[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1698 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1698

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 22, 2023

   Ms. Escobar (for herself, Ms. Salazar, Mr. Raskin, Ms. Tlaib, Ms. 
Williams of Georgia, Ms. Norton, Ms. Jacobs, Ms. Barragan, Mr. Correa, 
   Ms. Scanlon, Mr. Allred, Ms. Jayapal, Mr. Doggett, Ms. Ross, Mr. 
  Neguse, Ms. Velazquez, and Ms. Omar) 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. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed--
            (1) to provide the Secretary of Homeland Security or the 
        Attorney General with the ability to exercise the discretionary 
        authority provided in this Act, or by an amendment made by this 
        Act, except on a case-by-case basis; or
            (2) to otherwise modify or limit the discretionary 
        authority of the Secretary of Homeland Security or the Attorney 
        General under the immigration laws (as defined in section 
        101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(17))).

SEC. 3. DISCRETIONARY AUTHORITY WITH RESPECT TO FAMILY MEMBERS OF 
              UNITED STATES CITIZENS.

    (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 
                        who is the spouse or child of a citizen of the 
                        United States, the Attorney General may subject 
                        to clause (ii)--
                                    ``(I) terminate any removal 
                                proceedings against the alien;
                                    ``(II) decline to order the alien 
                                removed from the United States;
                                    ``(III) grant the alien permission 
                                to reapply for admission to the United 
                                States; or
                                    ``(IV) subject to clause (iii), 
                                waive the application of one or more 
                                grounds of inadmissibility or 
                                deportability in connection with any 
                                request for relief from removal.
                            ``(ii) Limitation on discretion.--
                                    ``(I) In general.--The Attorney 
                                General may exercise the discretion 
                                described in clause (i) if the Attorney 
                                General determines that removal of the 
                                alien or the denial of a request for 
                                relief from removal would result in 
                                hardship to the alien's United States 
                                citizen spouse, parent, or child. There 
                                shall be a presumption that family 
                                separation constitutes hardship.
                                    ``(II) Widow and surviving child of 
                                deceased united states citizen.--In the 
                                case of the death of a citizen of the 
                                United States, the Attorney General may 
                                exercise discretion described in clause 
                                (i) with respect to an alien who was a 
                                child of such citizen, or was the 
                                spouse of such citizen and was not 
                                legally separated from such citizen on 
                                the date of the citizen's death, if--
                                            ``(aa) the Attorney General 
                                        determines that removal of the 
                                        child or spouse or the denial 
                                        of a requested benefit would 
                                        result in hardship to the child 
                                        or spouse; and
                                            ``(bb) the child or spouse 
                                        seeks relief requiring such 
                                        discretion not later than two 
                                        years after the date of the 
                                        citizen's death or demonstrates 
                                        to the satisfaction of the 
                                        Attorney General the existence 
                                        of extraordinary circumstances 
                                        that prevented the spouse or 
                                        child from seeking relief 
                                        within such period.
                            ``(iii) Exclusions.--This subparagraph 
                        shall not apply to an alien whom the Attorney 
                        General determines--
                                    ``(I) is inadmissible under--
                                            ``(aa) paragraph (2) or (3) 
                                        of section 212(a); or
                                            ``(bb) subparagraph (A), 
                                        (C), or (D) of section 
                                        212(a)(10); or
                                    ``(II) is deportable under 
                                paragraph (2), (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:
    ``(u) Secretary's Discretion.--
            ``(1) In general.--In the case of an alien who is the 
        spouse or child of a citizen of the United States, the 
        Secretary of Homeland Security may, subject to paragraph (2)--
                    ``(A) waive the application of one or more grounds 
                of inadmissibility or deportability in connection with 
                an application for an immigration benefit or request 
                for relief from removal;
                    ``(B) decline to issue a notice to appear or other 
                charging document requiring such an alien to appear for 
                removal proceedings;
                    ``(C) decline to reinstate an order of removal 
                under section 241(a)(5); or
                    ``(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. There shall be a presumption 
                that family separation constitutes hardship.
                    ``(B) Widow and orphan of deceased united states 
                citizen.--In the case of the death of a citizen of the 
                United States, the Secretary of Homeland Security may 
                exercise discretion described in paragraph (1) with 
                respect to an alien who was a child of such citizen, or 
                was the spouse of such citizen and was not legally 
                separated from such citizen on the date of the 
                citizen's death, if--
                            ``(i) the Secretary determines that the 
                        denial of a requested benefit would result in 
                        hardship to the child or spouse; and
                            ``(ii) the child or spouse seeks relief 
                        requiring such discretion not later than two 
                        years after the date of the citizen's death or 
                        demonstrates to the satisfaction of the 
                        Secretary the existence of extraordinary 
                        circumstances that prevented the spouse or 
                        child from seeking relief within such period.
            ``(3) Exclusions.--This subsection shall not apply to an 
        alien whom the Secretary determines--
                    ``(A) is inadmissible under--
                            ``(i) paragraph (2) or (3) of subsections 
                        (a); or
                            ``(ii) subparagraphs (A), (C), or (D) of 
                        subsection (a)(10); or
                    ``(B) is deportable under paragraphs (2), (4), or 
                (6) of section 237(a).''.

SEC. 4. MOTIONS TO REOPEN OR RECONSIDER.

    (a) In General.--A motion to reopen or reconsider the denial of a 
petition or application or an order of removal for an alien may be 
granted if such petition, application, or order would have been 
adjudicated in favor of the alien had this Act, or an amendment made by 
this Act, been in effect at the time of such denial or order.
    (b) Filing Requirement.--A motion under subsection (a) shall be 
filed no later than the date that is 2 years after the date of the 
enactment of this Act, unless the alien demonstrates to the 
satisfaction of the Secretary of Homeland Security or Attorney General, 
as appropriate, the existence of extraordinary circumstances that 
prevented the alien from filing within such period.
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