The American Families United Act grants immigration judges and the Secretary of Homeland Security greater discretion to prevent the removal of family members of U.S. citizens when separation would cause hardship, while also allowing for the reopening of certain prior cases.
Veronica Escobar
Representative
TX-16
The American Families United Act grants immigration officials increased discretion to halt removal proceedings or grant immigration benefits for family members of U.S. citizens when separation would cause hardship. This discretion is presumed to be met if the action results in family separation, though certain serious criminal grounds remain disqualifying. The Act also allows individuals to file motions to reopen or reconsider past immigration decisions if the outcome would have been different under these new provisions, subject to a two-year filing deadline.
New Immigration Bill Creates 'Presumption of Hardship' to Protect U.S. Citizens' Spouses and Children from Deportation
The aptly named American Families United Act is designed to give immigration authorities more flexibility to keep families together when a U.S. citizen’s spouse or child is facing removal from the country. This isn’t a massive overhaul, but it makes a significant change in how the government weighs family separation when making deportation decisions. Specifically, it grants the Attorney General (AG) and the Secretary of Homeland Security (DHS) the power to stop removal proceedings, waive certain immigration violations, or allow the immigrant to reapply for admission, but only on a case-by-case basis (SEC. 2).
The Hardship Rule: When Separation Counts
The core of this bill is found in Section 3, which introduces a critical new standard: officials can only use this discretion if they determine that removing the person would cause hardship to the U.S. citizen spouse, parent, or child. Here’s the game-changer: the law creates a presumption that separating the family counts as hardship. This means the government starts with the assumption that splitting up a citizen from their immediate family is harmful, which makes it much easier for the immigrant to qualify for relief. Think of a construction worker who is a U.S. citizen; if his non-citizen spouse, who manages the family’s finances and childcare, faces deportation, the resulting disruption and emotional toll on the citizen is now presumed to be a hardship.
Extended Relief and Clear Exclusions
The bill also accounts for tragedy. If the U.S. citizen has died, the surviving spouse or child can still seek this relief, provided they apply within two years of the citizen’s death (SEC. 3). This prevents a family from being penalized by the death of their citizen relative. However, this new flexibility is not a blanket amnesty. The bill is very clear that this discretion cannot be used for immigrants who are inadmissible or deportable due to serious offenses, such as certain criminal grounds, terrorism-related issues, or serious security grounds (SEC. 3, citing sections like 212(a)(2) and (3)). If you’ve got a serious rap sheet or security concerns, this bill won't help you.
Getting a Second Chance at a Denial
For those who have already been ordered removed or previously denied immigration relief, Section 4 offers a lifeline. It allows individuals to file a motion to reopen or reconsider their case if the outcome would have been favorable under the new standards set by this Act. Say someone was denied relief last year because the judge didn't find sufficient hardship, but under this new “presumption of hardship” rule, they would have qualified. They can now ask for a second look. The catch? There is a strict two-year deadline from the date the Act becomes law, though officials can allow late filings if the applicant can prove extraordinary circumstances prevented them from meeting the deadline. This provision acknowledges that the law is changing and gives people a chance to benefit from the new, more family-friendly rules.