S. 1343Senate118th Congress (2023-2025)In Committee

Fair Adjudications for Immigrants Act

Introduced April 27, 2023

AI-Generated Summary

Updated January 20, 2026 at 6:48 AM UTC

The Fair Adjudications for Immigrants Act amends the Immigration and Nationality Act to narrow the definition of “conviction” for immigration purposes. It excludes convictions that have been dismissed, expunged, pardoned, or otherwise nullified, as well as certain probation or appeal situations, and counts only the actual time served in prison. The changes apply retroactively to all past and future cases. It also bars removal grounds if a sentencing court recommends the alien not be removed after notice and an opportunity to respond.

Key Provisions

  • Redefines “conviction” to mean only a formal court judgment of guilt.
  • Excludes from the definition any adjudication that has been dismissed, expunged, deferred, annulled, invalidated, withheld, vacated, or pardoned at the federal, state, or local level.
  • Excludes judgments where the court issued a recommendation against removal, an order of probation without a judgment, or similar dispositions.
  • Excludes convictions that are under appeal or within the time to file a direct appeal.
  • Limits references to imprisonment terms to the actual period of incarceration and excludes any suspended portion of a sentence.
  • Applies these changes retroactively to convictions before, on, or after enactment.
  • Prohibits applying inadmissibility or deportability grounds under sections 212(a)(2) and 237(a)(2) when a sentencing court recommends the alien not be removed after notice and an opportunity to respond.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S1421)

April 27, 2023

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SenateIntro Referral

Introduced in Senate

April 27, 2023

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S1421)

April 27, 2023

Floor Debate

4 members

What members said about S. 1343 on the floor

1 Republican3 Democrats
Jack Reed
Sen. Jack ReedD-RI · Apr 27, 2023

Madam President, it is time for a national investment in building a strong and resilient educator pipeline to ensure that all schools have the diverse, profession-ready teachers, principals,…

Alex Padilla
Sen. Alex PadillaD-CA · Apr 27, 2023

Mr. President, I rise to introduce the Fair Adjudications for Immigrants Act. This legislation would ensure that immigrants with criminal convictions do not face barriers to naturalization and…

Alex Padilla
Sen. Alex PadillaD-CA · Apr 27, 2023

Mr. President, I rise to introduce the Fair Adjudications for Immigrants Act. This legislation would ensure that immigrants with criminal convictions do not face barriers to naturalization and…

John Thune
Sen. John ThuneR-SD · Apr 27, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Apr 27, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued April 27, 2023

II

118th CONGRESS

1st Session

S. 1343

IN THE SENATE OF THE UNITED STATES

April 27, 2023

Mr. Padilla (for himself, Mr. Blumenthal, Mr. Durbin, Mr. Booker, Mrs. Feinstein, Mr. Markey, Mrs. Murray, Ms. Hirono, Ms. Warren, and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to alter the definition of conviction, and for other purposes.

1.

Short title

This Act may be cited as the Fair Adjudications for Immigrants Act.

2.

Expungement and sentencing

(a)

Definition of conviction

(1)

In general

Section 101(a)(48) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) is amended to read as follows:

(48)
(A)

The term conviction means a formal judgment of guilt entered by a court.

(B)

The following may not be considered a conviction for purposes of this Act:

(i)

An adjudication or judgment of guilt that has been dismissed, expunged, deferred, annulled, invalidated, withheld, vacated, or pardoned federally or by a State or locality, including by the President of the United States or by a person or agency authorized by State law to grant such pardon.

(ii)

Any adjudication in which the court has issued—

(I)

a judicial recommendation against removal;

(II)

an order of probation without entry of judgment; or

(III)

any similar disposition.

(iii)

A judgment that is on appeal or is within the time to file direct appeal.

(C)
(i)

Unless otherwise provided, with respect to an offense, any reference to a term of imprisonment or a sentence is considered to include only the period of incarceration ordered by a court.

(ii)

Any such reference shall be considered to exclude any portion of a sentence of which the imposition or execution was suspended.

.

(2)

Retroactive applicability

The amendment made by this subsection shall apply with respect to any conviction, adjudication, or judgment entered before, on, or after the date of the enactment of this Act.

(b)

Judicial recommendation against removal

The grounds of inadmissibility and deportability under sections 212(a)(2) and 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2) and 1227(a)(2)) shall not apply to an alien with a criminal conviction if, after having provided notice and an opportunity to respond to the prosecuting authorities, the sentencing court issues a recommendation to the Secretary that the alien not be removed on the basis of the conviction.