I 

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. 

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. 


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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 exercise their discre4 tion in favor of the spouses, children, and parents of 

5 American citizens in immigration proceedings, on a 

6 case-by-case basis, to ensure fairness and prevent 

7 hardships associated with family separation. 

8 SEC. 3. RULE OF CONSTRUCTION. 

9 Nothing in this Act shall be construed to provide the 

10 Attorney General or the Secretary of Homeland Security 

11 with the ability to exercise the discretionary authority pro12 vided in this Act, except on a case-by-case basis. 

13 SEC. 4 DEFINITION OF CONVICTION. 

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

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

16 1101(a)(48)) is amended by striking subparagraphs 

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

18 ‘‘(A) The term ‘conviction’ means, with re19 spect to an alien, a final, formal judgment of 

20 guilt entered by a court. A State or Federal 

21 court adjudication or judgment of guilt that has 

22 been withheld, deferred, expunged, annulled, in23 validated, or vacated; an order of probation 

24 without entry of judgment; or any similar dis25 position under State or Federal law shall not be 


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1 considered a conviction for purposes of the im2 migration laws. 

3 ‘‘(B) A pardon entered by a State or Fed4 eral authority shall render the underlying con5 viction null and void for purposes of the immi6 gration laws. 

7 ‘‘(C) Any reference to a term of imprison8 ment or sentence with respect to an offense is 

9 deemed to include only the actual period of in10 carceration or confinement ordered by a court 

11 of law. The suspension of the imposition or exe12 cution of a term of imprisonment or sentence in 

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

14 of the sentence for purposes of the immigration 

15 laws.’’. 

16 (2) EFFECTIVE DATE AND APPLICATION.—The 

17 amendments made by paragraph (1) shall take effect 

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

19 apply to convictions and sentences entered before, 

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


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1 SEC. 5. DISCRETIONARY AUTHORITY WITH RESPECT TO RE2 MOVAL, DEPORTATION, INELIGIBILITY OR IN3 ADMISSIBILITY OF CITIZEN FAMILY MEM4 BERS. 

5 (a) APPLICATIONS FOR RELIEF FROM REMOVAL.— 

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

7 (8 U.S.C. 1229a(c)(4)) is amended by adding at the end 

8 the following: 

9 ‘‘(D) JUDICIAL DISCRETION.— 

10 ‘‘(i) IN GENERAL.—In the case of an 

11 alien subject to removal, deportation, or 

12 exclusion proceedings, the Attorney Gen13 eral may, for reasons described in clause 

14 (ii)— 

15 ‘‘(I) decline to order such alien 

16 removed, deported, or excluded from 

17 the United States; 

18 ‘‘(II) terminate such removal, de19 portation, or exclusion proceedings; 

20 and 

21 ‘‘(III) grant such alien permis22 sion to reapply for admission to the 

23 United States or any other application 

24 for relief from removal. 


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1 ‘‘(ii) LIMITATION ON DISCRETION.— 

2 The Attorney General may exercise the 

3 discretion described in clause (i)— 

4 ‘‘(I) for humanitarian purposes; 

5 or 

6 ‘‘(II) to preserve family unity in 

7 the United States if the alien is— 

8 ‘‘(aa) the spouse of a United 

9 States citizen; or 

10 ‘‘(bb) the parent of a United 

11 States citizen child and such 

12 child’s other parent is a United 

13 States citizen or was a United 

14 States citizen at the time of such 

15 other parent’s death. 

16 ‘‘(iii) EXCLUSIONS.—This subpara17 graph shall not apply to an alien whom the 

18 Attorney General determines— 

19 ‘‘(I) is inadmissible or deportable 

20 under— 

21 ‘‘(aa) subparagraph (B), 

22 (C), (D)(ii), (E), (H), or (I) of 

23 section 212(a)(2); 

24 ‘‘(bb) section 212(a)(3); 


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1 ‘‘(cc) subparagraph (A), (C), 

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

3 ‘‘(dd) paragraph (2)(A)(ii), 

4 (2)(A)(v), (2)(F), (4), or (6) of 

5 section 237(a); or 

6 ‘‘(II) has— 

7 ‘‘(aa) been convicted of con8 duct described in paragraph (8), 

9 (11), or (12) of section 103 of 

10 the Trafficking Victims Protec11 tion Act of 2000 (22 U.S.C. 

12 7102); or 

13 ‘‘(bb) a felony conviction de14 scribed in section 101(a)(43) that 

15 would have been classified as an 

16 aggravated felony at the time of 

17 conviction.’’. 

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

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

20 amended— 

21 (1) by redesignating the second subsection (t) 

22 as subsection (u); and 

23 (2) by adding at the end the following: 

24 ‘‘(v) SECRETARY’S DISCRETION.— 


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1 ‘‘(1) IN GENERAL.—In the case of an alien who 

2 is inadmissible under subsection (a), deportable 

3 under section 237, or ineligible for any immigration 

4 benefit or relief under the immigration laws, the 

5 Secretary of Homeland Security may, for reasons 

6 described in paragraph (2)— 

7 ‘‘(A) and subject to paragraph (3), waive 

8 one or more grounds of inadmissibility or de9 portability; 

10 ‘‘(B) decline to issue a notice to appear re11 quiring such an alien to appear in a removal 

12 proceeding; 

13 ‘‘(C) decline to reinstate an order of re14 moval under section 241(a)(5); and 

15 ‘‘(D) grant such an alien permission to re16 apply for admission to the United States or any 

17 other application for immigration benefits. 

18 ‘‘(2) LIMITATION ON DISCRETION.—The Sec19 retary of Homeland Security may exercise the dis20 cretion described in clause (i)— 

21 ‘‘(A) for humanitarian purposes; or 

22 ‘‘(B) to preserve family unity in the United 

23 States if the alien is— 

24 ‘‘(i) the spouse of a United States cit25 izen; or 


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1 ‘‘(ii) the parent of a United States cit2 izen child and such child’s other parent is 

3 a United States citizen or was a United 

4 States citizen at the time of such other 

5 parent’s death. 

6 ‘‘(3) This subsection shall not apply to an alien 

7 whom the Secretary determines— 

8 ‘‘(A) is inadmissible or deportable under— 

9 ‘‘(i) subparagraph (B), (C), (D)(ii), 

10 (E), (H), or (I) of subsection (a)(2); 

11 ‘‘(ii) subsection (a)(3); 

12 ‘‘(iii) subparagraph (A), (C), or (D) of 

13 subsection (a)(10); or 

14 ‘‘(iv) paragraph (2)(A)(ii), (2)(A)(v), 

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

16 ‘‘(B) has— 

17 ‘‘(i) been convicted of conduct de18 scribed in paragraph (8), (11), or (12) of 

19 section 103 of the Trafficking Victims Pro20 tection Act of 2000 (22 U.S.C. 7102); or 

21 ‘‘(ii) a felony conviction described in 

22 section 101(a)(43) that would have been 

23 classified as an aggravated felony at the 

24 time of conviction;’’. 

Æ 


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