American Families United Act

Discretionary relief for family members: The Attorney General may terminate removal proceedings or decline to order an alien removed if they are a spouse or child of a U.S. citizen (Section 3(a)(i)). This could help keep families together.

Presumption of hardship: There is a legal presumption that family separation constitutes hardship, which can be used to support requests for relief (Section 3(a)(ii) and Section 3(b)(2)(A)).

Relief for grieving families: The Attorney General and Secretary of Homeland Security have discretion regarding the spouse or child of a deceased U.S. citizen, provided they seek relief within two years or demonstrate extraordinary circumstances (Section 3(a)(ii)(II) and Section 3(b)(2)(B)).

Broad authority for the Secretary of Homeland Security: The Secretary may decline to issue notices to appear, decline to reinstate removal orders, or grant permission to reapply for admission or immigration benefits for spouses or children of citizens (Section 3(b)(1)).

Opportunity to challenge past denials: Individuals may file motions to reopen or reconsider the denial of a petition, application, or removal order if the new rules would have resulted in a favorable decision (Section 4(a)).

Exclusions based on inadmissibility or deportability: The discretionary authority does not apply to aliens whom the Attorney General or Secretary determines are inadmissible under specific paragraphs or deportable under certain sections of the law (Section 3(a)(iii) and Section 3(b)(3)).

Time limits for deceased citizen's family: Spouses or children of deceased citizens must seek relief within two years of the death, unless they can prove extraordinary circumstances prevented them from doing so (Section 3(a)(ii)(II) and Section 3(b)(2)(B)(ii)).

Strict filing deadlines for motions: Motions to reopen or reconsider must be filed within two years of the Act's enactment, unless extraordinary circumstances are demonstrated (Section 4(b)).