Page:United States Statutes at Large Volume 110 Part 4.djvu/803

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-640 "(E) CRIMES OF DOMESTIC VIOLENCE, STALKING, OR VIO- LATION OF PROTECTION ORDER, CRIMES AGAINST CHILDREN AND.— " (i) DOMESTIC VIOLENCE, STALKING, AND CHILD ABUSE.— Any alien who at any time after entry is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term 'crime of domestic violence' means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government. "(ii) VIOLATORS OF PROTECTION ORDERS. —- Any alien who at any time after entry is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injurji^ to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term 'protection order' means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.". (b) EFFECTIVE DATE. —The amendment made by subsection (a) 8 USC 1227 note. shall apply to convictions, or violations of court orders, occurring after the date of the enactment of this Act. SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELATIONSHIP REQUIRED FOR WAIVER FROM EXCLUSION OR DEPORTA- TION FOR SMUGGLING. (a) EXCLUSION. — Section 212(d)(ll) (8 U.S.C. 1182(d)(ll)) is amended by inserting "an individual who at the time of such action was" after "aided only". (b) DEPORTATION.— Section 241(a)(l)(E)(iii) (8 U.S.C. 1251(a)(l)(E)(iii)) is amended by inserting "an individual who at the time of the offense was" after "aided only". (c) EFFECTIVE DATE. —The amendments made by this section 8 USC 1182 note, shall apply to applications for waivers filed before, on, or after the date of the enactment of this Act, but shall not apply to such an application for which a final determination has been made as of the date of the enactment of this Act.

�