Sec. 1510. Barring and removing persecutors, war criminals, and participants in crimes against humanity from the United States
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Section 212(a)(3)(E) 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.— in clause (iii)(II)— by striking of any foreign nation and inserting (including acts taken as part of an armed group exercising de facto authority) ; and by adding after clause
(iii)the following: Any alien, including an alien who is a superior commander, 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, 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 such title (relating to kidnapping); section 1203(a) of such title 18 (relating to hostage taking), notwithstanding any exception under subsection
(b)of such section 1203; section 1581(a) of such title (relating to peonage); section 1583(a)(1) of such title (relating to kidnapping or carrying away individuals for involuntary servitude or slavery); section 1584(a) of such title (relating to sale into involuntary servitude); section 1589(a) of such title (relating to forced labor); section 1590(a) of such title (relating to trafficking with respect to peonage, slavery, involuntary servitude, or forced labor); section 1591(a) of such title (relating to sex trafficking of children or by force, fraud, or coercion); section 2241(a) of such title (relating to aggravated sexual abuse by force or threat); or section 2242 of such title (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 such title; that would constitute performing biological experiments, as described in section 2441(d)(1)(C) of such title; that would constitute mutilation or maiming, as described in section 2441(d)(1)(E) of such title; or that would constitute intentionally causing serious bodily injury, as described in section 2441(d)(1)(F) of such title. In this subparagraph— 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 of such acts; the term systematic means the commission of a series of acts following a regular pattern and occurring in an organized, non-random manner; and the term widespread means a single, large scale act or a series of acts directed against a substantial number of victims. . Section 212(d)(3)(A) 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) . Section 237(a)(4)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(4)(D) ) is amended— in the subparagraph heading, by striking ; and Nazi by striking or
(iii)and inserting (iii), or
(iv). Section 212(a)(2)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2)(G) is amended— in the subparagraph heading, by striking and inserting Foreign government officials ; and Any persons 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 (8), by striking or at the end; 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; or . 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, United States Code, is amended— in subsection (a), by striking shall be fined under this title or imprisoned not more than 5 years, or both and inserting has engaged in a violent crime against children under section 3559(f)(3), shall be imprisoned for life or for 10 years or longer ; and in subsection (d), by striking shall be fined under this title or imprisoned not more than 5 years, or both. and inserting shall be imprisoned for life or for 10 years or longer. . Section 212(a)(3)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(G) ) is amended— by striking section 2442 and inserting section 2442(a) ; and by inserting or has provided material support in the recruitment or use of child soldiers in violation of section 2339A of such title 18, after Code, . Section 237(a)(4)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(4)(F) ) is amended by inserting or has provided material support in the recruitment or use of child soldiers in violation of section 2339A of title 18, after Code, . The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended— in section 101(a)(42) ( 8 U.S.C. 1101(a)(42) ), by inserting committed, before ordered ; in section 208(b)(2)(A)(i) ( 8 U.S.C. 1158(b)(2)(A)(i) ), by inserting committed, before ordered ; and in section 241(b)(3)(B)(i) ( 8 U.S.C. 1231(b)(3)(B)(i) ), 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. 1510
Barring and removing persecutors, war criminals, and participants in crimes against humanity from the United States
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