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H.R. 1614: Destigmatizing in Immigration Act


The text of the bill below is as of Mar 8, 2021 (Introduced).

Summary of this bill

Should having too many white Russians be a reason to turn away foreigners, such as Russians?

Context

An applicant for U.S. citizenship or a green card can be disqualified for failure to exhibit good moral character. 14 acts can disqualify an applicant on these grounds, including smuggling, lying under oath, and failure to support dependents.

Another act eligible for disqualification is being a “habitual drunkard.” Previously little known, this gained increased attention in recent years with the legal case of Salomon Ledezma-Cosino, an undocumented immigrant whose attempt to cancel his removal was denied by an appeals court because he was found to be an alcoholic.

United States Citizenship and …


I

117th CONGRESS

1st Session

H. R. 1614

IN THE HOUSE OF REPRESENTATIVES

March 8, 2021

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

A BILL

To amend the Immigration and Nationality Act to provide that marijuana use, possession, and distribution may not be considered for determinations of whether a person is a person of good moral character, and for other purposes.

1.

Short title

This Act may be cited as the Destigmatizing in Immigration Act.

2.

Marijuana use, possession, and distribution not considered for good moral character or grounds for inadmissibility

(a)

In general

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

(1)

in section 101 (8 U.S.C. 1101)—

(A)

in subsection (a)(43)(B), by inserting other than the distribution of marijuana, after (as defined in section 102 of the Controlled Substances Act); and

(B)

in subsection (f)—

(i)

in paragraph (3), by striking a single offense of simple possession of 30 grams or less of marihuana and inserting offenses involving the use, possession, or distribution of marijuana; and

(ii)

by adding at the end the following: Notwithstanding any other provision of this Act, any offenses or conduct involving the use, possession, or distribution of marijuana shall not be considered in a determination of whether a person is a person of good moral character.;

(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).

3.

Habitual drunkard repeal

Paragraph (1) of section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is repealed.