Title: American Families United Act
Policy area: Immigration

Summary:
American Families United Act
This bill authorizes the Department of Homeland Security (DHS) or the Department of Justice (DOJ) to exercise discretion in certain immigration cases. The bill also removes certain requirements related to birthright citizenship.
Under this bill, DOJ or DHS may, on a case-by-case basis, exercise discretion by declining to remove an alien or bar an alien from entering the United States to prevent hardship for the alien's U.S. citizen spouse, parent, or child. However, DOJ or DHS may not exercise this discretion if the alien is removable or inadmissible due to certain grounds, including specified crime- and security-related grounds.
The bill also removes certain requirements related to birthright citizenship for a child born outside of the United States to one U.S. citizen parent and one alien parent. Specifically, the bill removes a provision that requires the U.S. citizen parent to be physically present in the United States for at least five years before the child's birth in order for the child to acquire U.S. citizenship at birth.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2920 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2920

 To amend the Immigration and Nationality Act to promote family unity, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2021

  Ms. Escobar (for herself and Mr. Valadao) 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 Representatives 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 United States citizens 
        should be protected by our Nation's immigration laws.
            (2) It is the intent of Congress to provide the Attorney 
        General and Secretary of Homeland Security with the ability to 
        exercise their discretion in favor of preventing hardship to 
        the spouses, children, and parents of United States 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 provided in this Act, except on a 
case-by-case basis.

SEC. 4. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION, 
              INELIGIBILITY OR INADMISSIBILITY OF CITIZEN FAMILY 
              MEMBERS.

    (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 
                        in removal proceedings, who is the spouse or 
                        child of a United States citizen, the Attorney 
                        General may, for reasons described in clause 
                        (ii)--
                                    ``(I) decline to order such alien 
                                removed from the United States;
                                    ``(II) terminate such removal 
                                proceedings; or
                                    ``(III) grant such alien permission 
                                to reapply for admission to the United 
                                States or any other application for 
                                relief from removal.
                            ``(ii) Limitation on discretion.--
                                    ``(I) In general.--The Attorney 
                                General may exercise discretion 
                                described in clause (i) if the Attorney 
                                General determines 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.
                                    ``(II) Hardship.--For purposes of 
                                subclause (I), there is a presumption 
                                that family separation shall result in 
                                hardship.
                            ``(iii) Exclusions.--This subparagraph 
                        shall not apply to an alien whom the Attorney 
                        General determines is inadmissible or 
                        deportable under--
                                    ``(I) subparagraph (B), (C), 
                                (D)(ii), (E), (H), or (I) of section 
                                212(a)(2);
                                    ``(II) section 212(a)(3);
                                    ``(III) subparagraph (A), (C), or 
                                (D) of section 212(a)(10); or
                                    ``(IV) paragraph (2)(A)(iii), 
                                (2)(A)(v), (2)(F), (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:
    ``(v) Secretary's Discretion.--
            ``(1) In general.--In the case of an alien who is the 
        spouse or child of a United States citizen, and who is 
        inadmissible under subsection (a), deportable under section 
        237, or ineligible for any immigration benefit or relief under 
        the immigration laws as a result of such inadmissibility or 
        deportability, the Secretary of Homeland Security may, for 
        reasons described in paragraph (2)--
                    ``(A) waive one or more grounds of inadmissibility 
                or deportability;
                    ``(B) decline to issue a notice to appear requiring 
                such an alien to appear for removal proceedings;
                    ``(C) decline to reinstate an order of removal 
                under section 241(a)(5); and
                    ``(D) grant such alien permission to reapply 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 described in paragraph 
                (1) if the Secretary determines 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.
                    ``(B) Hardship.--For purposes of subparagraph (A), 
                there is a presumption that family separation shall 
                result in hardship.
            ``(3) Exclusions.--This subsection shall not apply to an 
        alien whom the Secretary determines is inadmissible or 
        deportable under--
                    ``(A) subparagraph (B), (C), (D)(ii), (E), (H), or 
                (I) of subsection (a)(2);
                    ``(B) subsection (a)(3);
                    ``(C) subparagraph (A), (C), or (D) of subsection 
                (a)(10); or
                    ``(D) paragraph (2)(A)(iii), (2)(A)(v), (2)(F), or 
                (6) of section 237(a).''.
    (c) Nationality at Birth and Collective Naturalization.--Section 
301(g) of the Immigration and Nationality Act (8 U.S.C. 1401(g)) is 
amended by striking ``for a period or periods totaling not less than 
five years, at least two of which were after attaining the age of 
fourteen years''.
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