Can I Stop My Family from Being Torn Apart by Deportation?
- Garcia- Windsor P.C.
- May 9
- 2 min read
Updated: 2 days ago
May 9, 2025
In the heart of Texas, where family values run deep, the threat of deportation looms over many households. For families with mixed immigration statuses, the fear of separation is a daily reality. The American Families United Act (AFUA), reintroduced as H.R. 2366, seeks to address this issue by granting immigration judges the discretion to consider the impact of deportation on U.S. citizen family members. This legislation aims to prioritize family unity, a principle deeply rooted in both American values and Texas family law.
Understanding the American Families United Act
The AFUA is a bipartisan effort led by Representatives María Elvira Salazar (FL-27) and Verónica Escobar (TX-16). It amends the Immigration and Nationality Act to allow immigration judges and officers to exercise discretion in cases involving spouses and children of U.S. citizens. Specifically, the bill permits judges to:
Terminate removal proceedings against the alien.
Decline to order the alien removed from the United States.
Grant the alien permission to reapply for admission to the United States.
Waive certain grounds of inadmissibility or deportability.
These provisions are contingent upon the determination that removal would result in hardship to the U.S. citizen family member, with a presumption that family separation constitutes such hardship.
The Impact on Texas Families
Texas is home to a significant number of mixed-status families. According to FWD, over 2.6 million U.S. citizens live in families with at least one undocumented member. The AFUA would provide these families with a legal avenue to remain united, reducing the emotional and financial toll of separation.
The bill also addresses the challenges faced by families who have already been separated. It allows for the reopening of petitions to adjust the status of a family member, offering a second chance for reunification.
Alignment with Texas Family Law
The principles of the AFUA align with the Texas Family Code, which emphasizes the best interests of the child in custody and visitation matters. Specifically, Section 153.002 states that "the best interest of the child shall always be the primary consideration." Deportation of a parent can have detrimental effects on a child's well-being, disrupting their emotional stability and financial security. By allowing judges to consider these factors, the AFUA reinforces the importance of family unity in child development.
Limitations and Safeguards
While the AFUA provides avenues for relief, it includes safeguards to prevent abuse. Individuals with certain criminal convictions or those deemed a threat to national security are excluded from the discretionary provisions. This ensures that the focus remains on families who pose no risk to the community and are seeking to maintain their unity.
Contact GarciaWindsor for Expert Guidance
For families in Texas facing the threat of separation due to immigration issues, the American Families United Act offers a beacon of hope. By empowering judges to consider the human impact of deportation, the bill seeks to uphold the values of family unity and compassion.
