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 United States 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 ability to exercise their discretion in favor of preventing hardship to the spouses, children, and parents of United States 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. 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 in removal proceedings, who is the spouse or child of a United States citizen, the Attorney General may, for reasons described in clause (ii)— (I) decline to order such alien removed from the United States; (II) terminate such removal proceedings; or (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 (I) In general The Attorney General may exercise discretion described in clause (i) if the Attorney General determines that removal of the alien or the denial of a requested benefit would result in hardship to the alien’s United States citizen spouse, parent, or child. (II) Hardship For purposes of subclause (I), there is a presumption that family separation shall result in hardship. (iii) Exclusions This subparagraph shall not apply to an alien whom the Attorney General determines is inadmissible or deportable under— (I) subparagraph (B), (C), (D)(ii), (E), (H), or (I) of section 212(a)(2); (II) section 212(a)(3); (III) subparagraph (A), (C), or (D) of section 212(a)(10); or (IV) paragraph (2)(A)(iii), (2)(A)(v), (2)(F), (4), or (6) of section 237(a). . (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 the spouse or child of a United States citizen, and who is inadmissible under subsection (a), deportable under section 237, or ineligible for any immigration benefit or relief under the immigration laws as a result of such inadmissibility or deportability, the Secretary of Homeland Security may, for reasons described in paragraph (2)— (A) waive one or more grounds of inadmissibility or deportability; (B) decline to issue a notice to appear requiring such an alien to appear for removal proceedings; (C) decline to reinstate an order of removal under section 241(a)(5); and (D) grant such alien permission to reapply for admission to the United States or any other application for an immigration benefit. (2) Limitation on discretion (A) In general The Secretary of Homeland Security may exercise discretion described in paragraph (1) if the Secretary determines that removal of the alien or the denial of a requested benefit would result in hardship to the alien’s United States citizen spouse, parent, or child. (B) Hardship For purposes of subparagraph (A), there is a presumption that family separation shall result in hardship. (3) Exclusions This subsection shall not apply to an alien whom the Secretary determines is inadmissible or deportable under— (A) subparagraph (B), (C), (D)(ii), (E), (H), or (I) of subsection (a)(2); (B) subsection (a)(3); (C) subparagraph (A), (C), or (D) of subsection (a)(10); or (D) paragraph (2)(A)(iii), (2)(A)(v), (2)(F), or (6) of section 237(a). . (c) Nationality at birth and collective naturalization Section 301(g) of the Immigration and Nationality Act ( 8 U.S.C. 1401(g) for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years

Summary: American Families United Act This bill authorizes the Department of Homeland Security (DHS) or the Department of Justice (DOJ) to exercise discretion in certain immigration cases. The bill also removes certain requirements related to birthright citizenship. Under this bill, DOJ or DHS may, on a case-by-case basis, exercise discretion by declining to remove an alien or bar an alien from entering the United States to prevent hardship for the alien's U.S. citizen spouse, parent, or child. However, DOJ or DHS may not exercise this discretion if the alien is removable or inadmissible due to certain grounds, including specified crime- and security-related grounds. The bill also removes certain requirements related to birthright citizenship for a child born outside of the United States to one U.S. citizen parent and one alien parent. Specifically, the bill removes a provision that requires the U.S. citizen parent to be physically present in the United States for at least five years before the child's birth in order for the child to acquire U.S. citizenship at birth.