Families Belong Together Act
Bill: H.R.2766 | Sponsor: Rep. Castro, Joaquin (D-TX)
Policy area: Immigration

Summary:
Families Belong Together Act
This bill provides various immigration benefits for eligible alien parents (or legal guardians) and minor children who were separated by the Department of Homeland Security (DHS) between January 20, 2017, and January 20, 2021.
Generally, to be an eligible parent or minor child under this bill, the alien must not be inadmissible for certain crime- or security-related grounds, though DHS may waive certain grounds for humanitarian or public interest reasons. Furthermore, an eligible child who was separated as a minor remains eligible for the immigration benefits after reaching majority.
DHS must grant humanitarian parole into the United States to an eligible alien who requests such parole, regardless of whether the alien is physically present in the United States.
An eligible alien in the United States may apply for lawful permanent resident status. U.S. Citizenship and Immigration Services shall grant a qualifying alien's lawful permanent resident status within 30 days of receiving the alien's application.
An alien who receives lawful permanent resident status under this bill shall be eligible for benefits and services that are available to an alien who is admitted as a refugee.
Certain annual numerical limitations shall not apply to aliens who receive lawful permanent resident status under this bill.
If an alien seeks judicial review of a denial of an application for lawful permanent resident status under this bill, the Department of Justice shall appoint counsel to represent that alien upon request.

To grant lawful permanent resident status to certain eligible persons 
 who were separated from immediate family members by the Department of 
                           Homeland Security.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Families Belong Together Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Eligible child.--The term ``eligible child'' means a 
        person who, regardless of whether the person is in the United 
        States or abroad--
                    (A) entered the United States before attaining 18 
                years of age at a port of entry or between ports of 
                entry;
                    (B) was separated from his or her parent or legal 
                guardian by the Department of Homeland Security between 
                January 20, 2017, and January 20, 2021; and
                    (C) is not inadmissible under paragraph (2)(C)(i), 
                (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1182(a)).
            (2) Eligible parent.--The term ``eligible parent'' means a 
        person who, regardless of whether the person is in the United 
        States or abroad--
                    (A) is a parent or legal guardian of an eligible 
                child;
                    (B) entered the United States at a port of entry, 
                or between ports of entry, with an eligible child to 
                whom he or she is a parent or legal guardian;
                    (C) was separated from his or her eligible child by 
                the Department of Homeland Security between January 20, 
                2017, and January 20, 2021; and
                    (D) is not inadmissible under paragraph (2)(C)(i), 
                (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1182(a)).

SEC. 3. HUMANITARIAN PAROLE.

    (a) In General.--The Secretary of Homeland Security shall grant 
humanitarian parole into the United States to any eligible parent or 
eligible child who expressly requests and applies for such parole, 
whether or not such eligible parent or eligible child is physically 
present in the United States.
    (b) Fee and Sponsor Prohibited.--The Secretary of Homeland Security 
may not--
            (1) impose a fee in conjunction with a request or 
        application for parole under subsection (a); or
            (2) require the applicant to secure a fiscal sponsor.
    (c) Consultation Requirement.--The Secretary of Homeland Security 
shall consult with the Secretary of State to ensure coordination with 
local consular officials abroad.

SEC. 4. ADJUSTMENT OF STATUS.

    (a) Eligible Parents.--
            (1) Application.--Eligible parents in the United States may 
        submit an application to the Director of U.S. Citizenship and 
        Immigration Services to have their status adjusted to that of 
        an alien lawfully admitted for permanent residence.
            (2) Adjustment of status.--Not later than 30 days after 
        receiving an application from an eligible parent pursuant to 
        paragraph (1), the Director shall adjust the status of such 
        eligible parent to that of an alien lawfully admitted for 
        permanent residence.
    (b) Eligible Children.--
            (1) Application.--Eligible children in the United States 
        may submit an application to the Director of U.S. Citizenship 
        and Immigration Services to have their status adjusted to that 
        of an alien lawfully admitted for permanent residence.
            (2) Adjustment.--Not later than 30 days after receiving an 
        application from an eligible child pursuant to paragraph (1), 
        the Director shall adjust the status of such child to that of 
        an alien lawfully admitted for permanent residence.
    (c) Exemption From Numerical Limitations.--The numerical 
limitations set forth in sections 201 and 202 of the Immigration and 
Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to aliens 
whose status is adjusted pursuant to subsection (a) or (b).
    (d) Application Fees Prohibited.--The Director of U.S. Citizenship 
and Immigration Services may not impose a fee for--
            (1) any application submitted under this section; or
            (2) any filing related to such application, including the 
        submission of biometric information or an application for 
        waiver of grounds of inadmissibility.
    (e) Eligibility for Benefits and Services.--Notwithstanding title 
IV of the Personal Responsibility and Work Opportunity Reconciliation 
Act of 1996 (8 U.S.C. 1601 et seq.), an eligible parent or eligible 
child whose status is adjusted to that of an alien lawfully admitted 
for permanent residence shall be eligible for benefits and services 
under any Federal or State program or activity to the same extent as an 
alien who is admitted to the United States as a refugee under section 
207 of the Immigration and Nationality Act (8 U.S.C. 1157).

SEC. 5. DISCRETION OF THE SECRETARY OF HOMELAND SECURITY.

    (a) Waiver of Grounds of Inadmissibility.--Notwithstanding any 
other provision of law, the Secretary of Homeland Security may waive 
the operation of one or more grounds of inadmissibility set forth in 
section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)) (other than paragraph (3)(E) of such section) with respect to 
an eligible child or an eligible parent, for humanitarian purposes, to 
ensure family unity, or when such waiver is otherwise in the public 
interest.
    (b) Savings Provision.--Nothing in this Act may be construed to 
reduce or diminish the discretion provided to the Secretary of Homeland 
Security under section 212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)).

SEC. 6. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review.--Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Homeland Security shall 
provide a process for aliens who have applied for adjustment of status 
under this Act to seek administrative appellate review of a denial of 
an application for adjustment of status, or a revocation of such 
status.
    (b) Judicial Review.--
            (1) In general.--Notwithstanding any other provision of 
        law, an alien may seek judicial review of a denial of an 
        application for adjustment of status, or a revocation of such 
        status, under this Act in an appropriate United States district 
        court.
            (2) Scope of review and decision.--Notwithstanding any 
        other provision of law, the review authorized under paragraph 
        (1) shall be de novo and shall be based solely on the 
        administrative record, except that the applicant shall be given 
        the opportunity to supplement the administrative record and the 
        Secretary of Homeland Security shall be given the opportunity 
        to rebut the evidence and arguments raised in such submission. 
        Upon issuing its decision, the court shall remand the matter, 
        with appropriate instructions, to the Department of Homeland 
        Security to render a final decision on the application.
    (c) Appointed Counsel.--
            (1) In general.--Notwithstanding any other provision of 
        law, an applicant seeking judicial review under this section 
        shall be represented by counsel, who shall be appointed, upon 
        the request of the applicant, in accordance with procedures 
        established by the Attorney General.
            (2) Rulemaking.--Not later than 90 days after the date of 
        the enactment of this Act, the Attorney General shall establish 
        procedures for the appointment of counsel under paragraph (1).
            (3) Funding.--Counsel appointed pursuant to paragraph (1) 
        shall be paid from amounts appropriated pursuant to section 
        7(2).
    (d) Stay of Removal.--An alien seeking administrative or judicial 
review under this section may not be removed from the United States 
until a final decision is rendered establishing that the alien is 
ineligible for adjustment of status under section 4.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to any other amounts otherwise 
authorized to be appropriated for such purpose, there is authorized to 
be appropriated--
            (1) $5,000,000 to the Department of State in fiscal year 
        2021 to locate and educate eligible parents and children abroad 
        about opportunities for humanitarian parole; and
            (2) $5,000,000 to the Executive Office for Immigration 
        Review of the Department of Justice in fiscal year 2021 for the 
        provision of legal services, including educating eligible 
        parents and eligible children of their rights under this Act.
    (b) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) shall remain available until expended.
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