H. R. 5035
IN THE HOUSE OF REPRESENTATIVES
March 28, 2006
Mr. Serrano introduced the following bill; which was referred to the Committee on the Judiciary
To provide discretionary authority to an immigration judge to determine that an alien parent of a United States citizen child should not be ordered removed from the United States.
Discretionary authority with respect to removal of parents of citizen children
Section 240(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)) is amended by adding at the end the following:
Discretion of judge in case of citizen child
In the case of an alien deportable under section 237 who is the parent of a child who is a citizen of the United States, the immigration judge may exercise discretion to decline to order the alien removed from the United States if the judge determines that such removal is clearly against the best interests of the child, except that this subparagraph shall not apply to any alien who the judge determines—
is described in section 237(a)(4); or
has 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).