What does Preamble of HR 2851 do?

This bill, formally titled 'To extend immigration benefits to survivors of domestic violence, sexual assault, human trafficking, and other gender-based violence, and for other purposes,' aims to extend immigration benefits to survivors of gender-based violence. The bill was introduced in the House of Representatives on April 10, 2025.

What does SHORT TITLE. of HR 2851 do?

This bill is formally titled the Working for Immigrant Safety and Empowerment Act.

What does PURPOSE; SENSE OF CONGRESS. of HR 2851 do?

This Act aims to remove barriers to immigration status for non-citizen survivors of domestic violence, sexual assault, human trafficking, and other crimes. The Act seeks to provide vulnerable immigrants access to protections under the Violence Against Women Act of 1994 (VAWA) and the Trafficking Victims Protection Act of 2000 (TVPA). Congress expresses the sense that the Secretary of Homeland Security should reduce barriers and provide timely access to immigration protections for crime victims. Congress believes that deporting crime victims before their humanitarian relief applications are adjudicated undermines protections established in VAWA and the TVPA.

What does U VISA REFORM. of HR 2851 do?

This section amends the Immigration and Nationality Act related to U visas for victims of certain crimes. It expands the definition of qualifying crimes to include hate crimes, child abuse, and elder abuse. The legislation removes certain bases for denial of U visas and modifies the criteria for civil violations. It mandates that the Secretary of Homeland Security grant employment authorization to U visa applicants within 180 days of filing, or upon approval of their application, whichever is earlier. The bill allows the Secretary to grant parole to U visa petitioners and their qualifying family members while petitions are pending. It eliminates civil penalties for failure to depart related to U visa petitions. The section modifies aging out determinations for children and parents applying for U visas. The amendments are to take effect as if enacted as part of the Victims of Trafficking and Violence Protection Act of 2000.

What does IMMIGRATION STATUS FOR CERTAIN BATTERED SPOUSES AND CHILDREN. of HR 2851 do?

This section amends the Immigration and Nationality Act to provide relief for abused derivative aliens. It defines an 'abused derivative alien' as a spouse or child admitted under a specific section who has experienced battery or extreme cruelty by their principal alien. The Secretary of Homeland Security may consider abused derivative aliens and their children for extensions of admission, employment authorization, and potential adjustment of status to lawful permanent residence. The section outlines provisions for children of abused derivative aliens, including considerations for those who attain 21 years of age after their parent's petition was filed. It establishes that the death of the principal alien or termination of the relationship will not affect the abused derivative alien's status. The section addresses situations where an alien may have believed they were married to the principal alien, even if the marriage was invalid due to bigamy. It clarifies procedures for handling requests for relief under this section. The amendments apply to VAWA self-petitioners filing applications on or after the date of enactment.

What does PROHIBITION ON DETENTION OF CERTAIN VICTIMS WITH PENDING OR of HR 2851 do?

This section amends the Immigration and Nationality Act to establish a presumption of release from detention for certain victims. The Secretary of Homeland Security may rebut this presumption only with clear and convincing evidence demonstrating that alternatives to detention are insufficient to ensure appearance at removal proceedings or that the alien poses a danger. The use of a pending criminal charge as the sole factor for continued detention is prohibited. The aliens covered by this provision include those with pending applications under specific sections related to trafficking victims, VAWA self-petitioners, and those with pending or approved petitions under section 101(a)(27)(J) of the Immigration and Nationality Act.

What does ACCESS TO CERTAIN INFORMATION. of HR 2851 do?

This section amends Section 384 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996. Amendments broaden the types of information accessible, including 'files, or records,' and change the verb 'relates' to 'relate'. Restrictions are placed on the use of applicant information, limiting it to application determinations or enforcement of subsection (c). Publication of information that could identify or locate individuals is prohibited. Access to individual applications is restricted to sworn officers and employees of the Department or bureau or agency. The definition of 'legitimate law enforcement purpose' is narrowed to 'a criminal investigation or prosecution'. Exceptions to the restrictions are made if all individuals involved are adults and have waived the restrictions in writing. The monetary limit in subsection (c) is increased from $5,000 to $10,000. The Attorney General, Secretary of State, and the Secretary of Homeland Security must provide Congress with an annual report on training, investigations, and results. The Attorney General, Secretary of State, and the Secretary of Homeland Security must establish a process for individuals harmed by violations of this section, including an appeal process. Individuals injured by violations can bring a civil action for relief, including striking information from records. Each Secretary must annually report on the number of employees sanctioned for violations.

What does POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT PROTECTED of HR 2851 do?

This section amends the Immigration and Nationality Act to define terms related to enforcement actions in protected areas. It establishes a definition of 'protected area' which includes locations like medical facilities, schools, places of worship, courthouses, and shelters. Enforcement actions at protected areas are generally prohibited unless exigent circumstances exist and prior approval is obtained. The section outlines specific approval processes for enforcement actions involving different agencies and levels of law enforcement. It mandates modifications to the Notice to Appear form to inform individuals about restrictions on enforcement actions and available remedies. The Director of ICE and the Commissioner of CBP must submit annual reports to Congress detailing enforcement actions at protected areas.

What does PROTECTIONS AND RELIEF FOR DOMESTIC VIOLENCE SURVIVORS. of HR 2851 do?

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What does RELIEF FOR DOMESTIC VIOLENCE SURVIVOR VISA WAIVER ENTRANTS. of HR 2851 do?

This section amends Section 217(b)(2) of the Immigration and Nationality Act to include specific applications and relief types in the list of circumstances allowing for waivers. The amendment applies retroactively to waivers provided under Section 217(b)(2) before, on, or after the date of enactment. Spouses or children of certain exchange visitors, VAWA self-petitioners, and special immigrant juveniles are exempted from the requirements of Section 212(e) of the Immigration and Nationality Act.

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WISE Act — HR. 2851

Last updated: 4/10/2025 · Introduced: 4/10/2025

Author: Pramila Jayapal (D-WA)

TL;DR (AI)

The WISE Act extends immigration benefits to survivors of domestic violence, sexual assault, human trafficking, and other gender-based violence by removing barriers to immigration status for non-citizen survivors of these crimes.
It expands the definition of qualifying crimes for U visas to include hate crimes, child abuse, and elder abuse, and provides employment authorization to U visa applicants within 180 days of filing.
The Act provides relief for abused derivative aliens, allowing them to apply for extensions of admission, employment authorization, and adjustment of status to lawful permanent residence.
It establishes a presumption of release from detention for certain victims, including those with pending applications under specific sections related to trafficking victims and VAWA self-petitioners.
The Act also prohibits the removal of certain individuals, including those with pending or approved petitions for special immigrant juvenile status and VAWA self-petitioners, until a final denial of their application for status after all administrative and judicial review options have been exhausted.

119th Congressin committeeOfficial page

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