I 
116TH CONGRESS 
2D SESSION 
H. R. 8708 
To amend the Immigration and Nationality Act to promote family unity, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 30, 2020 
Ms. ESCOBAR (for herself, Mr. WOODALL, and Mr. SOTO) 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. 
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. FINDINGS. 
Congress finds the following: 
(1) The rights and interests of U.S. citizens 
should be protected by our Nation’s immigration 
laws. 
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(2) It is the intent of Congress to provide the 
Attorney General and Secretary of Homeland Secu-
rity with the limited ability to exercise their discre-
tion 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. 
SEC. 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 pro-
vided in this Act, except on a case-by-case basis. 
SEC. 4 DEFINITION OF CONVICTION. 
(1) IN GENERAL.—Section 101(a)(48) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(48)) is amended by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) The term ‘conviction’ means, with re-
spect to an alien, a final, formal judgment of 
guilt entered by a court. A State or Federal 
court adjudication or judgment of guilt that has 
been withheld, deferred, expunged, annulled, in-
validated, or vacated; an order of probation 
without entry of judgment; or any similar dis-
position under State or Federal law shall not be 
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considered a conviction for purposes of the im-
migration laws. 
‘‘(B) A pardon entered by a State or Fed-
eral authority shall render the underlying con-
viction null and void for purposes of the immi-
gration laws. 
‘‘(C) Any reference to a term of imprison-
ment or sentence with respect to an offense is 
deemed to include only the actual period of in-
carceration or confinement ordered by a court 
of law. The suspension of the imposition or exe-
cution 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. 
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SEC. 5. DISCRETIONARY AUTHORITY WITH RESPECT TO RE-
MOVAL, DEPORTATION, INELIGIBILITY OR IN-
ADMISSIBILITY OF CITIZEN FAMILY MEM-
BERS. 
(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 subject to removal, deportation, or 
exclusion proceedings, the Attorney Gen-
eral 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, de-
portation, or exclusion proceedings; 
and 
‘‘(III) grant such alien permis-
sion to reapply for admission to the 
United States or any other application 
for relief from removal. 
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‘‘(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 con-
duct described in paragraph (8), 
(11), or (12) of section 103 of 
the Trafficking Victims Protec-
tion Act of 2000 (22 U.S.C. 
7102); or 
‘‘(bb) a felony conviction de-
scribed 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) is 
amended— 
(1) by redesignating the second subsection (t) 
as subsection (u); and 
(2) by adding at the end the following: 
‘‘(v) SECRETARY’S DISCRETION.— 
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‘‘(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 de-
portability; 
‘‘(B) decline to issue a notice to appear re-
quiring such an alien to appear in a removal 
proceeding; 
‘‘(C) decline to reinstate an order of re-
moval under section 241(a)(5); and 
‘‘(D) grant such an alien permission to re-
apply for admission to the United States or any 
other application for immigration benefits. 
‘‘(2) LIMITATION
ON
DISCRETION.—The Sec-
retary of Homeland Security may exercise the dis-
cretion 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 cit-
izen; or 
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‘‘(ii) the parent of a United States cit-
izen 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 de-
scribed in paragraph (8), (11), or (12) of 
section 103 of the Trafficking Victims Pro-
tection Act of 2000 (22 U.S.C. 7102); or 
‘‘(ii) a felony conviction described in 
section 101(a)(43) that would have been 
classified as an aggravated felony at the 
time of conviction;’’. 
Æ 
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