[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1036 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1036

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2017

Mr. O'Rourke (for himself, Mr. Pearce, and Mr. Swalwell of California) 
 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 U.S. 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 limited 
        ability to provide fairness to the spouses, children and 
        parents of American citizens in immigration proceedings on a 
        case-by-case basis.

SEC. 3. RULES OF CONSTRUCTION.

    Nothing in this Act shall be construed--
            (1) to provide the Attorney General or the Secretary of 
        Homeland Security with the ability to expand the discretionary 
        authority beyond a case-by-case basis; or
            (2) to provide, confirm or concur legalization or 
        nationalization of persons covered under this Act, it is solely 
        designed to address hardships incurred by a small minority of 
        American families that are adversely affected by 
        inadmissibility and deportation provisions that cause family 
        separation.

SEC. 4. WAIVERS OF INADMISSIBILITY.

    (a) Aliens Who Entered as Children.--Section 212(a)(9)(B)(iii) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is 
amended by adding at the end the following:
                                    ``(VI) Aliens who entered as 
                                children.--Clause (i) shall not apply 
                                to an alien who is the beneficiary of 
                                an approved petition under section 
                                101(a)(15)(H) and who has earned a 
                                baccalaureate or higher degree from a 
                                United States institution of higher 
                                education (as defined in section 101(a) 
                                of the Higher Education Act of 1965 (20 
                                U.S.C. 1001(a))), and had not yet 
                                reached the age of 16 years at the time 
                                of initial entry to the United 
                                States.''.
    (b) Aliens Unlawfully Present.--Section 212(a)(9)(B)(v) of the 
Immigration and Nationality Act (8 U.S.C. 1181(a)(9)(B)(v)) is 
amended--
            (1) by striking ``spouse or son or daughter'' and inserting 
        ``spouse, son, daughter, or parent'';
            (2) by striking ``extreme''; and
            (3) by inserting ``, child,'' after ``lawfully resident 
        spouse''.
    (c) Previous Immigration Violations.--Section 212(a)(9)(C)(i) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(i)) is 
amended by adding ``, other than an alien described in clause (iii) or 
(iv) of subparagraph (B),'' after ``Any alien''.
    (d) False Claims.--
            (1) Inadmissibility.--
                    (A) In general.--Section 212(a)(6)(C) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(6)(C)) is amended to read as follows:
                    ``(C) Misrepresentation.--
                            ``(i) In general.--Any alien who, by fraud 
                        or willfully misrepresenting a material fact, 
                        seeks to procure (or within the last 3 years 
                        has sought to procure or has procured) a visa, 
                        other documentation, or admission into the 
                        United States or other benefit provided under 
                        this Act is inadmissible.
                            ``(ii) Falsely claiming citizenship.--
                                    ``(I) Inadmissibility.--Subject to 
                                subclause (II), any alien who knowingly 
                                misrepresents himself or herself to be 
                                a citizen of the United States for any 
                                purpose or benefit under this chapter 
                                (including section 274A) or any other 
                                Federal or State law is inadmissible.
                                    ``(II) Special rule.--An alien 
                                shall not be inadmissible under this 
                                clause if the misrepresentation 
                                described in subclause (I) was made by 
                                the alien when the alien--
                                            ``(aa) was under 18 years 
                                        of age; or
                                            ``(bb) otherwise lacked the 
                                        mental competence to knowingly 
                                        misrepresent a claim of United 
                                        States citizenship.
                            ``(iii) Waiver.--The Attorney General or 
                        the Secretary of Homeland Security may, in the 
                        discretion of the Attorney General or the 
                        Secretary, waive the application of clause (i) 
                        or (ii)(I) for an alien, regardless whether the 
                        alien is within or outside the United States, 
                        if the Attorney General or the Secretary find 
                        that a determination of inadmissibility to the 
                        United States for such alien would--
                                    ``(I) result in hardship to the 
                                alien or to the alien's parent, spouse, 
                                son, or daughter who is a citizen of 
                                the United States or an alien lawfully 
                                admitted for permanent residence; or
                                    ``(II) in the case of a VAWA self-
                                petitioner, result in hardship to the 
                                alien or a parent or child of the alien 
                                who is a citizen of the United States, 
                                an alien lawfully admitted for 
                                permanent residence, or a qualified 
                                alien (as defined in section 431 of the 
                                Personal Responsibility and Work 
                                Opportunity Reconciliation Act of 1996 
                                (8 U.S.C. 1641(b))).
                        For purposes of this clause, family separation 
                        in and of itself shall be deemed to be a 
                        hardship.
                            ``(iv) Limitation on review.--No court 
                        shall have jurisdiction to review a decision or 
                        action of the Attorney General or the Secretary 
                        regarding a waiver under clause (iii).''.
                    (B) Conforming amendment.--Section 212 of the 
                Immigration and Nationality Act (8 U.S.C. 1182) is 
                amended by striking subsection (i).
            (2) Deportability.--Section 237(a)(3)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1227(a)(3)(D)) is amended to read 
        as follows:
                    ``(D) Falsely claiming citizenship.--Any alien 
                described in section 212(a)(6)(C)(ii) is deportable.''.
    (e) 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 by striking 
        subparagraphs (A) and (B) and inserting the following:
                    ``(A) The term `conviction' means, with respect to 
                an alien, a final, formal judgment of guilt entered by 
                a court. Where a State or Federal court enters an 
                adjudication or judgment of guilt that has been 
                withheld, deferred, expunged, annulled, invalidated or 
                vacated, or enters an order of probation without entry 
                of judgment, or any similar disposition under State or 
                Federal law such judgment or adjudication shall not be 
                considered a conviction for purposes of this Act.
                    ``(B) Any pardon entered by a State or Federal 
                authority shall render the prior conviction null and 
                void for all purposes under this Act.
                    ``(C) Any reference to a term of imprisonment or a 
                sentence with respect to an offense is deemed to 
                include only the actual period of incarceration or 
                confinement ordered by a court of law. The suspension 
                of the imposition or execution of that imprisonment or 
                sentence in whole or in part shall not be included as a 
                part of the sentence for purposes of this Act.''.
            (2) Effective date and application.--The amendments made by 
        paragraph (1) shall take effect on the date of the enactment of 
        this Act and shall apply to convictions and sentences entered 
        before, on, or after the date of the enactment of this Act.

SEC. 5. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION, 
              INELIGIBILITY OR INADMISSIBILITY OF CITIZEN AND RESIDENT 
              IMMEDIATE 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.--In the case of an alien 
                subject to removal, deportation, ineligibility or 
                inadmissibility, the immigration judge may exercise 
                discretion to decline to order the alien removable, 
                deportable, ineligible or inadmissible from the United 
                States and terminate proceedings or grant permission to 
                reapply for admission or any application for relief 
                from removal if the judge determines that such removal, 
                deportation, ineligibility or inadmissibility is 
                against the public interest or would result in hardship 
                to the alien's United States citizen or lawful 
                permanent resident parent, spouse, or child, or the 
                judge determines the alien is prima facie eligible for 
                naturalization except that this subparagraph shall not 
                apply to an alien whom the judge determines--
                            ``(i) 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)(ii), 
                                (2)(A)(v), (2)(F), (4), or (6) of 
                                section 237(a); or
                            ``(ii) has--
                                    ``(I) engaged in conduct described 
                                in paragraph (9) or (10) of section 103 
                                of the Trafficking Victims Protection 
                                Act of 2000 (22 U.S.C. 7102); or
                                    ``(II) a felony conviction 
                                described in section 101(a)(43) that 
                                would have been classified as an 
                                aggravated felony at the time of 
                                conviction.
                        For purposes of this subparagraph, family 
                        separation in and of itself shall be deemed to 
                        be a hardship and shall be deemed to be against 
                        the public interest.''.
    (b) Secretary's Discretion.--Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended by adding at the end the 
following:
    ``(u) Secretary's Discretion.--In the case of an alien who is 
inadmissible under this section or deportable under section 237 or 
ineligible under any provision of this Act, the Secretary of Homeland 
Security may exercise discretion to waive a ground of ineligibility, 
inadmissibility or deportability or grant permission to reapply for 
admission or any application for immigration benefits if the Secretary 
determines that such ineligibility, removal or refusal of admission is 
against the public interest or would result in hardship, including 
family separation, to the alien's United States citizen or permanent 
resident parent, spouse, or child. For purposes of this subsection, 
family separation in and of itself shall be deemed to be a hardship and 
shall be deemed to be against the public interest. This subsection 
shall not apply to an alien whom the Secretary determines--
            ``(1) 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);
                    ``(D) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), or 
                (6) of section 237(a); or
                    ``(E) section 240(c)(4)(D)(ii)(II); or
            ``(2) has--
                    ``(A) 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);
                    ``(B) a felony conviction described in section 
                101(a)(43) that would have been classified as an 
                aggravated felony at the time of conviction;''.
    (c) Reinstatement of Removal Orders.--Section 241(a)(5) of the 
Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) is amended by 
striking the period at the end and inserting ``, unless the alien 
reentered prior to attaining the age of 18 years, or reinstatement of 
the prior order of removal would not be in the public interest or would 
result in hardship, including family separation, to the alien's United 
States citizen or permanent resident parent, spouse, or child.''.
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