Sec. 3202. Transfer and limitations on authority to suspend or restrict the entry of a class of noncitizens
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Section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) ) is amended to read as follows: Subject to paragraph (2), if the Secretary of State, in consultation with the Secretary of Homeland Security, determines, based on specific and credible facts, that the entry of any noncitizens or any class of noncitizens into the United States would undermine the security or public safety of the United States, or the preservation of human rights, democratic processes or institutions, or international stability, the President may temporarily— suspend the entry of such noncitizens or class of noncitizens as immigrants or nonimmigrants; or impose any restriction on the entry of such noncitizens that the President considers appropriate.
In carrying out paragraph (1), the President, the Secretary of State, and the Secretary of Homeland Security shall— issue a suspension or restriction only to the extent required to address specific acts implicating a compelling government interest in a factor identified in paragraph (1); narrowly tailor the suspension or restriction, using the least restrictive means, to achieve such compelling government interest; specify the duration of the suspension or restriction and set forth evidence justifying such duration; consider waivers to any class-based restriction or suspension and apply a rebuttable presumption in favor of granting family-based and humanitarian waivers; and comply with all provisions of this Act, including section 202(a)(1)(A).
Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. Not later than 48 hours after the President exercises the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall provide a briefing and submit a written report to the appropriate committees of Congress that describes— the action taken pursuant to paragraph
(1)and the specified objective of such action; and the estimated number of individuals who will be impacted by such action; the constitutional and legislative authority under which such action took place; and the circumstances necessitating such action, including how such action complies with paragraph
(2)and any intelligence informing such action. If the briefing and report described in subparagraph
(B)are not provided to the appropriate committees of Congress during the 48-hour period after the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. The Secretary of State and the Secretary of Homeland Security shall publicly announce and publish an unclassified version of the report described in subparagraph
(B)in the Federal Register. Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. Nothing in this Act may be construed to preclude an action filed pursuant to subparagraph
(A)from proceeding as a class action. If the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary may suspend the entry of some or all noncitizens transported to the United States by such airline. Not later than 30 days after the date on which the President exercises the authority under this subsection, and every 30 days thereafter until the conclusion of such an exercise of authority, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit to the appropriate committees of Congress a report that includes the following: For each country affected by such a suspension or restriction— the total number of individuals who applied for a visa, disaggregated by visa category; the total number of such visa applicants who were approved, disaggregated by visa category; the total number of such visa applicants who were refused, disaggregated by visa category, and the reasons they were refused; the total number of such visa applicants whose applications remain pending, disaggregated by visa category; the total number of such visa applicants who were granted a waiver, disaggregated by visa category; the total number of such visa applicants who were denied a waiver, disaggregated by visa category, and the reasons such waiver requests were denied; and the total number of refugees admitted. Specific evidence supporting the need for the continued exercise of presidential authority under this subsection, including the information described in paragraph (3)(B). If a report required by subparagraph
(A)is not timely submitted, the suspension or restriction shall immediately terminate absent intervening congressional action. Not later than 30 days after the conclusion of a suspension or restriction under this subsection, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit to the appropriate committees of Congress a report that includes, for the entire period of the suspension or restriction, the information described clauses
(i)and
(ii)of subparagraph (A). Each report required by this paragraph shall be made publicly available on an internet website in unclassified form. Nothing in this subsection may be construed to authorize the President, the Secretary of State, or the Secretary of Homeland Security to act in a manner inconsistent with the policy decisions expressed in the immigration laws. In this subsection, the term appropriate committees of Congress means— the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate; and the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives. .
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Sec. 3202
Transfer and limitations on authority to suspend or restrict the entry of a class of noncitizens
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