Us Congress 2023-2024 Regular Session

Us Congress House Bill HB63

Introduced
1/9/23  

Caption

Grant Relief for American Children's Elevation Act of 2023 or the GRACE Act This bill establishes that an exceptional and extremely unusual hardship includes a hardship resulting from a removal (or deportation) that separates the individual subject to removal from a family member who is a U.S. citizen, a lawful permanent resident, or lawfully admitted into the United States. Under current law, the Department of Homeland Security may cancel the removal of a non-U.S. national (alien under federal law) if the removal would result in an exceptional and extremely unusual hardship to an immediate relative who is a U.S. citizen or lawful permanent resident.

Impact

If enacted, HB 63 would modify how the Department of Homeland Security addresses removal cases by incorporating family separation as a legitimate excuse for preventing deportation. It emphasizes the importance of familial bonds and recognizes the significant emotional toll that deportation can have on U.S. family members. This could potentially lead to a greater number of canceled removals, impacting immigration law and the way cases are assessed by immigration authorities.

Summary

House Bill 63, known as the Grant Relief for American Children's Elevation Act of 2023 (GRACE Act), proposes amendments to the Immigration and Nationality Act. This bill aims to define certain circumstances of family separation, particularly those involving a family member subject to deportation, as exceptional and extremely unusual hardship. This new classification would allow family members who are U.S. citizens or lawful permanent residents to potentially avert the deportation of their relatives by demonstrating the emotional and practical hardships that a separation would cause.

Contention

Although the intent of HB 63 is to protect families from the strains of separation due to deportation, there may be points of contention among lawmakers regarding the implications this definition might have on immigration enforcement. Opponents may argue that expanding the criteria for exceptional hardship could complicate the removal process and lead to potential abuse of the system. Additionally, the bill could evoke debates about broader reform in immigration policy, reflecting varying perspectives on how to balance enforcement with humanitarian concerns.

Companion Bills

No companion bills found.

Previously Filed As

US HB698

Asylum Accountability Act This bill permanently bars a non-U.S. national (alien under federal law) from receiving certain immigration-related relief if that individual is ordered removed from the United States after failing to appear at a removal proceeding, unless that failure to appear is due to exceptional circumstances. (Currently, this bar from relief is for 10 years.) Under this bill, such an individual shall be permanently barred from receiving discretionary relief under specified immigration provisions, such as (1) cancellation of removal and adjustment to lawful permanent resident status, (2) being allowed to voluntarily depart from the United States, or (3) being allowed to change from one nonimmigrant classification to another.

US HB86

Ending Catch and Release Act of 2023 This bill changes the treatment of certain non-U.S. nationals (aliens under federal law) without lawful immigration status, including by prohibiting the release of asylum seekers into the United States while their cases are pending. The Department of Homeland Security (DHS) may not (with some exceptions) release an individual who is not clearly entitled to admission into the United States while the individual's case is pending, even if the individual is an asylum seeker. DHS may instead detain the individual or return the individual to a neighboring country in certain situations. The bill also expands expedited removal from the United States (i.e., removal without further hearing or review) to include individuals present in the United States without being admitted, with certain exceptions. Under current law, individuals are subject to expedited removal if they lack proper documentation or obtained an immigration benefit through fraud; such individuals are still subject to expedited removal under the bill. The bill also modifies the standard for establishing a credible fear of persecution to avoid expedited removal. Generally, an asylum seeker may avoid expedited removal if an asylum officer finds such a credible fear. Under this bill, an officer may find credible fear if it is more likely than not the individual can establish their eligibility for asylum, whereas under current law, the officer may find credible fear if there is a significant possibility that the individual can establish their eligibility.

US HJR31

Proposing an amendment to the Constitution of the United States to prohibit persons who are not citizens, nationals, or lawful permanent residents of the United States from voting in elections.

US HB57

Ending Catch and Release Act of 2025This bill changes the treatment of certain non-U.S. nationals (aliens under federal law) without lawful immigration status, including by prohibiting the release of asylum seekers into the United States while their cases are pending.The Department of Homeland Security (DHS) may not (with some exceptions) release an individual who is not clearly entitled to admission into the United States while the individual's case is pending, even if the individual is an asylum seeker. DHS may instead detain the individual or return the individual to a neighboring country in certain situations.The bill also expands expedited removal from the United States (i.e., removal without further hearing or review) to include individuals present in the United States without being admitted, with certain exceptions. Under current law, individuals are subject to expedited removal if they lack proper documentation or obtained an immigration benefit through fraud; such individuals are still subject to expedited removal under the bill.The bill also modifies the standard for establishing a credible fear of persecution to avoid expedited removal. Generally, an asylum seeker may avoid expedited removal if an asylum officer finds such a credible fear. Under this bill, an officer may find credible fear if it is more likely than not the individual can establish their eligibility for asylum, whereas under current law, the officer may find credible fear if there is a significant possibility that the individual can establish their eligibility.

US HJR210

Proposing an amendment to the Constitution of the United States to prohibit persons who are not citizens, nationals, or lawful permanent residents of the United States from voting in elections.

US HB16

American Dream and Promise Act of 2023 This bill provides certain non-U.S. nationals (aliens under federal law) with a path to receive permanent resident status and contains other immigration-related provisions. The Department of Homeland Security (DHS) or the Department of Justice (DOJ) shall provide conditional permanent resident status for 10 years to a qualifying individual who entered the United States as a minor and (1) is deportable or inadmissible, (2) has deferred enforced departure (DED) status or temporary protected status (TPS), or (3) is the child of certain classes of nonimmigrants. The bill imposes various qualifying requirements, such as the individual being continuously physically present in the United States since January 1, 2021, passing a background check, and being enrolled in or having completed certain educational programs. DHS shall remove the conditions placed on permanent resident status granted under this bill if the alien applies and meets certain requirements, such as completing certain programs at an educational institution, serving in the military, or being employed. Furthermore, DHS and DOJ shall provide lawful permanent resident status to certain individuals who had TPS, were eligible for TPS, or were eligible for DED status on certain dates. Such individuals must meet certain requirements and apply for such status within three years of this bill's enactment. DHS may not use information from applications filed under this bill or for Deferred Action for Childhood Arrivals status for immigration enforcement purposes. This bill also repeals a restriction that bars a state from providing higher education benefits to undocumented individuals unless those benefits are available to all U.S. nationals without regard to residency in the state.

US HB213

Break the Chain Act This bill makes various changes related to family-sponsored immigration, such as narrowing the definition of what constitutes an immediate relative and lowering the annual numerical cap on certain classes of family-sponsored visas. A non-U.S. national (alien under federal law) who is a parent of a U.S. citizen shall not qualify for a visa for immediate relatives, which is not subject to any direct numerical limits. Currently, the spouses, unmarried children under 21, and parents of citizens are considered immediate relatives. The bill also reduces the baseline annual cap for family-sponsored visas from 480,000 to 87,934, and revises the methods for calculating the cap. Currently, the 480,000 cap may be adjusted depending on various factors but shall not be less than 226,000. A spouse or child of a sponsoring lawful permanent resident (also known as a green card holder) shall be subject to the family-sponsored visa cap. The bill revises the rules for determining whether a non-U.S. national is a child for the purposes of family-sponsored immigration, and establishes that an individual who is married or turns 25 years old prior to a visa becoming available for issuance shall not qualify as a child. The bill creates a nonimmigrant classification for non-U.S. national parents of adult U.S. citizens, which authorizes such parents for admission into the United States for an initial five-year period. Such parents shall not be authorized for employment or to receive any public benefits.

US HB218

Expedited Removal Codification Act of 2023 This bill provides statutory authority for a July 23, 2019, Department of Homeland Security (DHS) notice that expanded the classes of non-U.S. nationals (aliens under federal law) who are subject to expedited removal (i.e., removal without further hearing or review). DHS published another notice on March 21, 2022, rescinding the July 2019 notice. Thus, this bill in effect restores the expanded version of expedited removal under the July 2019 notice. The July 2019 notice expanded expedited removal to cover certain inadmissible non-U.S. nationals who were apprehended in any part of the United States and who have been in the United States for less than two years. By contrast, with the March 2022 rescission, expedited removal is generally limited to certain inadmissible non-U.S. nationals apprehended near or at a border.

US HB10415

To amend the Immigration and Nationality Act to provide that employment authorization is only available to aliens who are lawfully present in the United States, and for other purposes.

US HB449

This bill waives certain requirements for U.S. nationals applying for citizenship. Currently, individuals born in an outlying possession (i.e., American Samoa or Swains Island) are U.S. nationals but do not automatically acquire citizenship through birth in an outlying possession. Under this bill, a U.S. national who otherwise qualifies may become a citizen upon establishing residence and physical presence in a U.S. outlying possession. Currently, U.S. nationals must become a resident of a state to qualify for naturalization. The bill also waives certain naturalization requirements, including those related to English language proficiency and participation in a public ceremony, for individuals who have continuously resided in an outlying possession or state from birth to the approval of a naturalization application. Furthermore, upon meeting other requirements, this bill allows a child born abroad of a U.S. citizen parent to acquire citizenship by establishing presence and residency in an outlying possession, where currently such a child must be lawfully present in the United States to acquire citizenship through this method.

Similar Bills

No similar bills found.