S.Amdt. 1257

1. Adds SEC. 3413. VIOLENCE AGAINST WOMEN ACT SAFETY NET at the end of subtitle D of title III

   Adds a section

   In S. 744 · Reported to Senate

   Section 208(d)(2) (8 U.S.C. 1158(d)(2)) is amended by striking "is not entitled to employment authorization" and all that follows through "prior to 180 days after" and inserting "shall be provided employment authorization 180 days after".

   Inserted: SEC. 3413. VIOLENCE AGAINST WOMEN ACT SAFETY NET.

   Inserted: (a) Designating Additional Aliens as Eligible to Receive Certain Assistance.--Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--

   Inserted: (1) in the subsection heading, by striking "Battered Aliens" and inserting "Victims of Abuse and Special Immigrant Juveniles";

   Inserted: (2) in paragraph (1)--

   Inserted: (A) in subparagraph (A), by striking "in the United States" and all that follows through "the spouse or parent consented" and inserting "by a spouse, parent, son, or daughter, or by a member of the spouse, parent, son, or daughter's family residing in the same household as the alien and the spouse, parent, son, or daughter consented";

   Inserted: (B) in subparagraph (B)--

   Inserted: (i) in clause (v), by striking the semicolon and inserting "; or"; and

   Inserted: (ii) by adding at the end the following:

   Inserted: "(vi) status as a VAWA self-petitioner (as defined in section 101(51) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51));";

   Inserted: (3) in paragraph (3)(B), by striking "; or" and inserting a semicolon;

   Inserted: (4) in paragraph (4), by striking the period at the end and inserting a semicolon; and

   Inserted: (5) by inserting after paragraph (4) the following:

   Show 34 more inserted paragraphsShow less

   Inserted: "(5) an alien who has been granted nonimmigrant status under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) or who has a pending application for such nonimmigrant status;

   Inserted: "(6) an alien who has been granted immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) or who has a pending application for such immigrant status; or

   Inserted: "(7) an alien--

   Inserted: "(A) who--

   Inserted: "(i) has been granted status as a spouse or child of a registered provisional immigrant under section 245B the Immigration and Nationality Act;

   Inserted: "(ii) has been granted blue card status under 2211 of the Border Security, Economic Opportunity, and Immigration Modernization Act; or

   Inserted: "(iii) has a pending application for status described in clause (i) or (ii); and

   Inserted: "(B) who has been battered or subjected to extreme cruelty by a spouse or parent.".

   Inserted: (b) Exemption From 5-year Limited Eligibility for Certain Federal Programs.--Section 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding at the end the following:

   Inserted: "(3) Battered and crime victim aliens.--An alien--

   Inserted: "(A) who is described in section 431(c); or

   Inserted: "(B)(i) who is described in section 431(b);

   Inserted: "(ii) who has been battered or subjected to extreme cruelty by--

   Inserted: "(I) a spouse, parent, son, or daughter; or

   Inserted: "(II) a member of the spouse, parent, son, or daughter's family residing in the same household as the alien and the spouse, parent, son, or daughter consented to, or acquiesced in, such battery or cruelty; and

   Inserted: "(iii) for whom there is a substantial connection between such battery or cruelty and the need for the benefits to be provided.".

   Inserted: (c) Eligibility for Medicaid, TANF, and Certain Other Safety Net Benefits.--Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the end the following:

   Inserted: "(G) Aliens eligible for immigration relief as crime victims.--An alien--

   Inserted: "(i) who is described in section 431(c); or

   Inserted: "(ii)(I) who is described in section 431(b);

   Inserted: "(II) who has been battered or subjected to extreme cruelty by--

   Inserted: "(aa) a spouse, parent, son, or daughter; or

   Inserted: "(bb) a member of the spouse, parent, son, or daughter's family residing in the same household as the alien and the spouse, parent, son, or daughter consented to, or acquiesced in, such battery or cruelty; and

   Inserted: "(III) for whom there is a substantial connection between such battery or cruelty and the need for the benefits to be provided.".

   Inserted: (d) Eligibility for SSI and Food Assistance Safety Net Benefits.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end the following:

   Inserted: "(N) Aliens eligible for immigration relief as crime victims.--With respect to eligibility for a specified Federal program (as defined in paragraph (3)), paragraph (1) shall not apply to an alien--

   Inserted: "(i) who is described in section 431(c); or

   Inserted: "(ii)(I) who is described in section 431(b);

   Inserted: "(II) who has been battered or subjected to extreme cruelty by--

   Inserted: "(aa) a spouse, parent, son, or daughter; or

   Inserted: "(bb) by a member of the spouse, parent, son, or daughter's family residing in the same household as the alien and the spouse, parent, son, or daughter consented to, or acquiesced in, such battery or cruelty; and

   Inserted: "(III) for whom there is a substantial connection between such battery or cruelty and the need for the benefits to be provided.".

   Inserted: (e) Effective Date.--The amendments made by this section apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act.

   Inserted: (f) Rule of Construction.--Nothing in this section or the amendments made by this section shall be construed to prohibit the requirement for a substantial connection determination in order to receive benefits under section 431(c)(1)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(A)).

   Original wording

   At the end of subtitle D of title III, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed