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Politiparty

118th Congress Immigration

H.R. 3050: Fair Adjudications for Immigrants Act

Introduced

  1. Introduced (completed)May 2, 2023
  2. Passed House (not reached)
  3. Passed Senate (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Introduced in House, May 2, 2023

This bill narrows the scope of certain crime-based grounds for barring or removing a non-U.S. national (alien under federal law) from the United States. (Generally, a conviction for certain crimes, such as a crime that carries a term of incarceration of a certain length, may constitute grounds for denying an individual certain immigration benefits.)

The bill redefines the term conviction to exclude convictions that have been dismissed, expunged, deferred, annulled, invalidated, withheld, vacated, or pardoned. The term must also exclude adjudications where a court issued a recommendation against removal, an order of probation without entry of judgment, or a similar disposition.

In addition, any reference to a term of imprisonment or sentence must, unless otherwise provided (1) only consider the period of incarceration ordered by a court, and (2) exclude any suspended portion of a sentence. Currently, for immigration purposes, a term of incarceration includes any part of the sentence that was suspended.

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These provisions pertaining to the definition of conviction and terms of imprisonment shall apply to convictions and judgments entered either before or after this bill's enactment.

Furthermore, certain crime-based grounds for barring or removing a non-U.S. national shall not apply if the sentencing court issues a recommendation that the alien not be removed on the basis of the conviction.

Written by the Congressional Research Service, Library of Congress.

Roll calls

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Amendments

0 offered

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Cosponsors

21

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Other bills by Adriano Espaillat

History

  1. May 2, 2023Introduced in the House by Adriano Espaillat.
Show the full action history (2 actions)
  1. May 2, 2023Introduced in House
  2. May 2, 2023Referred to the House Committee on the Judiciary.