,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hgjh ,,in ,,the ,,house ,,of ,,representatives ,october #cj1 #bjbj,ms4 ,escobar 7for herself1 ,mr4 ,woodall1 and ,mr4 ,soto7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to promote family unity1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,families ,united ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the rights and interests of ,u4,s4 citizens should be protected by our ,nation's immigration laws4 7#b7 ,it is the intent of ,congress to provide the ,attorney ,general and ,secretary of ,homeland ,security with the limited ability to exercise their discretion in favor of the spouses1 children1 and parents of ,american citizens in immigration proceedings1 on a case-by-case basis1 to ensure fairness and prevent hardships associated with family separation4 #c4 ,rule of construction ,nothing in this ,act shall be construed to provide the ,attorney ,general or the ,secretary of ,homeland ,security with the ability to exercise the discretionary authority provided in this ,act1 except on a case-by-case basis4 #d ,definition of conviction 7#a7 ,in general ,section #aja7;a77#dh7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dh77 is amended by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 ,the term conviction means1 with respect to an alien1 a final1 formal judgment of guilt entered by a court4 ,a ,state or ,federal court adjudication or judgment of guilt that has been withheld1 deferred1 expunged1 annulled1 invalidated1 or vacated2 an order of probation without entry of judgment2 or any similar disposition under ,state or ,federal law shall not be considered a conviction for purposes of the immigration laws4 7,b7 ,a pardon entered by a ,state or ,federal authority shall render the underlying conviction null and void for purposes of the immigration laws4 7,c7 ,any reference to a term of imprisonment or sentence with respect to an offense is deemed to include only the actual period of incarceration or confinement ordered by a court of law4 ,the suspension of the imposition or execution of a term of imprisonment or sentence in whole or in part shall not be included as a part of the sentence for purposes of the immigration laws4 4 7#b7 ,effective date and application ,the amendments made by paragraph 7#a7 shall take effect on the date of the enactment of this ,act and shall apply to convictions and sentences entered before1 on1 or after the date of the enactment of this ,act4 #e4 ,discretionary authority with respect to removal1 deportation1 ineligibility or inadmissibility of citizen family members 7a7 ,applications for relief from removal ,section #bdj7;c77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#d77 is amended by adding at the end the following3 7,d7 ,judicial discretion 7i7 ,in general ,in the case of an alien subject to removal1 deportation1 or exclusion proceedings1 the ,attorney ,general may1 for reasons described in clause 7ii7-- 7,i7 decline to order such alien removed1 deported1 or excluded from the ,united ,states2 7,,ii7 terminate such removal1 deportation1 or exclusion proceedings2 and 7,,iii7 grant such alien permission to reapply for admission to the ,united ,states or any other application for relief from removal4 7ii7 ,limitation on discretion ,the ,attorney ,general may exercise the discretion described in clause 7i7-- 7,i7 for humanitarian purposes2 or 7,,ii7 to preserve family unity in the ,united ,states if the alien is-- 7aa7 the spouse of a ,united ,states citizen2 or 7bb7 the parent of a ,united ,states citizen child and such child's other parent is a ,united ,states citizen or was a ,united ,states citizen at the time of such other parent's death4 7iii7 ,exclusions ,this subparagraph shall not apply to an alien whom the ,attorney ,general determines-- 7,i7 is inadmissible or deportable under-- 7aa7 subparagraph 7,b71 7,c71 7,d77ii71 7,e71 7,h71 or 7,i7 of section #bab7;a77#b72 7bb7 section #bab7;a77#c72 7cc7 subparagraph 7,a71 7,c71 or 7,d7 of section #bab7;a77#aj72 or 7dd7 paragraph 7#b77;,a77ii71 7#b77;,a77v71 7#b77;,f71 7#d71 or 7#f7 of section #bcg7;a72 or 7,,ii7 has-- 7aa7 been convicted of conduct described in paragraph 7#h71 7#aa71 or 7#ab7 of section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb72 or 7bb7 a felony conviction described in section #aja7;a77#dc7 that would have been classified as an aggravated felony at the time of conviction4 4 7b7 ,secretary's discretion ,section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended-- 7#a7 by redesignating the second subsection 7t7 as subsection 7u72 and 7#b7 by adding at the end the following3 7v7 ,secretary's discretion 7#a7 ,in general ,in the case of an alien who is inadmissible under subsection 7a71 deportable under section #bcg1 or ineligible for any immigration benefit or relief under the immigration laws1 the ,secretary of ,homeland ,security may1 for reasons described in paragraph 7#b7-- 7,a7 and subject to paragraph 7#c71 waive one or more grounds of inadmissibility or deportability2 7,b7 decline to issue a notice to appear requiring such an alien to appear in a removal proceeding2 7,c7 decline to reinstate an order of removal under section #bda7;a77#e72 and 7,d7 grant such an alien permission to reapply for admission to the ,united ,states or any other application for immigration benefits4 7#b7 ,limitation on discretion ,the ,secretary of ,homeland ,security may exercise the discretion described in clause 7i7-- 7,a7 for humanitarian purposes2 or 7,b7 to preserve family unity in the ,united ,states if the alien is-- 7i7 the spouse of a ,united ,states citizen2 or 7ii7 the parent of a ,united ,states citizen child and such child's other parent is a ,united ,states citizen or was a ,united ,states citizen at the time of such other parent's death4 7#c7 ,this subsection shall not apply to an alien whom the ,secretary determines-- 7,a7 is inadmissible or deportable under-- 7i7 subparagraph 7,b71 7,c71 7,d77ii71 7,e71 7,h71 or 7,i7 of subsection 7a77#b72 7ii7 subsection 7a77#c72 7iii7 subparagraph 7,a71 7,c71 or 7,d7 of subsection 7a77#aj72 or 7iv7 paragraph 7#b77;,a77ii71 7#b77;,a77v71 7#b77;,f71 or 7#f7 of section #bcg7;a72 or 7,b7 has-- 7i7 been convicted of conduct described in paragraph 7#h71 7#aa71 or 7#ab7 of section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb72 or 7ii7 a felony conviction described in section #aja7;a77#dc7 that would have been classified as an aggravated felony at the time of conviction2 4