I 118TH CONGRESS 1ST SESSION H. R. 3050 To amend the Immigration and Nationality Act to alter the definition of ‘‘conviction’’, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 2, 2023 Mr. ESPAILLAT (for himself, Mr. CASTRO of Texas, Ms. NORTON, Ms. SCHA- KOWSKY, Mr. GRIJALVA, Mr. BOWMAN, Ms. TOKUDA, Mr. MCGOVERN, Mr. PAYNE, Ms. CLARKE of New York, Mr. GARCI´A of Illinois, Mrs. CHERFILUS-MCCORMICK, Ms. VELA´ZQUEZ, Ms. SCANLON, Mr. CA´RDENAS, Ms. JAYAPAL, Ms. TITUS, Ms. OMAR, Ms. LEE of California, Mr. TAKANO, and Ms. LEE of Pennsylvania) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to alter the definition of ‘‘conviction’’, and for other purposes. 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. 3 This Act may be cited as the ‘‘Fair Adjudications for 4 Immigrants Act’’. 5 SEC. 2. EXPUNGEMENT AND SENTENCING. 6 (a) DEFINITION OF CONVICTION.— 7 VerDate Sep 11 2014 00:44 May 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3050.IH H3050 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3050 IH (1) IN GENERAL.—Section 101(a)(48) of the 1 Immigration and Nationality Act (8 U.S.C. 2 1101(a)(48)) is amended to read as follows: 3 ‘‘(48)(A) The term ‘conviction’ means a formal judg- 4 ment of guilt entered by a court. 5 ‘‘(B) The following may not be considered a convic- 6 tion for purposes of this Act: 7 ‘‘(i) An adjudication or judgment of guilt that 8 has been dismissed, expunged, deferred, annulled, in- 9 validated, withheld, vacated, or pardoned federally or 10 by a State or locality, including by the President of 11 the United States or by a person or agency author- 12 ized by State law to grant such pardon. 13 ‘‘(ii) Any adjudication in which the court has 14 issued— 15 ‘‘(I) a judicial recommendation against re- 16 moval; 17 ‘‘(II) an order of probation without entry 18 of judgment; or 19 ‘‘(III) any similar disposition. 20 ‘‘(iii) A judgment that is on appeal or is within 21 the time to file direct appeal. 22 ‘‘(C)(i) Unless otherwise provided, with respect to an 23 offense, any reference to a term of imprisonment or a sen- 24 VerDate Sep 11 2014 00:44 May 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3050.IH H3050 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3050 IH tence is considered to include only the period of incarcer- 1 ation ordered by a court. 2 ‘‘(ii) Any such reference shall be considered to ex- 3 clude any portion of a sentence of which the imposition 4 or execution was suspended.’’. 5 (2) RETROACTIVE APPLICABILITY.—The 6 amendment made by this subsection shall apply with 7 respect to any conviction, adjudication, or judgment 8 entered before, on, or after the date of the enact- 9 ment of this Act. 10 (b) JUDICIAL RECOMMENDATION AGAINST RE- 11 MOVAL.—The grounds of inadmissibility and deportability 12 under sections 212(a)(2) and 237(a)(2) of the Immigra- 13 tion and Nationality Act (8 U.S.C. 1182(a)(2) and 14 1227(a)(2)) shall not apply to an alien with a criminal 15 conviction if, after having provided notice and an oppor- 16 tunity to respond to the prosecuting authorities, the sen- 17 tencing court issues a recommendation to the Secretary 18 that the alien not be removed on the basis of the convic- 19 tion. 20 Æ VerDate Sep 11 2014 00:44 May 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3050.IH H3050 kjohnson on DSK79L0C42PROD with BILLS