Sec. 321. Protecting immigrants from convicted sex offenders
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Section 204(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1) ), is amended— in subparagraph (A), by amending clause
(viii)to read as follows: Clause
(i)shall not apply to a citizen of the United States who has been convicted of an offense described in subparagraph (A), (I), or
(K)of section 101(a)(43) or any offense defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16911 ), unless the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that the citizen poses no risk to the alien with respect to whom a petition described in clause
(i)is filed. ; and in subparagraph (B)(i)— by redesignating the second subclause
(I)as subclause (II); and by amending such subclause
(II)to read as follows: Subclause
(I)shall not apply in the case of an alien admitted for permanent residence who has been convicted of an offense described in subparagraph (A), (I), or
(K)of section 101(a)(43), unless the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that the alien lawfully admitted for permanent residence poses no risk to the alien with respect to whom a petition described in subclause
(I)is filed. . Section 101(a)(15)(K) of such Act ( 8 U.S.C. 1101(a)(15)(K) ), is amended by striking 204(a)(1)(A)(viii)(I)) each place such term appears and inserting 204(a)(1)(A)(viii)) . The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to petitions filed on or after such date.
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