0
Fair Adjudications for Immigrants Act
1/9/2024, 6:39 PM
Summary of Bill HR 3050
One of the main components of the bill is the establishment of a new Office of Legal Access Programs within the Department of Justice. This office would be responsible for providing legal assistance to immigrants during the adjudication process, helping to ensure that individuals have access to proper representation and understand their rights.
Additionally, the Fair Adjudications for Immigrants Act seeks to increase accountability within the immigration system by requiring regular reporting on the adjudication process and outcomes. This transparency is intended to help identify any potential issues or biases in the system and ensure that decisions are made fairly and consistently. The bill also includes provisions to improve training for immigration judges and officers, with the goal of ensuring that individuals involved in the adjudication process are well-equipped to make informed and fair decisions. Overall, the Fair Adjudications for Immigrants Act is aimed at promoting fairness and transparency in the immigration system, with the goal of ensuring that immigrants seeking legal status in the United States are treated fairly and have access to proper legal representation.
Congressional Summary of HR 3050
Fair Adjudications for Immigrants Act
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.
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.
