H.R. 4817 — Immigrant Witness and Victim Protection Act of 2025

This section states the purpose of the Act 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) and the Trafficking Victims Protection Act of 2000 (TVPA); sets forth four related congressional findings concerning the use of deportation threats by abusers, the history and intent of VAWA and TVPA protections, the effects of detaining and removing such survivors, and the need for timely employment authorization; and expresses the sense of Congress that the Secretary of Homeland Security should not deport crime victims or neglected, abused, or abandoned youth before fully adjudicating their humanitarian relief applications.

This section exempts special immigrant juveniles described in INA §101(a)(27)(J)—unaccompanied foreign minors subjected to abuse, neglect, or abandonment by at least one parent—from worldwide and per-country numerical limitations on immigrant visas previously applicable under the employment-based fourth preference (EB-4) category. Specifically, it (1) revises INA §201(b)(1)(A) to include such juveniles among aliens not subject to direct numerical limits; (2) amends INA §202(a)(2) to exempt them from per-country caps; and (3) updates INA §203(b)(4) to incorporate them into the employment-based exemption. (Thus, SIJ visas are no longer counted against the annual EB-4 cap of approximately 10,000.)

This section requires the Secretary of Homeland Security to grant employment authorization to applicants for specified immigration benefits on the earlier of approval or a date not later than 180 days after filing (except for cancellation of removal applicants, for whom authorization must be granted within 180 days of filing), notwithstanding other restrictions on employment eligibility. Specifically, the section (1) establishes this requirement for U nonimmigrant status under INA §214(p) (8 U.S.C. 1184(p))—for victims of qualifying crimes who assist law enforcement—by striking a restriction in existing law and adding new paragraph (8); (2) establishes it for T nonimmigrant status under INA §214(o) (8 U.S.C. 1184(o))—for victims of severe human trafficking—by adding new paragraph (8); (3) revises INA §204(a)(1)(K) (8 U.S.C. 1154(a)(1)(K)) to establish it for VAWA self-petitioners (i.e., spouses, children, or parents of U.S. citizens or lawful permanent residents subjected to battery or extreme cruelty who file Form I-360 petitions independently); (4) establishes it under new INA §245(o) (8 U.S.C. 1255(o)) for special immigrant juvenile (SIJ) petitions under INA §101(a)(27)(J)—for certain abused, neglected, or abandoned children under state court jurisdiction; and (5) establishes it under new INA §240A(b)(2)(E) (8 U.S.C. 1229b(b)(2)(E)) for non-lawful permanent resident cancellation of removal applications, which require 10 years of continuous U.S. presence, good moral character, and exceptional hardship to a U.S. citizen or lawful permanent resident qualifying relative.

This section establishes a stay of removal for certain aliens under INA §240 (8 U.S.C. 1229a) or any other law until a final denial of the alien's application for status after exhaustion of administrative and judicial review. Aliens protected in subsection (b) include those with a pending or approved application or petition under INA §101(a)(15)(T) (T nonimmigrant status for victims of severe human trafficking), §101(a)(15)(U) (U nonimmigrant status for victims of qualifying crimes), §101(a)(27)(J) (special immigrant status for certain international broadcasters), §106, §240A(b)(2) (cancellation of removal for certain battered non-permanent residents), or §244(a)(3) (as in effect on March 31, 1997) (former Temporary Protected Status provision); or VAWA self-petitioners, as defined in INA §101(a)(51), with a pending application for relief under provisions listed in subparagraphs (A) through (G) of that section (i.e., various forms of adjustment, cancellation, or suspension of deportation available to victims of domestic violence).

This section establishes a presumption of release from detention—rebuttable only by clear and convincing evidence from the Secretary of Homeland Security that alternatives to detention will not reasonably ensure the alien's appearance at removal proceedings or that the alien is a threat to persons or the community—for aliens with (1) a pending or approved application or petition under specified victim-relief provisions, including nonimmigrant status for trafficking victims (section 101(a)(15)(T)), crime victims (section 101(a)(15)(U)), special immigrant juveniles (section 101(a)(27)(J)), political asylum (section 106), cancellation of removal for battered spouses or children (section 240A(b)(2)), or suspension of deportation for extreme hardship (section 244(a)(3), as in effect on March 31, 1997); or (2) status as a VAWA self-petitioner (section 101(a)(51)) with a pending application for related relief. (Thus, a pending criminal charge alone may not justify continued detention.) The provision applies notwithstanding other detention requirements in the Immigration and Nationality Act.

This section revises confidentiality protections and penalties for unauthorized disclosure of information, files, or records furnished under applications for T nonimmigrant status (human trafficking victims), U nonimmigrant status (certain crime victims), special immigrant juvenile status under INA §101(a)(27)(J), cancellation of removal for battered individuals under INA §240A(b)(2), or other specified relief, as follows: (1) in subsection (a), strikes "solely" from the general disclosure prohibition, expands paragraph (2) to explicitly cover "files or records," and adds new paragraph (3) barring use except for application adjudication or penalty enforcement, publication identifying individuals, or examination by non-sworn personnel; (2) in subsection (b), limits the law enforcement exception in paragraph (2) to "a criminal investigation or prosecution" (from "legitimate law enforcement purpose") and revises paragraph (4) to permit waiver of paragraphs (a)(2) and (3) only if all individuals are adults who have waived; and (3) in subsection (d), requires annual reports to Congress from the Attorney General, Secretary of State, and Secretary of Homeland Security on training provided, investigations opened for violations of subsection (a)(1)-(3), and investigation results.