I 

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. BARRAGA ́N, Mr. 

CORREA, Ms. SCANLON, Mr. ALLRED, Ms. JAYAPAL, Mr. DOGGETT, Ms. 

ROSS, Mr. NEGUSE, Ms. VELA ́ZQUEZ, 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. 

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. RULE OF CONSTRUCTION. 

7 Nothing in this Act shall be construed— 

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1 cise the discretionary authority provided in this Act, 

2 or by an amendment made by this Act, except on a 

3 case-by-case basis; or 

4 (2) to otherwise modify or limit the discre5 tionary authority of the Secretary of Homeland Se6 curity or the Attorney General under the immigra7 tion laws (as defined in section 101(a)(17) of the 

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

9 1101(a)(17))). 

10 SEC. 3. DISCRETIONARY AUTHORITY WITH RESPECT TO 

11 FAMILY MEMBERS OF UNITED STATES CITI12 ZENS. 

13 (a) APPLICATIONS FOR RELIEF FROM REMOVAL.— 

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

15 (8 U.S.C. 1229a(c)(4)) is amended by adding at the end 

16 the following: 

17 ‘‘(D) JUDICIAL DISCRETION.— 

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

19 alien who is the spouse or child of a citizen 

20 of the United States, the Attorney General 

21 may subject to clause (ii)— 

22 ‘‘(I) terminate any removal pro23 ceedings against the alien; 

24 ‘‘(II) decline to order the alien 

25 removed from the United States; 


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1 ‘‘(III) grant the alien permission 

2 to reapply for admission to the United 

3 States; or 

4 ‘‘(IV) subject to clause (iii), 

5 waive the application of one or more 

6 grounds of inadmissibility or deport7 ability in connection with any request 

8 for relief from removal. 

9 ‘‘(ii) LIMITATION ON DISCRETION.— 

10 ‘‘(I) IN GENERAL.—The Attorney 

11 General may exercise the discretion 

12 described in clause (i) if the Attorney 

13 General determines that removal of 

14 the alien or the denial of a request for 

15 relief from removal would result in 

16 hardship to the alien’s United States 

17 citizen spouse, parent, or child. There 

18 shall be a presumption that family 

19 separation constitutes hardship. 

20 ‘‘(II) WIDOW AND SURVIVING

21 CHILD OF DECEASED UNITED STATES

22 CITIZEN.—In the case of the death of 

23 a citizen of the United States, the At24 torney General may exercise discretion 

25 described in clause (i) with respect to 


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1 an alien who was a child of such cit2 izen, or was the spouse of such citizen 

3 and was not legally separated from 

4 such citizen on the date of the citi5 zen’s death, if— 

6 ‘‘(aa) the Attorney General 

7 determines that removal of the 

8 child or spouse or the denial of a 

9 requested benefit would result in 

10 hardship to the child or spouse; 

11 and 

12 ‘‘(bb) the child or spouse 

13 seeks relief requiring such discre14 tion not later than two years 

15 after the date of the citizen’s 

16 death or demonstrates to the sat17 isfaction of the Attorney General 

18 the existence of extraordinary cir19 cumstances that prevented the 

20 spouse or child from seeking re21 lief within such period. 

22 ‘‘(iii) EXCLUSIONS.—This subpara23 graph shall not apply to an alien whom the 

24 Attorney General determines— 

25 ‘‘(I) is inadmissible under— 


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1 ‘‘(aa) paragraph (2) or (3) 

2 of section 212(a); or 

3 ‘‘(bb) subparagraph (A), 

4 (C), or (D) of section 212(a)(10); 

5 or 

6 ‘‘(II) is deportable under para7 graph (2), (4), or (6) of section 

8 237(a).’’. 

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

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

11 amended— 

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

13 as subsection (u); and 

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

15 ‘‘(u) SECRETARY’S DISCRETION.— 

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

17 is the spouse or child of a citizen of the United 

18 States, the Secretary of Homeland Security may, 

19 subject to paragraph (2)— 

20 ‘‘(A) waive the application of one or more 

21 grounds of inadmissibility or deportability in 

22 connection with an application for an immigra23 tion benefit or request for relief from removal; 


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1 ‘‘(B) decline to issue a notice to appear or 

2 other charging document requiring such an 

3 alien to appear for removal proceedings; 

4 ‘‘(C) decline to reinstate an order of re5 moval under section 241(a)(5); or 

6 ‘‘(D) grant such alien permission to re7 apply for admission to the United States or any 

8 other application for an immigration benefit. 

9 ‘‘(2) LIMITATION ON DISCRETION.— 

10 ‘‘(A) IN GENERAL.—The Secretary of 

11 Homeland Security may exercise discretion de12 scribed in paragraph (1) if the Secretary deter13 mines that removal of the alien or the denial of 

14 a requested benefit would result in hardship to 

15 the alien’s United States citizen spouse, parent, 

16 or child. There shall be a presumption that 

17 family separation constitutes hardship. 

18 ‘‘(B) WIDOW AND ORPHAN OF DECEASED

19 UNITED STATES CITIZEN.—In the case of the 

20 death of a citizen of the United States, the Sec21 retary of Homeland Security may exercise dis22 cretion described in paragraph (1) with respect 

23 to an alien who was a child of such citizen, or 

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1 gally separated from such citizen on the date of 

2 the citizen’s death, if— 

3 ‘‘(i) the Secretary determines that the 

4 denial of a requested benefit would result 

5 in hardship to the child or spouse; and 

6 ‘‘(ii) the child or spouse seeks relief 

7 requiring such discretion not later than 

8 two years after the date of the citizen’s 

9 death or demonstrates to the satisfaction 

10 of the Secretary the existence of extraor11 dinary circumstances that prevented the 

12 spouse or child from seeking relief within 

13 such period. 

14 ‘‘(3) EXCLUSIONS.—This subsection shall not 

15 apply to an alien whom the Secretary determines— 

16 ‘‘(A) is inadmissible under— 

17 ‘‘(i) paragraph (2) or (3) of sub18 sections (a); or 

19 ‘‘(ii) subparagraphs (A), (C), or (D) 

20 of subsection (a)(10); or 

21 ‘‘(B) is deportable under paragraphs (2), 

22 (4), or (6) of section 237(a).’’. 

23 SEC. 4. MOTIONS TO REOPEN OR RECONSIDER. 

24 (a) IN GENERAL.—A motion to reopen or reconsider 

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1 moval for an alien may be granted if such petition, appli2 cation, or order would have been adjudicated in favor of 

3 the alien had this Act, or an amendment made by this 

4 Act, been in effect at the time of such denial or order. 

5 (b) FILING REQUIREMENT.—A motion under sub6 section (a) shall be filed no later than the date that is 

7 2 years after the date of the enactment of this Act, unless 

8 the alien demonstrates to the satisfaction of the Secretary 

9 of Homeland Security or Attorney General, as appro10 priate, the existence of extraordinary circumstances that 

11 prevented the alien from filing within such period. 

Æ 


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