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yorktown · Guest

This bill was passed and signed into law by the president of the USA on January 5, 2006. It is a law with tremendous amount of text ( HR3402 ). The full text can be read here:

http://thomas.loc.gov/cgi-bin/query/C?c109:./temp/~c109x3Cz3k

Basically Section 801+ deals with Human Trafficking and touches upon Marriage Brokers.

This is just info. The real bills to watch are pending.....See HR3657 and Senate bill S1618. See my next posts on the board for that.

Marc Lesnick
Conference Organizer
Internet Dating Conference

Provided to InternetDatingConference.com courtesy of the United States Congress:

H.R.3402

Violence Against Women and Department of Justice Reauthorization Act of 2005 (Enrolled as Agreed to or Passed by Both House and Senate)

Subtitle A--Victims of Crime

SEC. 801. TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS.

(a) Treatment of Spouse and Children of Victims of Trafficking- Section 101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended--

(1) in clause (i)--

(A) in the matter preceding subclause (I), by striking `Attorney General' and inserting `Secretary of Homeland Security, or in the case of subclause (III)(aa) the Secretary of Homeland Security and the Attorney General jointly;';

(B) in subclause (III)(aa)--

(i) by inserting `Federal, State, or local' before `investigation'; and

(ii) by striking `, or' and inserting `or the investigation of crime where acts of trafficking are at least one central reason for the commission of that crime; or'; and

(C) in subclause (IV), by striking `and' at the end;

(2) by amending clause (ii) to read as follows:

`(ii) if accompanying, or following to join, the alien described in clause (i)--

`(I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien; or

`(II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien; and'; and

(3) by inserting after clause (ii) the following:

`(iii) if the Secretary of Homeland Security, in his or her discretion and with the consultation of the Attorney General, determines that a trafficking victim, due to psychological or physical trauma, is unable to cooperate with a request for assistance described in clause (i)(III)(aa), the request is unreasonable.'.

(b) Treatment of Spouses and Children of Victims of Abuse- Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended--

(1) in clause (i), by striking `Attorney General' and inserting `Secretary of Homeland Security'; and

(2) by amending clause (ii) to read as follows:

`(ii) if accompanying, or following to join, the alien described in clause (i)--

`(I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien; or

`(II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien; and'.

(c) Technical Amendments- Section 101(i) of the Immigration and Nationality Act (8 U.S.C. 1101(i)) is amended--

(1) in paragraph (1), by striking `Attorney General' and inserting `Secretary of Homeland Security, the Attorney General,'; and

(2) in paragraph (2), by striking `Attorney General' and inserting `Secretary of Homeland Security'.

SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF TRAFFICKING IN PERSONS.

(a) In General- Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the end the following:

`(V) VICTIMS OF A SEVERE FORM OF TRAFFICKING IN PERSONS- Clause (i) shall not apply to an alien who demonstrates that the severe form of trafficking (as that term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) was at least one central reason for the alien's unlawful presence in the United States.'.

(b) Technical Amendment- Paragraphs (13) and (14) of section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) are amended by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security'.

SEC. 803. ADJUSTMENT OF STATUS.

(a) Victims of Trafficking- Section 245(l) of the Immigration and Nationality Act (8 U.S.C. 1255(l)) is amended--

(1) in paragraph (1)--

(A) by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security, or in the case of subparagraph (C)(i), the Attorney General,'; and

(B) in subparagraph (A), by inserting at the end `or has been physically present in the United States for a continuous period during the investigation or prosecution of acts of trafficking and that, in the opinion of the Attorney General, the investigation or prosecution is complete, whichever period of time is less;';

(2) in paragraph (2), by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security'; and

(3) in paragraph (5), by striking `Attorney General' and inserting `Secretary of Homeland Security'.

(b) Victims of Crimes Against Women- Section 245(m) of the Immigration and Nationality Act (8 U.S.C. 12255(m)) is amended--

(1) in paragraph (1)--

(A) by striking `Attorney General may adjust' and inserting `Secretary of Homeland Security may adjust'; and

(B) in subparagraph (B), by striking `Attorney General' and inserting `Secretary of Homeland Security';

(2) in paragraph (3)--

(A) by striking `Attorney General may adjust' and inserting `Secretary of Homeland Security may adjust'; and

(B) by striking `Attorney General considers' and inserting `Secretary considers'; and

(3) in paragraph (4), by striking `Attorney General' and inserting `Secretary of Homeland Security'.

SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

(a) Clarification of Department of Justice and Department of Homeland Security Roles- Section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) is amended--

(1) in subsections (b)(1)(E), (e)(5), and (g), by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security'; and

(2) in subsection (c), by inserting `, the Secretary of Homeland Security' after `Attorney General'.

(b) Certification Process- Section 107(b)(1)(E) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)) is amended--

(1) in clause (i)--

(A) in the matter preceding subclause (I), by inserting `and the Secretary of Homeland Security' after `Attorney General'; and

(B) in subclause (II)(bb), by inserting `and the Secretary of Homeland Security' after `Attorney General'.

(2) in clause (ii), by inserting `Secretary of Homeland Security' after `Attorney General';

(3) in clause (iii)--

(A) in subclause (II), by striking `and' at the end;

(B) in subclause (III), by striking the period at the end and inserting `; or'; and

(C) by adding at the end the following:

`(IV) responding to and cooperating with requests for evidence and information.'.

(c) Protection From Removal for Certain Crime Victims- Section 107(e) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(e)) is amended by striking `Attorney General' each place it occurs and inserting `Secretary of Homeland Security'.

(d) Annual Report- Section 107(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(g)) is amended by inserting `or the Secretary of Homeland Security' after `Attorney General'.

SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE.

(a) Aging Out Children- Section 204(a)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)) is amended--

(1) in clause (i)--

(A) in subclause (I), by inserting `or section 204(a)(1)(B)(iii)' after `204(a)(1)(A)' each place it appears; and

(B) in subclause (III), by striking `a petitioner for preference status under paragraph (1), (2), or (3) of section 203(a), whichever paragraph is applicable,' and inserting `a VAWA self-petitioner'; and

(2) by adding at the end the following:

`(iv) Any alien who benefits from this subparagraph may adjust status in accordance with subsections (a) and (c) of section 245 as an alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii).'.

(b) Application of CSPA Protections-

(1) IMMEDIATE RELATIVE RULES- Section 201(f) of the Immigration and Nationality Act (8 U.S.C. 1151(f)) is amended by adding at the end the following:

`(4) APPLICATION TO SELF-PETITIONS- Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners.'.

(2) CHILDREN RULES- Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended by adding at the end the following:

`(4) APPLICATION TO SELF-PETITIONS- Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners.'.

(c) Late Petition Permitted for Immigrant Sons and Daughters Battered as Children-

(1) IN GENERAL- Section 204(a)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)), as amended by subsection (a), is further amended by adding at the end the following:

`(v) For purposes of this paragraph, an individual who is not less than 21 years of age, who qualified to file a petition under subparagraph (A)(iv) as of the day before the date on which the individual attained 21 years of age, and who did not file such a petition before such day, shall be treated as having filed a petition under such subparagraph as of such day if a petition is filed for the status described in such subparagraph before the individual attains 25 years of age and the individual shows that the abuse was at least one central reason for the filing delay. Clauses (i) through (iv) of this subparagraph shall apply to an individual described in this clause in the same manner as an individual filing a petition under subparagraph (A)(iv).'.

(d) Removing a 2-Year Custody and Residency Requirement for Battered Adopted Children- Section 101(b)(1)(E)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(E)(i)) is amended by inserting before the colon the following: `or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household'.

Subtitle B--VAWA Self-Petitioners

SEC. 811. DEFINITION OF VAWA SELF-PETITIONER.

Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:

`(51) The term `VAWA self-petitioner' means an alien, or a child of the alien, who qualifies for relief under--

`(A) clause (iii), (iv), or (vii) of section 204(a)(1)(A);

`(B) clause (ii) or (iii) of section 204(a)(1)(B);

`(C) section 216(c)(4)(C);

`(D) the first section of Public Law 89-732 (8 U.S.C. 1255 note) (commonly known as the Cuban Adjustment Act) as a child or spouse who has been battered or subjected to extreme cruelty;

`(E) section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note);

`(F) section 202(d)(1) of the Nicaraguan Adjustment and Central American Relief Act; or

`(G) section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208).'.

SEC. 812. APPLICATION IN CASE OF VOLUNTARY DEPARTURE.

Section 240B(d) of the Immigration and Nationality Act (8 U.S.C. 1229c(d)) is amended to read as follows:

`(d) Civil Penalty for Failure To Depart-

`(1) IN GENERAL- Subject to paragraph (2), if an alien is permitted to depart voluntarily under this section and voluntarily fails to depart the United States within the time period specified, the alien--

`(A) shall be subject to a civil penalty of not less than $1,000 and not more than $5,000; and

`(B) shall be ineligible, for a period of 10 years, to receive any further relief under this section and sections 240A, 245, 248, and 249.

`(2) APPLICATION OF VAWA PROTECTIONS- The restrictions on relief under paragraph (1) shall not apply to relief under section 240A or 245 on the basis of a petition filed by a VAWA self-petitioner, or a petition filed under section 240A(b)(2), or under section 244(a)(3) (as in effect prior to March 31, 1997), if the extreme cruelty or battery was at least one central reason for the alien's overstaying the grant of voluntary departure.

`(3) NOTICE OF PENALTIES- The order permitting an alien to depart voluntarily shall inform the alien of the penalties under this subsection.'.

SEC. 813. REMOVAL PROCEEDINGS.

(a) Exceptional Circumstances-

(1) IN GENERAL- Section 240(e)(1) of the Immigration and Nationality Act (8 U.S.C. 1229a(e)(1)) is amended by striking `serious illness of the alien' and inserting `battery or extreme cruelty to the alien or any child or parent of the alien, serious illness of the alien,'.

(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall apply to a failure to appear that occurs before, on, or after the date of the enactment of this Act.

(b) Discretion to Consent to an Alien's Reapplication for Admission-

(1) IN GENERAL- The Secretary of Homeland Security, the Attorney General, and the Secretary of State shall continue to have discretion to consent to an alien's reapplication for admission after a previous order of removal, deportation, or exclusion.

(2) SENSE OF CONGRESS- It is the sense of Congress that the officials described in paragraph (1) should particularly consider exercising this authority in cases under the Violence Against Women Act of 1994, cases involving nonimmigrants described in subparagraph (T) or (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), and relief under section 240A(b)(2) or 244(a)(3) of such Act (as in effect on March 31, 1997) pursuant to regulations under section 212.2 of title 8, Code of Federal Regulations.

(c) Clarifying Application of Domestic Violence Waiver Authority in Cancellation of Removal-

(1) IN GENERAL- Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended--

(A) in paragraph (1)(C), by striking `(except in a case described in section 237(a)(7) where the Attorney General exercises discretion to grant a waiver)' and inserting `, subject to paragraph (5)';

(B) in paragraph (2)(A)(iv), by striking `(except in a case described in section 237(a)(7) where the Attorney General exercises discretion to grant a waiver)' and inserting `, subject to paragraph (5)'; and

(C) by adding at the end the following:

`(5) APPLICATION OF DOMESTIC VIOLENCE WAIVER AUTHORITY- The authority provided under section 237(a)(7) may apply under paragraphs (1)(B), (1)(C), and (2)(A)(iv) in a cancellation of removal and adjustment of status proceeding.'.

SEC. 814. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS AND LIMITATION ON PETITIONING FOR ABUSERS.

(a) Application of VAWA Deportation Protections to Aliens Eligible for Relief Under Cuban Adjustment and Haitian Refugee Immigration Fairness Act- Section 1506(c)(2) of the Violence Against Women Act of 2000 (8 U.S.C. 1229a note; division B of Public Law 106-386) is amended--

(1) in subparagraph (A)--

(A) by amending clause (i) to read as follows:

`(i) if the basis of the motion is to apply for relief under--

`(I) clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A));

`(II) clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B));

`(III) section 244(a)(3) of such Act (8 U.S.C. 8 U.S.C. 1254(a)(3));

`(IV) the first section of Public Law 89-732 (8 U.S.C. 1255 note) (commonly known as the Cuban Adjustment Act) as a child or spouse who has been battered or subjected to extreme cruelty; or

`(V) section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note); and'; and

(B) in clause (ii), by inserting `or adjustment of status' after `suspension of deportation'; and

(2) in subparagraph (B)(ii), by striking `for relief' and all that follows through `1101 note))' and inserting `for relief described in subparagraph (A)(i)'.

(b) Employment Authorization for VAWA Self-Petitioners- Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the following:

`(K) Upon the approval of a petition as a VAWA self-petitioner, the alien--

`(i) is eligible for work authorization; and

`(ii) may be provided an `employment authorized' endorsement or appropriate work permit incidental to such approval.'.

(c) Employment Authorization for Battered Spouses of Certain Nonimmigrants- Title I of the Immigration and Nationality Act is amended by adding at the end the following new section:

`SEC. 106. EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF CERTAIN NONIMMIGRANTS.

`(a) In General- In the case of an alien spouse admitted under subparagraph (A), (E)(iii), (G), or (H) of section 101(a)(15) who is accompanying or following to join a principal alien admitted under subparagraph (A), (E)(iii), (G), or (H) of such section, respectively, the Secretary of Homeland Security may authorize the alien spouse to engage in employment in the United States and provide the spouse with an `employment authorized' endorsement or other appropriate work permit if the alien spouse demonstrates that during the marriage the alien spouse or a child of the alien spouse has been battered or has been the subject of extreme cruelty perpetrated by the spouse of the alien spouse. Requests for relief under this section shall be handled under the procedures that apply to aliens seeking relief under section 204(a)(1)(A)(iii).

`(b) Construction- The grant of employment authorization pursuant to this section shall not confer upon the alien any other form of relief.'.

(d) Clerical Amendment- The table of contents of such Act is amended by inserting after the item relating to section 105 the following new item:

`Sec.