Sec. 2. Purpose; Findings; Sense of Congress
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The purpose of this Act is to remove barriers for alien survivors of domestic violence, sexual assault, human trafficking, and other crimes who may be eligible for protections under the Violence Against Women Act of 1994 (VAWA), the Trafficking Victims Protection Act of 2000 (TVPA), and their subsequent reauthorizations. Congress finds the following: Threats of deportation are one of the most potent tools abusers and perpetrators of crime use to maintain control over and silence alien victims and to avoid criminal prosecution.
Abusers and perpetrators leverage the immigration system in the abuse and exploitation of aliens they victimize. A bipartisan majority in Congress created critical immigration protections in VAWA, TVPA and their subsequent reauthorizations in recognition that alien survivors of domestic violence, sexual assault, human trafficking, and other eligible crimes often fear that reaching out for help may lead to their deportation. Detention and removal of those with victim-based cases undermines the intent of VAWA, TVPA, and their subsequent reuauthorizations and re-traumatizes victims and their children.
Deporting survivors while they await decisions on their cases discourages victims from accessing justice, undermines the usefulness of these forms of relief as tools for law enforcement that seek to keep all communities safe, separates them from their children and support networks, and eliminates the ability of local law enforcement to continue protecting and working with such crime survivors. Lack of timely access to employment authorization makes victims more vulnerable and may lead to their need to endure or return to abusive relationships or exploitative conditions.
Crime and abuse survivors should have access to work authorization to escape abusive situations, and gain self-sufficiency following victimization so they can support themselves and their families. It is the sense of Congress that the Secretary of Homeland Security should not deport crime victims or neglected, abused, or abandoned youth before their applications for humanitarian relief are fully adjudicated, as it undermines critical bipartisan protections created in VAWA, TVPA, and their subsequent reauthorizations.