Sec. 1513. Barring aggravated felons, border checkpoint runners, and sex offenders from admission to the United States
1,350 words·~6 min read·
/bill/115/s/2192/pcs/section-1513A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended— in subsection (a)(2)— in subparagraph (A)(i)— in subclause (I), by striking , or and inserting a semicolon; in subclause (II), by striking the comma at the end and inserting ; or ; and by inserting after subclause
(II)the following: a violation of (or a conspiracy or attempt to violate) any statute relating to section 208 of the Social Security Act ( 42 U.S.C. 408 ) (relating to social security account numbers or social security cards) or section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification documents, authentication features, and information), ; and by inserting after subparagraph (K), as added by section 1512, the following: Any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of, a violation of, or an attempt or a conspiracy to violate, subsection
(a)or
(b)of section 1425 of title 18, United States Code (relating to the procurement of citizenship or naturalization unlawfully), is inadmissible. Any alien who at any time has been convicted under any law of, admits having committed, or admits committing acts which constitute the essential elements of, any law relating to, purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18, United States Code) in violation of any law, is inadmissible. Any alien who has been convicted of an aggravated felony at any time is inadmissible. Any alien who has been convicted of a violation of section 758 of title 18, United States Code (relating to high speed flight from an immigration checkpoint), is inadmissible. Any alien convicted under section 2250 of title 18, United States Code, is inadmissible. Except as provided in subsection (v), any alien who at any time is or has been convicted of a crime involving the use or attempted use of physical force, or threatened use of a deadly weapon, a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is inadmissible. For purposes of this clause, the term crime of domestic violence means any crime of violence or any offense under Federal, State, or Tribal law, that has, as an element, the use or attempted use of physical force or the threatened use of physical force or a deadly weapon against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government. Except as provided in subsection (v), any alien who at any time is or has been enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is inadmissible. In this clause, the term protection order means any injunction issued for the purpose of preventing violent or threatening acts of violence that involve the use or attempted use of physical force, or threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as an independent order in another proceeding. ; in subsection (h)— in the matter preceding paragraph (1), as amended by this Act, by striking , and
(K), and inserting (K), and
(M); in the undesignated matter following paragraph (2)— by striking torture. and inserting torture, or has been convicted of an aggravated felony. ; and by striking if either since the date of such admission the alien has been convicted of an aggravated felony or the alien and inserting if since the date of such admission the alien ; by redesignating subsection (t), as added by section 1(b)(2)(B) of Public Law 108–449 , as subsection (u); and by adding at the end the following: The Secretary or the Attorney General is not limited by the criminal court record and may waive the application of subsection (a)(2)(Q)(i) (with respect to crimes of domestic violence and crimes of stalking) and subsection (a)(2)(Q)(ii), in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship, upon a determination that— the alien was acting in self-defense; the alien was found to have violated a protection order intended to protect the alien; or the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime— that did not result in serious bodily injury; and where there was a connection between the crime and the alien’s having been battered or subjected to extreme cruelty. In acting on applications for a waiver under this subsection, the Secretary or the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Secretary or the Attorney General. . Section 237(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(3)(B) ) is amended— in clause (i), by striking the comma at the end and inserting a semicolon; in clause (ii), by striking , or at the end and inserting a semicolon; in clause (iii), by striking the comma at the end and inserting ; or ; and by inserting after clause
(iii)the following: of a violation of, or an attempt or a conspiracy to violate, subsection
(a)or
(b)of section 1425 of title 18 (relating to the unlawful procurement of citizenship or naturalization), . Section 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2) ), as amended by sections 1511 and 1512, is further amended by adding at the end the following: Any alien who is convicted of a violation of (or a conspiracy or attempt to violate) an offense relating to section 208 of the Social Security Act ( 42 U.S.C. 408 ) (relating to social security account numbers or social security cards) or section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification), is deportable. . The amendments made by this section shall apply to— any act that occurred before, on, or after the date of the enactment of this Act; all aliens who are required to establish admissibility on or after such date of enactment; and all removal, deportation, or exclusion proceedings that are filed, pending, or reopened, on or after such date of enactment. The amendments made by this section may not be construed to create eligibility for relief from removal under section 212(c) of the Immigration and Nationality Act ( 8 U.S.C. 1182(c) ), as in effect on the day before the date of the enactment of this Act, if such eligibility did not exist before such date of enactment.
Connectionstraces to 3
Traces to 3 documents
1 reference not yet in our index
- Pub. L. 108-449
Citation graph
cites case law
Sec. 1513
Barring aggravated felons, border checkpoint runners, and sex offenders from admission to the United States
Pub. L.Pub. L. 108-449
Cites 4Cited by 0 across 0 sources