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. WIL-
LIAMS 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 fol-
lowing 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Families 
United Act’’. 
SEC. 2. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed— 
(1) to provide the Secretary of Homeland Secu-
rity or the Attorney General with the ability to exer-
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cise the discretionary authority provided in this Act, 
or by an amendment made by this Act, except on a 
case-by-case basis; or 
(2) to otherwise modify or limit the discre-
tionary authority of the Secretary of Homeland Se-
curity or the Attorney General under the immigra-
tion laws (as defined in section 101(a)(17) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(17))). 
SEC. 3. DISCRETIONARY AUTHORITY WITH RESPECT TO 
FAMILY MEMBERS OF UNITED STATES CITI-
ZENS. 
(a) APPLICATIONS FOR RELIEF FROM REMOVAL.— 
Section 240(c)(4) of the Immigration and Nationality Act 
(8 U.S.C. 1229a(c)(4)) is amended by adding at the end 
the following: 
‘‘(D) JUDICIAL DISCRETION.— 
‘‘(i) IN GENERAL.—In the case of an 
alien who is the spouse or child of a citizen 
of the United States, the Attorney General 
may subject to clause (ii)— 
‘‘(I) terminate any removal pro-
ceedings against the alien; 
‘‘(II) decline to order the alien 
removed from the United States; 
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‘‘(III) grant the alien permission 
to reapply for admission to the United 
States; or 
‘‘(IV) subject to clause (iii), 
waive the application of one or more 
grounds of inadmissibility or deport-
ability in connection with any request 
for relief from removal. 
‘‘(ii) LIMITATION ON DISCRETION.— 
‘‘(I) IN GENERAL.—The Attorney 
General may exercise the discretion 
described in clause (i) if the Attorney 
General determines that removal of 
the alien or the denial of a request for 
relief from removal would result in 
hardship to the alien’s United States 
citizen spouse, parent, or child. There 
shall be a presumption that family 
separation constitutes hardship. 
‘‘(II) WIDOW
AND
SURVIVING 
CHILD OF DECEASED UNITED STATES 
CITIZEN.—In the case of the death of 
a citizen of the United States, the At-
torney General may exercise discretion 
described in clause (i) with respect to 
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an alien who was a child of such cit-
izen, or was the spouse of such citizen 
and was not legally separated from 
such citizen on the date of the citi-
zen’s death, if— 
‘‘(aa) the Attorney General 
determines that removal of the 
child or spouse or the denial of a 
requested benefit would result in 
hardship to the child or spouse; 
and 
‘‘(bb) the child or spouse 
seeks relief requiring such discre-
tion not later than two years 
after the date of the citizen’s 
death or demonstrates to the sat-
isfaction of the Attorney General 
the existence of extraordinary cir-
cumstances that prevented the 
spouse or child from seeking re-
lief within such period. 
‘‘(iii) EXCLUSIONS.—This subpara-
graph shall not apply to an alien whom the 
Attorney General determines— 
‘‘(I) is inadmissible under— 
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‘‘(aa) paragraph (2) or (3) 
of section 212(a); or 
‘‘(bb) 
subparagraph 
(A), 
(C), or (D) of section 212(a)(10); 
or 
‘‘(II) is deportable under para-
graph (2), (4), or (6) of section 
237(a).’’. 
(b) SECRETARY’S DISCRETION.—Section 212 of the 
Immigration and Nationality Act (8 U.S.C. 1182) is 
amended— 
(1) by redesignating the second subsection (t) 
as subsection (u); and 
(2) by adding at the end the following: 
‘‘(u) SECRETARY’S DISCRETION.— 
‘‘(1) IN GENERAL.—In the case of an alien who 
is the spouse or child of a citizen of the United 
States, the Secretary of Homeland Security may, 
subject to paragraph (2)— 
‘‘(A) waive the application of one or more 
grounds of inadmissibility or deportability in 
connection with an application for an immigra-
tion benefit or request for relief from removal; 
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‘‘(B) decline to issue a notice to appear or 
other charging document requiring such an 
alien to appear for removal proceedings; 
‘‘(C) decline to reinstate an order of re-
moval under section 241(a)(5); or 
‘‘(D) grant such alien permission to re-
apply 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 de-
scribed in paragraph (1) if the Secretary deter-
mines 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. There shall be a presumption that 
family separation constitutes hardship. 
‘‘(B) WIDOW AND ORPHAN OF DECEASED 
UNITED STATES CITIZEN.—In the case of the 
death of a citizen of the United States, the Sec-
retary of Homeland Security may exercise dis-
cretion described in paragraph (1) with respect 
to an alien who was a child of such citizen, or 
was the spouse of such citizen and was not le-
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gally separated from such citizen on the date of 
the citizen’s death, if— 
‘‘(i) the Secretary determines that the 
denial of a requested benefit would result 
in hardship to the child or spouse; and 
‘‘(ii) the child or spouse seeks relief 
requiring such discretion not later than 
two years after the date of the citizen’s 
death or demonstrates to the satisfaction 
of the Secretary the existence of extraor-
dinary circumstances that prevented the 
spouse or child from seeking relief within 
such period. 
‘‘(3) EXCLUSIONS.—This subsection shall not 
apply to an alien whom the Secretary determines— 
‘‘(A) is inadmissible under— 
‘‘(i) paragraph (2) or (3) of sub-
sections (a); or 
‘‘(ii) subparagraphs (A), (C), or (D) 
of subsection (a)(10); or 
‘‘(B) is deportable under paragraphs (2), 
(4), or (6) of section 237(a).’’. 
SEC. 4. MOTIONS TO REOPEN OR RECONSIDER. 
(a) IN GENERAL.—A motion to reopen or reconsider 
the denial of a petition or application or an order of re-
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moval for an alien may be granted if such petition, appli-
cation, or order would have been adjudicated in favor of 
the alien had this Act, or an amendment made by this 
Act, been in effect at the time of such denial or order. 
(b) FILING REQUIREMENT.—A motion under sub-
section (a) shall be filed no later than the date that is 
2 years after the date of the enactment of this Act, unless 
the alien demonstrates to the satisfaction of the Secretary 
of Homeland Security or Attorney General, as appro-
priate, the existence of extraordinary circumstances that 
prevented the alien from filing within such period. 
Æ 
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