S.Amdt. 85

Ms. Hirono submitted this amendment to the bill S. 5, which is about requiring the Secretary of Homeland Security to take certain aliens into custody.

• Protections for victims: The amendment adds protections for certain aliens who are victims or witnesses in an active domestic violence investigation, or who make a credible claim that they are victims of or witnesses to domestic violence.
• Specific examples: These protections apply if the alien received a certification as a victim or witness, has an approved or pending petition for immigration relief based on being battered or subjected to extreme cruelty by a family member, or if a law enforcement agency informs the Secretary that the alien may be a victim and the charges were falsely made, made under duress, or furnished solely by an abuser.
• Public safety exception: Even with these protections, the custody rules still apply if the Secretary determines the alien is a threat to public safety or national security.