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.
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.
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.
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.