S.744 Immigration bill - Sec. 2313: DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION OR INADMISSIBILITY OF CITIZEN AND RESIDENT IMMEDIATE FAMILY MEMBERS

Posted Wed, Apr 17, 2013 at 4:56 pm

    (a) Applications for Relief From Removal- Section 240(c)(4) (8 U.S.C. 1229a(c)(4)) is amended by adding at the end the following:

        `(D) JUDICIAL DISCRETION- In the case of an alien subject to removal, deportation, or exclusion, the immigration judge may exercise discretion to decline to order the alien removed, deported or excluded from the United States and terminate proceedings if the judge determines that such removal, deportation, or exclusion is against the public interest or would result in hardship to the alien's United States citizen or permanent resident parent of a child, spouse, or child, or the judge determines the alien is prima facie eligible for naturalization except that this subparagraph shall not apply to an alien whom the judge determines--

          `(i) is described in--

            `(I) subparagraph (B), (C), (D)(ii), (E), (H), (I), or (J) of section 212(a)(2);

            `(II) section 212(a)(3);

            `(III) subparagraph (A), (C), or (D) of section 212(a)(10); or

            `(IV) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), (4), or (6) of section 237(a); or

          `(ii) has--

            `(I) engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); or

            `(II) a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction.'.

    (b) Secretary's Discretion- Section 212 (8 U.S.C. 1182), as amended by section 2312(d), is further amended by adding at the end the following:

    `(w) Secretary's Discretion- In the case of an alien inadmissible under this section, the Secretary of Homeland Security may exercise discretion to waive a ground of inadmissibility if the Secretary determines that such refusal of admission is against the public interest or would result in hardship to the alien's United States citizen or permanent resident parent, spouse, or child except that this subparagraph shall not apply to an alien whom the Secretary determines--

      `(1) is described in--

        `(A) subparagraph (B), (C), (D)(ii), (E), (H), (I), of subsection (a)(2);

        `(B) subsection (a)(3);

        `(C) subparagraph (A), (C), or (D) of subsection (a)(10);

        `(D) paragraphs (2)(A)(ii), (2)(A)(v), (2)(F), or (6) of section 237(a); or

        `(E) section 240(c)(4)(D)(ii)(II); or

      `(2) has--

        `(A) engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); or

        `(B) a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction.'.

    (c) Reinstatement of Removal Orders- Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended by striking the period at the end and inserting `, unless the alien reentered prior to attaining the age of 18 years, or reinstatement of the prior order of removal would not be in the public interest or would result in hardship to the alien's United States citizen or permanent resident parent, spouse, or child.'.

2313
DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION OR INADMISSIBILITY OF CITIZEN AND RESIDENT IMMEDIATE FAMILY MEMBERS