Sec. 206. Background and security checks
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Section 103 of the Immigration and Nationality Act ( 8 U.S.C. 1103 ) is amended by adding at the end the following: Notwithstanding any other provision of law (statutory or nonstatutory), including but not limited to section 309 of Public Law 107–173 , sections 1361 and 1651 of title 28, United States Code, and section 706(1) of title 5, United States Code, neither the Secretary of Homeland Security, the Attorney General, nor any court may— grant, or order the grant of or adjudication of an application for adjustment of status to that of an alien lawfully admitted for permanent residence; grant, or order the grant of or adjudication of an application for United States citizenship or any other status, relief, protection from removal, employment authorization, or other benefit under the immigration laws; grant, or order the grant of or adjudication of, any immigrant or nonimmigrant petition; or issue or order the issuance of any documentation evidencing or related to any such grant, until such background and security checks as the Secretary may in his discretion require have been completed or updated to the satisfaction of the Secretary.
Notwithstanding any other provision of law (statutory or nonstatutory), including but not limited to section 309 of Public Law 107–173 , sections 1361 and 1651 of title 28, United States Code, and section 706(1) of title 5, United States Code, neither the Secretary of Homeland Security nor the Attorney General may be required to— grant, or order the grant of or adjudication of an application for adjustment of status to that of an alien lawfully admitted for permanent residence, grant, or order the grant of or adjudication of an application for United States citizenship or any other status, relief, protection from removal, employment authorization, or other benefit under the immigration laws, grant, or order the grant of or adjudication of, any immigrant or nonimmigrant petition, or issue or order the issuance of any documentation evidencing or related to any such grant, until any suspected or alleged materially false information, material misrepresentation or omission, concealment of a material fact, fraud or forgery, counterfeiting, or alteration, or falsification of a document, as determined by the Secretary, relating to the adjudication of an application or petition for any status (including the granting of adjustment of status), relief, protection from removal, or other benefit under this subsection has been investigated and resolved to the Secretary’s satisfaction.
Notwithstanding any other provision of law (statutory or nonstatutory), including section 309 of the Enhanced Border Security and Visa Entry Reform Act ( 8 U.S.C. 1738 ), sections 1361 and 1651 of title 28, United States Code, and section 706(1) of title 5, United States Code, no court shall have jurisdiction to require any of the acts in subsection
(h)or
(i)to be completed by a certain time or award any relief for failure to complete or delay in completing such acts. . Chapter 4 of title III of the Immigration and Nationality Act ( 8 U.S.C. 1501 et seq. ) is amended by adding at the end the following: Nothing in this Act or any other law, except as provided in subsection (d), shall be construed to require the Secretary of Homeland Security, the Attorney General, the Secretary of State, the Secretary of Labor, or a consular officer to grant any application, approve any petition, or grant or continue any relief, protection from removal, employment authorization, or any other status or benefit under the immigration laws by, to, or on behalf of— any alien deemed by the Secretary to be described in section 212(a)(3) or section 237(a)(4); or any alien with respect to whom a criminal or other proceeding or investigation is open or pending (including, but not limited to, issuance of an arrest warrant, detainer, or indictment), where such proceeding or investigation is deemed by the official described in subsection
(a)to be material to the alien’s eligibility for the status or benefit sought. An official described in subsection
(a)may, in the discretion of the official, deny (with respect to an alien described in paragraph
(1)or
(2)of subsection (a)) or withhold adjudication of pending resolution of the investigation or case (with respect to an alien described in subsection (a)(2) of this section) any application, petition, relief, protection from removal, employment authorization, status or benefit. Notwithstanding any other provision of law (statutory or nonstatutory), including section 309 of the Enhanced Border Security and Visa Entry Reform Act ( 8 U.S.C. 1738 ), sections 1361 and 1651 of title 28, United States Code, and section 706(1) of title 5, United States Code, no court shall have jurisdiction to review a decision to deny or withhold adjudication pursuant to subsection
(b)of this section. This section does not limit or modify the applicability of section 241(b)(3) or the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations and provisos contained in the United States Senate resolution of ratification of the Convention, as implemented by section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 ( Public Law 105–277 ) with respect to an alien otherwise eligible for protection under such provisions. . The table of contents for such Act is amended by inserting after the item relating to section 361 the following: Sec. 362. Construction. . The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to applications for immigration benefits pending on or after such date.
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- Pub. L. 107-173
- Pub. L. 105-277
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Sec. 206
Background and security checks
Pub. L.Pub. L. 107-173
Pub. L.Pub. L. 105-277
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