S. 5138: Fairness for Immigrant Families Act of 2026

Fairness for Immigrant Families Act of 2026

This bill:

• Eliminates the 3- and 10-year bars on admission for aliens unlawfully present in the United States;
• Exempts any alien under 21, asylee applicant, alien with family inside the U.S., and any alien brought as a child from being inadmissible to the United States;
• Exempts alien children and VAWA self-petitioners from inadmissibility for misrepresentation of citizenship; 
• Bars reinstatement of final removal orders for aliens who re-enter the U.S. illegally if they are alien children or if the removal would cause hardship to a U.S. citizen family member; 
• Bars removal of alien applicants for certain nonimmigrant visas (T, U, and V) and DACA recipients along with creating a presumption of non-detention for these aliens; and
• Bars ICE from removing aliens who are victims of domestic violence or serious crimes, is a witness to a crime, a plaintiff in a non-frivolous lawsuit defending their civil rights, or are a recipient of deferred action related to a worksite enforcement action.