American Families United Act

Summary

Creates new, case-by-case discretion for the Attorney General and the Secretary of Homeland Security to avoid removing or denying admission to noncitizen spouses, parents, and children when removal or denial would cause hardship to their U.S. citizen family members. It also lets affected noncitizens ask agencies to reopen or reconsider past denials or removal orders if the new rules would have led to a favorable decision, subject to a two-year filing window unless extraordinary circumstances apply.

• Creates discretionary relief to prevent removal or denial when separation would cause hardship to a U.S. citizen spouse, parent, or child.
• Gives parallel authorities to the Attorney General (removal proceedings) and the Secretary of Homeland Security (admissions/benefits).
• Presumes family separation is hardship but excludes relief for certain serious criminal or terrorism-related grounds.
• Allows reopening or reconsideration of prior denials or removal orders if the new rules would have produced a favorable outcome.
• Requires motions to reopen/reconsider within two years of enactment, with an extraordinary-circumstances exception.
• Requires discretion to be exercised on a case-by-case basis and does not reduce existing discretionary immigration authority.
• Permits waivers of specified inadmissibility/deportability grounds, decline to reinstate removals, and permit reapplication for admission in eligible cases.
• Includes a special two-year filing rule (with exceptions) for widows and surviving children in certain admission/benefit contexts.