American Families United Act

Summary#

This bill, called the American Families United Act, would change parts of the Immigration and Nationality Act to give immigration officials more discretion for certain family members of citizens. The Attorney General and the Secretary of Homeland Security could, on a case-by-case basis for spouses or children of citizens, stop removal proceedings, decline to remove the person, allow the person to reapply for admission, or waive one or more grounds of inadmissibility or deportability. The bill creates a presumption that family separation is hardship.

The bill lists exclusions. The new discretion would not apply to people found inadmissible under section 212(a)(2) or 212(a)(3), or under 212(a)(10) subparagraphs (A), (C), or (D). It also would not apply to people deportable under section 237(a) paragraphs (2), (4), or (6). The bill also covers cases when a citizen dies: a surviving spouse or child may seek relief within two years of the citizen's death (or later if they show extraordinary circumstances).

The bill also says a motion to reopen or reconsider a denied petition, application, or order of removal can be granted if the case would have been decided in the person's favor had this Act been in effect. Those motions must be filed within two years after the Act is enacted, unless the person shows extraordinary circumstances.

The bill begins with a rule of construction saying these new authorities must be used on a case-by-case basis and do not limit other discretionary powers under the immigration laws.

What it means for you#

• If you are the spouse or child of a citizen, immigration officials could use new discretion to avoid removing you or to waive certain grounds that would otherwise block relief.
• There is a legal presumption that separating a family causes hardship; officials must consider that when deciding relief.
• The discretion does not cover people with certain serious criminal, national security, or other specified grounds of inadmissibility or deportability listed in the bill.
• Surviving spouses and children of a deceased citizen have up to two years to seek this relief, unless they show extraordinary circumstances.
• People previously denied relief can ask to reopen their case if the denial would have been different under this Act. They generally must file that motion within two years of the Act becoming law.

Expenses#

No publicly available information.

Proponents' View#

The bill text states its purpose is to "promote family unity." The changes give case-by-case discretion to stop removals or grant waivers for spouses and children of citizens when removal or denial would cause hardship, reflecting the bill's focus on keeping families together.

Opponents' View#

No publicly available information.