H.R.2851 - Working for Immigrant Safety and Empowerment Act; WISE Act (119th Congress)
Summary
H.R.2851, the Working for Immigrant Safety and Empowerment (WISE) Act, aims to extend immigration benefits and protections to non-citizen survivors of domestic violence, sexual assault, human trafficking, and other gender-based violence. The bill seeks to remove barriers to immigration status for vulnerable immigrants eligible for protections under the Violence Against Women Act (VAWA) and the Trafficking Victims Protection Act (TVPA). It also includes provisions for U visa reform, relief for abused derivative aliens, and prohibitions on the detention of certain victims with pending or approved petitions.
Expected Effects
The WISE Act would likely result in increased access to immigration relief for survivors of abuse and violence. It would also provide greater protections against deportation and detention for these individuals. The bill also broadens the scope of qualifying crimes for U visas and eliminates annual numerical limitations.
Potential Benefits
- Provides immigration relief and protection to vulnerable populations, particularly survivors of domestic violence, sexual assault, and human trafficking.
- Expands the scope of U visas to include civil violations and additional qualifying crimes like hate crimes, child abuse, and elder abuse.
- Eliminates annual U visa numerical limitations, potentially reducing wait times for eligible applicants.
- Prohibits the detention of certain victims with pending or approved petitions, ensuring their safety and well-being.
- Increases access to basic assistance and services for lawfully present non-citizens, promoting their integration and self-sufficiency.
Potential Disadvantages
- Eliminating U visa caps could strain resources and increase processing times for all immigration applications.
- Broadening the definition of qualifying crimes and civil violations for U visas may lead to increased fraud and abuse.
- The bill's provisions could potentially incentivize illegal immigration by offering more pathways to legal status.
- Increased access to public benefits for non-citizens may place a burden on state and federal budgets.
- Some provisions may be perceived as exceeding the scope of existing immigration laws and protections.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's focus on protecting vulnerable populations and ensuring due process aligns with constitutional principles of equal protection and justice. The Fifth Amendment's guarantee of due process is relevant to the provisions regarding detention and removal proceedings. However, some aspects related to federalism and the balance of power between the federal government and the states could be debated, particularly concerning the provision of public benefits.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).