referred to section 101(a)(51) shall have no effect on approval of such petition or application and shall not be the basis for revocation of an petition under section 205. . (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to VAWA self-petitioners filing applications before, on, or after the date of the enactment of this Act. 5. 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)