H.R. 2366 — American Families United Act

This section states a rule of construction providing that nothing in this Act shall be construed (1) to authorize the Secretary of Homeland Security or Attorney General to exercise 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 their discretionary authority under the immigration laws.

This section establishes discretionary authority for the Attorney General and Secretary of Homeland Security to provide relief from removal, inadmissibility, or deportability for aliens who are spouses or children of U.S. citizens. Specifically, (1) it amends INA §240(c)(4) (8 U.S.C. 1229a(c)(4)) to authorize the Attorney General, in removal proceedings, to terminate proceedings, decline to order removal, grant permission to reapply for admission, or waive grounds of inadmissibility or deportability if removal or denial of relief would result in hardship to the alien's U.S. citizen spouse, parent, or child (with a presumption that family separation constitutes hardship); provides comparable authority for widows or surviving children of deceased U.S. citizens if sought within two years of death or due to extraordinary circumstances; and excludes aliens inadmissible under INA §212(a)(2) or (3) (crimes or controlled substances) or §212(a)(10)(A), (C), or (D) (certain unlawful presence or misrepresentation) or deportable under INA §237(a)(2) (crimes), (4) (security), or (6) (illegal entrants). (2) It amends INA §212 (8 U.S.C. 1182) to authorize the Secretary, for such aliens, to waive grounds of inadmissibility or deportability, decline to issue a notice to appear or reinstate a removal order, or grant permission to reapply for admission or other immigration benefits under the same hardship standard, presumptions, time limits, and exclusions. (Thus, these authorities expand options for family unity absent serious criminal or security concerns, which generally bar relief under the INA.)

This section authorizes the granting of motions to reopen or reconsider the denial of a petition or application or an order of removal for an alien if such petition, application, or order would have been adjudicated in the alien's favor had this Act or an amendment made by this Act been in effect at the time of the denial or order. Such motions must be filed no later than two years after the date of enactment, unless the alien demonstrates extraordinary circumstances preventing timely filing to the satisfaction of the Secretary of Homeland Security or Attorney General, as appropriate.