,i #aafth ,,congress #ast ,session ,h4 ,r4 #dcai ,,in ,,the ,,house ,,of ,,representatives ,september #ab1 #bjai,mr4 ,panetta 7for himself1 ,ms4 ,jayapal1 ,ms4 ,bonamici1 ,mr4 ,carbajal1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,cleaver1 ,mr4 ,correa1 ,mr4 ,blumenauer1 ,ms4 ,eshoo1 ,mr4 ,espaillat1 ,ms4 ,garcia of ,texas1 ,mr4 ,grijalva1 ,ms4 ,haaland1 ,mr4 ,johnson of ,georgia1 ,mr4 ,khanna1 ,ms4 ,lofgren1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,mc,govern1 ,ms4 ,meng1 ,ms4 ,moore1 ,mrs4 ,murphy1 ,mrs4 ,napolitano1 ,ms4 ,norton1 ,ms4 ,omar1 ,ms4 ,pressley1 ,ms4 ,roybal-,allard1 ,mr4 ,rush1 ,ms4 ,snchez1 ,ms4 ,schakowsky1 ,mr4 ,sires1 ,mr4 ,smith of ,washington1 ,mr4 ,soto1 ,mr4 ,suozzi1 ,mr4 ,swalwell of ,california1 ,mr4 ,vargas1 and ,ms4 ,velzquez7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to eliminate the annual numerical limitation on ,u visas1 to require the ,secretary of ,homeland ,security to grant work authorization to aliens with a pending application for nonimmigrant status under subparagraph 7,u7 or 7,t7 of section #aja7;a77#ae7 of such ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,immigrant ,witness and ,victim ,protection ,act of #bjai4 #b4 ,purpose2 ,findings2 ,sense of ,congress 7a7 ,purpose ,the purpose of this ,act is to remove barriers for alien survivors of domestic violence1 sexual assault1 human trafficking1 and other crimes who may be eligible for protections under the ,violence ,against ,women ,act of #aiid 7,,vawa71 the ,trafficking ,victims ,protection ,act of #bjjj 7,,tvpa74 7b7 ,findings ,congress finds the following3 7#a7 ,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 prosecution4 ,abusers and perpetrators leverage the immigration system in the abuse and exploitation of aliens they victimize4 7#b7 ,a bipartisan majority in ,congress created critical immigration protections in ,,vawa1 ,,tvpa and their subsequent reauthorizations in recognition that alien survivors of domestic violence1 sexual assault1 human trafficking1 and other eligible crimes often fear that reaching out for help may lead to their deportation4 7#c7 ,detention and removal of those with victim-based cases undermines the intent of ,,vawa and re-traumatizes victims and their children4 ,deporting survivors while they await decisions on their cases discourages victims from accessing justice1 undermines the usefulness of these forms of relief as tools for law enforcement that seek to keep all communities safe1 separates them from their children and support networks1 and eliminates the ability of local law enforcement to continue protecting and working with such crime survivors4 7#d7 ,lack of timely access to employment authorization makes victims more vulnerable and likely to need to endure or return to abusive relationships or exploitative conditions4 ,crime survivors should have access to work authorization to escape abusive situations1 and gain self-sufficiency following victimization so they can support themselves and their children4 7c7 ,sense of ,congress ,it is the sense of ,congress that the ,secretary of ,homeland ,security should not deport crime victims before their applications for humanitarian relief are fully adjudicated1 as it undermines critical bi-partisan protections created in ,,vawa and the ,,tvpa4 #c4 ,elimination of annual numerical limitation on ,u visas ,section #bad7p7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7p77 is amended by striking paragraph 7#b74 #d4 ,work authorization while applications for ,u and ,t visas are pending 7a7 ,u visas ,section #bad7p7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7p77 is amended-- 7#a7 in paragraph 7#f71 by striking the last sentence2 and 7#b7 by adding at the end the following3 7#h7 ,work authorization ,notwithstanding any provision of this ,act granting eligibility for employment in the ,united ,states1 the ,secretary of ,homeland ,security shall grant employment authorization to an alien who has filed an application for nonimmigrant status under section #aja7;a77#ae77,u7 on the date that is the earlier of-- 7,a7 the date on which the alien's application for such status is approved2 or 7,b7 a date determined by the ,secretary that is not later than #ahj days after the date on which the alien filed the application4 4 7b7 ,t visas ,section #bad7o7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7o77 is amended by adding at the end the following3 7#h7 ,notwithstanding any provision of this ,act granting eligibility for employment in the ,united ,states1 the ,secretary of ,homeland ,security shall grant employment authorization to an alien who has filed an application for nonimmigrant status under section #aja7;a77#ae77,t7 on the date that is the earlier of-- 7,a7 the date on which the alien's application for such status is approved2 or 7,b7 a date determined by the ,secretary that is not later than #ahj days after the date on which the alien filed the application4 4 7c7 ,,vawa ,self-,petitioners ,section #bjd7;a77#a77,k7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77,k77 is amended-- 7#a7 in the matter preceding clause 7i71 by striking 1 the alien2 7#b7 in clause 7i71 by inserting the alien before is eligible2 and 7#c7 by amending clause 7ii7 to read as follows3 7ii7 notwithstanding any provision of this ,act restricting eligibility for employment in the ,united ,states1 the ,secretary of ,homeland ,security shall grant employment authorization to such an alien on the date that is the earlier of-- 7,i7 the date on which the alien's application for lawful permanent resident status is approved2 or 7,,ii7 a date determined by the ,secretary that is not later than #ahj 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 approved4 4 7d7 ,cancellation of removal ,section #bdj;,a7b77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;b7b77#b77 is amended by adding at the end the following3 7,e7 ,work authorization ,notwithstanding any provision of this ,act granting eligibility for employment in the ,united ,states1 the ,secretary of ,homeland ,security shall grant employment authorization to an alien who has filed an application for cancellation of removal under this paragraph on a date that is not later than #ahj days after the date on which the alien filed the application4 4 #e4 ,stay of removal 7a7 ,in general ,an alien described in subsection 7b7 shall not be removed from the ,united ,states under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7 or any other provision of law until there is a final denial of the alien's application for status after the exhaustion of administrative and judicial review4 7b7 ,aliens described ,an alien is described in this subsection if the alien-- 7#a7 has a pending application under section #aja7;a77#ae77,t71 #aja7;a77#ae77,u71 #ajf1 #bdj;,a7b77#b71 or #bdd7;a77#c7 7as in effect on ,march #ca1 #aiig7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja1 #abbi;a1 #abed;a72 or 7#b7 is a ,,vawa self-petitioner1 as defined in section #aja7;a77#ea7 of the ,immigration and ,nationality ,act1 with a pending application for relief under a provision referred to in one of subparagraphs 7,a7 through 7,g7 of such section4 #f4 ,prohibition on detention of certain victims with pending petitions and applications ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended by adding at the end the following3 7a7 ,prohibition on detention of certain victims with pending petitions and applications 7#a7 ,in general ,notwithstanding any other provision of this ,act1 there shall be a presumption that the alien described in paragraph 7#b7 should be released from detention4 ,the ,secretary of ,homeland ,security shall have the duty of rebutting this presumption1 which may only be shown based on clear and convincing evidence1 including credible and individualized information1 that the use of alternatives to detention will not reasonably ensure the appearance of the alien at removal proceedings1 or that the alien is a threat to another person or the community4 ,the fact that an alien has a criminal charge pending against the alien may not be the sole factor to justify the continued detention of the alien4 7#b7 ,alien described ,an alien is described in this paragraph if the alien-- 7,a7 has a pending application under section #aja7;a77#ae77,t71 #aja7;a77#ae77,u71 #ajf1 #bdj;,a7b77#b71 or #bdd7;a77#c7 7as in effect on ,march #ca1 #aiig72 or 7,b7 is a ,,vawa self-petitioner1 as defined in section #aja7;a77#ea71 with a pending application for relief under a provision referred to in one of subparagraphs 7,a7 through 7,g7 of such section4 4