S.Amdt. 1412

1. 1

   Change 1: Rewrites page 919, lines 11–18

   ReplacesPrinted page

   Removes page 919, lines 11–18 of the printed bill. See that page

   Inserted: SEC. 1112. TRAINING FOR BORDER SECURITY, IMMIGRATION ENFORCEMENT OFFICERS, AND OTHER FEDERAL AGENTS PERFORMING BORDER ENFORCEMENT ACTIVITIES.

   Inserted: (a) In General.--The Secretary shall ensure that U.S. Customs and Border Protection officers, U.S. Border Patrol officers and agents, U.S. Immigration and Customs Enforcement officers and agents, United States Air and Marine Division agents, National Guard personnel deployed to assist U.S. Customs and Border Protection under section 1103(c)(6)), Coast Guard officers and agents, and agriculture specialists stationed within 100 miles of any land or marine border of the United States.

   Original wording

   On page 919, strike lines 11 through 18, and insert the following:

2. 2

   Change 2: Adds SEC. ___. PROTECTIONS AND RELIEF FOR DOMESTIC VIOLENCE SURVIVORS wherever appropriate

   Adds a section

   Inserted: SEC. ___. PROTECTIONS AND RELIEF FOR DOMESTIC VIOLENCE SURVIVORS.

   Inserted: (a) Judicial Review in VAWA Cases.--

   Inserted: (1) Review of orders of removal of domestic violence survivors.--Section 242(a) (8 U.S.C. 1252(a)) is amended to read as follows:

   Inserted: "(1) General orders of removal.--

   Inserted: "(A) In general.--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), subsection (b), and except that the court may not order the taking of additional evidence under section 2347(c) of such title.

   Inserted: "(B) Domestic violence survivors and crime victims.--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, an applicant for relief under section 240A(b)(2) or under any prior status provide comparable relief, notwithstanding any other provision of law, shall be subject to de novo review by the court at the request of the nonimmigrant, VAWA self-petitioner, or applicant for relief.".

   Inserted: (2) Cancellation of removal of domestic violence survivors.--Section 240A(b)(2) (8 U.S.C. 1229b(b)(2)) is amended by adding at the end the following:

   Inserted: "(E) Judicial review of determination for domestic violence survivors.--There shall be judicial review available of a determination of whether an individual is eligible for or entitled to relief under this paragraph or any prior statute providing comparable relief, notwithstanding any other provision of law.".

   Inserted: (b) Eligibility for Cancellation of Removal for Domestic Violence Survivors.--Section 240A(b)(2)(A)(iv) (8 U.S.C. 1229b(b)(2)(A)(iv)) is amended to read as follows:

   Inserted: "(iv) 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".

   Inserted: (c) Designating Immigrants Eligible for U Visas and Special Immigrant Juvenile Status, and Self-petitioning Elder Abuse Victims, as Aliens Eligible to Receive Certain Assistance.--

   Inserted: (1) Relief from certain safety net limitation for domestic violence survivors, victims of abuse, and special immigrant juveniles.--Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--

   Show 33 more inserted paragraphsShow less

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

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

   Inserted: (i) in subparagraph (A), by striking "in the United States by a spouse or parent or by a member of the spouse or parent's family" and inserting "by a spouse, parent, son, or daughter or by a member of the spouse's, parent's, son's or daughter's family";

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

   Inserted: (I) in clause (i), by striking the comma at the end and inserting a semicolon;

   Inserted: (II) in clause (ii), by striking the comma at the end and inserting a semicolon;

   Inserted: (III) clause (iii), by striking the period at the end and inserting a semicolon;

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

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

   Inserted: "(vi) status as a VAWA self-petitioner;";

   Inserted: (C) in paragraph (3)(B), by striking "or" at the end;

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

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

   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. 10 1101(a)(27)(J)) or who has a pending application for such immigrant status; or

   Inserted: "(7) an alien who has been granted status as a spouse or child of a registered provisional immigrant under section 245B the Immigration and Nationality Act or alien with blue card status granted under 2211 of the Border Security, Economic Opportunity, and Immigration Modernization Act, and who has been battered or subjected to extreme cruelty by a spouse or parent, or who has a pending application for such status.".

   Inserted: (2) Effective date.--The amendments made by this subsection apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act.

   Inserted: (d) Relief for Certain Domestic Violence Survivors From 5-year Bar.--

   Inserted: (1) In general.--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 new paragraph:

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

   Inserted: "(A) is described in section 431(b) and has been battered or subjected to extreme cruelty by a spouse, parent, son, or daughter, or by a member of the spouse's, parent's, son's, or daughter's family residing in the same household as the alien and the spouse, parent, or son or daughter consented to, or acquiesced in such battery or cruelty, and there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; or

   Inserted: "(B) is described in section 431(c).".

   Inserted: (2) Effective date.--The amendment made by this subsection apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act.

   Inserted: (e) Eligibility for Safety Net Benefits for Certain Domestic Violence Survivors.--

   Inserted: (1) Eligibility for ssi and food assistance safety net benefits for domestic violence survivors.--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 who--

   Inserted: "(i) is described in section 431(b) and has been battered or subjected to extreme cruelty by a spouse, parent, or son or daughter, or by a member of the spouse or parent or son or daughter's family residing in the same household as the alien and the spouse, parent, or son or daughter consented to, or acquiesced in such battery or cruelty, and there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; or

   Inserted: "(ii) is described in section 431(c).".

   Inserted: (2) Relief for domestic violence survivors from tanf, social service block grant, and medicaid ban.--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 who--

   Inserted: "(i) is described in section 431(b) and has been battered or subjected to extreme cruelty by a spouse, parent, son, or daughter, or by a member of the spouse's, parent's, son's, or daughter's family residing in the same household as the alien and the spouse, parent, or son or daughter consented to, or acquiesced in such battery or cruelty, and there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; or

   Inserted: "(ii) is described in section 431(c).".

   Inserted: (3) Effective date.--The amendments made by this subsection apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

3. 3

   Change 3: Inserts new text on page 1224, between lines 23 and 24

   InsertsPrinted page

   Inserted: (d) Relief From Certain Restriction on Adjustment of Status.--

   Inserted: (1) Relief from certain restrictions for domestic violence survivors.--Section 245(d) (8 U.S.C. 1255(d)), as amended by subsection (c), is amended in paragraph (1) as so designated by subsection (c), in the second sentence by striking the period at the end and inserting ", 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.".

   Inserted: (2) Conforming application in cancellation of removal.--Section 240A(b)(2)(A)(i) (8 U.S.C. 1229b(b)(2)(A)(i)) is amended--

   Inserted: (A) in subclause (II), by striking "or" at the end;

   Inserted: (B) in subclause (III), by adding "or" at the end; and

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

   Inserted: "(IV) 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;".

   Inserted: (3) Application under suspension of deportation for domestic violence survivors.--The Secretary 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--

   Inserted: (A) 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;

   Inserted: (B) 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;

   Inserted: (C) demonstrates that during all of such time in the United States the alien was and is a person of good moral character; and

   Inserted: (D) 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.

   Show 1 more inserted paragraphShow less

   Inserted: (4) Effective date.--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 admitted before, on, or after such date.

   Original wording

   On page 1224, between lines 23 and 24, insert the following:

4. 4

   Change 4: Adds SEC. __. RELIEF FOR DOMESTIC VIOLENCE SURVIVOR VISA WAIVER ENTRANTS wherever appropriate

   Adds a section

   Inserted: SEC. __. RELIEF FOR DOMESTIC VIOLENCE SURVIVOR VISA WAIVER ENTRANTS.

   Inserted: (a) In General.--Section 217(b)(2) (8 U.S.C. 1187(b)(2) )is amended by inserting", as a VAWA self-petitioner or for relief under section 101(a)(15)(T), section 101(a)(15)(U), section 240A(b)(2), or under any prior statute providing comparable relief, notwithstanding any other provision of law," after "asylum,".

   Inserted: (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to waivers provided under section 217(b)(2) of the Immigration and Nationality Act before, on, or after such date as if it had been included in such waivers.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

5. 5

   Change 5: Rewrites page 1274, lines 5–11

   ReplacesPrinted page

   Removes page 1274, lines 5–11 of the printed bill. See that page

   Inserted: (c) Applicability of Section 212(e) to Spouses and Children of J-1 Exchange Visitors.--A spouse or child of an exchange visitor described in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)), applicants approved for nonimmigrant status under section 101(a)(15)(T) of such Act, section 101(a)(15)(U) of such Act, and VAWA self-petitioners, as defined in section 101(a)(51) of such Act, shall not be subject to the requirements of section 212(e) of such Act (8 U.S.C. 1182(e)).

   Original wording

   On page 1274, strike lines 5 through 11 and insert the following:

6. 6

   Change 6: Replaces “and (E)” with “(E), and (K)”

   ReplacesPage 1576, line 4Printed page

   [struck: and (E)][inserted: (E), and (K)]

   Original wording

   On page 1576, line 4, strike “and (E)”, and insert “(E), and (K)”.

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

As printed