Should Immigration judges and officers be allowed to block the deportation of undocumented spouses and children of US citizens?

Immigration
American Families United Act (H.R. 2366)
Awaiting Vote
Bill Summary

H.R. 2366 provides immigration judges and officers with discretion to help keep American citizens’ undocumented spouses and children inside the US. This discretion is determined case-by-case only, looking at the individual circumstances of each case. It would allow judges to grant waivers for particular legal violations and to stop orders from separating families if the action would cause hardship. The goal of the bill is to keep families together and ease the path to legal status through waivers for unlawful presence or past deportations. The bill specifically amends the removal process provisions of the Immigration and Nationality Act. Sponsor: Rep. Veronica Escobar (Democrat, Texas, District 16)
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Opponents say

•      "We agree that a tightly controlled, well-regulated system of legal immigration, like the one we have now, is essential to the security of this country. But scaling back the ability of Americans to reunite with their families will not improve national security, and could severely damage the American family." Source: Heidi H. Stirrup, Christian Coalition


•      "It is true that the United States is a nation of immigrants.  But more importantly, the United States is a nation of laws.  The Rule of Law, in addition to the God-given rights protected by our Constitution, is perhaps the main attraction for those who wish to immigrate to our great country.  Having said that, I want to be absolutely clear: I oppose the efforts to grant any sort of amnesty by executive fiat, and I oppose any efforts in Congress to grant amnesty to those who have broken our laws.  To do so would be a slap in the face to the millions of people who have respected our immigration process and have waited their turn to come to this country.  The executive branch must enforce the laws on the books with equal application and without executive orders that undermine those very laws." Source: Representative Paul Gosar (Republican, Arizona, District 9)


•      "Amnesty for illegal aliens is a slippery slope. As any parent, school teacher or police officer knows, rewarding bad behavior only encourages more bad behavior. And much of our current immigration situation is directly attributable to the series of amnesties that began with the Immigration Reform and Control Act of 1986 (IRCA). Rather than pushing the reset button, and allowing the United States to regain control of its borders, IRCA sent a clear message to would-be illegal aliens: If you violate our immigration laws long enough, you will be rewarded for your troubles and granted legal status." Source: Matt O’Brien, Director of Research at the Federation for American Immigration Reform (FAIR)

Proponents say

•      "There are hundreds of thousands of American families today who have been forced to live apart or relocate to another country because of draconian provisions in the Immigration and Nationality Act that prevent undocumented spouses of Americans from getting any legal protections whatsoever...Americans recognize that it is in our country’s best interests to restore legal pathways for immigrants and keep families together, and the bipartisan American Families United Act is a critical step in the right direction. I look to working with my colleagues to advance this crucial legislation." Source: Representative Veronica Escobar (Democrat, Texas, District 16) 


•      "The American Families United Act would help families facing separation by granting immigration judges and officials authority to weigh the impact that family separation would have on a U.S. citizen if their undocumented spouse or child were denied a visa or received a deportation order, and to grant these families relief, case by case...After being undocumented in the U.S. for some time, many immigrants face significant challenges adjusting their status, even if they are married to a U.S. citizen. For example, they may be subject to bars on re-entry that would prevent them from receiving a visa if they leave the U.S. and try to return through a legal channel. If they entered without authorization multiple times, even when they were very young, and even if they have current immigration protections like Deferred Action for Childhood Arrivals (DACA), they could be permanently barred...U.S. citizens should not have to choose between their country and their families." Source: Andrew Moriarty, FWD.us 


•      "One primary driver of the cruelty of the immigration enforcement system is that current law only gives immigration judges a single penalty in their immigration toolbox—deportation—and that penalty is grossly disproportionate to the overwhelming majority of immigration offenses. A just enforcement system must also include a range of scalable penalties - such as fines, community service, treatment programs, or probationary periods - that can be adjusted to match the severity of the violation and the circumstances of the individual...The unprecedented investment in punitive enforcement strategies during ICE’s nearly two decades of existence is a failed experiment that has caused untold suffering in communities and failed to increase compliance with immigration law...The nation needs a new paradigm for the ways it enforces immigration laws - a paradigm that is more humane." Source: Peter L. Markowitz, Center for American Progress

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