that follows through the end of the subsection and inserting a noncitizen lawfully present in the United States. ; and in subsection (s)(2), by striking (m), and

(n)and inserting and

(m); and in section 11(e)(2)(B)(v)(II) by striking aliens each place it appears and inserting noncitizens . Section 1903(v) of the Social Security Act ( 42 U.S.C. 1396b(v) ) is amended— in paragraph (1), by striking admitted for and all that follows through the end of the paragraph and inserting present in the United States. ; and striking paragraph (4). Section 214(a) of the Housing and Community Development Act of 1980 ( 42 U.S.C. 1436a(a) ) is amended by— redesignating paragraphs

(6)and

(7)as paragraphs

(7)and (8), respectively; and inserting after paragraph (5): a qualified noncitizen as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 ); . Section 401 of Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1611 ) is amended— in the header— by striking and inserting Qualified Aliens ; and Qualified Noncitizens by striking and inserting Aliens ; and Noncitizens by striking alien wherever it occurs and inserting noncitizen . Section 213A(b)(1)(A) of the Immigration and Nationality Act is amended by striking benefit, and inserting benefit by fraud, . Section 36B(c)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows: If— a taxpayer has a household income which is not greater than 100 percent of an amount equal to the poverty line for a family of the size involved, the taxpayer is a non-citizen lawfully present in the United States, the taxpayer is ineligible for minimum essential coverage under section 5000A(f)(1)(A)(ii), and under the Medicaid eligibility criteria for non-citizens in effect on December 26, 2020, the taxpayer would be ineligible for such minimum essential coverage by reason of the taxpayer’s immigration status, the taxpayer shall, for purposes of the credit under this section, be treated as an applicable taxpayer with a household income which is equal to 100 percent of the poverty line for a family of the size involved. . Not later than 180 days after the date of the enactment of this Act, each Federal agency, as applicable, shall issue guidance with respect to implementing the amendments made by this section. The amendments made by this subsection shall take effect on the date of enactment of this Act and shall apply to services furnished on or after the date that is 180 days after the date on which any guidance is issued pursuant to paragraph (10). Section 245(d) of the Immigration and Nationality Act ( 8 U.S.C. 1255(d) ) is amended by inserting before the period at the end the following: , unless the alien is the spouse of an alien lawfully admitted for legal permanent residence or of a citizen of the United States and is a VAWA self-petitioner . Section 240A(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(b)(2)(A)(i) ) is amended— in subclause (II), by striking or at the end; in subclause (III), by adding or at the end; and by adding at the end the following: the alien entered the United States as an alien described in section 101(a)(15)(K) with the intent to enter into a valid marriage and the alien (or the child of the alien who is described in such section) was battered or subject to extreme cruelty by the United States citizen who filed the petition to accord status under such section; . The Secretary of Homeland Security or the Attorney General may suspend the deportation of an alien who is in deportation proceedings initiated prior to March 1, 1997, and adjust to the status of an alien lawfully admitted for permanent residence, if the alien— has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such suspension; has been battered or subjected to extreme cruelty in the United States by a spouse or immediate family member who is a United States citizen or a lawful permanent resident, or the alien entered the United States as an alien described in section 101(a)(15)(K) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(K) ) with the intent to enter into a valid marriage and the alien was battered or subject to extreme cruelty by the United States citizen who filed the petition to accord status under such section, or the child of the alien who is described in this subparagraph; demonstrates that during all of such time in the United States the alien was and is a person of good moral character; and is a person whose deportation would, in the opinion of the Secretary or Attorney General, result in extreme hardship to the alien or the alien’s parent or child. This subsection and the amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to aliens who entered the United States before, on, or after such date. Section 214(o) of the Immigration and Nationality Act ( 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 an application for nonimmigrant status under section 101(a)(15)(T) on the date that is the earlier of— the date on which the alien’s application for such status is approved; or a date that is not later than 180 days after the date on which the alien filed the application. . Section 204(a)(1)(K) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(K) ) is amended to read as follows: Upon the approval of a petition as a VAWA self-petitioner, the alien is eligible for work authorization. Notwithstanding any provision of this Act restricting eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to such an alien on the date that is the earlier of— the date on which the alien’s application for lawful permanent resident status is approved; or a date determined by the Secretary that is not later than 180 days after the date that is the earlier of the date on which the alien filed the application or the alien’s petition as a VAWA self-petitioner is approved. . Section 204(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1) ) 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 is otherwise eligible to be employed, and who has a petition for special immigrant status under section 101(a)(27)(J) that is pending or approved on the date that is the earlier of— the date on which the alien’s petition for such status is approved; or a date that is not later than 180 days after the date on which the alien filed the petition. .

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