WISE Act

Expanded U Visa Eligibility: The bill adds qualifying crimes such as hate crime acts, child abuse, and elder abuse to the list of crimes that allow for U Visa status (Section 3(e)). It also expands eligibility to include victims of civil violations (Section s 3(a), 3(c), and 3(d)).

Faster Employment Authorization: The bill mandates that the Secretary of Homeland Security grant employment authorization to U Visa applicants within 180 days of filing (Section 3(h)(8)). Similar expedited work authorization is provided for T visa applicants (Section 3(h)(8)) and abused derivative aliens (Section 4(b)(1)(3)).

Protection from Detention: There is a new presumption that certain victims—including those with pending U, T, or VAWA petitions—should be released from detention without conditions (Section 5(1)).

Safe Spaces for Enforcement: The bill establishes "protected areas," such as schools, medical facilities, and places of worship, where immigration enforcement is restricted unless exigent circumstances exist (Section 7(E)).

Expanded Relief for Families: The Act creates a new category of relief for "abused derivative aliens," allowing spouses and children of certain non-citizens to extend their stay or adjust their status (Section 4(b)). It also provides protections for step-children of battered or abused individuals (Section 13).

Easier Path to Naturalization: Survivors of battery or extreme cruelty by a U.S. citizen spouse, parent, or child may be naturalized after residing in the U.S. for three years, without the requirement of living in marital union for that entire period (Section 20(a)(1)(B)(ii)).

Access to Basic Assistance: The bill repeals certain eligibility restrictions to allow non-citizens access to basic services, including child nutrition programs and medical assistance (Section 8(c)).

Restriction on Enforcement at Protected Areas: Immigration enforcement actions are prohibited at "protected areas" unless there are exigent circumstances, such as a threat to national security or imminent risk of death or violence (Section 7(E)(i)).

Impact on Specific Enforcement Actions: If an enforcement action is initiated at a protected area without prior approval or exigent circumstances, it must be discontinued once those circumstances cease (Section 7(E)(B)).