Speech #1090100852

Congress encourages DHS to make use of its discretionary authority to consent to the admission of such previously removed aliens (using the existing 1212 process). Section 814 provides that an alien whose petition as a VAWA petitioner has been approved may be granted work authorization. U visa applicants are provided work authorization under existing law. I want to emphasize that this section gives DHS statutory authority to grant work authorization to approved VAWA selfpetitioners without having to rely upon deferred action. I believe that one of the most important protections offered by this section toward prevention of domestic violence is that Section 814 of this bill provides that an alien spouse admitted under the A (foreign diplomats). E3 (Australian investor). G (international organizations). or H (temporary worker) visa nonimmigrant programs accompanying or following to join a principal alien shall be granted work authorization if the spouse demonstrates that during the marriage he or she (or a child) has been battered or has been subjected to extreme cruelty perpetrated by the principal alien. This section is intended to reduce domestic violence by giving victims tools to protect themselves and hold abusers accountable. Research has found the financial dependence on an abuser is a primary reason that battered women are reluctant to cooperate in their abusers prosecution. With employment authorization. many abused spouses protected by this section will be able to attain work providing them the resources that will make them more able to safely act to stop the domestic violence. The specially trained CIS unit shall adjudicate these requests. I believe that Section 817 of this Act contains same of the most important protections for immigrant victims. This section is enhances VAWAs confidentiality protections for immigrant victims and directs immigration enforcement officials not to rely on information provided by an abuser. his family members or agents to arrest or remove an immigrant victim from the United States. Threats of deportation are the most potent tool abusers of immigrant victims use to maintain control over and silence their victims and to avoid criminal prosecution. In 1996. Congress created special protections for victims of domestic violence against disclosure of information to their abusers and the use of information provided by abusers in removal proceedings. In 2000. and in this Act. Congress extended these protections to cover victims of trafficking. certain crimes and others who qualify for VAWA immigration relief. These provisions are designed to ensure that abusers and criminals cannot use the immigration system against their victims. Examples include abusers using DHS to obtain information about their victims. including the existence of a VAWA immigration petition. interfering with or undermining their victims immigration cases. and encouraging immigration enforcement offices to pursue removal actions against their victims. Immigration enforcement agents and government officials covered by this section must not initiate contact with abusers. call abusers as witnesses or rely on information furnished by or derived from abusers to apprehend. detain and attempt to remove victims of domestic violence. sexual assault and trafficking. as prohibited by section 384 of IIRIRA. In determining whether a person furnishing information is a prohibited source. primary evidence should include. but not be limited to. court records. government databases. affidavits from law enforcement officials. and previous decisions by DHS or Department of Justice personnel. Other credible evidence must also be considered.