Sec. 1321. Protecting victims of terrorism from being defined as terrorists
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/bill/117/s/5353/is/section-1321A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 212(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) ) is amended to read as follows: Any alien who— has engaged in a terrorist activity; a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable grounds to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (ii)); has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity; is a representative (as defined in clause (v)) of— a terrorist organization described in subclause
(I)or
(II)of clause (vi)); and a political, social, or other group that endorses or espouses terrorist activity; is a member of a terrorist organization described in subclause
(I)or
(II)of clause (vi); endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or to support a terrorist organization described in subclause
(I)or
(II)of clause (vi); or has received military-type training (as defined in section 2339D (c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization described in subclause
(I)or
(II)of clause (vi)), or was a terrorist organization described in subclause
(III)of such clause and there are reasonable grounds for regarding the alien as a danger to the security of the United States, is inadmissible. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this Act, to be engaged in a terrorist activity. In this Act, the term terrorist activity means any activity that is unlawful under the laws of the place in which it is committed (or which, if it had been committed in the United States, would be unlawful under the laws of the United States or any State) and that involves any of the following: The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle). The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to carry out or abstain from carrying out any act as an explicit or implicit condition for the release of the individual seized or detained. A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18, United States Code) or upon the liberty of such person. An assassination. The use, with the intent to endanger the safety of 1 or more individuals or to cause substantial damage to property, of any— biological agent, chemical agent, or nuclear weapon or device; or explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property. A threat, attempt, or conspiracy to do any of the foregoing. In this Act, the term engage in terrorist activity means, in an individual capacity or as a member of an organization— to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity; to prepare or plan a terrorist activity; to gather information on potential targets for terrorist activity; to solicit funds or other things of value for— a terrorist activity; or a terrorist organization described in subclause
(I)or
(II)of clause (vi)(II); to solicit any individual— to engage in conduct otherwise described in this subsection; or for membership in a terrorist organization described in subclause
(I)or
(II)of clause (vi); or to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training— for the commission of a terrorist activity; to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity; or to a terrorist organization described in subclause
(I)or
(II)of clause
(vi)or to any member of such an organization. In this Act, the term material support means support that is significant and of a kind directly relevant to terrorist activity. In this paragraph, the term representative includes an officer, official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity. In this section, the term terrorist organization means an organization— designated under section 219; or otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in subclauses
(I)through
(VI)of clause (iv). . Section 212(a)(3)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(G) ) is amended— by striking Any alien and inserting the following: Any alien ; and by adding at the end the following: Clause
(i)shall not apply to an alien who establishes that the actions giving rise to inadmissibility under such clause were committed under duress or carried out while the alien was younger than 18 years of age. . Section 237(a)(4)(F) of such Act ( 8 U.S.C. 1227(a)(4)(F) ) is amended— by striking Any alien and inserting the following: Any alien ; and by adding at the end the following: Clause
(i)shall not apply to an alien who establishes that the actions giving rise to deportability under such clause were committed under duress or carried out while the alien was younger than 18 years of age. . Section 212(d)(3)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(3)(B)(i) ) is amended to read as follows: The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may conclude, in such Secretary's sole, unreviewable discretion, that subsection (a)(3)(B) shall not apply to an alien or that subsection (a)(3)(B)(iii)(V)(cc) shall not apply to a group. The Secretary of State may not exercise discretion under this clause with respect to an alien after removal proceedings against the alien have commenced under section 240. .
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