American Families United Act
This bill authorizes the Department of Homeland Security (DHS) or the Department of Justice (DOJ) to exercise discretion in certain immigration cases. The bill also removes certain requirements related to birthright citizenship.
Under this bill, DOJ or DHS may, on a case-by-case basis, exercise discretion by declining to remove an alien or bar an alien from entering the United States to prevent hardship for the alien's U.S. citizen spouse, parent, or child. However, DOJ or DHS may not exercise this discretion if the alien is removable or inadmissible due to certain grounds, including specified crime- and security-related grounds.
The bill also removes certain requirements related to birthright citizenship for a child born outside of the United States to one U.S. citizen parent and one alien parent. Specifically, the bill removes a provision that requires the U.S. citizen parent to be physically present in the United States for at least five years before the child's birth in order for the child to acquire U.S. citizenship at birth.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2920 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2920
To amend the Immigration and Nationality Act to promote family unity,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2021
Ms. Escobar (for herself and Mr. Valadao) 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 United States 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 ability to
exercise their discretion in favor of preventing hardship to
the spouses, children, and parents of United States 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. 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
in removal proceedings, who is the spouse or
child of a United States citizen, the Attorney
General may, for reasons described in clause
(ii)--
``(I) decline to order such alien
removed from the United States;
``(II) terminate such removal
proceedings; or
``(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.--
``(I) In general.--The Attorney
General may exercise discretion
described in clause (i) if the Attorney
General determines that removal of the
alien or the denial of a requested
benefit would result in hardship to the
alien's United States citizen spouse,
parent, or child.
``(II) Hardship.--For purposes of
subclause (I), there is a presumption
that family separation shall result in
hardship.
``(iii) Exclusions.--This subparagraph
shall not apply to an alien whom the Attorney
General determines is inadmissible or
deportable under--
``(I) subparagraph (B), (C),
(D)(ii), (E), (H), or (I) of section
212(a)(2);
``(II) section 212(a)(3);
``(III) subparagraph (A), (C), or
(D) of section 212(a)(10); or
``(IV) paragraph (2)(A)(iii),
(2)(A)(v), (2)(F), (4), or (6) of
section 237(a).''.
(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 the
spouse or child of a United States citizen, and who is
inadmissible under subsection (a), deportable under section
237, or ineligible for any immigration benefit or relief under
the immigration laws as a result of such inadmissibility or
deportability, the Secretary of Homeland Security may, for
reasons described in paragraph (2)--
``(A) waive one or more grounds of inadmissibility
or deportability;
``(B) decline to issue a notice to appear requiring
such an alien to appear for removal proceedings;
``(C) decline to reinstate an order of removal
under section 241(a)(5); and
``(D) grant such alien permission to reapply for
admission to the United States or any other application
for an immigration benefit.
``(2) Limitation on discretion.--
``(A) In general.--The Secretary of Homeland
Security may exercise discretion described in paragraph
(1) if the Secretary determines that removal of the
alien or the denial of a requested benefit would result
in hardship to the alien's United States citizen
spouse, parent, or child.
``(B) Hardship.--For purposes of subparagraph (A),
there is a presumption that family separation shall
result in hardship.
``(3) Exclusions.--This subsection shall not apply to an
alien whom the Secretary determines is inadmissible or
deportable under--
``(A) subparagraph (B), (C), (D)(ii), (E), (H), or
(I) of subsection (a)(2);
``(B) subsection (a)(3);
``(C) subparagraph (A), (C), or (D) of subsection
(a)(10); or
``(D) paragraph (2)(A)(iii), (2)(A)(v), (2)(F), or
(6) of section 237(a).''.
(c) Nationality at Birth and Collective Naturalization.--Section
301(g) of the Immigration and Nationality Act (8 U.S.C. 1401(g)) is
amended by striking ``for a period or periods totaling not less than
five years, at least two of which were after attaining the age of
fourteen years''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
Subcommittee on Immigration and Citizenship Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 16.
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