I 

115TH CONGRESS 

1ST SESSION H. R. 1036 

To amend the Immigration and Nationality Act to promote family unity, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2017 

Mr. O’ROURKE (for himself, Mr. PEARCE, and Mr. SWALWELL of California) 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Families 

5 United Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The rights and interests of U.S. citizens 

9 should be protected by our Nation’s immigration 

10 laws. 

mstockstill on DSK3G9T082PROD with BILLS

2 

•HR 1036 IH

1 (2) It is the intent of Congress to provide the 

2 Attorney General and Secretary of Homeland Secu3 rity with the limited ability to provide fairness to the 

4 spouses, children and parents of American citizens 

5 in immigration proceedings on a case-by-case basis. 

6 SEC. 3. RULES OF CONSTRUCTION. 

7 Nothing in this Act shall be construed— 

8 (1) to provide the Attorney General or the Sec9 retary of Homeland Security with the ability to ex10 pand the discretionary authority beyond a case-by11 case basis; or 

12 (2) to provide, confirm or concur legalization or 

13 nationalization of persons covered under this Act, it 

14 is solely designed to address hardships incurred by 

15 a small minority of American families that are ad16 versely affected by inadmissibility and deportation 

17 provisions that cause family separation. 

18 SEC. 4. WAIVERS OF INADMISSIBILITY. 

19 (a) ALIENS WHO ENTERED AS CHILDREN.—Section 

20 212(a)(9)(B)(iii) of the Immigration and Nationality Act 

21 (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the 

22 end the following: 

23 ‘‘(VI) ALIENS WHO ENTERED AS

24 CHILDREN.—Clause (i) shall not apply 

25 to an alien who is the beneficiary of 

mstockstill on DSK3G9T082PROD with BILLS

3 

•HR 1036 IH

1 an approved petition under section 

2 101(a)(15)(H) and who has earned a 

3 baccalaureate or higher degree from a 

4 United States institution of higher 

5 education (as defined in section 

6 101(a) of the Higher Education Act 

7 of 1965 (20 U.S.C. 1001(a))), and 

8 had not yet reached the age of 16 

9 years at the time of initial entry to 

10 the United States.’’. 

11 (b) ALIENS UNLAWFULLY PRESENT.—Section 

12 212(a)(9)(B)(v) of the Immigration and Nationality Act 

13 (8 U.S.C. 1181(a)(9)(B)(v)) is amended— 

14 (1) by striking ‘‘spouse or son or daughter’’ and 

15 inserting ‘‘spouse, son, daughter, or parent’’; 

16 (2) by striking ‘‘extreme’’; and 

17 (3) by inserting ‘‘, child,’’ after ‘‘lawfully resi18 dent spouse’’. 

19 (c) PREVIOUS IMMIGRATION VIOLATIONS.—Section 

20 212(a)(9)(C)(i) of the Immigration and Nationality Act 

21 (8 U.S.C. 1182(a)(9)(C)(i)) is amended by adding ‘‘, other 

22 than an alien described in clause (iii) or (iv) of subpara23 graph (B),’’ after ‘‘Any alien’’. 

24 (d) FALSE CLAIMS.— 

25 (1) INADMISSIBILITY.— 

mstockstill on DSK3G9T082PROD with BILLS

4 

•HR 1036 IH

1 (A) IN GENERAL.—Section 212(a)(6)(C) of 

2 the Immigration and Nationality Act (8 U.S.C. 

3 1182(a)(6)(C)) is amended to read as follows: 

4 ‘‘(C) MISREPRESENTATION.— 

5 ‘‘(i) IN GENERAL.—Any alien who, by 

6 fraud or willfully misrepresenting a mate7 rial fact, seeks to procure (or within the 

8 last 3 years has sought to procure or has 

9 procured) a visa, other documentation, or 

10 admission into the United States or other 

11 benefit provided under this Act is inadmis12 sible. 

13 ‘‘(ii) FALSELY CLAIMING CITIZEN14 SHIP.— 

15 ‘‘(I) INADMISSIBILITY.—Subject 

16 to subclause (II), any alien who know17 ingly misrepresents himself or herself 

18 to be a citizen of the United States 

19 for any purpose or benefit under this 

20 chapter (including section 274A) or 

21 any other Federal or State law is in22 admissible. 

23 ‘‘(II) SPECIAL RULE.—An alien 

24 shall not be inadmissible under this 

25 clause if the misrepresentation demstockstill on DSK3G9T082PROD with BILLS

5 

•HR 1036 IH

1 scribed in subclause (I) was made by 

2 the alien when the alien— 

3 ‘‘(aa) was under 18 years of 

4 age; or 

5 ‘‘(bb) otherwise lacked the 

6 mental competence to knowingly 

7 misrepresent a claim of United 

8 States citizenship. 

9 ‘‘(iii) WAIVER.—The Attorney General 

10 or the Secretary of Homeland Security 

11 may, in the discretion of the Attorney Gen12 eral or the Secretary, waive the application 

13 of clause (i) or (ii)(I) for an alien, regard14 less whether the alien is within or outside 

15 the United States, if the Attorney General 

16 or the Secretary find that a determination 

17 of inadmissibility to the United States for 

18 such alien would— 

19 ‘‘(I) result in hardship to the 

20 alien or to the alien’s parent, spouse, 

21 son, or daughter who is a citizen of 

22 the United States or an alien lawfully 

23 admitted for permanent residence; or 

24 ‘‘(II) in the case of a VAWA self25 petitioner, result in hardship to the 

mstockstill on DSK3G9T082PROD with BILLS

6 

•HR 1036 IH

1 alien or a parent or child of the alien 

2 who is a citizen of the United States, 

3 an alien lawfully admitted for perma4 nent residence, or a qualified alien (as 

5 defined in section 431 of the Personal 

6 Responsibility and Work Opportunity 

7 Reconciliation Act of 1996 (8 U.S.C. 

8 1641(b))). 

9 For purposes of this clause, family separa10 tion in and of itself shall be deemed to be 

11 a hardship. 

12 ‘‘(iv) LIMITATION ON REVIEW.—No 

13 court shall have jurisdiction to review a de14 cision or action of the Attorney General or 

15 the Secretary regarding a waiver under 

16 clause (iii).’’. 

17 (B) CONFORMING AMENDMENT.—Section 

18 212 of the Immigration and Nationality Act (8 

19 U.S.C. 1182) is amended by striking subsection 

20 (i). 

21 (2) DEPORTABILITY.—Section 237(a)(3)(D) of 

22 the Immigration and Nationality Act (8 U.S.C. 

23 1227(a)(3)(D)) is amended to read as follows: 

mstockstill on DSK3G9T082PROD with BILLS

7 

•HR 1036 IH

1 ‘‘(D) FALSELY CLAIMING CITIZENSHIP.— 

2 Any alien described in section 212(a)(6)(C)(ii) 

3 is deportable.’’. 

4 (e) DEFINITION OF CONVICTION.— 

5 (1) IN GENERAL.—Section 101(a)(48) of the 

6 Immigration and Nationality Act (8 U.S.C. 

7 1101(a)(48)) is amended by striking subparagraphs 

8 (A) and (B) and inserting the following: 

9 ‘‘(A) The term ‘conviction’ means, with re10 spect to an alien, a final, formal judgment of 

11 guilt entered by a court. Where a State or Fed12 eral court enters an adjudication or judgment 

13 of guilt that has been withheld, deferred, ex14 punged, annulled, invalidated or vacated, or en15 ters an order of probation without entry of 

16 judgment, or any similar disposition under 

17 State or Federal law such judgment or adju18 dication shall not be considered a conviction for 

19 purposes of this Act. 

20 ‘‘(B) Any pardon entered by a State or 

21 Federal authority shall render the prior convic22 tion null and void for all purposes under this 

23 Act. 

24 ‘‘(C) Any reference to a term of imprison25 ment or a sentence with respect to an offense 

mstockstill on DSK3G9T082PROD with BILLS

8 

•HR 1036 IH

1 is deemed to include only the actual period of 

2 incarceration or confinement ordered by a court 

3 of law. The suspension of the imposition or exe4 cution of that imprisonment or sentence in 

5 whole or in part shall not be included as a part 

6 of the sentence for purposes of this Act.’’. 

7 (2) EFFECTIVE DATE AND APPLICATION.—The 

8 amendments made by paragraph (1) shall take effect 

9 on the date of the enactment of this Act and shall 

10 apply to convictions and sentences entered before, 

11 on, or after the date of the enactment of this Act. 

12 SEC. 5. DISCRETIONARY AUTHORITY WITH RESPECT TO RE13 MOVAL, DEPORTATION, INELIGIBILITY OR IN14 ADMISSIBILITY OF CITIZEN AND RESIDENT 

15 IMMEDIATE FAMILY MEMBERS. 

16 (a) APPLICATIONS FOR RELIEF FROM REMOVAL.— 

17 Section 240(c)(4) of the Immigration and Nationality Act 

18 (8 U.S.C. 1229a(c)(4)) is amended by adding at the end 

19 the following: 

20 ‘‘(D) JUDICIAL DISCRETION.—In the case 

21 of an alien subject to removal, deportation, in22 eligibility or inadmissibility, the immigration 

23 judge may exercise discretion to decline to order 

24 the alien removable, deportable, ineligible or in25 admissible from the United States and termimstockstill on DSK3G9T082PROD with BILLS

9 

•HR 1036 IH

1 nate proceedings or grant permission to reapply 

2 for admission or any application for relief from 

3 removal if the judge determines that such re4 moval, deportation, ineligibility or inadmis5 sibility is against the public interest or would 

6 result in hardship to the alien’s United States 

7 citizen or lawful permanent resident parent, 

8 spouse, or child, or the judge determines the 

9 alien is prima facie eligible for naturalization 

10 except that this subparagraph shall not apply to 

11 an alien whom the judge determines— 

12 ‘‘(i) is inadmissible or deportable 

13 under— 

14 ‘‘(I) subparagraph (B), (C), 

15 (D)(ii), (E), (H), or (I) of section 

16 212(a)(2); 

17 ‘‘(II) section 212(a)(3); 

18 ‘‘(III) subparagraph (A), (C), or 

19 (D) of section 212(a)(10); or 

20 ‘‘(IV) paragraph (2)(A)(ii), 

21 (2)(A)(v), (2)(F), (4), or (6) of sec22 tion 237(a); or 

23 ‘‘(ii) has— 

24 ‘‘(I) engaged in conduct de25 scribed in paragraph (9) or (10) of 

mstockstill on DSK3G9T082PROD with BILLS

10 

•HR 1036 IH

1 section 103 of the Trafficking Victims 

2 Protection Act of 2000 (22 U.S.C. 

3 7102); or 

4 ‘‘(II) a felony conviction de5 scribed in section 101(a)(43) that 

6 would have been classified as an ag7 gravated felony at the time of convic8 tion. 

9 For purposes of this subparagraph, family 

10 separation in and of itself shall be deemed 

11 to be a hardship and shall be deemed to be 

12 against the public interest.’’. 

13 (b) SECRETARY’S DISCRETION.—Section 212 of the 

14 Immigration and Nationality Act (8 U.S.C. 1182) is 

15 amended by adding at the end the following: 

16 ‘‘(u) SECRETARY’S DISCRETION.—In the case of an 

17 alien who is inadmissible under this section or deportable 

18 under section 237 or ineligible under any provision of this 

19 Act, the Secretary of Homeland Security may exercise dis20 cretion to waive a ground of ineligibility, inadmissibility 

21 or deportability or grant permission to reapply for admis22 sion or any application for immigration benefits if the Sec23 retary determines that such ineligibility, removal or re24 fusal of admission is against the public interest or would 

25 result in hardship, including family separation, to the 

mstockstill on DSK3G9T082PROD with BILLS

11 

•HR 1036 IH

1 alien’s United States citizen or permanent resident parent, 

2 spouse, or child. For purposes of this subsection, family 

3 separation in and of itself shall be deemed to be a hardship 

4 and shall be deemed to be against the public interest. This 

5 subsection shall not apply to an alien whom the Secretary 

6 determines— 

7 ‘‘(1) is inadmissible or deportable under— 

8 ‘‘(A) subparagraph (B), (C), (D)(ii), (E), 

9 (H), or (I) of subsection (a)(2); 

10 ‘‘(B) subsection (a)(3); 

11 ‘‘(C) subparagraph (A), (C), or (D) of sub12 section (a)(10); 

13 ‘‘(D) paragraph (2)(A)(ii), (2)(A)(v), 

14 (2)(F), or (6) of section 237(a); or 

15 ‘‘(E) section 240(c)(4)(D)(ii)(II); or 

16 ‘‘(2) has— 

17 ‘‘(A) engaged in conduct described in para18 graph (8) or (9) of section 103 of the Traf19 ficking Victims Protection Act of 2000 (22 

20 U.S.C. 7102); 

21 ‘‘(B) a felony conviction described in sec22 tion 101(a)(43) that would have been classified 

23 as an aggravated felony at the time of convic24 tion;’’. 

mstockstill on DSK3G9T082PROD with BILLS

12 

•HR 1036 IH

1 (c) REINSTATEMENT OF REMOVAL ORDERS.—Sec2 tion 241(a)(5) of the Immigration and Nationality Act (8 

3 U.S.C. 1231(a)(5)) is amended by striking the period at 

4 the end and inserting ‘‘, unless the alien reentered prior 

5 to attaining the age of 18 years, or reinstatement of the 

6 prior order of removal would not be in the public interest 

7 or would result in hardship, including family separation, 

8 to the alien’s United States citizen or permanent resident 

9 parent, spouse, or child.’’. 

Æ 

mstockstill on DSK3G9T082PROD with BILLS