Destigmatizing in Immigration Act
Bill: H.R.1614 | Sponsor: Rep. Boyle, Brendan F. (D-PA)
Policy area: Immigration

Summary:
Destigmatizing in Immigration Act
This bill removes various immigration-related penalties pertaining to marijuana and addresses related issues.
Specifically, offenses involving marijuana use, possession, or distribution shall not be grounds for (1) barring an alien from admission into the United States, (2) removing an alien from the United States, or (3) finding that an alien lacks good moral character for immigration purposes.
An alien who was previously barred or deported due to such marijuana-related offenses shall be readmitted into the United States.
Under this bill, the distribution of marijuana shall not constitute an aggravated felony for immigration purposes.
Furthermore, the bill repeals a statutory provision stating that habitual drunkards lack good moral character for immigration purposes.


To amend the Immigration and Nationality Act to provide that marijuana 
      use, possession, and distribution may not be considered for 
determinations of whether a person is a person of good moral character, 
                        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 ``Destigmatizing in Immigration Act''.

SEC. 2. MARIJUANA USE, POSSESSION, AND DISTRIBUTION NOT CONSIDERED FOR 
              GOOD MORAL CHARACTER OR GROUNDS FOR INADMISSIBILITY.

    (a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended--
            (1) in section 101 (8 U.S.C. 1101)--
                    (A) in subsection (a)(43)(B), by inserting ``other 
                than the distribution of marijuana,'' after ``(as 
                defined in section 102 of the Controlled Substances 
                Act)''; and
                    (B) in subsection (f)--
                            (i) in paragraph (3), by striking ``a 
                        single offense of simple possession of 30 grams 
                        or less of marihuana'' and inserting ``offenses 
                        involving the use, possession, or distribution 
                        of marijuana''; and
                            (ii) by adding at the end the following: 
                        ``Notwithstanding any other provision of this 
                        Act, any offenses or conduct involving the use, 
                        possession, or distribution of marijuana shall 
                        not be considered in a determination of whether 
                        a person is a person of good moral 
                        character.'';
            (2) in section 212(a)(2) (8 U.S.C. 1182(a)(2)), by amending 
        subparagraph (F) to read as follows:
                    ``(F) Marijuana offenses.--Notwithstanding any 
                other provision of this section, any offenses involving 
                the use, possession, or distribution of marijuana shall 
                not be considered as grounds of inadmissibility.''; and
            (3) in section 237(a)(2)(B)(i) (8 U.S.C. 1227(a)(2)(B)(i)), 
        by striking ``other than a single offense involving possession 
        for one's own use of 30 grams or less of marijuana'' and 
        inserting ``other than offenses involving the use, possession, 
        or distribution of marijuana''.
    (b) Right To Reapply or Return.--
            (1) Reapplication.--Any alien who was previously denied a 
        visa to enter the United States as a direct result of the 
        alien's use, possession, or distribution of marijuana may 
        reapply for admission to the United States.
            (2) Reissuance.--Any alien who was deported from the United 
        States as a direct result of the alien's use, possession, or 
        distribution of marijuana shall be readmitted to the United 
        States and reissued the visa that they had at the time of the 
        alien's deportation if the alien is not inadmissible under 
        section 212(a) of the Immigration and Nationality Act, as 
        amended by subsection (a)(2).

SEC. 3. HABITUAL DRUNKARD REPEAL.

    Paragraph (1) of section 101(f) of the Immigration and Nationality 
Act (8 U.S.C. 1101(f)) is repealed.
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