Text of Senate Amendment 85

Text of Senate Amendment 85

Congressional Record, Volume 171 Issue 9 (Thursday, January 16, 2025) [Congressional Record Volume 171, Number 9 (Thursday, January 16, 2025)] [Senate] [Page S233] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 85. Ms. HIRONO submitted an amendment intended to be proposed by her to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: On page 3, line 8, strike the period and insert the following: ``; and (4) by adding at the end the following: ``(5) Protections for victims of domestic violence.-- ``(A) In general.--Except as provided by subparagraph (C), paragraphs (1)(E) and (3) shall not apply with respect to an alien if the alien is a victim or witness in an active domestic violence investigation or makes a credible claim that the alien is a victim of or witness to domestic violence. ``(B) Examples.--Examples of circumstances in which paragraphs (1)(E) and (3) do not apply with respect to an alien include if-- ``(i) the alien has received a certification pursuant to section 214(p) certifying that the alien is a victim of or witness to domestic violence; ``(ii) the alien has an approved or bona fide petition pending for immigration relief pursuant to section 101(a)(51) or another provision of this Act based on being battered or subjected to extreme cruelty by a current or former spouse, partner, parent, son, or daughter; or ``(iii) a Federal, State, or local law enforcement agency informs the Secretary that the alien may be a victim of domestic violence, and the arrest or charges described in paragraph (1)(E) were falsely made, based on acts committed under duress or as the result of force, fraud, or coercion, or based on information furnished solely by an abuser. ``(C) Exception.--Notwithstanding subparagraph (A) or (B), paragraphs (1)(E) and (3) shall apply with respect to an alien if the Secretary determines that the alien is a threat to public safety or national security.''. ______