American Families United Act

To amend the Immigration and Nationality Act to promote family unity, and for other purposes. 1. Short title This Act may be cited as the American Families United Act 2. Findings Congress finds the following: (1) The rights and interests of U.S. citizens should be protected by our Nation’s immigration laws. (2) It is the intent of Congress to provide the Attorney General and Secretary of Homeland Security with the limited ability to exercise their discretion in favor of the spouses, children, and parents of American citizens in immigration proceedings, on a case-by-case basis, to ensure fairness and prevent hardships associated with family separation. 3. Rule of construction Nothing in this Act shall be construed to provide the Attorney General or the Secretary of Homeland Security with the ability to exercise the discretionary authority provided in this Act, except on a case-by-case basis. 4 Definition of conviction (1) In general Section 101(a)(48) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(48) (A) The term conviction (B) A pardon entered by a State or Federal authority shall render the underlying conviction null and void for purposes of the immigration laws. (C) Any reference to a term of imprisonment or sentence with respect to an offense is deemed to include only the actual period of incarceration or confinement ordered by a court of law. The suspension of the imposition or execution of a term of imprisonment or sentence in whole or in part shall not be included as a part of the sentence for purposes of the immigration laws. . (2) Effective date and application The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to convictions and sentences entered before, on, or after the date of the enactment of this Act. 5. Discretionary authority with respect to removal, deportation, ineligibility or inadmissibility of citizen family members (a) Applications for relief from removal Section 240(c)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(4) (D) Judicial discretion (i) In general In the case of an alien subject to removal, deportation, or exclusion proceedings, the Attorney General may, for reasons described in clause (ii)— (I) decline to order such alien removed, deported, or excluded from the United States; (II) terminate such removal, deportation, or exclusion proceedings; and (III) grant such alien permission to reapply for admission to the United States or any other application for relief from removal. (ii) Limitation on discretion The Attorney General may exercise the discretion described in clause (i)— (I) for humanitarian purposes; or (II) to preserve family unity in the United States if the alien is— (aa) the spouse of a United States citizen; or (bb) the parent of a United States citizen child and such child’s other parent is a United States citizen or was a United States citizen at the time of such other parent’s death. (iii) Exclusions This subparagraph shall not apply to an alien whom the Attorney General determines— (I) is inadmissible or deportable under— (aa) subparagraph (B), (C), (D)(ii), (E), (H), or (I) of section 212(a)(2); (bb) section 212(a)(3); (cc) subparagraph (A), (C), or (D) of section 212(a)(10); or (dd) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), (4), or (6) of section 237(a); or (II) has— (aa) been convicted of conduct described in paragraph (8), (11), or (12) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 (bb) a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction. . (b) Secretary’s discretion Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 (1) by redesignating the second subsection (t) as subsection (u); and (2) by adding at the end the following: (v) Secretary’s discretion (1) In general In the case of an alien who is inadmissible under subsection (a), deportable under section 237, or ineligible for any immigration benefit or relief under the immigration laws, the Secretary of Homeland Security may, for reasons described in paragraph (2)— (A) and subject to paragraph (3), waive one or more grounds of inadmissibility or deportability; (B) decline to issue a notice to appear requiring such an alien to appear in a removal proceeding; (C) decline to reinstate an order of removal under section 241(a)(5); and (D) grant such an alien permission to reapply for admission to the United States or any other application for immigration benefits. (2) Limitation on discretion The Secretary of Homeland Security may exercise the discretion described in clause (i)— (A) for humanitarian purposes; or (B) to preserve family unity in the United States if the alien is— (i) the spouse of a United States citizen; or (ii) the parent of a United States citizen child and such child’s other parent is a United States citizen or was a United States citizen at the time of such other parent’s death. (3) This subsection shall not apply to an alien whom the Secretary determines— (A) is inadmissible or deportable under— (i) subparagraph (B), (C), (D)(ii), (E), (H), or (I) of subsection (a)(2); (ii) subsection (a)(3); (iii) subparagraph (A), (C), or (D) of subsection (a)(10); or (iv) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), or (6) of section 237(a); or (B) has— (i) been convicted of conduct described in paragraph (8), (11), or (12) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 (ii) a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction; .

Summary: American Families United Act This bill limits what constitutes a conviction for immigration purposes and contains other related provisions. (A conviction can in certain instances be grounds for denying an individual immigration benefits.) Under this bill, certain judgments of guilt, such as one that has been deferred, expunged, or invalidated, shall not be considered a conviction for immigration purposes. An order of probation without an entry of judgment shall also not count as a conviction. Similarly, a pardon shall render the underlying conviction null for immigration purposes. Furthermore, for immigration purposes, a term of imprisonment shall only include the actual period of incarceration ordered by a court. If a term of imprisonment is suspended for any length, the suspended time shall not be considered as part of the term of imprisonment. (An individual may be denied certain immigration benefits if the individual has been convicted for a crime with a certain term of imprisonment.) The bill also provides statutory authority for the Department of Justice and Department of Homeland Security to, in certain instances, exercise discretion when enforcing immigration laws, such as waiving one or more grounds of inadmissibility or declining to order an alien removed. Such discretion may only be exercised on a case-by-case basis for humanitarian purposes or to preserve family unity and is subject to other limitations.