119-hr2366

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2366 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2366

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

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 26, 2025

 Ms. Escobar (for herself, Ms. Salazar, Mr. Tonko, Mr. Espaillat, Mr. 
Carbajal, Mr. Casar, Mr. Correa, Ms. Dean of Pennsylvania, Ms. DelBene, 
 Mr. Garcia of Illinois, Mr. Menendez, Ms. Ross, Ms. Salinas, Ms. 
 Sanchez, Ms. Scanlon, Mr. Soto, Mr. Suozzi, Ms. McCollum, Mr. Levin, 
 and Mr. Goldman of New York) 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:
 ``
            (v) 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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