Sec. 4. Protecting victims of terrorism from being defined as terrorists
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Section 212(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) ) is amended to read as follows: Except as provided in clause
(ii)and subsection (d)(3)(B)(i), an alien is inadmissible if— the alien has engaged in a terrorist activity; a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to believe, that the alien is engaged, or is likely to engage after entry, in any terrorist activity; the alien has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity; the alien is a representative of— a terrorist organization; or a political, social, or other group that endorses or espouses terrorist activity; the alien is a member of a terrorist organization; the alien endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization; the alien has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from, or on behalf of, any organization that, at the time the training was received, was a terrorist organization; or the alien is an officer, official, representative, or spokesman of the Palestine Liberation Organization. Clause (i)(V) shall not apply to an alien who is a member of a terrorist organization described in clause (iii)(V)(cc) if the alien demonstrates by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist organization. Clause (i)(VII) and items
(dd)through
(ff)of clause (iii)(I) shall not apply to an alien who establishes that his or her actions giving rise to inadmissibility under such clause were committed under duress and the alien does not pose a threat to the security of the United States. In determining whether the alien was subject to duress, the Secretary of Homeland Security may consider, among relevant factors, the age of the alien at the time such actions were committed. In this section: The term engage in terrorist activity means, in an individual capacity or as a member of an organization— to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity; to prepare or plan a terrorist activity; to gather information on potential targets for terrorist activity; to solicit funds or other things of value for— a terrorist activity; a terrorist organization described in item
(aa)or
(bb)of clause (iii)(V); or a terrorist organization described in clause (iii)(V)(cc), unless the solicitor can demonstrate by clear and convincing evidence that he or she did not know, and should not reasonably have known, that the organization was a terrorist organization; to solicit any individual— to engage in conduct otherwise described in this subsection; for membership in a terrorist organization described in item
(aa)or
(bb)of clause (iii)(V); or for membership in a terrorist organization described in clause (iii)(V)(cc) unless the solicitor can demonstrate by clear and convincing evidence that he or she did not know, and should not reasonably have known, that the organization was a terrorist organization; or to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training— for the commission of a terrorist activity; to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity; to a terrorist organization described in item
(aa)or
(bb)of clause (iii)(V) or to any member of such an organization; or to a terrorist organization described in clause (iii)(V)(cc), or to any member of such an organization, unless the actor can demonstrate by clear and convincing evidence that he or she did not know, and should not reasonably have known, that the organization was a terrorist organization. The term material support means support that is significant and of a kind directly relevant to terrorist activity. The term representative includes— an officer, official, or spokesman of an organization; and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity. The term terrorist activity means any activity which is unlawful under the laws of the place where it is committed (or which, if it had been committed in the United States, would be unlawful under the laws of the United States or any State) and which involves— the highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle); the seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained; a violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18, United States Code) or upon the liberty of such a person; an assassination; the use, with the intent to endanger the safety of 1 or more individuals or to cause substantial damage to property, of any— biological agent, chemical agent, or nuclear weapon or device; or explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain); or a threat, attempt, or conspiracy to carry out any of the activities described in items
(aa)through (ee). The term terrorist organization means an organization— designated under section 219; otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in items
(aa)through
(ff)of subclause (I); or that is a group of 2 or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, the activities described in items
(aa)through
(ff)of subclause (I). . Section 212(a)(3)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(G) ) is amended by adding at the end the following: This subparagraph shall not apply to an alien who establishes that the actions giving rise to inadmissibility under this subparagraph were committed under duress or carried out while the alien was younger than 18 years of age. . Section 237(a)(4)(F) of such Act ( 8 U.S.C. 1227(a)(4)(F) ) is amended— by redesignating subparagraph
(F)as subparagraph (G); by redesignating subparagraph
(E)(as added by section 5502(b)), as subparagraph (F); and in subparagraph (G), as redesignated, by adding at the end the following: This subparagraph shall not apply to an alien who establishes that the actions giving rise to deportability under this subparagraph were committed under duress or carried out while the alien was younger than 18 years of age. . Section 212(d)(3)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(3)(B)(i) ) is amended to read as follows: The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may conclude, in such Secretary's sole, unreviewable discretion, that subsection (a)(3)(B) shall not apply to an alien or that subsection (a)(3)(B)(iii)(V)(cc) shall not apply to a group. The Secretary of State may not exercise discretion under this clause with respect to an alien after removal proceedings against the alien have commenced under section 240. .
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