Individuals previously removed

(a) Discretionary reinstatement of removal orders Section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) is amended— (1) by striking If the Attorney General and inserting the following: (A) In general Except as provided in subparagraph (B), if the Secretary of Homeland Security; and (2) by adding at the end the following: (B) Exceptions (i) In general Subparagraph (A) shall not apply to an alien— (I) who has not attained the age of 21 years on the date on which the alien reenters the United States; or (II) the reinstatement of the prior order of removal of whom— (aa) is not in the public interest; (bb) would result in hardship to the United States citizen or lawful permanent resident parent, spouse, or child of the alien; or (cc) would prevent consideration of an application for asylum that has not been previously adjudicated. (ii) Rule of construction For purposes of this paragraph, family separation shall be considered— (I) not in the public interest; and (II) a hardship.. (b) Motions To reopen and reconsider Section 240(c) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)) is amended by adding at the end the following: (8) Special rule for relatives of United States citizens (A) In general Notwithstanding subparagraphs (A) and (B) of paragraph (6) and subparagraphs (A) and (C) of paragraph (7)— (i) an alien described in subparagraph (B) may file a motion to reconsider under paragraph (6) or a motion to reopen under paragraph (7) at any time and without numerical limitation; and (ii) the Attorney General shall consider any such motion. (B) Alien described An alien described in this subparagraph is an alien who is— (i) outside the United States after having been excluded, deported, or removed from, or ordered to voluntarily depart, the United States on or after January 20, 2025; and (ii) the spouse, child, or parent of a citizen of the United States or an alien lawfully admitted for permanent residence. (C) Treatment of physical presence For purposes of any physical presence or continuous residence requirement for relief under the immigration laws, with respect to an alien described in subparagraph (B), a period outside the United States after having been excluded, deported, or removed from, or ordered to voluntarily depart the United States on or after January 20, 2025, shall not be considered to toll or break the alien's physical presence or continuous residence in the United States..