American Families United Act

Today's wording of each part of the law, with what would be struck out and added. Each change also gives the bill's own instruction, word for word.

1. 8 U.S.C. 1229a(c)(4)added (D)by H.R. 2366 Sec. 3(a)

   (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).

   The bill says: 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:

   Bill text · Current law (8 U.S.C. 1229a)

2. 8 U.S.C. 1182renumberedby H.R. 2366 Sec. 3(b)

   The bill says: by redesignating the second subsection (t) as subsection (u); and

   Bill text · Current law (8 U.S.C. 1182)

3. 8 U.S.C. 1182added (v)by H.R. 2366 Sec. 3(b)

   (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).

   The bill says: by adding at the end the following:

   Bill text · Current law (8 U.S.C. 1182)

From the bill's official text on GovInfo and the U.S. Code, 2024 edition, which may not yet show changes made since.