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S. 2021: Removing Marijuana from Deportable Offenses Act


The text of the bill below is as of Jun 27, 2019 (Introduced).

Summary of this bill

Should marijuana use or possession be grounds for expulsion from the U.S.?

Context

More than 34,000 undocumented immigrants were deported between 2007 and 2012 for marijuana possession as their most serious offense.

This dropped considerably starting in November 2014, after the Obama Administration’s Secretary of Homeland Security Jeh Johnson announced that marijuana possession would no longer be an “enforcement priority” for deportation officials.

However, the Trump Administration reverted to once again making it a federal enforcement priority.

What the legislation does

The Removing Marijuana from Deportable Offenses Act would remove use, possession, or distribution of marijuana from the list of actions meriting deportation.

It would also establish ...


II

116th CONGRESS

1st Session

S. 2021

IN THE SENATE OF THE UNITED STATES

June 27, 2019

introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act by striking marijuana use, possession, and distribution as grounds of inadmissibility and removal.

1.

Short title

This Act may be cited as the Removing Marijuana from Deportable Offenses Act.

2.

Striking marijuana use, possession, and distribution as grounds for inadmissibility and removal

(a)

In general

The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—

(1)

in section 101(a)(43)(B) (8 U.S.C. 1101(a)(43)(B)), by inserting other than the distribution of marijuana, after (as defined in section 102 of the Controlled Substances Act);

(2)

in section 212(a)(2) (8 U.S.C. 1182(a)(2)), by amending subparagraph (F) to read as follows:

(F)

Marijuana offenses

Notwithstanding any other provision of this section, any offenses involving the use, possession, or distribution of marijuana shall not be considered as grounds of inadmissibility.

; and

(3)

in section 237(a)(2)(B)(i) (8 U.S.C. 1227(a)(2)(B)(i)), by striking other than a single offense involving possession for one's own use of 30 grams or less of marijuana and inserting other than offenses involving the use, possession, or distribution of marijuana.

(b)

Right To reapply or return

(1)

Reapplication

Any alien who was previously denied a visa to enter the United States as a direct result of the alien’s use, possession, or distribution of marijuana may reapply for admission to the United States.

(2)

Reissuance

Any alien who was deported from the United States as a direct result of the alien’s use, possession, or distribution of marijuana shall be readmitted to the United States and reissued the visa that they had at the time of the alien’s deportation if the alien is not inadmissible under section 212(a) of the Immigration and Nationality Act, as amended by subsection (a)(2).