H.R.2366 - American Families United Act (119th Congress)
Summary
H.R.2366, the American Families United Act, proposes amendments to the Immigration and Nationality Act to promote family unity. The bill grants discretionary authority to the Secretary of Homeland Security and the Attorney General to provide relief from removal for certain immigrants who are family members of U.S. citizens. This includes the ability to waive grounds of inadmissibility or deportability, decline to issue notices to appear, and grant permission to reapply for admission.
Expected Effects
The bill, if enacted, would likely result in fewer deportations of immigrants who are spouses or children of U.S. citizens. It would also provide a pathway for some previously deported individuals to return to the United States. The Act also allows for motions to reopen or reconsider denied petitions if the Act would have resulted in a different outcome.
Potential Benefits
- Strengthened Family Unity: Prevents separation of families with U.S. citizen members.
- Discretionary Relief: Provides avenues for relief from removal based on individual hardship cases.
- Fairness: Allows for reconsideration of past cases based on the new discretionary authority.
- Humanitarian Considerations: Addresses hardship cases, especially those involving widows and orphans of U.S. citizens.
- Reduced Backlog: By declining to issue notices to appear in some cases, the bill could reduce the burden on immigration courts.
Potential Disadvantages
- Potential for Abuse: Discretionary authority could be subject to inconsistent application or abuse.
- Increased Immigration: May lead to an increase in immigration, which could strain resources.
- Security Concerns: Loosening restrictions could potentially allow individuals who pose a security risk to remain in the country, although exclusions are listed in the bill.
- Moral Hazard: Some may view the discretionary waivers as encouraging unlawful immigration.
- Litigation: The scope and application of "hardship" could lead to increased litigation.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is complex. While the Constitution grants Congress the power to establish rules for naturalization (Article I, Section 8), the extent of executive discretion in immigration matters is often debated. The bill does not appear to violate any specific constitutional provision, but its implementation could raise due process concerns if discretion is not exercised fairly and consistently. The bill's focus on family unity could be seen as promoting the general welfare, one of the Constitution's stated goals.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).