To provide discretionary authority to an immigration judge to determine that an alien parent of a United States citizen child should not be ordered removed, deported, or excluded from the United States.

Bill: 114-hr-3436
Sponsor: full_name: Rep. Serrano, Jose E. [D-NY-15]
Introduced: 2015-07-31
Policy area: Immigration
Subjects: Border security and unlawful immigration

Child safety and welfare

Crimes against women

Family relationships

Human trafficking

Immigration status and procedures

Judicial procedure and administration
Latest action: action_date: 2015-09-28
text: Referred to the Subcommittee on Immigration and Border Security.

Summaries:
action_date: 2015-07-31
action_desc: Introduced in House
text: <p>Amends the Immigration and Nationality Act, in the case of an alien subject to removal, deportation, or exclusion and who is the parent of a U.S. citizen child, to authorize an immigration judge to decline to order such removal if the judge determines that action to be against the child's best interests. </p> <p>States that such discretion shall not apply to an alien when the judge determines that the alien: (1) is excludable or deportable on security grounds, or (2) has engaged in sex trafficking or severe forms of trafficking in persons.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 3436 IN THE HOUSE OF REPRESENTATIVES July 31, 2015 Mr. Serrano introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide discretionary authority to an immigration judge to determine that an alien parent of a United States citizen child should not be ordered removed, deported, or excluded from the United States.

1. Discretionary authority with respect to removal, deportation, or exclusion of parents of citizen children 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) Discretion of judge in case of citizen child In the case of an alien subject to removal, deportation, or exclusion who is the parent of a child who is a citizen of the United States, the immigration judge may exercise discretion to decline to order the alien removed, deported or excluded from the United States if the judge determines that such removal, deportation, or exclusion is clearly against the best interests of the child, except that this subparagraph shall not apply to any alien who the judge determines— (i) is described in section 212(a)(3) or 237(a)(4); or (ii) has engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). .