I 

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. 

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 United States 

9 citizens should be protected by our Nation’s immi10 gration 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 ability to exercise their discretion in 

4 favor of preventing hardship to the spouses, chil5 dren, and parents of United States citizens in immi6 gration proceedings, on a case-by-case basis, to en7 sure fairness and prevent hardships associated with 

8 family separation. 

9 SEC. 3. RULE OF CONSTRUCTION. 

10 Nothing in this Act shall be construed to provide the 

11 Attorney General or the Secretary of Homeland Security 

12 with the ability to exercise the discretionary authority pro13 vided in this Act, except on a case-by-case basis. 

14 SEC. 4. DISCRETIONARY AUTHORITY WITH RESPECT TO RE15 MOVAL, DEPORTATION, INELIGIBILITY OR IN16 ADMISSIBILITY OF CITIZEN FAMILY MEM17 BERS. 

18 (a) APPLICATIONS FOR RELIEF FROM REMOVAL.— 

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

20 (8 U.S.C. 1229a(c)(4)) is amended by adding at the end 

21 the following: 

22 ‘‘(D) JUDICIAL DISCRETION.— 

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

24 alien in removal proceedings, who is the 

25 spouse or child of a United States citizen, 


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1 the Attorney General may, for reasons de2 scribed in clause (ii)— 

3 ‘‘(I) decline to order such alien 

4 removed from the United States; 

5 ‘‘(II) terminate such removal 

6 proceedings; or 

7 ‘‘(III) grant such alien permis8 sion to reapply for admission to the 

9 United States or any other application 

10 for relief from removal. 

11 ‘‘(ii) LIMITATION ON DISCRETION.— 

12 ‘‘(I) IN GENERAL.—The Attorney 

13 General may exercise discretion de14 scribed in clause (i) if the Attorney 

15 General determines that removal of 

16 the alien or the denial of a requested 

17 benefit would result in hardship to the 

18 alien’s United States citizen spouse, 

19 parent, or child. 

20 ‘‘(II) HARDSHIP.—For purposes 

21 of subclause (I), there is a presump22 tion that family separation shall result 

23 in hardship. 

24 ‘‘(iii) EXCLUSIONS.—This subpara25 graph shall not apply to an alien whom the 


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1 Attorney General determines is inadmis2 sible or deportable under— 

3 ‘‘(I) subparagraph (B), (C), 

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

5 212(a)(2); 

6 ‘‘(II) section 212(a)(3); 

7 ‘‘(III) subparagraph (A), (C), or 

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

9 ‘‘(IV) paragraph (2)(A)(iii), 

10 (2)(A)(v), (2)(F), (4), or (6) of sec11 tion 237(a).’’. 

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

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

14 amended— 

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

16 as subsection (u); and 

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

18 ‘‘(v) SECRETARY’S DISCRETION.— 

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

20 is the spouse or child of a United States citizen, and 

21 who is inadmissible under subsection (a), deportable 

22 under section 237, or ineligible for any immigration 

23 benefit or relief under the immigration laws as a re24 sult of such inadmissibility or deportability, the SecVerDate Sep 11 2014 02:33 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2920.IH H2920

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1 retary of Homeland Security may, for reasons de2 scribed in paragraph (2)— 

3 ‘‘(A) waive one or more grounds of inad4 missibility or deportability; 

5 ‘‘(B) decline to issue a notice to appear re6 quiring such an alien to appear for removal pro7 ceedings; 

8 ‘‘(C) decline to reinstate an order of re9 moval under section 241(a)(5); and 

10 ‘‘(D) grant such alien permission to re11 apply for admission to the United States or any 

12 other application for an immigration benefit. 

13 ‘‘(2) LIMITATION ON DISCRETION.— 

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

15 Homeland Security may exercise discretion de16 scribed in paragraph (1) if the Secretary deter17 mines that removal of the alien or the denial of 

18 a requested benefit would result in hardship to 

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

20 or child. 

21 ‘‘(B) HARDSHIP.—For purposes of sub22 paragraph (A), there is a presumption that 

23 family separation shall result in hardship. 


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

2 apply to an alien whom the Secretary determines is 

3 inadmissible or deportable under— 

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

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

6 ‘‘(B) subsection (a)(3); 

7 ‘‘(C) subparagraph (A), (C), or (D) of sub8 section (a)(10); or 

9 ‘‘(D) paragraph (2)(A)(iii), (2)(A)(v), 

10 (2)(F), or (6) of section 237(a).’’. 

11 (c) NATIONALITY AT BIRTH AND COLLECTIVE NATU12 RALIZATION.—Section 301(g) of the Immigration and Na13 tionality Act (8 U.S.C. 1401(g)) is amended by striking 

14 ‘‘for a period or periods totaling not less than five years, 

15 at least two of which were after attaining the age of four16 teen years’’. 

Æ 


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