The Fairness for Immigrant Families Act of 2026 seeks to protect immigrant families, combat fraud, promote citizenship, and build community trust. The bill begins by eliminating the 3-year and 10-year bars to re-entry for unlawful presence and modifies the permanent bar, introducing exceptions for minors, asylees, trafficking victims, and those who entered as children. It also provides a hardship waiver for certain family members of U.S. citizens or lawful permanent residents, aiming to keep families together. Additionally, the bill revises inadmissibility and deportability for misrepresentation of citizenship, creating exceptions for minors and VAWA self-petitioners. A significant provision extends the application period for adjustment of status under Section 245(i) of the Immigration and Nationality Act, allowing more individuals present in the United States to apply for lawful permanent residency. The bill also reforms the reinstatement of removal orders, introducing exceptions for minors and cases where reinstatement would cause hardship to U.S. citizen or lawful permanent resident family members, or prevent asylum consideration. It explicitly states that family separation is not in the public interest and constitutes a hardship. Furthermore, the bill allows certain relatives of U.S. citizens, removed after January 20, 2025, to file motions to reopen or reconsider their cases at any time. The legislation expands eligibility for cancellation of removal by reducing the continuous physical presence requirement from ten to seven years and broadening the definition of "extreme hardship" to include hardship to the alien themselves. It establishes an affirmative application process for cancellation of removal for immediate relatives of U.S. citizens, ensuring these cases are not subject to numerical limitations. Crucially, the bill prohibits the removal of aliens with pending petitions or applications for various immigration benefits, including VAWA self-petitions, T/U/V visas, and special immigrant classifications. It also explicitly protects DACA recipients with active grants or pending renewals from removal. The bill establishes a presumption of non-detention for individuals protected from removal, unless they pose a threat to public safety or national security. To address fraudulent practices, the Act creates new federal offenses for immigration services fraud and misrepresentation by unauthorized individuals, mandating client reimbursement. It also allows aliens to reopen cases or withdraw applications without penalty if they were victims of fraud or unauthorized practice of law by a representative. To further combat fraud, the bill authorizes grant programs for states and local governments to establish immigration consumer fraud hotlines and websites, conduct outreach campaigns, and enhance enforcement against fraudulent service providers. These grant programs include strict prohibitions on sharing personally identifiable information for immigration enforcement purposes. The legislation also mandates new requirements for immigration consultants, ensuring transparency about their limitations and providing clients with contractual protections. Finally, the bill enhances transparency regarding immigration service fees and backlogs, requiring detailed annual and quarterly reports from the Department of Homeland Security. The bill aims to build community trust by protecting vulnerable aliens who are victims of crimes, witnesses, or defending their civil rights. It prohibits removal or initiation of removal proceedings against individuals known to be victims of domestic violence, human trafficking, or other serious crimes, as well as witnesses in criminal investigations or plaintiffs in civil rights lawsuits. Exceptions apply for those convicted of serious crimes or posing a threat. The Director of ICE must review and approve the removal of alien parents of U.S. citizen children, and the bill mandates various reports on enforcement actions and the well-being of U.S. citizen children whose parents are removed.
Read twice and referred to the Committee on the Judiciary.
Fairness for Immigrant Families Act of 2026
USA119th CongressS-5138| Senate
| Updated: 7/27/2026
The Fairness for Immigrant Families Act of 2026 seeks to protect immigrant families, combat fraud, promote citizenship, and build community trust. The bill begins by eliminating the 3-year and 10-year bars to re-entry for unlawful presence and modifies the permanent bar, introducing exceptions for minors, asylees, trafficking victims, and those who entered as children. It also provides a hardship waiver for certain family members of U.S. citizens or lawful permanent residents, aiming to keep families together. Additionally, the bill revises inadmissibility and deportability for misrepresentation of citizenship, creating exceptions for minors and VAWA self-petitioners. A significant provision extends the application period for adjustment of status under Section 245(i) of the Immigration and Nationality Act, allowing more individuals present in the United States to apply for lawful permanent residency. The bill also reforms the reinstatement of removal orders, introducing exceptions for minors and cases where reinstatement would cause hardship to U.S. citizen or lawful permanent resident family members, or prevent asylum consideration. It explicitly states that family separation is not in the public interest and constitutes a hardship. Furthermore, the bill allows certain relatives of U.S. citizens, removed after January 20, 2025, to file motions to reopen or reconsider their cases at any time. The legislation expands eligibility for cancellation of removal by reducing the continuous physical presence requirement from ten to seven years and broadening the definition of "extreme hardship" to include hardship to the alien themselves. It establishes an affirmative application process for cancellation of removal for immediate relatives of U.S. citizens, ensuring these cases are not subject to numerical limitations. Crucially, the bill prohibits the removal of aliens with pending petitions or applications for various immigration benefits, including VAWA self-petitions, T/U/V visas, and special immigrant classifications. It also explicitly protects DACA recipients with active grants or pending renewals from removal. The bill establishes a presumption of non-detention for individuals protected from removal, unless they pose a threat to public safety or national security. To address fraudulent practices, the Act creates new federal offenses for immigration services fraud and misrepresentation by unauthorized individuals, mandating client reimbursement. It also allows aliens to reopen cases or withdraw applications without penalty if they were victims of fraud or unauthorized practice of law by a representative. To further combat fraud, the bill authorizes grant programs for states and local governments to establish immigration consumer fraud hotlines and websites, conduct outreach campaigns, and enhance enforcement against fraudulent service providers. These grant programs include strict prohibitions on sharing personally identifiable information for immigration enforcement purposes. The legislation also mandates new requirements for immigration consultants, ensuring transparency about their limitations and providing clients with contractual protections. Finally, the bill enhances transparency regarding immigration service fees and backlogs, requiring detailed annual and quarterly reports from the Department of Homeland Security. The bill aims to build community trust by protecting vulnerable aliens who are victims of crimes, witnesses, or defending their civil rights. It prohibits removal or initiation of removal proceedings against individuals known to be victims of domestic violence, human trafficking, or other serious crimes, as well as witnesses in criminal investigations or plaintiffs in civil rights lawsuits. Exceptions apply for those convicted of serious crimes or posing a threat. The Director of ICE must review and approve the removal of alien parents of U.S. citizen children, and the bill mandates various reports on enforcement actions and the well-being of U.S. citizen children whose parents are removed.