Sec. 5. Discretionary authority with respect to removal, deportation, ineligibility or inadmissibility of citizen and resident immediate family members
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Section 240(c)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(4) ) is amended by adding at the end the following: In the case of an alien subject to removal, deportation, ineligibility or inadmissibility, the immigration judge may exercise discretion to decline to order the alien removable, deportable, ineligible or inadmissible from the United States and terminate proceedings or grant permission to reapply for admission or any application for relief from removal if the judge determines that such removal, deportation, ineligibility or inadmissibility is against the public interest or would result in hardship to the alien’s United States citizen or lawful permanent resident parent, spouse, or child, or the judge determines the alien is prima facie eligible for naturalization except that this subparagraph shall not apply to an alien whom the judge determines— is inadmissible or deportable under— subparagraph (B), (C), (D)(ii), (E), (H), or
(I)of section 212(a)(2); section 212(a)(3); subparagraph (A), (C), or
(D)of section 212(a)(10); or paragraph (2)(A)(ii), (2)(A)(v), (2)(F), (4), or
(6)of section 237(a); or has— engaged in conduct described in paragraph
(8)or
(9)of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ); or a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction. For purposes of this subparagraph, family separation in and of itself shall be deemed to be a hardship and shall be deemed to be against the public interest. . Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by adding at the end the following: In the case of an alien who is inadmissible under this section or deportable under section 237 or ineligible under any provision of this Act, the Secretary of Homeland Security may exercise discretion to waive a ground of ineligibility, inadmissibility or deportability or grant permission to reapply for admission or any application for immigration benefits if the Secretary determines that such ineligibility, removal or refusal of admission is against the public interest or would result in hardship, including family separation, to the alien’s United States citizen or permanent resident parent, spouse, or child. For purposes of this subsection, family separation in and of itself shall be deemed to be a hardship and shall be deemed to be against the public interest. This subsection shall not apply to an alien whom the Secretary determines— is inadmissible or deportable under— subparagraph (B), (C), (D)(ii), (E), (H), or
(I)of subsection (a)(2); subsection (a)(3); subparagraph (A), (C), or
(D)of subsection (a)(10); paragraph (2)(A)(ii), (2)(A)(v), (2)(F), or
(6)of section 237(a); or section 240(c)(4)(D)(ii)(II); or has— engaged in conduct described in paragraph
(8)or
(9)of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ); a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction; . Section 241(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(5) ) is amended by striking the period at the end and inserting , unless the alien reentered prior to attaining the age of 18 years, or reinstatement of the prior order of removal would not be in the public interest or would result in hardship, including family separation, to the alien’s United States citizen or permanent resident parent, spouse, or child. .
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Sec. 5
Discretionary authority with respect to removal, deportation, ineligibility or inadmissibility of citizen and resident immediate family members
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