Sec. 203. Terrorist bar to naturalization

688 words·~3 min read·/bill/113/hr/2278/rh/section-203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 316 of the Immigration and Nationality Act ( 8 U.S.C. 1426 ) is amended by adding at the end the following: No person shall be naturalized who the Secretary of Homeland Security determines to have been at any time an alien described in section 212(a)(3) or 237(a)(4). Such determination may be based upon any relevant information or evidence, including classified, sensitive, or national security information. . Section 318 of the Immigration and Nationality Act ( 8 U.S.C. 1429 ) is amended by striking other Act; and inserting other Act; and no application for naturalization shall be considered by the Secretary of Homeland Security or any court if there is pending against the applicant any removal proceeding or other proceeding to determine the applicant’s inadmissibility or deportability, or to determine whether the applicant’s lawful permanent resident status should be rescinded, regardless of when such proceeding was commenced: .

Provided , That the findings of the Attorney General in terminating removal proceedings or in canceling the removal of an alien pursuant to the provisions of this Act, shall not be deemed binding in any way upon the Secretary of Homeland Security with respect to the question of whether such person has established his eligibility for naturalization as required by this title; Section 204(b) of the Immigration and Nationality Act ( 8 U.S.C. 1154(b) ) is amended by adding at the end the following:

No petition shall be approved pursuant to this section if there is any administrative or judicial proceeding (whether civil or criminal) pending against the petitioner that could (whether directly or indirectly) result in the petitioner’s denaturalization or the loss of the petitioner’s lawful permanent resident status. . Sections 216(e) and section 216A(e) of the Immigration and Nationality Act ( 8 U.S.C. 1186a(e) and 1186b(e)) are each amended by striking the period at the end and inserting , if the alien has had the conditional basis removed pursuant to this section. .

Subsection 336(b) of the Immigration and Nationality Act ( 8 U.S.C. 1447(b) ) is amended to read as follows: If there is a failure to render a final administrative decision under section 335 before the end of the 180-day period after the date on which the Secretary of Homeland Security completes all examinations and interviews conducted under such section, as such terms are defined by the Secretary of Homeland Security pursuant to regulations, the applicant may apply to the district court for the district in which the applicant resides for a hearing on the matter.

Such court shall only have jurisdiction to review the basis for delay and remand the matter to the Secretary of Homeland Security for the Secretary’s determination on the application. . Section 310(c) of the Immigration and Nationality Act ( 8 U.S.C. 1421(c) ) is amended— by inserting , not later than the date that is 120 days after the Secretary of Homeland Security’s final determination, after seek ; and by striking the second sentence and inserting the following: The burden shall be upon the petitioner to show that the Secretary’s denial of the application was not supported by facially legitimate and bona fide reasons.

Except in a proceeding under section 340, notwithstanding any other provision of law (statutory or nonstatutory), 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 determine, or to review a determination of the Secretary made at any time regarding, whether, for purposes of an application for naturalization, an alien is a person of good moral character, whether the alien understands and is attached to the principles of the Constitution of the United States, or whether an alien is well disposed to the good order and happiness of the United States.

The amendments made by this section 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 case or matter under the immigration laws pending on, or filed after, such date.

Connectionstraces to 6

Traces to 6 documents

U.S. Code

Citation graph

cites case law

Sec. 203

Terrorist bar to naturalization

Cites 6Cited by 0 across 0 sources