Fair Adjudications for Immigrants Act
Bill: H.R.5517 | Sponsor: Rep. Espaillat, Adriano (D-NY)
Policy area: Immigration

Summary:
Fair Adjudications for Immigrants Act
This bill narrows the scope of certain crime-based grounds for barring or removing an alien from the United States. (Generally, a conviction for certain crimes, such as a crime that carries a term of incarceration of a certain length, may constitute grounds for denying an individual certain immigration benefits.)
The bill redefines the term conviction to exclude convictions that have been dismissed, expunged, deferred, annulled, invalidated, withheld, vacated, or pardoned. The term must also exclude adjudications where a court issued a recommendation against removal, an order of probation without entry of judgment, or a similar disposition.
In addition, any reference to a term of imprisonment or sentence must, unless otherwise provided (1) only consider the period of incarceration ordered by a court, and (2) exclude any suspended portion of a sentence. Currently, for immigration purposes, a term of incarceration includes any part of the sentence that was suspended.
These provisions pertaining to the definition of conviction and terms of imprisonment shall apply to convictions and judgments entered either before or after this bill's enactment.
Furthermore, certain crime-based grounds for barring or removing an alien shall not apply if the sentencing court issues a recommendation that the alien not be removed on the basis of the conviction.

To amend the Immigration and Nationality Act to alter the definition of 
                ``conviction'', and for other purposes.

    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 ``Fair Adjudications for Immigrants 
Act''.

SEC. 2. EXPUNGEMENT AND SENTENCING.

    (a) 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 to read as 
        follows:
    ``(48)(A) The term `conviction' means a formal judgment of guilt 
entered by a court.
    ``(B) The following may not be considered a conviction for purposes 
of this Act:
            ``(i) An adjudication or judgment of guilt that has been 
        dismissed, expunged, deferred, annulled, invalidated, withheld, 
        vacated, or pardoned federally or by a State or locality, 
        including by the President of the United States or by a person 
        or agency authorized by State law to grant such pardon.
            ``(ii) Any adjudication in which the court has issued--
                    ``(I) a judicial recommendation against removal;
                    ``(II) an order of probation without entry of 
                judgment; or
                    ``(III) any similar disposition.
            ``(iii) A judgment that is on appeal or is within the time 
        to file direct appeal.
    ``(C)(i) Unless otherwise provided, with respect to an offense, any 
reference to a term of imprisonment or a sentence is considered to 
include only the period of incarceration ordered by a court.
    ``(ii) Any such reference shall be considered to exclude any 
portion of a sentence of which the imposition or execution was 
suspended.''.
            (2) Retroactive applicability.--The amendment made by this 
        subsection shall apply with respect to any conviction, 
        adjudication, or judgment entered before, on, or after the date 
        of the enactment of this Act.
    (b) Judicial Recommendation Against Removal.--The grounds of 
inadmissibility and deportability under sections 212(a)(2) and 
237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2) 
and 1227(a)(2)) shall not apply to an alien with a criminal conviction 
if, after having provided notice and an opportunity to respond to the 
prosecuting authorities, the sentencing court issues a recommendation 
to the Secretary that the alien not be removed on the basis of the 
conviction.
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