119-hr4817

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4817 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4817

 To amend the Immigration and Nationality Act to eliminate the annual 
 numerical limitation on visas for certain immigrants, to require the 
 Secretary of Homeland Security to grant work authorization to certain 
 immigrants with a pending application for nonimmigrant status under 
 such Act, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 29, 2025

 Mr. Panetta (for himself and Ms. Moore of Wisconsin) introduced the 
 following bill; 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 visas for certain immigrants, to require the 
 Secretary of Homeland Security to grant work authorization to certain 
 immigrants with a pending application for nonimmigrant status under 
 such Act, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Immigrant Witness and Victim 
Protection Act of 2025''.

SEC. 2. PURPOSE; FINDINGS; SENSE OF CONGRESS.

    (a) 

=== Purpose ===
-The purpose of this Act is to remove barriers for 
alien survivors of domestic violence, sexual assault, human 
trafficking, and other crimes who may be eligible for protections under 
the Violence Against Women Act of 1994

    (VAWA) , the Trafficking Victims 
Protection Act of 2000

    (TVPA) , and their subsequent reauthorizations.

    (b) 

=== Findings ===
-Congress finds the following:

    (1) 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 prosecution. 
 Abusers and perpetrators leverage the immigration system in the 
 abuse and exploitation of aliens they victimize.

    (2) A bipartisan majority in Congress created critical 
 immigration protections in VAWA, TVPA and their subsequent 
 reauthorizations in recognition that alien survivors of 
 domestic violence, sexual assault, human trafficking, and other 
 eligible crimes often fear that reaching out for help may lead 
 to their deportation.

    (3) Detention and removal of those with victim-based cases 
 undermines the intent of VAWA, TVPA, and their subsequent 
 reuauthorizations and re-traumatizes victims and their 
 children. Deporting survivors while they await decisions on 
 their cases discourages victims from accessing justice, 
 undermines the usefulness of these forms of relief as tools for 
 law enforcement that seek to keep all communities safe, 
 separates them from their children and support networks, and 
 eliminates the ability of local law enforcement to continue 
 protecting and working with such crime survivors.

    (4) Lack of timely access to employment authorization makes 
 victims more vulnerable and may lead to their need to endure or 
 return to abusive relationships or exploitative conditions. 
 Crime and abuse survivors should have access to work 
 authorization to escape abusive situations, and gain self-
 sufficiency following victimization so they can support 
 themselves and their families.
            (c) Sense of Congress.--It is the sense of Congress that the 
Secretary of Homeland Security should not deport crime victims or 
neglected, abused, or abandoned youth before their applications for 
humanitarian relief are fully adjudicated, as it undermines critical 
bipartisan protections created in VAWA, TVPA, and their subsequent 
reauthorizations.

SEC. 3. ELIMINATION OF ANNUAL NUMERICAL LIMITATION ON U VISAS.

 

Section 214

    (p) of the Immigration and Nationality Act (8 U.S.C. 
1184

    (p) ) is amended by striking paragraph

    (2) .

SEC. 4. ELIMINATION OF ANNUAL NUMERICAL LIMITATION ON SPECIAL IMMIGRANT 
 JUVENILE VISAS.

    (a) Aliens Not Subject To Direct Numerical Limitations.--

Section 201

    (b)

    (1)
        (A) of the Immigration and Nationality Act (8 U.S.C. 
1151

    (b)

    (1)
        (A) ) is amended by striking ``subparagraph
        (A) or
        (B) '' and 
inserting ``subparagraphs
        (A) ,
        (B) , or
        (J) ''.

    (b) Per Country Levels.--

Section 202

    (a)

    (2) of the Immigration and 
Nationality Act (8 U.S.C. 1152

    (a)

    (2) ) is amended by striking ``

    (5) ,'' 
and inserting ``

    (5) , and except for special immigrants described in 
subparagraph
        (J) of 

section 1101

    (a)

    (27) of this title,''.
            (c) Certain Special Immigrants.--

Section 203

    (b)

    (4) of the 
Immigration and Nationality Act (8 U.S.C. 1153

    (b)

    (4) ) is amended by 
striking ``subparagraph
        (A) or
        (B) '' and inserting ``subparagraphs
        (A) ,
        (B) , or
        (J) ''.

SEC. 5. WORK AUTHORIZATION WHILE APPLICATIONS AND PETITIONS ARE 
 PENDING.

    (a) U Visas.--

Section 214

    (p) of the Immigration and Nationality Act 
(8 U.S.C. 1184

    (p) ) is amended--

    (1) in paragraph

    (6) , by striking the last sentence; and

    (2) by adding at the end the following:
 ``

    (8) Work authorization.--Notwithstanding any provision of 
 this Act granting eligibility for employment in the United 
 States, the Secretary of Homeland Security shall grant 
 employment authorization to an alien who has filed an 
 application for nonimmigrant status under 

section 101

    (a)

    (15)
        (U) on the date that is the earlier of--
 ``
        (A) the date on which the alien's application for 
 such status is approved; or
 ``
        (B) a date determined by the Secretary that is 
 not later than 180 days after the date on which the 
 alien filed the application.''.

    (b) T Visas.--

Section 214

    (o) of the Immigration and Nationality Act 
(8 U.S.C. 1184

    (o) ) is amended by adding at the end the following:
 ``

    (8) Notwithstanding any provision of this Act granting 
eligibility for employment in the United States, the Secretary of 
Homeland Security shall grant employment authorization to an alien who 
has filed a petition for nonimmigrant status under 

section 101

    (a)

    (15)
        (T) on the date that is the earlier of--
 ``
        (A) the date on which the alien's petition for such 
 status is approved; or
 ``
        (B) a date determined by the Secretary that is not later 
 than 180 days after the date on which the alien filed the 
 petition.''.
            (c) VAWA Self-Petitioners.--

Section 204

    (a)

    (1)
        (K) of the Immigration 
and Nationality Act (8 U.S.C. 1154

    (a)

    (1)
        (K) ) is amended to read:
 ``
        (K) Notwithstanding any provision of this Act restricting 
eligibility for employment in the United States, the Secretary of 
Homeland Security shall grant employment authorization to such an alien 
in the United States on the date that is the earlier of--
 ``
            (i) the date on which the alien's petition as a VAWA 
 self-petitioner is approved; or
 ``
            (ii) a date determined by the Secretary that is not later 
 than 180 days after the date on which the alien filed the 
 petition as a VAWA self-petitioner.''.
            (d) Special Immigrant Juveniles.--

Section 245 of the Immigration 
and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the 
following:
 ``

    (o) Work Authorization for Certain Special Immigrants.--
Notwithstanding any provision of this Act granting eligibility for 
employment in the United States, the Secretary of Homeland Security 
shall grant employment authorization to an alien who has filed a 
petition for special immigrant status under 

section 101

    (a)

    (27)
        (J) on 
the date that is the earlier of--
 ``

    (1) the date on which the alien's petition for such 
 status is approved; or
 ``

    (2) a date determined by the Secretary that is not later 
 than 180 days after the date on which the alien filed the 
 petition.''.

    (e) Cancellation of Removal.--

Section 240A

    (b)

    (2) of the Immigration 
and Nationality Act (8 U.S.C. 1229b

    (b)

    (2) ) is amended by adding at the 
end the following:
 ``
        (E) Work authorization.--Notwithstanding any 
 provision of this Act granting eligibility for 
 employment in the United States, 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 180 days after the date on which 
 the alien filed the application.''.

SEC. 6. STAY OF REMOVAL.

    (a) In General.--An alien described in subsection

    (b) shall not be 
removed from the United States under 

section 240 of the Immigration and 
Nationality Act (8 U.S.C. 1229a) 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 review.

    (b) Aliens Described.--An alien is described in this subsection if 
the alien--

    (1) has a pending or approved application or petition under 
 

section 101

    (a)

    (15)
        (T) , 101

    (a)

    (15)
        (U) , 101

    (a)

    (27)
        (J) , 106, 
 240A

    (b)

    (2) , or 244

    (a)

    (3) (as in effect on March 31, 1997) of 
 the Immigration and Nationality Act (8 U.S.C. 1101, 1229a, 
 1254a); or

    (2) is a VAWA self-petitioner, as defined in 

section 101

    (a)

    (51) of the Immigration and Nationality Act, with a 
 pending application for relief under a provision referred to in 
 one of subparagraphs
        (A) through
        (G) of such section.

SEC. 7. PROHIBITION ON DETENTION OF CERTAIN VICTIMS WITH PENDING OR 
 APPROVED PETITION OR APPLICATION.

 

Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) 
is amended by adding at the end the following:
 ``

    (f) Prohibition on Detention of Certain Victims With Pending or 
Approved Petitions and Applications.--
 ``

    (1) In general.--Notwithstanding any other provision of 
 this Act, there shall be a presumption that the alien described 
 in paragraph

    (2) should be released from detention. The 
 Secretary of Homeland Security shall have the duty of rebutting 
 this presumption, which may only be shown based on clear and 
 convincing evidence, including credible and individualized 
 information, that the use of alternatives to detention will not 
 reasonably ensure the appearance of the alien at removal 
 proceedings, or that the alien is a threat to another person or 
 the community. 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 alien.
 ``

    (2) Alien described.--An alien is described in this 
 paragraph if the alien--
 ``
        (A) has a pending or approved application or 
 petition under 

section 101

    (a)

    (15)
        (T) , 101

    (a)

    (15)
        (U) , 
 101

    (a)

    (27)
        (J) , 106, 240A

    (b)

    (2) , or 244

    (a)

    (3) (as in 
 effect on March 31, 1997); or
 ``
        (B) is a VAWA self-petitioner, as defined in 
 

section 101

    (a)

    (51) , with a pending application for 
 relief under a provision referred to in one of 
 subparagraphs
        (A) through
        (G) of such section.''.

SEC. 8. PENALTIES FOR DISCLOSURE OF INFORMATION.

    (a) In General.--

Section 384 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367) is amended--

    (1) in subsection

    (a) --
        (A) in paragraph

    (1) , by striking ``solely'';
        (B) in paragraph

    (2) --
            (i) by striking ``information which 
 relates'' and inserting ``information, files, 
 or records which relate''; and
            (ii) by striking the period at the end and 
 inserting a semicolon; and
            (C) by inserting after paragraph

    (2) the following 
 new paragraph:
 ``

    (3) Except as provided in this paragraph, neither the 
 Department, nor any other official or employee of the 
 Department, or bureau or agency thereof, nor the Department of 
 Justice, nor any official or employee of the Department of 
 Justice, or bureau or agency thereof, may--
 ``
        (A) use the information furnished by the 
 applicant pursuant to an application filed under 
 paragraph

    (15)
        (T) ,

    (15)
        (U) ,

    (27)
        (J) , or

    (51) of 

section 101

    (a) of the Immigration and Nationality Act (8 U.S.C. 
 1101

    (a)

    (15)
        (T) ,

    (15)
        (U) ,

    (27)
        (J) , or

    (51) ), or 

section 240A

    (b)

    (2) of such Act (8 U.S.C. 1229b

    (b)

    (2) ), 

section 106 (8 U.S.C. 1105a), for any purpose other than to 
 make a determination on the application, or for 
 enforcement of subsection
            (c) of this section;
 ``
        (B) make any publication of information that 
 identifies a particular individual; or
 ``
            (C) permit anyone other than the sworn officers 
 and employees of the Department or bureau or agency to 
 examine individual applications.'';

    (2) in subsection

    (b) --
        (A) in paragraph

    (2) , by striking ``legitimate law 
 enforcement purpose,'' and inserting ``a criminal 
 investigation or prosecution,''; and
        (B) by striking paragraph

    (4) and inserting the 
 following new paragraph:
 ``

    (4) Paragraphs

    (2) and

    (3) of subsection

    (a) shall not 
 apply if all the individuals in the case are adults and they 
 have all waived the restrictions of such subsections.''; and

    (3) in subsection
            (d) , by adding at the end the following: 
 ``The Attorney General, Secretary of State, and the Secretary 
 of Homeland Security shall provide Congress with an annual 
 report regarding training provided to officers and employees, 
 the number of investigations opened for violations of 
 paragraphs

    (1) through

    (3) of subsection

    (a) , and the results 
 of those investigations.''.
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