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II
117TH CONGRESS
1ST SESSION
S. 260
To provide immigration status for certain battered spouses and children.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 4, 2021
Ms. KLOBUCHAR (for herself, Mr. COONS, Mr. BLUMENTHAL, and Ms.
HIRONO) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To provide immigration status for certain battered spouses
and children.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting Immigrant
4
Victims of Domestic Violence Act’’.
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SEC. 2. IMMIGRATION STATUS FOR CERTAIN BATTERED
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SPOUSES AND CHILDREN.
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(a) NONIMMIGRANT STATUS
FOR CERTAIN BAT-
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TERED SPOUSES AND CHILDREN.—Section 101(a)(51) of
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•S 260 IS
the
Immigration
and
Nationality
Act
(8
U.S.C.
1
1101(a)(51)) is amended—
2
(1) in subparagraph (F), by striking ‘‘or’’ at
3
the end;
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(2) in subparagraph (G), by striking the period
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at the end and inserting ‘‘; or’’; and
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(3) by adding at the end the following:
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‘‘(H) section 106 as an abused derivative
8
alien.’’.
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(b) RELIEF FOR ABUSED DERIVATIVE ALIENS.—
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(1) AMENDMENT.—Section 106 of the Immi-
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gration and Nationality Act (8 U.S.C. 1105a) is
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amended to read as follows:
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‘‘SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS.
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‘‘(a) ABUSED DERIVATIVE ALIEN DEFINED.—In this
15
section, the term ‘abused derivative alien’ means an alien
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who—
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‘‘(1) is a spouse or child admitted under section
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101(a)(15);
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‘‘(2) is accompanying or following to join a
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principal alien admitted under such section; and
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‘‘(3) has been subject to battery or extreme cru-
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elty by such principal alien.
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‘‘(b) RELIEF FOR ABUSED DERIVATIVE ALIENS.—
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The Secretary of Homeland Security—
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•S 260 IS
‘‘(1) shall grant admission to, or extend the pe-
1
riod of admission for, an abused derivative alien
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under the subparagraph of section 101(a)(15) pur-
3
suant to which the principal alien was admitted for
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the period that is the longer of—
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‘‘(A) the same period for which the prin-
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cipal alien was initially admitted; or
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‘‘(B) 3 years;
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‘‘(2) may renew a grant or an extension of sta-
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tus made under paragraph (1);
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‘‘(3) shall grant employment authorization to
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an abused derivative alien; and
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‘‘(4) may adjust the status of an abused deriva-
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tive alien to that of an alien lawfully admitted for
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permanent residence if—
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‘‘(A)(i) the abused derivative alien is ad-
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missible under section 212(a); or
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‘‘(ii) the Secretary of Homeland Security
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determines that the continued presence in the
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United States of the abused derivative alien is
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justified—
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‘‘(I) on humanitarian grounds;
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‘‘(II) to ensure family unity; or
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‘‘(III) is otherwise in the public inter-
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est; and
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•S 260 IS
‘‘(B) the status under which the principal
1
alien was admitted to the United States would
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have potentially allowed for eventual adjustment
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of status.
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‘‘(c) EFFECT OF TERMINATION OF RELATIONSHIP.—
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Termination of the relationship with principal alien shall
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not affect the status of an abused derivative alien under
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this section if battery or extreme cruelty by the principal
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alien was one central reason for termination of the rela-
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tionship.
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‘‘(d) PROCEDURES.—A request for relief under this
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section shall be handled under the procedures that apply
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to an alien seeking relief under section 204(a)(1)(B).’’.
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(2) CLERICAL AMENDMENT.—The table of con-
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tents preceding section 101 of the Immigration and
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Nationality Act (8 U.S.C. 1101) is amended by
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striking the item relating to section 106 and insert-
17
ing the following:
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‘‘Sec. 106. Relief for abused derivative aliens.’’.
Æ
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