Overview

Title

To extend immigration benefits to survivors of domestic violence, sexual assault, human trafficking, and other gender-based violence, and for other purposes.

ELI5 AI

H.R. 2851, also called the “WISE Act,” is a bill that wants to help people from other countries who have been hurt by bad things like violence or unwanted touching by making it easier for them to stay and work in the U.S. without worrying about getting in trouble for being here.

Summary AI

H.R. 2851, also called the “WISE Act,” aims to extend immigration benefits to survivors of domestic violence, sexual assault, human trafficking, and similar crimes. It seeks to remove immigration barriers for these non-citizen survivors by amending the Violence Against Women Act and the Trafficking Victims Protection Act. The bill introduces reforms like eliminating numerical limits on certain visas, granting work authorization more readily, and offering deportation protections while applications are pending. It also ensures that individuals in sensitive situations, such as those in hospitals or places of worship, are protected from immigration enforcement actions.

Published

2025-04-10
Congress: 119
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2025-04-10
Package ID: BILLS-119hr2851ih

Bill Statistics

Size

Sections:
21
Words:
13,342
Pages:
62
Sentences:
166

Language

Nouns: 3,839
Verbs: 892
Adjectives: 545
Adverbs: 85
Numbers: 507
Entities: 774

Complexity

Average Token Length:
4.01
Average Sentence Length:
80.37
Token Entropy:
5.40
Readability (ARI):
40.88

AnalysisAI

General Summary of the Bill

This proposed bill, known as the "Working for Immigrant Safety and Empowerment Act" or the "WISE Act," aims to extend and enhance immigration benefits and protections to survivors of domestic violence, sexual assault, human trafficking, and other gender-based violence. It introduces numerous amendments to existing immigration laws, particularly focusing on issues faced by non-citizen survivors, providing them with the opportunity to adjust their immigration status and gain work authorization. The legislation also seeks to facilitate a more humane approach by limiting detention and ensuring these survivors cannot be removed from the United States until their legal proceedings are complete.

Summary of Significant Issues

One major concern with the bill is the broad discretion given to the Secretary of Homeland Security, particularly regarding work authorization and the granting of waivers. This kind of discretion could lead to inconsistencies in application and raise ethical questions about checks and balances. Further, the elimination of numerical limits for U visas could have budgetary implications, requiring careful financial analysis to prevent economic strain.

Additionally, the amendments bring about a lack of precise guidelines or criteria for determining factors like "public or national interest" when granting waivers. This lack of clarity might foster arbitrary decision-making. Moreover, terms such as "extreme cruelty" and the "good faith belief in marriage" are ambiguously defined, which could result in inconsistent applications of the law. Lastly, there is the challenge of implementing procedural changes within tight timelines, potentially straining resources and affecting the overall efficiency of the Department of Homeland Security.

Impact on the Public Broadly

Broadly, this bill could have a significant positive impact by providing essential protections and support to vulnerable immigrants who are survivors of violence. By simplifying and broadening access to legal status, it could create a more compassionate immigration system that recognizes the unique challenges these individuals face. This approach could foster trust between immigrant communities and governmental institutions, promoting a sense of security and empowerment.

However, the broadening of eligibility for visas and reduction in penalties might necessitate increased governmental resources and oversight, which could impact the speed and efficiency of immigration procedures. Such changes might foster an influx of applications, putting a strain on existing immigration infrastructure.

Impact on Specific Stakeholders

For survivors of violence, this bill could be life-changing. It offers a pathway to stability, legal recognition, and the ability to work legally in the U.S., which are crucial for individuals who have faced abuse and exploitation. These changes could help survivors rebuild their lives without fear of deportation.

Conversely, for immigration officials and government agencies, the bill presents challenges in terms of resources and administrative procedures. The requirement to manage a larger caseload and potentially more complex legal determinations without an increase in resources could affect their capacity to efficiently process applications and enforce immigration laws. Additionally, some segments of the public and policymakers could perceive the loosening of restrictions as contrary to firm immigration control, leading to potential political and social debates.

Overall, the WISE Act represents a bold step towards compassionate immigration reform, but its success will depend on careful management of resources, clear guidelines, and balanced discretionary powers to ensure consistency and fairness in application.

Issues

  • The broad discretion granted to the Secretary of Homeland Security regarding work authorization, parole, and waivers (Sections 3 and 16) raises concerns about checks and balances and the potential for inconsistent application, which could lead to both ethical and administrative issues.

  • The elimination of U visa numerical limits (Section 3(g)) and the waiver of monetary penalties (Section 14) might result in significant budgetary implications and necessitate a thorough cost-benefit analysis to understand potential financial impacts.

  • The lack of clear criteria and guidelines for determining 'public or national interest' in granting waivers (Section 16) could lead to arbitrary decision-making and potential misuse, raising legal and ethical concerns.

  • The removal of civil penalties for failure to depart (Section 3(j)) could have economic impacts that require further assessment and analysis to evaluate potential fiscal effects.

  • The amendments related to aging out determinations (Section 3(k)) need clarification on how they interact with existing provisions to avoid conflict or redundancy, which is important for legal clarity.

  • Introducing complex legal amendments and references without explanation (various sections) could lead to misunderstandings among those without legal expertise, which could affect public perception and compliance.

  • The provision for employment authorization within 180 days (Section 8(e)) raises potential for administrative burden without ensuring additional resources, potentially affecting the efficiency of the DHS.

  • The ambiguous definition of terms such as 'extreme cruelty' and 'good faith belief in marriage' (Sections 4 and 13) could lead to inconsistent application and adjudication, which might result in legal challenges.

  • The tight timelines for implementing procedural changes and reporting requirements (Section 6) may strain departmental resources, potentially causing inefficiencies and affecting the bill's effectiveness.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of this Act states its short title, which can be referred to as the “Working for Immigrant Safety and Empowerment Act” or simply the “WISE Act”.

2. Purpose; sense of Congress Read Opens in new tab

Summary AI

The section outlines that the purpose of the Act is to help non-citizen victims of domestic violence, sexual assault, human trafficking, and similar crimes by removing immigration barriers and ensuring they have access to protections under laws like the Violence Against Women Act and the Trafficking Victims Protection Act. Additionally, it expresses the opinion of Congress that the Department of Homeland Security should make it easier for these victims to access protections and avoid deporting them before deciding on their applications for humanitarian relief.

3. U visa reform Read Opens in new tab

Summary AI

The section outlines several changes to the U visa program, which helps victims of certain crimes in the U.S. stay in the country. It includes adding civil rights violations to the list of qualifying activities, removing annual limits on visas, speeding up work authorizations, and ensuring certain protections for children turning 21 during the application process.

4. Immigration status for certain battered spouses and children Read Opens in new tab

Summary AI

The bill provides immigration status relief for spouses and children who have been abused by their principal immigrant family members, allowing them to stay in the U.S. for the same period as the principal or for three years, whichever is longer. It includes provisions for employment authorization, potential adjustment to permanent residency, and clarifies the eligibility for children and the effect of changes in relationships, without the abuse affecting their residential status.

106. Relief for abused derivative aliens Read Opens in new tab

Summary AI

The section provides protections for "abused derivative aliens" by allowing them to remain in the U.S. and possibly adjust their immigration status to permanent residency if they or their children have been subject to abuse by someone they accompanied into the country. It also ensures that the death, separation, or lost status of the principal alien does not negatively impact their eligibility, and it extends similar protections to their family members if it prevents extreme hardship.

5. Prohibition on detention of certain victims with pending or approved petitions and applications Read Opens in new tab

Summary AI

The section amends the Immigration and Nationality Act to stipulate that certain immigrants with specific pending or approved applications, such as for victims of human trafficking or domestic violence, should generally be released from detention without conditions. The Secretary of Homeland Security can argue against this presumption if there is clear evidence that alternatives to detention would not ensure the individual's appearance at proceedings or that the individual poses a danger to others.

6. Access to certain information Read Opens in new tab

Summary AI

The section amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to modify rules about how immigration information is shared or used, increase penalties for certain violations, and require annual reports and training related to these rules. It also establishes a process for addressing violations and allows individuals harmed by such violations to take legal action.

7. Powers of immigration officers and employees at protected areas Read Opens in new tab

Summary AI

The section details the rules for immigration officers conducting enforcement actions in protected areas, like schools, hospitals, and churches, requiring them to have prior approval and face restrictions unless there are urgent situations. It also mandates training for officials, annual reporting to Congress, and ensures those affected by these actions know their rights.

8. Protections and relief for domestic violence survivors Read Opens in new tab

Summary AI

The section of the bill provides various legal protections and benefits for survivors of domestic violence who are immigrants. It includes amendments to the Immigration and Nationality Act to ensure eligibility for work authorization, access to social services, and relief from certain immigration restrictions, while also establishing rights to judicial review and eligibility for employment authorization for VAWA self-petitioners and other noncitizens.

9. Relief for domestic violence survivor visa waiver entrants Read Opens in new tab

Summary AI

The section updates the Immigration and Nationality Act to allow survivors of domestic violence and certain nonimmigrant applicants, including T and U visa applicants, VAWA self-petitioners, and special immigrant juveniles, to apply for specific waivers and not be subjected to certain requirements. This amendment applies retroactively, meaning it affects both past and future waivers under the specified section of the Act.

10. Strengthen waivers for humanitarian need, family unity, or public interest Read Opens in new tab

Summary AI

The section strengthens waivers for certain aliens who are victims of abuse, known as VAWA self-petitioners, by allowing them exceptions to immigration penalties related to unlawful entry or false claims of U.S. citizenship. It amends various clauses in the Immigration and Nationality Act to offer these individuals protection and support, emphasizing humanitarian needs, family unity, and public interest.

11. Prohibition on Removal of Survivors of Violence Read Opens in new tab

Summary AI

The proposed amendment to the Immigration and Nationality Act ensures that certain individuals who have survived abuse or violence cannot be removed from the United States until a final decision is made on their application for legal status, and they have exhausted all their legal options. This protection applies to those with pending or approved petitions for special immigrant juvenile status, VAWA self-petitioners, and individuals eligible for specific forms of immigration relief.

12. Exception to reinstatement Read Opens in new tab

Summary AI

The text amends the Immigration and Nationality Act to state that individuals with certain pending or approved applications or petitions cannot be ordered to leave the U.S. under specific circumstances.

13. Protections for step-children Read Opens in new tab

Summary AI

The bill amends the Immigration and Nationality Act to expand protections for step-children who are victims of abuse. It clarifies that step-children can still file for self-petitions under the Violence Against Women Act (VAWA) even if their natural or step-parents die or divorce, and considers visitation as part of their residence with a citizen or permanent resident step-parent.

14. Waiver of monetary penalty Read Opens in new tab

Summary AI

The section amends the Immigration and Nationality Act to exempt certain groups from monetary penalties. These groups include VAWA self-petitioners, applicants for certain nonimmigrant statuses, and those petitioning for Special Immigrant Juvenile status.

15. Technical correction Read Opens in new tab

Summary AI

The section amends part of the Immigration and Nationality Act by updating the heading to specifically mention "battered spouses, children, and parents." It also changes certain references to sections of the act to include version-specific details and corrects a definition reference related to another law.

16. Permit immigration judges to grant inadmissibility waivers Read Opens in new tab

Summary AI

The amendment to the Immigration and Nationality Act allows immigration judges, in addition to the Secretary of Homeland Security, to waive certain grounds of inadmissibility for specific nonimmigrant visa holders if it is considered beneficial for public or national interest.

17. Elimination of visa caps for abused, abandoned, or neglected children Read Opens in new tab

Summary AI

The section of the bill proposes changes to the Immigration and Nationality Act to remove limits on the number of visas available to children who have been abused, abandoned, or neglected. It amends several parts of the Act to ensure these children are not restricted by worldwide or per-country visa caps, allowing them easier access to immigration benefits.

18. Elimination of general consent standard for abused, abandoned, or neglected children Read Opens in new tab

Summary AI

The bill modifies the Immigration and Nationality Act by stating that juvenile courts cannot decide the custody of a child in the care of the Secretary of Health and Human Services unless the Secretary agrees, and that being a parent of such a child does not grant any immigration benefits.

19. Deadline for motions to reopen orders of removal Read Opens in new tab

Summary AI

The amendment to the Immigration and Nationality Act allows individuals with pending or approved petitions for special immigrant juvenile status to file a motion to reopen their removal orders without any time limit. This means they can apply to adjust their status and are protected from being removed while their motion is being decided, even if appeals are involved, and only one such motion can be filed regardless of numerical restrictions.

20. Naturalization Read Opens in new tab

Summary AI

The section amends the requirements for naturalization of certain individuals, like spouses of U.S. citizens and lawful permanent residents who have been abused by a U.S. citizen family member. These individuals can seek naturalization after living continuously in the U.S. for three years, and specific residency and presence conditions apply, with additional protections for those who have suffered abuse.