,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #edff  ,,in ,,the ,,house ,,of  
,,representatives  ,december #ag1       
#bjai,mr4 ,takano introduced the        
following bill2 which was referred to   
the ,committee on the ,judiciary  ,a    
,,bill  ,to provide relief for victims  
of hate crimes1 advance the safety and  
well-being of immigrants and refugees1  
and fund improved law enforcement and   
prosecution official training4  #a4     
,short title ,this ,act may be cited as 
the ,prevention of ,anti-,immigrant     
,violence ,act of #bjai4  #b4 ,findings 
,congress finds the following3  7#a7    
,anti-immigrant violence is on the rise1
 with the ,federal ,bureau of           
,investigation 7,,fbi7 reporting an     
#aa4h-percent increase in hate crimes   
against individuals for #bjah compared  
to #bjag and an observed shift in crimes
 against individuals as opposed to      
property4 ,the ,,fbi data shows that    
#ei4f percent of hate crimes reported   
were motivated by race1 ethnicity1 or   

ancestry4 ,in addition1 the #bd hate    
crime murders recorded in #bjah are the 
highest ever reported by the ,,fbi since
 it began tracking hate crimes in #aiia4
 ,since #bjad1 ,,fbi hate crime         
statistics have shown an increasing     
trend in hate crimes1 with the highest  
yearly gains so far reported for #bjag  
at #ag percent4  7#b7 ,the vast majority
 of the reported hate crimes are related
 to race1 ethnicity1 or ancestry4       
,according to the ,department of        
,justice's ,bureau of ,justice          
,statistics 7,,bjs71 ,hispanics         
experience close to double the rate of  
hate crime victimization that           
non-,hispanic ,whites 7#a4c vs #j4g per 
#a1jjj74 ,the #bjai ,national ,crime    
,victimization ,survey 7,,ncvs7 data    
shows that non-,,us citizens are        
victimized at a rate of approximately   
#ab4e victims per #a1jjj non-,,us       
citizens4  7#c7 ,,bjs has shown a       
precipitous decline in reporting of hate
 crimes since #bjad1 with ,,bjs's ,,ncvs

 data showing that between #bjac and    
#bjag more than half of all hate crimes 
7#ajj1jjj7 went unreported annually4    
,,ncvs #bjai statistics show that after 
declining by more than #fj percent in   
the past #ba years1 the number of       
violent crime victims has steadily      
increased since #bjae2 and that the rate
 of unreported violent crimes continues 
to rise2 increasing from #i4e to #ab4i  
per #a1jjj persons between #bjae and    
#bjah4  7#d7 ,many immigrant advocates  
cite fear of deportation as one of the  
reasons people are not coming forward to
 report crimes4 ,the threat of being    
reported to ,immigration and ,customs   
,enforcement 7,,ice7 is used by         
perpetrators of hate crimes to silence  
both victims and witnesses and to avoid 
criminal prosecution4  7#e7 ,detention  
and removal of victims of hate crimes   
undermine the rule of law and gives     
perpetrators the means by which to      
escape prosecution4 ,the deportation of 
victims and witnesses denies them the   

ability to see justice served1 prevents 
law enforcement from keeping communities
 safe1 and exacerbates the problems     
communities face in the rise of         
anti-immigrant violence4  7#f7 ,lack of 
resources has prevented law enforcement1
 prosecutors1 and victimized communities
 from learning about available tools for
 their protection and the prosecution of
 these crimes4 ,everyone seeking justice
 for victims and eager to see a         
reduction in hate crimes must be        
afforded the resources to learn and     
educate the public of these available   
tools4  #c4 ,expansion of criminal      
activity for which a ,u visa may be     
issued2 additional ,u visas made        
available  7a7 ,expansion of criminal   
activity ,section #aja7;a77#ae77,u77iii7
 of the ,immigration and ,nationality   
,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,u77  
is amended by inserting after fraud in  
foreign labor contracting 7as defined in
 section #acea of title #ah1 ,united    
,states ,code72 the following3 hate     

crime acts24  7b7 ,additional visas made
 available ,section #bad7p77#b77;,a7 of 
the ,immigration and ,nationality ,act  
7#h ,u4,s4,c4 #aahd7p77#b77;,a77 is     
amended by striking #aj1jjj and         
inserting #ab1jjj1 thus designating the 
additional #b1jjj visas for victims of  
hate crimes4  #d4 ,prohibition of       
removal of non-citizens with pending    
petitions and applications  7a7 ,in     
general ,a non-citizen 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 non-citizen's application
 for status after the exhaustion of     
administrative and judicial review4  7b7
 ,non-,citizens described ,a non-citizen
 is described in this subsection if the 
non-citizen-- 7#a7 has a pending        
application under section               
#aja7;a77#ae77,t71 #aja7;a77#ae77,u71   
#aja7;a77#bg77;,j71 #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 relief4  #e4 
,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 non-citizen 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 non-citizen at removal proceedings1 
or that the non-citizen is a threat to  
another person or the community4 ,the   
fact that a non-citizen has a criminal  
charge pending against the non-citizen  
may not be the sole factor to justify   
the continued detention of the          
non-citizen4  7#b7 ,non-citizen         
described ,a non-citizen is described in
 this paragraph if the non-citizen--    
7,a7 has a pending application under    
section #aja7;a77#ae77,t71              
#aja7;a77#ae77,u71 #aja7;a77#bg77;,j71  
#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 relief4  4  #f4
 ,grants to identify1 assist1 and       
protect victims of hate crime violence  
7a7 ,definitions ,in this section3  7#a7

 ,eligible entity ,the term eligible    
entity means a ,state1 a local          
government1 or non-governmental         
organizations4  7#b7 ,state ,the term   
,state means any ,state of the ,united  
,states1 the ,district of ,columbia1 the
 ,commonwealth of ,puerto ,rico1 ,guam1 
the ,united ,states ,virgin ,islands1   
the ,commonwealth of the ,northern      
,mariana ,islands1 ,american ,samoa1 and
 any other territory or possession of   
the ,united ,states4  7b7 ,grants       
authorized ,the ,attorney ,general may  
award grants to eligible entities to    
assist non-citizen victims of hate      
crimes and_/or provide training to      
,state and local law enforcement        
personnel or prosecution officials to   
identify and protect victims of         
anti-immigrant driven hate crime        
violence1 criminal activities and harms 
covered by section #aja7;a77#ae77,t71   
#aja7;a77#ae77,u71 #aja7;a77#bg77;,j71  
#ajf1 #bdj;,a7b77#b71 or #bdd7;a77#c7   
7as in effect on ,march #ca1 #aiig72 or 

is a ,,vawa self-petitioner1 as defined 
in section #aja7;a77#ea71 with a pending
 application for relief4  7c7 ,use of   
funds  7#a7 ,partnership or             
collaboration ,an eligible entity       
receiving a grant under this section    
shall carry out or possess at least one 
of the following activities or expertise
 described in paragraph 7#b7 in         
partnership or collaboration with--     
7,a7 ,national1 ,state1 local1 or       
,federal law enforcement or prosecution 
officials dedicated to reducing         
anti-immigrant hate crimes and which    
possess personnel who have more than    
#b-year expertise in and have received  
,u ,visa ,law ,enforcement              
,certification and_/or ,t visa          
declarations training2 or  7,b7         
,national1 ,state1 or local             
non-governmental organizations with more
 than #b years expertise in the         
identification and prosecution of hate  
crime1 dedicated to the reduction of    
anti-immigrant biased violence or       

expertise training on and_/or assisting 
non-citizens navigate the process of    
applying for the ,u visa and any of the 
forms of immigration relief listed in   
section #d7;b7 of this ,act2 or  7,c7 a 
non-governmental organization working in
 partnership or collaboration with a    
group in subparagraph 7,a7 or 7,b74     
7#b7 ,activities and expertise ,the     
activities and expertises referred to in
 paragraph 7#a7 are as follows3 7,a7 ,to
 provide funding to community-based1    
legal or victim services organizations1 
law enforcement or prosecution programs 
with a documented history of effective  
work in identification of hate crimes   
and anti-immigrant violence1 to perform 
outreach in communities that have       
experienced an increase in              
anti-immigrant violence since #bjad4    
7,b7 ,to provide funding to             
community-based1 legal or victim        
services organizations1 law enforcement 
or prosecution programs with a          
documented history of effective work in 

the training of law enforcement and_/or 
prosecution agency personnel to protect 
victims of crimes who are non-citizens  
without lawful immigration status1      
including training such personnel to    
utilize ,federal1 ,state1 or local      
resources to assist such victims and    
their families4  7,c7 ,to provide       
funding to community-based1 legal or    
victim services organizations1 law      
enforcement or prosecution programs with
 a documented history of effective work 
in the training of law enforcement or   
,state or local prosecutors to utilize  
,federal laws that protect such         
non-citizens and their families4  7d7   
,restrictions  7#a7 ,supplement not     
supplant ,a grant awarded under this    
section shall be used to supplement and 
not supplant other ,federal1 ,state1 and
 local public funds available to carry  
out the training described in subsection
 7c74  7#b7 ,administrative expenses ,an
 eligible entity that receives a grant  
under this section may use not more than

 #e percent of the total amount of such 
grant for administrative expenses4  7#c7
 ,nonexclusivity ,nothing in this       
section may be construed to restrict the
 ability of an eligible entity to apply 
for or obtain funding from any other    
source to carry out the training        
described in subsection 7c74  7e7       
,authorization of appropriations ,there 
are authorized to be appropriated       
#aj1jjj1jjj for each of fiscal years    
#bjbj through #bjcj to carry out this   
section4