Federal

Fairness for Immigrant Families Act

Source: Congress.gov · 15,404 words in original text

What This Bill Does

This bill aims to protect immigrant families by removing certain barriers to legal status, combat immigration fraud, and promote citizenship. It creates new rules around family separation during deportation, adds penalties for immigration fraud, and establishes offices to help immigrants become citizens and report on enforcement actions against immigrant parents. ##

Who It Affects

- Immigrants without legal status who have U.S. citizen or permanent resident family members - U.S. citizen children whose immigrant parents are deported - DACA recipients (people granted temporary protection from deportation under a 2012 policy) - Immigration attorneys and consultants - States and local governments - Federal agencies handling immigration cases - Victims of immigration fraud ##

Key Provisions

- Eliminates certain waiting periods that prevented immigrants from re-entering the U.S. after deportation, with exceptions for minors and asylum applicants (Sec. 101) - Reduces from 10 years to 7 years the continuous residence requirement for certain deportation relief (Sec. 112) - Prohibits removing immigrants while applications for relief are pending, including asylum and cancellation of removal applications (Sec. 113) - Requires the Director of U.S. Immigration and Customs Enforcement to personally review and approve removals of parents of U.S. citizen children before those removals can happen (Sec. 121) - Makes it a federal crime punishable by up to 10 years in prison to knowingly provide fraudulent immigration services (Sec. 201) - Requires immigration consultants to clearly disclose they are not attorneys and cannot provide legal advice, provide clients written contracts, and not charge fees before services are rendered (Sec. 202) - Establishes a National Office for New Americans within the President's office to coordinate support for immigrant and refugee integration and citizenship (Sec. 204) ##

What Changes

If this bill becomes law: **For immigrants:** Those previously deported could potentially re-enter without waiting certain periods. Immigrants with pending applications cannot be removed while those applications are being decided. Family members of U.S. citizens have more opportunities to remain in the country. **For enforcement:** Immigration and Customs Enforcement leadership must personally approve removals of parents of U.S. citizen children. The agency must submit quarterly reports to Congress about removals, arrests, and detentions of immigrant parents and DACA recipients. **For fraud prevention:** Providing fraudulent immigration services becomes a serious federal crime. Immigration consultants must provide written contracts, disclose their non-attorney status in all advertising, and cannot charge upfront fees. **For citizenship:** A new federal office will coordinate efforts to help immigrants learn English, find jobs, and become citizens. Federal agencies must promote citizenship among immigrants. **For reporting:** The government must report on U.S. citizens detained or deported, U.S. citizen children who leave the country with deported parents, and processing times for immigration applications. ##

Important Definitions

- **DACA recipient:** A person granted temporary protection from deportation under a June 15, 2012 Department of Homeland Security policy for people who came to the U.S. as children - **Immigration consultant:** A person who provides assistance or advice for immigration applications or proceedings, but is not an immigration attorney or authorized representative - **Immigration consumer fraud:** Schemes to defraud people or obtain money through false or fraudulent promises related to immigration matters - **Personally identifiable information:** Any information that can identify an individual, such as name, address, Social Security number, birth date, medical records, financial records, or employment information ##

Effective Date

Not specified in bill text

II 118TH CONGRESS 1ST SESSION S. 819 To protect immigrant families, combat fraud, promote citizenship, and build community trust, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 15, 2023 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 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S819.IS S819 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 819 IS Subtitle A—Expansion of Admissibility Sec. 101. Promoting family unity. Sec. 102. Extension of the application period for certain aliens present in the United States for adjustment of status. Subtitle B—Relief From Removal Sec. 111. Individuals previously removed. Sec. 112. Expansion of cancellation of removal. Sec. 113. Prohibition on removal of aliens with pending applications. Sec. 114. Motions to reopen in cases involving fraud, negligence, misrepresenta- tion, extortion, and unauthorized practice of law. Subtitle C—Provisions Relating to Removal of Parents of United States Citizens Sec. 121. Review of and reporting on removal of parents of United States citi- zens. Sec. 122. Report on enforcement actions against parents of United States citi- zens and DACA recipients. Sec. 123. Report on United States citizens detained or deported. Sec. 124. Protections for United States citizen children abroad. TITLE II—COMBATING FRAUD AND PROMOTING CITIZENSHIP Sec. 201. Combating immigration services fraud. Sec. 202. Requirements for immigration consultants. Sec. 203. Fee and backlog transparency. Sec. 204. National Office for New Americans. TITLE III—BUILDING COMMUNITY TRUST Sec. 301. Protecting aliens who are victims of or witnesses to crimes or are de- fending civil rights. Sec. 302. Semiannual report on certain enforcement actions. Sec. 303. Rule of construction. SEC. 2. FINDINGS. 1 Congress makes the following findings: 2 (1) Immigration plays a defining role in the 3 identity of the United States. Families throughout 4 the United States have roots in the immigration ex- 5 perience of earlier generations of immigrants who 6 came to the United States seeking better opportuni- 7 ties, safety from persecution, and ultimately, a 8 chance at the American dream. 9 VerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 819 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 2020, 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. As of 2020, immigrants account for 13.7 9 percent of the United States population. 10 (3) In the United States— 11 (A) 16,700,000 individuals live in a house- 12 hold with 1 or more family members who are 13 not authorized to be in the United States; 14 (B) 5,900,000 United States citizen chil- 15 dren live in a household with 1 or more family 16 members who are not authorized to be in the 17 United States; and 18 (C) 8,000,000 United States citizens live 19 in a household with 1 or more family members 20 who are not authorized to be in the United 21 States. 22 (4) Children of immigrants are the future work- 23 ers, leaders, voters, parents, and taxpayers of the 24 VerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 819 IS United States and are critical to the health and well- 1 being of the United States. 2 (5) Second-generation Americans closely reflect 3 or exceed the national average household income, 4 homeownership rate, and college graduation rate. 5 (6) In their pursuit of the American dream, 6 generations of immigrant families have contributed 7 to their communities in the United States and will 8 continue to do so, including as essential workers who 9 keep the United States running at great risk to 10 themselves and their families. 11 (7) Immigrants play a critical role in the 12 United States economy, and providing a path to citi- 13 zenship for undocumented immigrants is a necessary 14 part of maintaining the economic strength of the 15 United States. 16 (8) Immigrant entrepreneurs account for al- 17 most 30 percent of all new entrepreneurs in the 18 United States, and immigrants are almost twice as 19 likely as the United States-born population to be- 20 come entrepreneurs. 21 (9) Undocumented immigrants contribute over 22 $11,000,000,000 in State and local taxes each year. 23 VerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 819 IS (10) Removing undocumented residents from 1 mixed-status households cuts the median income of 2 such households by 47 percent. 3 (11) Removing all undocumented workers from 4 the workforce would reduce cumulative gross domes- 5 tic product over 10 years by $4,700,000,000,000. 6 (12) Approximately 1,200,000 mortgages are 7 held by households with 1 or more undocumented in- 8 dividuals. 9 (13) Indiscriminate immigration enforcement 10 and the threat of immigration enforcement nega- 11 tively impact the health, development, and well-being 12 of children at risk of separation from a loved one 13 due to detention or removal from the United States. 14 Neurobiological research demonstrates the acute and 15 lasting trauma that family separation, and the 16 threat of separation, causes in children, such as 17 changes in the architecture of the brain and in- 18 creased likelihood to experience emotional and be- 19 havioral issues, depression, anxiety, post-traumatic 20 stress disorder, and suicidal ideation. 21 SEC. 3. DEFINITIONS. 22 In this Act: 23 (1) IN GENERAL.—Except as otherwise specifi- 24 cally provided, any term used in this Act that is 25 VerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 819 IS used in the immigration laws shall have the meaning 1 given the term in the immigration laws. 2 (2) DACA RECIPIENT.—The term ‘‘DACA re- 3 cipient’’ means an alien who has been granted de- 4 ferred action pursuant to the memorandum of the 5 Department of Homeland Security entitled ‘‘Exer- 6 cising Prosecutorial Discretion with Respect to Indi- 7 viduals Who Came to the United States as Chil- 8 dren’’ issued on June 15, 2012. 9 (3) IMMIGRATION LAWS.—The term ‘‘immigra- 10 tion laws’’ has the meaning given the term in section 11 101(a) of the Immigration and Nationality Act (8 12 U.S.C. 1101(a)). 13 TITLE I—PROTECTING 14 IMMIGRANT FAMILIES 15 Subtitle A—Expansion of 16 Admissibility 17 SEC. 101. PROMOTING FAMILY UNITY. 18 (a) ELIMINATION OF 3-YEAR AND 10-YEAR BARS 19 AND MODIFICATION OF PERMANENT BAR.—Section 20 212(a)(9) of the Immigration and Nationality Act (8 21 U.S.C. 1182(a)(9)) is amended— 22 (1) by striking subparagraph (B); 23 (2) by redesignating subparagraph (C) as sub- 24 paragraph (B); and 25 VerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 819 IS (3) in subparagraph (B), as so redesignated— 1 (A) by amending clause (i) to read as fol- 2 lows: 3 ‘‘(i) IN GENERAL.—Any alien who 4 knows he or she has received a final order 5 of removal under section 240, and who en- 6 ters or attempts to reenter the United 7 States without being admitted, is inadmis- 8 sible.’’; 9 (B) by amending clause (ii) to read as fol- 10 lows: 11 ‘‘(ii) EXCEPTIONS.— 12 ‘‘(I) CONSENT TO REAPPLICA- 13 TION FOR ADMISSION.—Clause (i) 14 shall not apply to an alien seeking ad- 15 mission on a date that is more than 3 16 years after the date on which the alien 17 last departed the United States if the 18 Secretary of Homeland Security has 19 consented to a reapplication for ad- 20 mission by the alien. 21 ‘‘(II) MINORS.—Clause (i) shall 22 not apply to an alien who is under 21 23 years of age. 24 VerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 819 IS ‘‘(III) ASYLEES.—Clause (i) shall 1 not apply to an alien who has a bona 2 fide application for asylum pending 3 under section 208 or a bona fide ap- 4 plication for withholding of removal 5 under section 241(b)(3). 6 ‘‘(IV) FAMILY UNITY.—Clause (i) 7 shall not apply to an alien who is a 8 beneficiary of family unity protection 9 pursuant to section 301 of the Immi- 10 gration Act of 1990 (8 U.S.C. 1255a 11 note). 12 ‘‘(V) VICTIMS OF A SEVERE 13 FORM OF TRAFFICKING IN PER- 14 SONS.—Clause (i) shall not apply to 15 an alien who demonstrates that 1 or 16 more severe forms of trafficking in 17 persons (as defined in section 103 of 18 the Trafficking Victims Protection Act 19 of 2000 (22 U.S.C. 7102)) was a cen- 20 tral reason for the unlawful presence 21 of the alien in the United States. 22 ‘‘(VI) ALIENS WHO ENTERED AS 23 CHILDREN.—Clause (i) shall not apply 24 to an alien who— 25 VerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 819 IS ‘‘(aa) is the beneficiary of 1 an approved petition under sec- 2 tion 101(a)(15)(H); 3 ‘‘(bb)(AA) is in school, has 4 graduated from high school, has 5 obtained a general education de- 6 velopment certificate recognized 7 under State law or a high school 8 equivalency diploma; or 9 ‘‘(BB) is serving in the 10 armed forces (as defined in sec- 11 tion 101(a) of title 10, United 12 States Code) or is an honorably 13 discharged veteran of the armed 14 forces; and 15 ‘‘(cc) had not yet reached 16 the age of 16 years on the date 17 on which the alien initially en- 18 tered the United States.’’; and 19 (C) in clause (iii)— 20 (i) by redesignating subclauses (I) and 21 (II) as items (aa) and (bb), respectively, 22 and moving such items, as redesignated, 2 23 ems to the right; 24 VerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 819 IS (ii) by striking the clause designation 1 and heading and all that follows through 2 ‘‘Security’’ and insert the following: 3 ‘‘(iii) WAIVERS.— 4 ‘‘(I) VAWA SELF-PETI- 5 TIONERS.—The Attorney General or 6 the Secretary of Homeland Security, 7 as applicable,’’; and 8 (iii) by adding at the end the fol- 9 lowing: 10 ‘‘(II) EXTREME HARDSHIP.—The 11 Attorney General or the Secretary of 12 Homeland Security may, in the discre- 13 tion of the Attorney General or the 14 Secretary, waive clause (i) in the case 15 of an alien who is the parent, spouse, 16 or son or daughter of a United States 17 citizen or of an alien lawfully admit- 18 ted for permanent residence if it is es- 19 tablished to the satisfaction of the At- 20 torney General or the Secretary that a 21 denial of admission to the alien would 22 result in extreme hardship to the 23 United States citizen or lawfully ad- 24 mitted permanent resident son or 25 VerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 819 IS daughter, spouse, or parent of the 1 alien.’’. 2 (b) MISREPRESENTATION OF CITIZENSHIP.—The 3 Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 4 is amended— 5 (1) in section 212 (8 U.S.C. 1182)— 6 (A) in subsection (a)(6)(C)— 7 (i) by amending clause (ii) to read as 8 follows: 9 ‘‘(ii) MISREPRESENTATION OF CITI- 10 ZENSHIP.— 11 ‘‘(I) IN GENERAL.—Any alien 12 who knowingly and willfully misrepre- 13 sents, or has knowingly and willfully 14 misrepresented, himself or herself to 15 be a citizen of the United States for 16 any purpose or benefit under this Act 17 (including section 274A) or any Fed- 18 eral or State law is inadmissible. 19 ‘‘(II) EXCEPTION.—In the case 20 of an alien who was under the age of 21 21 years at the time of making a mis- 22 representation described in subclause 23 (I), the alien shall not be considered 24 to be inadmissible under any provision 25 VerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 819 IS of this subsection based on such mis- 1 representation.’’; and 2 (ii) in clause (iii), by striking ‘‘of 3 clause (i)’’; and 4 (B) by amending subsection (i)(1) to read 5 as follows: 6 ‘‘(i)(1) The Attorney General or the Secretary of 7 Homeland Security may, in the discretion of the Attorney 8 General or the Secretary, waive the application of sub- 9 section (a)(6)(C) in the case of an alien who is the parent, 10 spouse, or son or daughter of a United States citizen or 11 of an alien lawfully admitted for permanent residence and 12 in the case of an alien who is an alien granted classifica- 13 tion under clause (iii) or (iv) of section 204(a)(1)(A), if 14 it is established to the satisfaction of the Attorney General 15 or the Secretary that the admission to the United States 16 of such alien would not be contrary to the national welfare, 17 safety, or security of the United States.’’; and 18 (2) by amending section 237(a)(3)(D) (8 19 U.S.C. 1227(a)(3)(D)) to read as follows: 20 ‘‘(D) MISREPRESENTATION OF CITIZEN- 21 SHIP.— 22 ‘‘(i) IN GENERAL.—Any alien who 23 knowingly and willfully misrepresents, or 24 has knowingly and willfully misrepresented, 25 VerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •S 819 IS himself or herself to be a citizen of the 1 United States for any purpose or benefit 2 under this Act (including section 274A) or 3 any Federal or State law is deportable. 4 ‘‘(ii) EXCEPTION.—In the case of an 5 alien who was under the age of 21 years 6 at the time of making a misr [Text truncated for display. Full text available on Congress.gov.]

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