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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. 552

Sec. 552. Authority of the Secretary of Homeland Security and Secretary of State

467 words·~2 min read·/bill/115/s/1757/pcs/section-552·

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Section 428 of the Homeland Security Act of 2002 ( 6 U.S.C. 236 ) is amended by striking subsections
(b)and
(c)and inserting the following: Notwithstanding section 104(a) of the Immigration and Nationality Act ( 8 U.S.C. 1104(a) ) or any other provision of law, and except for the authority of the Secretary of State under subparagraphs
(A)and
(G)of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ), the Secretary of Homeland Security— shall have exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) and all other immigration or nationality laws relating to the functions of consular officers of the United States in connection with the granting and refusal of a visa; and may refuse or revoke any visa to any alien or class of aliens if the Secretary of Homeland Security, or designee, determines that such refusal or revocation is necessary or advisable in the security interests of the United States. The revocation of any visa under paragraph (1)(B)— shall take effect immediately; and shall automatically cancel any other valid visa that is in the alien’s possession. Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, any other habeas corpus provision, and sections 1361 and 1651 of such title, no United States court has jurisdiction to review a decision by the Secretary of Homeland Security to refuse or revoke a visa. The Secretary of State may direct a consular officer to refuse or revoke a visa to an alien if the Secretary of Homeland Security determines that such refusal or revocation is necessary or advisable in the foreign policy interests of the United States. No decision by the Secretary of State to approve a visa may override a decision by the Secretary of Homeland Security under subsection (b). . Section 428 of the Homeland Security Act ( 6 U.S.C. 236 ) is amended by adding at the end the following: If the Secretary of Homeland Security or the Secretary of State revokes a visa— the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated on the date of the revocation; and look-out notices shall be posted to all Department port inspectors and Department of State consular officers. . Section 104(a)(1) of the Immigration and Nationality Act is amended to read: the powers, duties and functions of diplomatic and consular officers of the United States, and the power authorized by section 428(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 236 ), as amended by section 542 of the Building America’s Trust Act, except those powers, duties and functions conferred upon the consular officers relating to the granting or refusal of visas. .
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Sec. 552
Authority of the Secretary of Homeland Security and Secretary of State
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