Sec. 202. Terrorist bar to good moral character
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Section 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f) ) is amended— by inserting after paragraph
(1)the following: one who the Secretary of Homeland Security or Attorney General determines to have been at any time an alien described in section 212(a)(3) or 237(a)(4), which determination may be based upon any relevant information or evidence, including classified, sensitive, or national security information; ; in paragraph (8), by inserting , regardless whether the crime was classified as an aggravated felony at the time of conviction, except that the Secretary of Homeland Security or Attorney General may, in the unreviewable discretion of the Secretary or Attorney General, determine that this paragraph shall not apply in the case of a single aggravated felony conviction (other than murder, manslaughter, homicide, rape, or any sex offense when the victim of such sex offense was a minor) for which completion of the term of imprisonment or the sentence (whichever is later) occurred 10 or more years prior to the date of application after (as defined in subsection (a)(43)) ; and in the matter following paragraph (9), by striking the first sentence and inserting the following: The fact that any person is not within any of the foregoing classes shall not preclude a discretionary finding for other reasons that such a person is or was not of good moral character. The Secretary or the Attorney General shall not be limited to the applicant’s conduct during the period for which good moral character is required, but may take into consideration as a basis for determination the applicant’s conduct and acts at any time. Section 509(b) of the Immigration Act of 1990 ( 8 U.S.C. 1101 note) is amended to read as follows: The amendment made by subsection
(a)shall take effect on November 29, 1990, and shall apply to convictions occurring before, on or after such date. . Section 5504(2) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ) is amended by striking adding at the end and inserting inserting after paragraph
(8). The amendments made by subsections
(a)and
(b)shall take effect on the date of enactment of this Act, shall apply to any act that occurred before, on, or after such date and shall apply to any application for naturalization or any other benefit or relief, or any other case or matter under the immigration laws pending on or filed after such date. The amendments made by subsection
(c)shall take effect as if enacted in the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ).
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- Pub. L. 108-458
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