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.
Under this bill, DOJ or DHS may, on a case-by-case basis, exercise discretion by declining to remove a non-U.S. national (alien under federal law) or bar an alien from entering the United States to prevent hardship for the alien's U.S. citizen spouse, parent, or child. This discretion may also be exercised if the alien is the spouse or child of a deceased U.S. citizen.
For the purposes of this bill, it shall be presumed that family separation constitutes hardship.
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.
This exercise of discretion may be applied to an alien who was ordered removed or denied entry prior to this bill's enactment if the alien files a motion to reopen or reconsider within two years of this bill's enactment.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1698 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1698
To amend the Immigration and Nationality Act to promote family unity,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Ms. Escobar (for herself, Ms. Salazar, Mr. Raskin, Ms. Tlaib, Ms.
Williams of Georgia, Ms. Norton, Ms. Jacobs, Ms. Barragan, Mr. Correa,
Ms. Scanlon, Mr. Allred, Ms. Jayapal, Mr. Doggett, Ms. Ross, Mr.
Neguse, Ms. Velazquez, and Ms. Omar) 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. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed--
(1) to provide the Secretary of Homeland Security or the
Attorney General with the ability to exercise the discretionary
authority provided in this Act, or by an amendment made by this
Act, except on a case-by-case basis; or
(2) to otherwise modify or limit the discretionary
authority of the Secretary of Homeland Security or the Attorney
General under the immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))).
SEC. 3. DISCRETIONARY AUTHORITY WITH RESPECT TO FAMILY MEMBERS OF
UNITED STATES CITIZENS.
(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
who is the spouse or child of a citizen of the
United States, the Attorney General may subject
to clause (ii)--
``(I) terminate any removal
proceedings against the alien;
``(II) decline to order the alien
removed from the United States;
``(III) grant the alien permission
to reapply for admission to the United
States; or
``(IV) subject to clause (iii),
waive the application of one or more
grounds of inadmissibility or
deportability in connection with any
request for relief from removal.
``(ii) Limitation on discretion.--
``(I) In general.--The Attorney
General may exercise the discretion
described in clause (i) if the Attorney
General determines that removal of the
alien or the denial of a request for
relief from removal would result in
hardship to the alien's United States
citizen spouse, parent, or child. There
shall be a presumption that family
separation constitutes hardship.
``(II) Widow and surviving child of
deceased united states citizen.--In the
case of the death of a citizen of the
United States, the Attorney General may
exercise discretion described in clause
(i) with respect to an alien who was a
child of such citizen, or was the
spouse of such citizen and was not
legally separated from such citizen on
the date of the citizen's death, if--
``(aa) the Attorney General
determines that removal of the
child or spouse or the denial
of a requested benefit would
result in hardship to the child
or spouse; and
``(bb) the child or spouse
seeks relief requiring such
discretion not later than two
years after the date of the
citizen's death or demonstrates
to the satisfaction of the
Attorney General the existence
of extraordinary circumstances
that prevented the spouse or
child from seeking relief
within such period.
``(iii) Exclusions.--This subparagraph
shall not apply to an alien whom the Attorney
General determines--
``(I) is inadmissible under--
``(aa) paragraph (2) or (3)
of section 212(a); or
``(bb) subparagraph (A),
(C), or (D) of section
212(a)(10); or
``(II) is deportable under
paragraph (2), (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:
``(u) Secretary's Discretion.--
``(1) In general.--In the case of an alien who is the
spouse or child of a citizen of the United States, the
Secretary of Homeland Security may, subject to paragraph (2)--
``(A) waive the application of one or more grounds
of inadmissibility or deportability in connection with
an application for an immigration benefit or request
for relief from removal;
``(B) decline to issue a notice to appear or other
charging document requiring such an alien to appear for
removal proceedings;
``(C) decline to reinstate an order of removal
under section 241(a)(5); or
``(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. There shall be a presumption
that family separation constitutes hardship.
``(B) Widow and orphan of deceased united states
citizen.--In the case of the death of a citizen of the
United States, the Secretary of Homeland Security may
exercise discretion described in paragraph (1) with
respect to an alien who was a child of such citizen, or
was the spouse of such citizen and was not legally
separated from such citizen on the date of the
citizen's death, if--
``(i) the Secretary determines that the
denial of a requested benefit would result in
hardship to the child or spouse; and
``(ii) the child or spouse seeks relief
requiring such discretion not later than two
years after the date of the citizen's death or
demonstrates to the satisfaction of the
Secretary the existence of extraordinary
circumstances that prevented the spouse or
child from seeking relief within such period.
``(3) Exclusions.--This subsection shall not apply to an
alien whom the Secretary determines--
``(A) is inadmissible under--
``(i) paragraph (2) or (3) of subsections
(a); or
``(ii) subparagraphs (A), (C), or (D) of
subsection (a)(10); or
``(B) is deportable under paragraphs (2), (4), or
(6) of section 237(a).''.
SEC. 4. MOTIONS TO REOPEN OR RECONSIDER.
(a) In General.--A motion to reopen or reconsider the denial of a
petition or application or an order of removal for an alien may be
granted if such petition, application, or order would have been
adjudicated in favor of the alien had this Act, or an amendment made by
this Act, been in effect at the time of such denial or order.
(b) Filing Requirement.--A motion under subsection (a) shall be
filed no later than the date that is 2 years after the date of the
enactment of this Act, unless the alien demonstrates to the
satisfaction of the Secretary of Homeland Security or Attorney General,
as appropriate, the existence of extraordinary circumstances that
prevented the alien from filing within such period.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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