American Families United Act
This bill limits what constitutes a conviction for immigration purposes and contains other related provisions. (A conviction can in certain instances be grounds for denying an individual immigration benefits.)
Under this bill, certain judgments of guilt, such as one that has been deferred, expunged, or invalidated, shall not be considered a conviction for immigration purposes. An order of probation without an entry of judgment shall also not count as a conviction. Similarly, a pardon shall render the underlying conviction null for immigration purposes.
Furthermore, for immigration purposes, a term of imprisonment shall only include the actual period of incarceration ordered by a court. If a term of imprisonment is suspended for any length, the suspended time shall not be considered as part of the term of imprisonment. (An individual may be denied certain immigration benefits if the individual has been convicted for a crime with a certain term of imprisonment.)
The bill also provides statutory authority for the Department of Justice and Department of Homeland Security to, in certain instances, exercise discretion when enforcing immigration laws, such as waiving one or more grounds of inadmissibility or declining to order an alien removed. Such discretion may only be exercised on a case-by-case basis for humanitarian purposes or to preserve family unity and is subject to other limitations.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8708 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8708
To amend the Immigration and Nationality Act to promote family unity,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 30, 2020
Ms. Escobar (for herself, Mr. Woodall, and Mr. Soto) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to promote family unity,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Families United Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The rights and interests of U.S. citizens should be
protected by our Nation's immigration laws.
(2) It is the intent of Congress to provide the Attorney
General and Secretary of Homeland Security with the limited
ability to exercise their discretion in favor of the spouses,
children, and parents of American citizens in immigration
proceedings, on a case-by-case basis, to ensure fairness and
prevent hardships associated with family separation.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to provide the Attorney
General or the Secretary of Homeland Security with the ability to
exercise the discretionary authority provided in this Act, except on a
case-by-case basis.
SEC. 4 DEFINITION OF CONVICTION.
(1) In general.--Section 101(a)(48) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(48)) is amended by striking
subparagraphs (A) and (B) and inserting the following:
``(A) The term `conviction' means, with respect to
an alien, a final, formal judgment of guilt entered by
a court. A State or Federal court adjudication or
judgment of guilt that has been withheld, deferred,
expunged, annulled, invalidated, or vacated; an order
of probation without entry of judgment; or any similar
disposition under State or Federal law shall not be
considered a conviction for purposes of the immigration
laws.
``(B) A pardon entered by a State or Federal
authority shall render the underlying conviction null
and void for purposes of the immigration laws.
``(C) Any reference to a term of imprisonment or
sentence with respect to an offense is deemed to
include only the actual period of incarceration or
confinement ordered by a court of law. The suspension
of the imposition or execution of a term of
imprisonment or sentence in whole or in part shall not
be included as a part of the sentence for purposes of
the immigration laws.''.
(2) Effective date and application.--The amendments made by
paragraph (1) shall take effect on the date of the enactment of
this Act and shall apply to convictions and sentences entered
before, on, or after the date of the enactment of this Act.
SEC. 5. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION,
INELIGIBILITY OR INADMISSIBILITY OF CITIZEN FAMILY
MEMBERS.
(a) Applications for Relief From Removal.--Section 240(c)(4) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)) is amended by
adding at the end the following:
``(D) Judicial discretion.--
``(i) In general.--In the case of an alien
subject to removal, deportation, or exclusion
proceedings, the Attorney General may, for
reasons described in clause (ii)--
``(I) decline to order such alien
removed, deported, or excluded from the
United States;
``(II) terminate such removal,
deportation, or exclusion proceedings;
and
``(III) grant such alien permission
to reapply for admission to the United
States or any other application for
relief from removal.
``(ii) Limitation on discretion.--The
Attorney General may exercise the discretion
described in clause (i)--
``(I) for humanitarian purposes; or
``(II) to preserve family unity in
the United States if the alien is--
``(aa) the spouse of a
United States citizen; or
``(bb) the parent of a
United States citizen child and
such child's other parent is a
United States citizen or was a
United States citizen at the
time of such other parent's
death.
``(iii) Exclusions.--This subparagraph
shall not apply to an alien whom the Attorney
General determines--
``(I) is inadmissible or deportable
under--
``(aa) subparagraph (B),
(C), (D)(ii), (E), (H), or (I)
of section 212(a)(2);
``(bb) section 212(a)(3);
``(cc) subparagraph (A),
(C), or (D) of section
212(a)(10); or
``(dd) paragraph
(2)(A)(ii), (2)(A)(v), (2)(F),
(4), or (6) of section 237(a);
or
``(II) has--
``(aa) been convicted of
conduct described in paragraph
(8), (11), or (12) of section
103 of the Trafficking Victims
Protection Act of 2000 (22
U.S.C. 7102); or
``(bb) a felony conviction
described in section 101(a)(43)
that would have been classified
as an aggravated felony at the
time of conviction.''.
(b) Secretary's Discretion.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended--
(1) by redesignating the second subsection (t) as
subsection (u); and
(2) by adding at the end the following:
``(v) Secretary's Discretion.--
``(1) In general.--In the case of an alien who is
inadmissible under subsection (a), deportable under section
237, or ineligible for any immigration benefit or relief under
the immigration laws, the Secretary of Homeland Security may,
for reasons described in paragraph (2)--
``(A) and subject to paragraph (3), waive one or
more grounds of inadmissibility or deportability;
``(B) decline to issue a notice to appear requiring
such an alien to appear in a removal proceeding;
``(C) decline to reinstate an order of removal
under section 241(a)(5); and
``(D) grant such an alien permission to reapply for
admission to the United States or any other application
for immigration benefits.
``(2) Limitation on discretion.--The Secretary of Homeland
Security may exercise the discretion described in clause (i)--
``(A) for humanitarian purposes; or
``(B) to preserve family unity in the United States
if the alien is--
``(i) the spouse of a United States
citizen; or
``(ii) the parent of a United States
citizen child and such child's other parent is
a United States citizen or was a United States
citizen at the time of such other parent's
death.
``(3) This subsection shall not apply to an alien whom the
Secretary determines--
``(A) is inadmissible or deportable under--
``(i) subparagraph (B), (C), (D)(ii), (E),
(H), or (I) of subsection (a)(2);
``(ii) subsection (a)(3);
``(iii) subparagraph (A), (C), or (D) of
subsection (a)(10); or
``(iv) paragraph (2)(A)(ii), (2)(A)(v),
(2)(F), or (6) of section 237(a); or
``(B) has--
``(i) been convicted of conduct described
in paragraph (8), (11), or (12) of section 103
of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102); or
``(ii) a felony conviction described in
section 101(a)(43) that would have been
classified as an aggravated felony at the time
of conviction;''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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