S. 271 (Introduced in Senate) — Families Belong Together Act

1. Short title

This Act may be cited as the “Families Belong Together Act”.

2. Definitions

In this Act:

(1)

Eligible child— The term eligible child means a person who—

(A)

entered the United States, before attaining 18 years of age, at a port of entry or between ports of entry;

(B)

was separated from his or her parent or legal guardian by the Department of Homeland Security, and the Department failed to demonstrate in a hearing that the parent or legal guardian was unfit or presented a danger to the child;

(C)

(i)

was in the custody of the Department of Homeland Security or the Office of Refugee Resettlement on the date of the enactment of this Act;

(ii)

has been released to a sponsor, including a family-member sponsor; or

(iii)

has been repatriated to his or her country of origin; and

(D)

is not inadmissible under paragraph (2)(C), (2)(E), (2)(G), (2)(H), (2)(I), (3), (6)(E), (6)(G), (8), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).

(2)

Eligible parent—

(A)

In general— Subject to subparagraph (B), the term eligible parent means an individual who—

(i)

is—

(I)

a parent of an eligible child; or

(II)

a legal guardian of an eligible child;

(ii)

entered the United States at a port of entry, or between ports of entry, with an eligible child to whom he or she is a parent or legal guardian; and

(iii)

was separated from his or her eligible child by the Department of Homeland Security, which failed to demonstrate in a hearing that the parent or legal guardian was unfit or presented a danger to the child.

(B)

Exclusion— An individual is not an eligible parent if the individual is inadmissible under paragraph (2)(C), (2)(E), (2)(G), (2)(H), (2)(I), (3), (6)(E), (6)(G), (8), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).

3. Humanitarian parole

The Director of U.S. Citizenship and Immigration Services shall grant humanitarian parole into the United States to all eligible parents and eligible children who expressly request such parole. The Director shall not impose a fee for any such request.

4. Adjustment of status

(a)

Eligible parents— Eligible parents in the United States shall be eligible to apply to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. Not later than 30 days after receiving such an application from an eligible parent, the Director shall adjust the status of such parent to that of an alien lawfully admitted for permanent residence.

(b)

Eligible children— Eligible children in the United States shall be eligible to apply to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. Not later than 30 days after receiving such an application from an eligible child, the Director shall adjust the status of such child to that of an alien lawfully admitted for permanent residence.

(c)

Application fees prohibited— The Director of U.S. Citizenship and Immigration Services shall not impose a fee for any application submitted under this section.

5. Exception to ground of inadmissibility

For purposes of this Act, assistance provided by a person to a member of his or her nuclear family unit shall not render the person inadmissible under section 212(a)(6)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(E)).

6. Authorization of appropriations

In addition to any other amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated to the Executive Office for Immigration Review $5,000,000 for fiscal year 2019 to carry out the Legal Orientation Program, including educating eligible parents and eligible children of their rights under this Act.

Families Belong Together Act