This bill would give immigration judges the power to not deport an undocumented immigrant who has a child/children that are U.S. citizens.
Under H.R. 406, immigration judges can take family situations into account during deportation proceedings. If they decide that the removal of a parent would go against a child’s best interests, they have the authority not to order a deportation. Currently, under the Immigration and Nationality Act, non-citizens can be subject to deportation for doing most anything, ranging from falsifying documents to "moral turpitude" to being convicted of a felony.
Empowering an immigration judge's discretion has its limits under this bill though — deportations would be mandatory if the undocumented parent is to be deported for security reasons or has engaged in sex/human trafficking.