[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5035 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5035

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 from the United States.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 2006

 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 from the United States.

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

SECTION 1. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL 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 deportable under 
                section 237 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 from the United States if the judge determines 
                that such removal 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 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).''.
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