S. 1343: Fair Adjudications for Immigrants Act

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.