116th CONGRESS 1st Session |
To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security.
January 30, 2019
Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Families Belong Together Act”.
In this Act:
(1) ELIGIBLE CHILD.—The term “eligible child” means a person who—
(A) entered the United States, before attaining 18 years of age, at a port of entry or between ports of entry;
(B) was separated from his or her parent or legal guardian by the Department of Homeland Security, and the Department failed to demonstrate in a hearing that the parent or legal guardian was unfit or presented a danger to the child;
(C) (i) was in the custody of the Department of Homeland Security or the Office of Refugee Resettlement on the date of the enactment of this Act;
(ii) has been released to a sponsor, including a family-member sponsor; or
(iii) has been repatriated to his or her country of origin; and
(D) is not inadmissible under paragraph (2)(C), (2)(E), (2)(G), (2)(H), (2)(I), (3), (6)(E), (6)(G), (8), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).
(A) IN GENERAL.—Subject to subparagraph (B), the term “eligible parent” means an individual who—
(I) a parent of an eligible child; or
(II) a legal guardian of an eligible child;
(ii) entered the United States at a port of entry, or between ports of entry, with an eligible child to whom he or she is a parent or legal guardian; and
(iii) was separated from his or her eligible child by the Department of Homeland Security, which failed to demonstrate in a hearing that the parent or legal guardian was unfit or presented a danger to the child.
(B) EXCLUSION.—An individual is not an “eligible parent” if the individual is inadmissible under paragraph (2)(C), (2)(E), (2)(G), (2)(H), (2)(I), (3), (6)(E), (6)(G), (8), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).
The Director of U.S. Citizenship and Immigration Services shall grant humanitarian parole into the United States to all eligible parents and eligible children who expressly request such parole. The Director shall not impose a fee for any such request.
(a) Eligible parents.—Eligible parents in the United States shall be eligible to apply to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. Not later than 30 days after receiving such an application from an eligible parent, the Director shall adjust the status of such parent to that of an alien lawfully admitted for permanent residence.
(b) Eligible children.—Eligible children in the United States shall be eligible to apply to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. Not later than 30 days after receiving such an application from an eligible child, the Director shall adjust the status of such child to that of an alien lawfully admitted for permanent residence.
(c) Application fees prohibited.—The Director of U.S. Citizenship and Immigration Services shall not impose a fee for any application submitted under this section.
SEC. 5. Exception to ground of inadmissibility.
For purposes of this Act, assistance provided by a person to a member of his or her nuclear family unit shall not render the person inadmissible under section 212(a)(6)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(E)).
SEC. 6. Authorization of appropriations.
In addition to any other amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated to the Executive Office for Immigration Review $5,000,000 for fiscal year 2019 to carry out the Legal Orientation Program, including educating eligible parents and eligible children of their rights under this Act.