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Code · BILL · 115th Congress · S. 1757 (Placed on Calendar Senate) — To strengthen border security, increase resources for enforcement of immigration laws, and for other purposes. · Sec. 510

Sec. 510. Barring and removing persecutors, war criminals, and participants in crimes against humanity from the United States

1,239 words·~6 min read·/bill/115/s/1757/pcs/section-510

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Subparagraph
(E)of section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(E) ) is amended— by striking the subparagraph heading and inserting ; Participants in persecution (including nazi persecutions), genocide, war crimes, crimes against humanity, or the commission of any act of torture or extrajudicial killing.— by adding after subclause
(iii)the following: Any alien, including those who are superior commanders, who committed, ordered, incited, assisted, or otherwise participated in a war crime as defined in section 2441(c) of title 18, United States Code, a crime against humanity, or in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion, is inadmissible. In this subparagraph, the term crime against humanity means conduct that is part of a widespread and systematic attack targeting any civilian population, and with knowledge that the conduct was part of the attack or with the intent that the conduct be part of the attack— that, if such conduct occurred in the United States or in the special maritime and territorial jurisdiction of the United States, would violate— section 1111 of title 18, United States Code (relating to murder); section 1201(a) of title 18, United States Code (relating to kidnapping); section 1203(a) of title 18, United States Code (relating to hostage taking), notwithstanding any exception under subsection
(b)of such section 1203; section 1581(a) of title 18, United States Code (relating to peonage); section 1583(a)(1) of title 18, United States Code (relating to kidnapping or carrying away individuals for involuntary servitude or slavery); section 1584(a) of title 18, United States Code (relating to sale into involuntary servitude); section 1589(a) of title 18, United States Code (relating to forced labor); section 1590(a) of title 18, United States Code (relating to trafficking with respect to peonage, slavery, involuntary servitude, or forced labor); section 1591(a) of title 18, United States Code (relating to sex trafficking of children or by force, fraud, or coercion); section 2241(a) of title 18, United States Code (relating to aggravated sexual abuse by force or threat); or section 2242 of title 18, United States Code (relating to sexual abuse); that would constitute torture as defined in section 2340(1) of title 18, United States Code; that would constitute cruel or inhuman treatment as described in section 2441(d)(1)(B) of title 18, United States Code; that would constitute performing biological experiments as described in section 2441(d)(1)(C) of title 18, United States Code; that would constitute mutilation or maiming as described in section 2441(d)(1)(E) of title 18, United States Code; or that would constitute intentionally causing serious bodily injury as described in section 2441(d)(1)(F) of title 18, United States Code. . In this subparagraph, the term systematic means the commission of a series of acts following a regular pattern and occurring in an organized, non-random manner. In this subparagraph, the term widespread means either a single, large scale act or a series of acts directed against a substantial number of victims. The term superior commander means— a military commander or a person with effective control of military forces or an armed group; who knew or should have known that a subordinate or someone under his or her effective control is committing acts described in subsection (a), is about to commit such acts, or had committed such acts; and who fails to take the necessary and reasonable measures to prevent such acts or, for acts that have been committed, to punish the perpetrators thereof. . by revising in (iii)(II) the following: by deleting of any foreign nation , and by inserting after is inadmissible the following clause: Color of law. For purposes of this subsection and subsection 237(a)(4)(D) only, acting under color of law includes acts taken as part of an armed group exercising de facto authority. . Subparagraph
(A)of section 212(d)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(3)(A) ) is amended by striking and clauses
(i)and
(ii)of paragraph (3)(E) both places that term appears and inserting and (3)(E) . Subparagraph
(D)of section 237(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(4)(D) ) is amended— by striking in the subparagraph heading; and Nazi by striking or
(iii)and inserting (iii), or
(iv); by inserting after subsection (G), as redesignated by Title VIII of this Act, the following: Participation in female genital mutilation. Any alien who has committed, ordered, incited, assisted, or otherwise participated in female genital mutilation, is deportable. . Section 212(a)(2)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2)(G) is amended— in the header, by striking Foreign government officials and replacing it with Any persons ; and by striking , while serving as a foreign government official, . Section 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f) ) is amended— in paragraph (9), by striking killings) or 212(a)(2)(G) (relating to severe violations of religious freedom). and inserting killings), 212(a)(2)(G) (relating to severe violations of religious freedom), or 212(a)(3)(G) (relating to recruitment and use of child soldiers); ; and by inserting after paragraph
(9)the following: one who at any time committed, ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion is inadmissible. . Section 277 of the Immigration and Nationality Act ( 8 U.S.C. 1327 ) is amended by striking (other than subparagraph
(E)thereof) . Section 116 of Title 18 U.S.C. is amended— in subsection (a), by striking shall be fined under this title or imprisoned not more than 5 years, or both at the end, and inserting the following: has engaged in a violent crime against children under section 3559(f)(3) of this title and shall be imprisoned for life or for any term of years not less than 10. in subsection (d), by striking shall be fined under this title or imprisoned not more than 5 years, or both. at the end, and inserting the following: shall be imprisoned for life or for any term of years not less than 10. Section 212(a)(3)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(G) ) is amended by inserting after the 18, the following new clause: or has provided material support in the recruitment or use of child soldiers in violation of section 2339A of title 18, . Section 237(a)(4)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(4)(G) ), as amended by Title VIII of this Act, is amended by inserting after the 18, the following new clause: or has provided material support in the recruitment or use of child soldiers in violation of section 2339A of title 18, . Section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) ) is amended by inserting new
(H)to read as follows: Any alien who has ordered, incited, assisted, or otherwise participated in female genital mutilation, is inadmissible. . Section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) is amended by inserting committed, before ordered .
(i)Section 208(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2)(A)(i) ) is amended by inserting committed, before ordered .
(i)Section 241(b)(3)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3)(B)(i) ) is amended by inserting committed, before ordered . The amendments made by this section shall apply to any offense committed before, on, or after the date of enactment of this Act.
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Sec. 510
Barring and removing persecutors, war criminals, and participants in crimes against humanity from the United States
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