WISE Act

Bill Number

H.R. 2851

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-04-10: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Agriculture, Education and Workforce, Energy and Commerce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Last Updated

2026-03-26T08:06:28Z

AI-Generated Summary

Purpose

The Working for Immigrant Safety and Empowerment Act (WISE Act), H.R. 2851, aims to expand immigration protections for non-citizen survivors of domestic violence, sexual assault, human trafficking, and other gender-based violence. It seeks to eliminate barriers to legal status under existing laws like the Violence Against Women Act (VAWA) of 1994 and the Trafficking Victims Protection Act (TVPA) of 2000, while promoting timely access to relief and preventing deportation during application processing.

Key Provisions

• U Visa Reforms (Sec. 3): Expands eligibility for U visas (nonimmigrant status for crime victims who assist law enforcement) to include civil violations (e.g., non-criminal administrative proceedings related to abuse or trafficking) alongside criminal acts. Adds new qualifying crimes like hate crimes, child abuse, and elder abuse. Eliminates the annual cap of 10,000 U visas, allows work authorization within 180 days of filing, provides parole for waitlisted applicants abroad, and protects against civil penalties for overstaying visas. Includes "aging out" protections to keep children eligible as dependents even if they turn 21 during processing.

• Relief for Abused Spouses and Children (Sec. 4): Creates a new category (Section 106 of the Immigration and Nationality Act) for "abused derivative aliens" (spouses or children admitted based on a principal alien's status who suffer battery or extreme cruelty from that principal). Grants them extended nonimmigrant status (up to 3 years or matching the principal's), work authorization, and pathways to permanent residency if inadmissibility grounds are waived on humanitarian, family unity, or public interest grounds. Protects against loss of status due to the principal's death, divorce, or invalid marriage (e.g., bigamy). Extends benefits to derivatives of these aliens and allows self-petitioning rights even after remarriage.

• Prohibition on Detention (Sec. 5): Presumes release without conditions for victims with pending or approved applications under U, T (trafficking), VAWA, special immigrant juvenile (SIJ), or cancellation of removal provisions. Detention can only continue with clear evidence of flight risk or danger, not solely based on pending charges.

• Access to Information Protections (Sec. 6): Strengthens confidentiality for VAWA, U, T, and SIJ applicants by prohibiting misuse of their information, expanding penalties to $10,000 per violation, requiring annual training and reporting, and creating a civil cause of action for victims of breaches.

• Limits on Enforcement in Protected Areas (Sec. 7): Restricts immigration enforcement (e.g., arrests, searches) within 1,000 feet of sensitive locations like schools, hospitals, places of worship, domestic violence shelters, courthouses, and rallies, unless exigent circumstances (e.g., imminent harm) exist with prior supervisory approval. Violations suppress evidence in removal proceedings. Mandates training, discreet operations, and annual reporting to Congress.

• Protections for Domestic Violence Survivors (Sec. 8): Broadens cancellation of removal eligibility by removing certain inadmissibility bars (e.g., false claims to citizenship). Allows de novo (full, fresh review) judicial review of denials. Repeals 1996 welfare reform restrictions on public benefits (e.g., Medicaid, SNAP, housing) for lawfully present non-citizens, expanding access to health care, nutrition, and other services. Provides work authorization for T visa, VAWA, and SIJ applicants within 180 days. Eases adjustment of status for survivors, including those entering on fiancé(e) visas who face abuse.

• Relief for Visa Waiver Entrants and Waivers (Secs. 9-10, 14): Exempts survivors from visa waiver program ineligibility due to overstays if they apply for relief. Strengthens waivers for unlawful presence, false citizenship claims, and material misrepresentations for VAWA self-petitioners and victims. Waives monetary penalties for document fraud for eligible survivors.

• Prohibitions on Removal and Reinstatement (Secs. 11-12): Bars removal of survivors with pending or approved VAWA, U, T, or SIJ applications until final denial after appeals. Excludes them from expedited reinstatement of prior removal orders.

• Protections for Step-Children and SIJs (Secs. 13, 17-19): Expands VAWA self-petitioning for step-children abused by step-parents, regardless of parental death or divorce. Eliminates visa caps and per-country limits for SIJs (abused, abandoned, or neglected children). Removes consent requirements from prior adoptive parents for SIJ status. Allows unlimited motions to reopen removal orders for SIJ applicants, with automatic stays on deportation.

• Naturalization and Other Relief (Secs. 16, 20): Permits immigration judges to waive U visa inadmissibility grounds. Allows VAWA self-petitioners (battered by U.S. citizen spouses, parents, or children) to naturalize after 3 years as permanent residents without the usual marital union requirement.

• Technical and Conforming Changes (Secs. 15): Updates definitions and procedures for consistency, such as special rules for battered family members in removal proceedings.

Significant Changes to Existing Law

• Removes the U visa numerical cap, potentially increasing approvals from ~10,000 annually to unlimited.
• Introduces civil violations and new crimes to U visa qualifying acts, broadening eligibility beyond criminal cases.
• Repeals key sections of the 1996 Personal Responsibility and Work Opportunity Reconciliation Act, ending "qualified alien" restrictions on federal benefits and treating more non-citizens as eligible for services like Medicaid and food assistance.
• Shifts certification for U visas solely to DHS, eliminating law enforcement requirements.
• Creates standalone relief for abused derivatives, previously limited under VAWA.
• Expands judicial review and waivers, reducing administrative discretion in victim cases.
• Effective dates vary: Many apply retroactively to pending applications; benefit changes take effect 180 days after guidance issuance.

Potential Impacts

• Government Agencies: Increases workload for DHS (e.g., processing uncapped U visas, work authorizations, waivers) and immigration courts (e.g., more hearings, suppressed evidence cases). Requires new training, reporting, and remedial processes, potentially straining resources but improving compliance and efficiency in victim protections. USDA, HHS, and HUD must update benefit programs for broader non-citizen access.
• Citizens and Non-Citizens: Enhances safety and economic stability for immigrant survivors by providing faster work permits, benefits, and status pathways, reducing reliance on abusers. Families benefit from aging-out protections and derivative relief. Could indirectly aid U.S. citizens in mixed-status households via family unity.
• International Relations: May encourage cooperation with foreign governments on trafficking and abuse cases by paroling waitlisted family members abroad. Strengthens U.S. commitments under international human rights treaties on violence against women and child protection, but no direct foreign policy shifts.

Main Stakeholders Affected

• Non-Citizen Survivors: Primary beneficiaries, including victims of domestic violence, sexual assault, trafficking, child/elder abuse, and SIJs, gaining easier access to visas, status, benefits, and protection from enforcement/detention.
• Family Members: Spouses, children, and derivatives of principals or survivors, protected from aging out or relationship terminations.
• Advocacy and Service Organizations: Groups providing victim services (e.g., shelters, legal aid) benefit from enforcement limits in protected areas and confidentiality enhancements.
• Law Enforcement and DHS: Immigration officers face new restrictions and training; local agencies with DHS agreements must comply.
• U.S. Taxpayers and Benefit Programs: Broader access to public benefits may increase costs for programs like Medicaid and SNAP, offset by survivor self-sufficiency through work authorization.

Notable Legal, Constitutional, or Political Implications

• Legal: Aligns with VAWA and TVPA by codifying bipartisan victim protections, but expands them significantly (e.g., uncapped visas, benefit repeals), potentially leading to litigation over retroactivity or resource allocation. Enhances due process via judicial review and evidence suppression, reducing arbitrary enforcement.
• Constitutional: Supports equal protection and due process under the 5th and 14th Amendments by safeguarding vulnerable groups from deportation and abuse. Limits on enforcement in sensitive areas may raise 1st Amendment concerns if seen as restricting free exercise of religion or assembly, but exemptions for exigent circumstances mitigate this.
• Political: Reinforces humanitarian immigration priorities, likely appealing to progressive lawmakers (as introduced by a diverse Democratic coalition), but could spark debate on costs, border security, and benefit expansions amid broader immigration reform discussions. Requires congressional oversight through annual reports, promoting transparency.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Jayapal, Pramila [D-WA-7]

Cosponsors (43)

Rep. Schakowsky, Janice D. [D-IL-9], Rep. Espaillat, Adriano [D-NY-13], Rep. Panetta, Jimmy [D-CA-19], Rep. Ansari, Yassamin [D-AZ-3], Rep. Balint, Becca [D-VT-At Large], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Carbajal, Salud O. [D-CA-24], Rep. Casar, Greg [D-TX-35], Rep. Casten, Sean [D-IL-6], Rep. Castro, Joaquin [D-TX-20], Rep. Chu, Judy [D-CA-28], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Goldman, Daniel S. [D-NY-10], Rep. Hoyle, Val T. [D-OR-4], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Khanna, Ro [D-CA-17], Rep. Liccardo, Sam [D-CA-16], Rep. McGovern, James P. [D-MA-2], Rep. Meng, Grace [D-NY-6], Rep. Moore, Gwen [D-WI-4], Rep. Morrison, Kelly [D-MN-3], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Omar, Ilhan [D-MN-5], Rep. Ramirez, Delia C. [D-IL-3], Rep. Scanlon, Mary Gay [D-PA-5], Rep. Simon, Lateefah [D-CA-12], Rep. Smith, Adam [D-WA-9], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Thanedar, Shri [D-MI-13], Rep. Tlaib, Rashida [D-MI-12], Rep. Velázquez, Nydia M. [D-NY-7], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Williams, Nikema [D-GA-5], Rep. Nadler, Jerrold [D-NY-12], Rep. Vargas, Juan [D-CA-52], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Correa, J. Luis [D-CA-46], Rep. Latimer, George [D-NY-16], Rep. Lee, Summer L. [D-PA-12], Rep. Clarke, Yvette D. [D-NY-9], Rep. Salinas, Andrea [D-OR-6], Rep. Pocan, Mark [D-WI-2]

Recent Actions

• 2025-04-10: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Agriculture, Education and Workforce, Energy and Commerce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-04-10: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Agriculture, Education and Workforce, Energy and Commerce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-04-10: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Agriculture, Education and Workforce, Energy and Commerce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-04-10: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Agriculture, Education and Workforce, Energy and Commerce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-04-10: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Agriculture, Education and Workforce, Energy and Commerce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-04-10: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Agriculture, Education and Workforce, Energy and Commerce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-04-10: Introduced in House
• 2025-04-10: Introduced in House

Bill Versions

• Working for Immigrant Safety and Empowerment Act — issued 2025-04-10 — PDF (62 pages)