WISE Act Eliminates U-Visa Cap, Speeds Work Permits for Victims, and Restricts ICE at Hospitals and Schools

The Working for Immigrant Safety and Empowerment Act, or the WISE Act, is a major overhaul of how the U.S. government handles non-citizen victims of serious crimes like domestic violence, trafficking, and sexual assault. This bill focuses on tearing down bureaucratic walls that currently prevent these vulnerable individuals—including those applying for U-visas, T-visas, or VAWA self-petitions—from getting legal status and protection. It accelerates work authorization, eliminates major backlogs, and introduces strict new rules about where immigration enforcement can operate.

The U-Visa Backlog: Going from Years to Months

If you’ve been following immigration news, you know the U-visa program—for victims cooperating with law enforcement—is notoriously slow, often taking over a decade due to a hard cap of 10,000 visas per year. Section 3 of the WISE Act scraps that annual numerical limit entirely. This is huge. For the thousands of people stuck in limbo, this move alone could drastically cut down the wait time for final status. Furthermore, the bill broadens who qualifies for a U-visa, adding specific crimes like hate crime acts, child abuse, and elder abuse, while also including certain “civil violations” related to the underlying criminal activity.

Work Authorization: Getting Back to Work Sooner

For most people, the ability to work legally is the difference between stability and destitution. The WISE Act recognizes this by dramatically speeding up the timeline for work authorization for crime victims. Under Sections 3 and 8, applicants for U-visas, T-visas (trafficking victims), and VAWA self-petitioners must be granted employment authorization much sooner—specifically, by the earlier of when their application is approved or just 180 days after they file. This means that instead of waiting years for permission to earn a living, victims can start working legally within six months, providing immediate stability while their main case is processed.

Protected Areas: Keeping Enforcement Out of Sensitive Spaces

Section 7 introduces one of the most significant changes to immigration enforcement policy by creating “Protected Areas.” This defines a 1,000-foot zone around sensitive locations like hospitals, schools (K-12 and postsecondary), daycares, places of worship, courthouses, and domestic violence shelters. Immigration officers (ICE and CBP) generally cannot conduct enforcement actions in these areas unless there are “exigent circumstances”—like an immediate threat to public safety or national security—and they get specific high-level written approval.

This is a major win for community trust. For example, a parent seeking medical care at a hospital, or a victim attending a court hearing, shouldn't have to fear being arrested by ICE just for showing up. If an enforcement action violates these new rules, any evidence gathered during that action is inadmissible in a removal case, and the target can move to have their case dismissed. This new rule will require significant operational adjustments for ICE and CBP, limiting their flexibility near community hubs.

Due Process: Stopping Deportation While Cases Are Pending

Sections 5, 11, and 12 address a serious fairness issue: victims often face deportation while waiting for their humanitarian applications to be processed. The WISE Act establishes a strong legal presumption that individuals with pending applications for U-visas, T-visas, VAWA relief, or Special Immigrant Juvenile Status (SIJS) must be released from detention. Furthermore, the government is explicitly prohibited from removing these individuals until their applications are completely and finally denied, including all appeals. This provides essential due process and security for people who are actively seeking legal protection.

Expanding Access to Basic Needs

Section 8 quietly addresses a major hurdle for many lawfully present noncitizens: access to essential public benefits. The bill cleans up old welfare reform laws from 1996, replacing restrictive terms like “alien” with “noncitizen,” and expands the definition of “lawfully present” to include several groups previously excluded, notably those granted Deferred Action for Childhood Arrivals (DACA). This means that DACA recipients, along with those with pending T-visas or SIJS, will now be eligible for certain federal medical assistance and child nutrition programs, easing the financial burden on these families. This is a practical shift that recognizes the long-term presence and contribution of these populations.