Fairness for Immigrant Families Act

II 117TH CONGRESS 1ST SESSION S. 1638 To protect immigrant families, combat fraud, promote citizenship, and build community trust, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 13, 2021 Ms. CORTEZ MASTO introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect immigrant families, combat fraud, promote citi- zenship, and build community trust, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Fairness for Immigrant Families Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—PROTECTING IMMIGRANT FAMILIES VerDate Sep 11 2014 03:02 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S1638.IS S1638 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1638 IS Subtitle A—Expansion of Admissibility Sec. 101. Promoting family unity. Sec. 102. Extension of the application period for certain aliens present in the United States for adjustment of status. Subtitle B—Relief From Removal Sec. 111. Individuals previously removed. Sec. 112. Expansion of cancellation of removal. Sec. 113. Prohibition on removal of aliens with pending applications. Sec. 114. Motions to reopen in cases involving fraud, negligence, misrepresenta- tion, extortion, and unauthorized practice of law. Subtitle C—Provisions Relating to Removal of Parents of United States Citizens Sec. 121. Review of and reporting on removal of parents of United States citi- zens. Sec. 122. Report on enforcement actions against parents of United States citi- zens and DACA recipients. Sec. 123. Report on United States citizens mistakenly detained or deported. Sec. 124. Protections for United States citizen children abroad. TITLE II—COMBATING FRAUD AND PROMOTING CITIZENSHIP Sec. 201. Combating immigration services fraud. Sec. 202. Requirements for immigration consultants. Sec. 203. Fee and backlog transparency. Sec. 204. National Office for New Americans. TITLE III—BUILDING COMMUNITY TRUST Sec. 301. Protecting aliens who are victims of or witnesses to crimes or are de- fending civil rights. Sec. 302. Semiannual report on certain enforcement actions. Sec. 303. Rule of construction. SEC. 2. FINDINGS. 1 Congress makes the following findings: 2 (1) Immigration plays a defining role in the 3 identity of the United States. Families throughout 4 the United States have roots in the immigration ex- 5 perience of earlier generations of immigrants who 6 came to the United States seeking better opportuni- 7 ties, safety from persecution, and ultimately, a 8 chance at the American dream. 9 VerDate Sep 11 2014 03:02 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1638.IS S1638 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1638 IS (2) While the ancestors of some families arrived 1 centuries ago, other families are continuing that tra- 2 dition today. Approximately 38,000,000 second-gen- 3 eration Americans are living in the United States. 4 As of 2019, 17,800,000 children in the United 5 States, or 26 percent, lived with 1 or more immi- 6 grant parents. Just over 1 in 4 residents of the 7 United States is an immigrant or the child of immi- 8 grants. 9 (3) In the United States— 10 (A) 16,700,000 individuals live in a house- 11 hold with 1 or more family members who are 12 not authorized to be in the United States; 13 (B) 5,900,000 United States citizen chil- 14 dren live in a household with 1 or more family 15 members who are not authorized to be in the 16 United States; and 17 (C) 8,000,000 United States citizens live 18 in a household with 1 or more family members 19 who are not authorized to be in the United 20 States. 21 (4) Children of immigrants are the future work- 22 ers, leaders, voters, parents, and taxpayers of the 23 United States and are critical to the health and well- 24 being of the United States. 25 VerDate Sep 11 2014 03:02 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1638.IS S1638 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1638 IS (5) Second-generation Americans closely reflect 1 or exceed the national average household income, 2 homeownership rate, and college graduation rate. 3 (6) In their pursuit of the American dream, 4 generations of immigrant families have contributed 5 to their communities in the United States and will 6 continue to do so, including as essential workers who 7 keep the United States running at great risk to 8 themselves and their families. 9 (7) Immigrants play a critical role in the 10 United States economy, and providing a path to citi- 11 zenship for undocumented immigrants is a necessary 12 part of maintaining the economic strength of the 13 United States. 14 (8) Immigrant entrepreneurs account for al- 15 most 30 percent of all new entrepreneurs in the 16 United States, and immigrants are almost twice as 17 likely as the United States-born population to be- 18 come entrepreneurs. 19 (9) Undocumented immigrants contribute over 20 $11,000,000,000 in State and local taxes each year. 21 (10) Removing undocumented residents from 22 mixed-status households cuts the median income of 23 such households by 47 percent. 24 VerDate Sep 11 2014 03:02 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1638.IS S1638 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 1638 IS (11) Approximately 1,200,000 mortgages are 1 held by households with 1 or more undocumented in- 2 dividuals. 3 (12) Indiscriminate immigration enforcement 4 and the threat of immigration enforcement nega- 5 tively impact the health, development, and well-being 6 of children at risk of separation from a loved one 7 due to detention or removal from the United States. 8 Neurobiological research demonstrates the acute and 9 lasting trauma that family separation, and the 10 threat of separation, causes in children, such as 11 changes in the architecture of the brain and in- 12 creased likelihood to experience emotional and be- 13 havioral issues, depression, anxiety, post-traumatic 14 stress disorder, and suicidal ideation. 15 SEC. 3. DEFINITIONS. 16 In this Act: 17 (1) IN GENERAL.—Except as otherwise specifi- 18 cally provided, any term used in this Act that is 19 used in the immigration laws shall have the meaning 20 given the term in the immigration laws. 21 (2) DACA RECIPIENT.—The term ‘‘DACA re- 22 cipient’’ means an alien who has been granted de- 23 ferred action pursuant to the memorandum of the 24 Department of Homeland Security entitled ‘‘Exer- 25 VerDate Sep 11 2014 03:02 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1638.IS S1638 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 1638 IS cising Prosecutorial Discretion with Respect to Indi- 1 viduals Who Came to the United States as Chil- 2 dren’’ issued on June 15, 2012. 3 (3) IMMIGRATION LAWS.—The term ‘‘immigra- 4 tion laws’’ has the meaning given the term in section 5 101(a) of the Immigration and Nationality Act (8 6 U.S.C. 1101(a)). 7 TITLE I—PROTECTING 8 IMMIGRANT FAMILIES 9 Subtitle A—Expansion of 10 Admissibility 11 SEC. 101. PROMOTING FAMILY UNITY. 12 (a) ELIMINATION OF 3-YEAR AND 10-YEAR BARS 13 AND MODIFICATION OF PERMANENT BAR.—Section 14 212(a)(9) of the Immigration and Nationality Act (8 15 U.S.C. 1182(a)(9)) is amended— 16 (1) by striking subparagraph (B); 17 (2) by redesignating subparagraph (C) as sub- 18 paragraph (B); and 19 (3) in subparagraph (B), as so redesignated— 20 (A) by amending clause (i) to read as fol- 21 lows: 22 ‘‘(i) IN GENERAL.—Any alien who 23 knows he or she has received a final order 24 of removal under section 240, and who en- 25 VerDate Sep 11 2014 03:02 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1638.IS S1638 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 1638 IS ters or attempts to reenter the United 1 States without being admitted, is inadmis- 2 sible.’’; 3 (B) by amending clause (ii) to read as fol- 4 lows: 5 ‘‘(ii) EXCEPTIONS.— 6 ‘‘(I) CONSENT TO REAPPLICA- 7 TION FOR ADMISSION.—Clause (i) 8 shall not apply to an alien seeking ad- 9 mission on a date that is more than 3 10 years after the date on which the alien 11 last departed the United States if, be- 12 fore the reembarkation of the alien at 13 a place outside the United States or 14 the attempt by the alien to be re- 15 admitted from a foreign contiguous 16 territory, the Secretary of Homeland 17 Security has consented to a reapplica- 18 tion for admission by the alien. 19 ‘‘(II) MINORS.—Clause (i) shall 20 not apply to an alien who is under 18 21 years of age. 22 ‘‘(III) ASYLEES.—Clause (i) shall 23 not apply to an alien who has a bona 24 VerDate Sep 11 2014 03:02 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1638.IS S1638 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 1638 IS fide application for asylum pending 1 under section 208. 2 ‘‘(IV) FAMILY UNITY.—Clause (i) 3 shall not apply to an alien who is a 4 beneficiary of family unity protection 5 pursuant to section 301 of the Immi- 6 gration Act of 1990 (8 U.S.C. 1255a 7 note). 8 ‘‘(V) VICTIMS OF A SEVERE 9 FORM OF TRAFFICKING IN PER- 10 SONS.—Clause (i) shall not apply to 11 an alien who demonstrates that 1 or 12 more severe forms of trafficking in 13 persons (as defined in section 103 of 14 the Trafficking Victims Protection Act 15 of 2000 (22 U.S.C. 7102)) was a cen- 16 tral reason for the unlawful presence 17 of the alien in the United States. 18 ‘‘(VI) ALIENS WHO ENTERED AS 19 CHILDREN.—Clause (i) shall not apply 20 to an alien who— 21 ‘‘(aa) is the beneficiary of 22 an approved petition under sec- 23 tion 101(a)(15)(H); 24 VerDate Sep 11 2014 03:02 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1638.IS S1638 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 1638 IS ‘‘(bb)(AA) is in school, has 1 graduated from high school, has 2 obtained a general education de- 3 velopment certificate recognized 4 under State law or a high school 5 equivalency diploma; or 6 ‘‘(BB) is serving in the 7 armed forces (as defined in sec- 8 tion 101(a) of title 10, United 9 States Code) or is an honorably 10 discharged veteran of the armed 11 forces; and 12 ‘‘(cc) had not yet reached 13 the age of 16 years on the date 14 on which the alien initially en- 15 tered the United States.’’; and 16 (C) in clause (iii)— 17 (i) by striking the clause designation 18 and heading and all that follows through 19 ‘‘Security’’ and insert the following: 20 ‘‘(iii) WAIVERS.— 21 ‘‘(I) VAWA SELF-PETI- 22 TIONERS.—The Attorney General or 23 the Secretary of Homeland Security, 24 as applicable,’’; and 25 VerDate Sep 11 2014 03:02 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1638.IS S1638 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 1638 IS (ii) by adding at the end the fol- 1 lowing: 2 ‘‘(II) EXTREME HARDSHIP.—The 3 Attorney General or the Secretary of 4 Homeland Security may, in the discre- 5 tion of the Attorney General or the 6 Secretary, waive clause (i) in the case 7 of an alien who is the parent, spouse, 8 or son or daughter of a United States 9 citizen or of an alien lawfully admit- 10 ted for permanent residence if it is es- 11 tablished to the satisfaction of the At- 12 torney General or the Secretary that a 13 denial of admission to the alien would 14 result in extreme hardship to the 15 United States citizen or lawfully ad- 16 mitted permanent resident son or 17 daughter, spouse, or parent of the 18 alien.’’. 19 (b) MISREPRESENTATION OF CITIZENSHIP.—The 20 Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 21 is amended— 22 (1) in section 212 (8 U.S.C. 1182)— 23 (A) in subsection (a)(6)(C)— 24 VerDate Sep 11 2014 03:02 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1638.IS S1638 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 1638 IS (i) by amending clause (ii) to read as 1 follows: 2 ‘‘(ii) MISREPRESENTATION OF CITI- 3 ZENSHIP.— 4 ‘‘(I) IN GENERAL.—Any alien 5 who knowingly and willfully misrepre- 6 sents, or has knowingly and willfully 7 misrepresented, himself or herself to 8 be a citizen of the United States for 9 any purpose or benefit under this Act 10 (including section 274A) or any Fed- 11 eral or State law is inadmissible. 12 ‘‘(II) EXCEPTION.—In the case 13 of an alien who was under the age of 14 21 years at the time of making a mis- 15 representation described in subclause 16 (I), the alien shall not be considered 17 to be inadmissible under any provision 18 of this subsection based on such mis- 19 representation.’’; and 20 (ii) in clause (iii), by striking ‘‘of 21 clause (i)’’; and 22 (B) by amending subsection (i)(1) to read 23 as follows: 24 VerDate Sep 11 2014 03:02 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1638.IS S1638 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 1638 IS ‘‘(i)(1) The Attorney General or the Secretary of 1 Homeland Security may, in the discretion of the Attorney 2 General or the Secretary, waive the application of sub- 3 section (a)(6)(C) in the case of an alien who is the parent, 4 spouse, son or daughter of a United States citizen or of 5 an alien lawfully admitted for permanent residence and 6 in the case of an alien who is an alien granted classifica- 7 tion under clause (iii) or (iv) of section 204(a)(1)(A), if 8 it is established to the satisfaction of the Attorney General 9 or the Secretary that the admission to the United States 10 of such alien would not be contrary to the national welfare, 11 safety, or security of the United States.’’; and 12 (2) by amending section 237(a)(3)(D) (8 13 U.S.C. 1227(a)(3)(D)) to read as follows: 14 ‘‘(D) MISREPRESENTATION OF CITIZEN- 15 SHIP.— 16 ‘‘(i) IN GENERAL.—Any alien who 17 knowingly and willfully misrepresents, or 18 has knowingly and willfully misrepresented, 19 himself or herself to be a citizen of the 20 United States for any purpose or benefit 21 under this Act (including section 274A) or 22 any Federal or State law is deportable. 23 ‘‘(ii) EXCEPTION.—In the case of an 24 alien who was under the age of 21 years 25 VerDate Sep 11 2014 03:02 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1638.IS S1638 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 1638 IS at the time of making a misrepresentation 1 described in clause (i), the alien shall not 2 be considered to be deportable under any 3 provision of this subsection based on such 4 misrepresentation.’’. 5 (c) CONFORMING AMENDMENTS.— 6 (1) Section 214(q) of the Immigration and Na- 7 tionality Act (8 [Text truncated for display. 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