Prohibition on detention of certain victims with pending or approved petitions and applications

Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding at the end the following: (f) Prohibition on detention of certain victims with pending or approved petitions and applications (1) In general Notwithstanding any other provision of this Act, there shall be a presumption that the alien described in paragraph (2) shall be released from detention without conditions. The Secretary of Homeland Security may rebut the presumption if the Secretary determines, based on clear and convincing evidence that is retained in the record, including credible and individualized information, that the use of alternatives to detention will not reasonably ensure the appearance of the alien at removal proceedings, or that the alien is a danger to another person or the community. The fact that an alien has a criminal charge pending against the alien or dismissed may not be the sole factor to justify the continued detention of the alien. (2) Alien described An alien described in this paragraph is an alien who— (A) has a pending application under section 101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997); (B) is a VAWA self-petitioner with a pending application for relief under a provision referred to in one of subparagraphs (A) through (G) of section 101(a)(51); or (C) has a pending or approved petition under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J))..