Protecting aliens who are victims of or witnesses to crimes or are defending civil rights

(a) In general The Director of U.S. Immigration and Customs Enforcement shall ensure, except as provided in subsection (b), that removal is not effectuated, removal proceedings are not initiated, and expedited removal is not invoked against any alien who is known to be— (1) a victim of domestic violence, human trafficking, or any other serious crime; (2) a witness involved in a pending criminal investigation or prosecution at the Federal, State, local, or Tribal level; (3) a plaintiff in a nonfrivolous lawsuit regarding violations of his or her civil rights, including with respect to union organizing and employment discrimination, as described in the memorandum of the U.S. Immigration and Customs Enforcement entitled Prosecutorial Discretion: Certain Victims and Witnesses of Exploitative Labor Practices issued on January 23, 2023; (4) a recipient of deferred action related to worksite enforcement, as described in the memorandum of the Department of Homeland Security entitled Worksite Enforcement: The Strategy to Protect the American Labor Market, the Conditions of the American Worksite, and the Dignity of the Individual issued on October 12, 2021; or (5) actively engaged in an activity related to the preservation of his or her employment, housing, or other legally protected rights. (b) Exceptions (1) In general Notwithstanding subsection (a), an alien described in such subsection may be subject to removal proceedings if the Secretary of Homeland Security determines, on a case-by-case basis, that there is sufficient evidence to conclude that the alien— (A) has been convicted of a serious crime; (B) poses an individualized threat to any person or public safety; (C) has engaged in serious violations of human rights; (D) is complicit in significant immigration fraud; or (E) has filed a claim in bad faith with intent to delay or avoid the removal of an alien. (2) Savings provision Nothing in this subsection may be construed to deny any alien who has been a victim of domestic violence, human trafficking, or certain other crimes from receiving the immigration benefits to which he or she is entitled under the Violence Against Women Act of 1994 (title IV of Public Law 103–322), the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.), or any other applicable law. (c) Effect of violation With respect to a removal proceeding commenced as a result of an enforcement action carried out in violation of subsection (a)— (1) information resulting from such enforcement action may not be entered into the record of proceeding or received into evidence; (2) the alien who is the subject of the removal proceeding may file a motion for the immediate termination of the removal proceeding; and (3) in considering whether to administratively close the removal proceeding, the immigration judge shall give appropriate weight to the circumstances of such enforcement action. (d) Presumption of non-Detention There shall be a presumption of nondetention for individuals described in subsection (a). Such presumption shall not apply if the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. Immigration and Customs Enforcement, or an immigration judge specifically determines that the alien is a threat to himself or herself, the public, or national security. (e) Report The Secretary of Homeland Security shall submit a semiannual report to the Committee on the Judiciary of the Senate, the Committee on Appropriations of the Senate the Committee on the Judiciary of the House of Representatives, and the Committee on Appropriations of the House of Representatives that identifies, for the most recent 180-day period for which such data is available, the number of arrests, detentions, and removals of aliens described in subsection (a).