Sec. 405. Visa refusal and revocation
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/bill/113/hr/2278/ih/section-405A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 428 of the Homeland Security Act of 2002 ( 6 U.S.C. 236 ) is amended by striking subsections
(b)and
(c)and inserting the following: Notwithstanding section 104(a) of the Immigration and Nationality Act ( 8 U.S.C. 1104(a) ) or any other provision of law, and except as provided in subsection
(c)and except for the authority of the Secretary of State under subparagraphs
(A)and
(G)of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ), the Secretary— shall have exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and all other immigration or nationality laws relating to the functions of consular officers of the United States in connection with the granting and refusal of a visa; and may refuse or revoke any visa to any alien or class of aliens if the Secretary, or designee, determines that such refusal or revocation is necessary or advisable in the security interests of the United States. The revocation of any visa under paragraph (1)(B)— shall take effect immediately; and shall automatically cancel any other valid visa that is in the alien’s possession. Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a decision by the Secretary of Homeland Security to refuse or revoke a visa, and no court shall have jurisdiction to hear any claim arising from, or any challenge to, such a refusal or revocation. The Secretary of State may direct a consular officer to refuse a visa requested by an alien if the Secretary of State determines such refusal to be necessary or advisable in the interests of the United States. No decision by the Secretary of State to approve a visa may override a decision by the Secretary of Homeland Security under subsection (b). . Section 237(a)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(1)(B) ) is amended by striking under section 221(i) . The amendment made by paragraph
(1)shall take effect on the date of the enactment of this Act and shall apply to visa refusals and revocations occurring before, on, or after such date. Section 428(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 236 ) is amended by— striking subsection and inserting section ; and striking consular office and inserting consular officer .
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