The Daily Journal of the United States Government
Notice
Exercise of Authority Under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act
Action
Notice Of Determination.
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8 U.S.C. 1182(d)(3)(B)(i).
Following consultations with the
Attorney General, the Secretary of Homeland Security and the Secretary
of State have determined that the grounds of inadmissibility at section
212(a)(3)(B) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(3)(B),
bar certain aliens who do not pose a national security or public safety
risk from admission to the United States and from obtaining immigration
benefits or other status. Accordingly, consistent with prior exercises
of the exemption authority, the Secretary of Homeland Security and the
Secretary of State, in consultation with the Attorney General, hereby
conclude, as a matter of discretion in accordance with the authority
granted by INA section 212(d)(3)(B)(i), 8 U.S.C. 1182(d)(3)(B)(i),
as amended, as well as the foreign policy and national security
interests deemed relevant in these consultations, that paragraphs
212(a)(3)(B)(iv)(VI)(bb) and (dd) of the INA, 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(bb)
and (dd), shall not apply with respect to an alien who provided limited
material support to an organization described in section
212(a)(3)(B)(vi)(III) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(III),
or to a member of such an organization, or to an individual described
in section 212(a)(3)(B)((iv)(VI)(bb) of the INA, 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(bb),
that involves (1) certain routine commercial transactions or certain
routine social transactions (i.e., in the satisfaction of certain
well-established or verifiable family, social, or cultural obligations),
(2) certain humanitarian assistance, or (3) substantial pressure that
does not rise to the level of duress, provided, however, that the alien
satisfies the relevant agency authority that the alien:
(a) Is seeking a benefit or
protection under the INA and has been determined to be otherwise
eligible for the benefit or protection;
(b) Has undergone and passed all relevant background and security checks;
(c) Has fully disclosed, in all
relevant applications and/or interviews with U.S. government
representatives and agents, the nature and circumstances of any material
support provided and any other activity or association falling within
the scope of section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B), as well as all contact with a terrorist organization and its members;
(d) Has not provided the material support with any intent or desire to assist any terrorist organization or terrorist activity;
(e) Has not provided material
support (1) that the alien knew or reasonably should have known could
directly be used to engage in terrorist or violent activity or (2) to
any individual who the alien knew or reasonably should have known had
committed or planned to commit a terrorist activity on behalf of a
designated terrorist organization, as described in section
212(a)(3)(B)(vi)(I) or (II) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(I) or (II);
(f) Has not provided material
support to terrorist activities that he or she knew or reasonably should
have known targeted noncombatant persons, U.S. citizens, or U.S.
interests;
(g) Has not provided material
support that the alien knew or reasonably should have known involved
providing weapons, ammunition, explosives, or components thereof, or the
transportation or concealment of such items;
(h) Has not provided material
support in the form of military-type training (as defined in section
2339D(c)(1) of title 18, United States Code);
(i) Has not engaged in any other
terrorist activity, including but not limited to providing material
support to a designated terrorist organization, as described in section
212(a)(3)(B)(vi)(I) or (II) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(I) or (II), to which no other exemption applies;
(j) Poses no danger to the safety and security of the United States; and
(k) Warrants an exemption from the relevant inadmissibility provision in the totality of the circumstances.
Implementation of this
determination will be made by U.S. Citizenship and Immigration Services
(USCIS), in consultation with U.S. Immigration and Customs Enforcement
(ICE), or by U.S. consular officers, as applicable, who shall ascertain,
to their satisfaction, and in their discretion, that the particular
alien meets each of the criteria set forth above.
This exercise of authority may be
revoked as a matter of discretion and without notice at any time with
respect to any and all persons subject to it. Any determination made
under this exercise of authority as set out above can inform but shall
not control a decision regarding any subsequent benefit or protection
applications, unless such exercise of authority has been revoked. This
exercise of authority shall not be construed to prejudice, in any way,
the ability of the U.S. government to commence subsequent criminal or
civil proceedings in accordance with U.S. law involving any beneficiary
of this exercise of authority (or any other person). This exercise of
authority creates no substantive or procedural right or benefit that is
legally enforceable by any party against the United States or its
agencies or officers or any other person.
In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C. 1182(d)(3)(B)(ii),
a report on the aliens to whom this exercise of authority is applied,
on the basis of case-by-case decisions by the U.S. Department of
Homeland Security or by the U.S. Department of State, shall be provided
to the specified congressional committees not later than 90 days after
the end of the fiscal year.
This determination is based on an
assessment related to the national security and foreign policy interests
of the United States as they apply to the particular persons described
herein and shall not have any application with respect to other persons
or to other provisions of U.S. law.
Jeh Charles Johnson,
Secretary of Homeland Security.
John F. Kerry,
Secretary of State.
[FR Doc. 2014-02357 Filed 2-4-14; 8:
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