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H.R. 2366: American Families United Act

The American Families United Act aims to amend the Immigration and Nationality Act to enhance family unity, particularly for the family members of United States citizens. Here’s a simplified summary of its main provisions:

Short Title

The bill is referred to as the American Families United Act.

Discretionary Authority

The bill gives the Secretary of Homeland Security and the Attorney General new discretionary powers concerning family members of U.S. citizens. They can decide on a case-by-case basis whether to:

Terminate removal proceedings against an alien (non-citizen).
Decline to remove an alien from the U.S.
Allow an alien to reapply for admission into the U.S.
Waive certain grounds for inadmissibility or deportability related to a request for relief from removal.

Eligibility Criteria

To use this discretionary authority, the Attorney General or Secretary must determine that:

Removing the individual would cause hardship to their U.S. citizen spouse, parent, or child. There is an assumption that separation from family constitutes hardship.
If the U.S. citizen has passed away, the discretion also applies to their widow or children, provided they are not legally separated from the deceased at the time of death.

Secretary's Discretion

The bill also stipulates that the Secretary of Homeland Security may waive certain grounds of inadmissibility or deportability for spouses and children of U.S. citizens under similar circumstances as stated above, subject to specific exclusions.

Motions to Reopen or Reconsider

Under the proposed law, if an alien has previously had their petition, application, or order of removal denied, they may file a motion to reopen or reconsider their case within two years from the bill's enactment. This could be granted if the new provisions would have favorably impacted their case.

Filing Requirement

The motion to reopen must generally be filed no later than two years after the enactment of this Act, unless extraordinary circumstances prevented filing within this timeframe.

Exclusions

The discretionary powers granted to the Secretary and Attorney General do not apply to individuals deemed inadmissible or deportable due to certain serious violations of immigration law.