New Bill Offers Path for Some Immigrant Families Facing Deportation, Grants Feds Case-by-Case Discretion

The American Families United Act gives top immigration officials—the Attorney General and the Secretary of Homeland Security—new flexibility in deciding deportation cases involving the spouse or child of a U.S. citizen. If removing the individual would cause hardship to their U.S. citizen family member, officials can choose to halt the deportation, waive certain issues that make someone inadmissible, or grant permission to reapply for legal status. Crucially, the bill establishes a presumption that separating these families automatically constitutes hardship, potentially simplifying the process for some.

How the Discretion Works

This isn't a blanket amnesty; it's about case-by-case judgment. Under Section 3, the Attorney General can terminate ongoing removal proceedings or decline to issue a removal order. Similarly, the Secretary of Homeland Security can decide not to start removal proceedings, waive grounds for inadmissibility (like having entered without inspection), or allow someone to reapply for a visa or green card. This authority also extends to the widow or child of a deceased U.S. citizen, provided they seek relief within two years of the citizen's death or can show extraordinary circumstances prevented them from doing so.

Who Qualifies and Who Doesn't?

The focus is squarely on immediate family members—spouses and children—of U.S. citizens. If deportation looms for someone in this category, this bill potentially offers them a lifeline based on the hardship their U.S. citizen relative would face. However, Section 3 explicitly excludes individuals who are considered inadmissible or deportable due to specific criminal convictions or for security reasons. So, someone facing removal solely for immigration status violations might benefit, while someone with a serious criminal record likely would not, even if they have a U.S. citizen spouse or child.

Second Looks and Lingering Questions

The Act also includes a mechanism (Section 4) allowing individuals whose petitions or applications were previously denied to ask for a review if this new discretionary authority could have led to a different outcome. They generally have two years from the Act's passage to file such a motion. While the goal is family unity, the core of this bill relies heavily on discretion. This means outcomes aren't guaranteed and will depend heavily on how individual officials evaluate 'hardship' and other factors in each specific case. The bill doesn't detail how this discretion must be applied uniformly, leaving open questions about consistency across different cases and offices.